DISTANCE SALES AGREEMENT

This Distance Sales Agreement (the "Agreement") has been entered into between the SELLER and the BUYER identified below in accordance with the provisions of Turkish Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188), in order to set out the rights and obligations of the parties in connection with the sale and delivery of the products that the BUYER has ordered electronically.

1. PARTIES

1.1. SELLER

  • Legal Name: [BONHEUR LEGAL COMPANY NAME]
  • Brand: BONHEUR
  • Address: [ISTANBUL ADDRESS]
  • Tax / MERSIS Number: [VKN]
  • Phone: [PHONE]
  • Email: support@bonheurbag.com
  • Website: bonheurbag.com

(Hereinafter referred to as the "SELLER".)

1.2. BUYER

  • Full Name / Legal Name: The person/entity specified at order placement
  • Delivery Address: The address specified at order placement
  • Phone: The phone number specified at order placement
  • Email: The email address specified at order placement

(Hereinafter referred to as the "BUYER".)

The SELLER and the BUYER shall hereinafter be jointly referred to as the "Parties" and individually as a "Party".

2. SUBJECT

The subject of this Agreement is the determination of the mutual rights and obligations of the Parties pursuant to Turkish Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, in connection with the sale and delivery of the product(s) — whose characteristics and sale price are specified in this Agreement and on the order confirmation page — that the BUYER has ordered electronically through the SELLER's bonheurbag.com website.

The BUYER acknowledges and declares that they have been informed in a clear, comprehensible manner and in a way appropriate for the online medium about the SELLER's name/legal name, full address, phone number and other contact details, the essential characteristics of the product subject to the sale, the sale price including all taxes, the payment method, delivery terms and costs, the right of withdrawal and the conditions for exercising it, and the available complaint and dispute resolution authorities; and that they have confirmed this preliminary information electronically.

3. PRODUCT / SERVICE INFORMATION

The type, quantity, brand/model, color, number of items, sale price, payment method, and delivery details of the product(s) subject to this Agreement are as set out below. The prices listed and announced on the site are the sale prices. The announced prices and undertakings remain valid until they are updated and changed. Prices announced for a limited period remain valid until the end of the specified period.

  • Product Description: As shown on the order confirmation page.
  • Quantity: As shown on the order confirmation page.
  • Unit Price (VAT Included): As shown on the order confirmation page.
  • Subtotal (VAT Included): As shown on the order confirmation page.
  • Shipping Cost: As shown on the order confirmation page.
  • Total Amount: As shown on the order confirmation page.
  • Payment Method: Credit card, bank transfer / EFT, or any other payment method offered on the site.
  • Delivery Address: The address specified by the BUYER at the time of order.
  • Recipient: The person specified by the BUYER at the time of order.
  • Billing Address: The address specified by the BUYER at the time of order.

The accuracy of the information provided by the BUYER at the time of order is essential for the issuance of the invoice and the delivery of the product.

4. GENERAL PROVISIONS

4.1. The BUYER acknowledges, declares and undertakes that they have read and obtained information regarding the essential characteristics of the product subject to this Agreement, the sale price, the payment method, and the preliminary information regarding delivery on the SELLER's website, and that they have given the necessary confirmation electronically.

4.2. By confirming the Preliminary Information Form and this Agreement electronically, the BUYER confirms that, prior to the conclusion of the distance sales agreement, they have accurately and completely received the address, the essential characteristics of the ordered products, the price of the products including taxes, and the payment and delivery information that the SELLER is required to provide.

4.3. Each product subject to this Agreement shall be delivered to the BUYER or to the person/entity at the address designated by the BUYER within the period specified in the preliminary information section of the website — depending on the distance to the BUYER's place of residence — and in any case not exceeding the statutory period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the Agreement.

4.4. The SELLER undertakes to deliver the product subject to this Agreement completely, in accordance with the qualifications specified in the order, together with warranty documents and user manuals where applicable; to perform the work free from any defects, in accordance with applicable legal requirements and standards, in a sound manner and consistent with the principles of honesty and good faith.

4.5. If the SELLER becomes unable to fulfill the obligations subject to this Agreement because performance of the ordered product or service has become impossible, the SELLER acknowledges, declares and undertakes to notify the BUYER in writing within 3 (three) days of becoming aware of this situation, and to refund the total amount to the BUYER within 14 (fourteen) days from the date of such notification at the latest.

4.6. The BUYER acknowledges, declares and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to this Agreement, and that if the price of the product is not paid for any reason and/or is cancelled in the bank records, the SELLER's obligation to deliver the product shall terminate.

4.7. The BUYER acknowledges, declares and undertakes that if, after the product subject to this Agreement has been delivered to the BUYER or to the person/entity at the address designated by the BUYER, the price of the product is not paid to the SELLER by the relevant bank or financial institution as a result of unauthorized use of the BUYER's credit card by third parties, the BUYER shall return the product to the SELLER within 3 (three) days, with the shipping costs to be borne by the SELLER.

4.8. The SELLER undertakes to notify the BUYER if the SELLER is unable to deliver the product subject to this Agreement within the agreed period due to force majeure events that develop outside the will of the Parties, that are unforeseen, and that prevent and/or delay the Parties from performing their obligations. In such case, the BUYER shall have the right to request the cancellation of the order, the replacement of the product with an equivalent one (if any), and/or the postponement of the delivery period until the obstructive situation is eliminated. In case of cancellation by the BUYER, any payments made shall be refunded to the BUYER within 14 (fourteen) days.

4.9. The BUYER shall inspect the goods/services subject to this Agreement before taking delivery, and shall not accept goods/services that are damaged or defective (e.g. crushed, broken, with torn packaging) from the courier company. Goods/services that have been accepted shall be deemed to be undamaged and sound. After delivery, the obligation to preserve the goods/services with due care belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/services must not have been used and the invoice must be returned.

4.10. Where the BUYER has provided consent for commercial electronic communications in accordance with applicable law, the SELLER may reach out to the BUYER for marketing, notification and other purposes via the contact details (address, email, fixed and mobile phone lines, etc.) specified by the BUYER on the registration form or later updated by them. The BUYER may at any time request termination of such communications.

4.11. The BUYER agrees and undertakes to comply with the provisions of applicable law while using the SELLER's website and not to violate them. Otherwise, any legal and criminal liabilities that may arise shall bind the BUYER entirely and exclusively.

5. RIGHT OF WITHDRAWAL

5.1. Where this distance contract relates to the sale of goods, the BUYER may exercise the right of withdrawal by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to themselves or to the person/entity at the address designated by them, provided that they notify the SELLER, and without assuming any legal or criminal liability and without giving any reason.

5.2. To exercise the right of withdrawal, written notice must be sent within the 14 (fourteen) day period to the SELLER at support@bonheurbag.com by email, or by registered mail with acknowledgement of receipt.

5.3. Where the right of withdrawal is exercised:

  • a) The invoice of the product delivered to the 3rd party or to the BUYER must be returned. (If the invoice of the product to be returned has been issued to a corporate entity, the return must be accompanied by a return invoice issued by that entity. Order returns whose invoices have been issued in the name of corporations cannot be completed unless a RETURN INVOICE is issued.)
  • b) The return form must be completed.
  • c) The products to be returned must be delivered completely and undamaged, together with their box, packaging, and standard accessories (if any).
  • d) The SELLER is obliged to return the total amount and any documents that place the BUYER under obligation within 14 (fourteen) days at the latest from the receipt of the withdrawal notice.
  • e) If the value of the goods decreases or if the return becomes impossible due to a reason attributable to the BUYER's fault, the BUYER shall be obliged to compensate the SELLER's losses in proportion to their fault. However, the BUYER shall not be held responsible for changes and deterioration that occur during the withdrawal period due to the proper use of the goods or product.
  • f) If the use of the right of withdrawal causes the amount to fall below the campaign limit set by the SELLER, the discount benefited within the scope of the campaign shall be cancelled.

5.4. Where the return is made in accordance with the return procedure published on the SELLER's website, the return shipping costs arising from the use of the right of withdrawal shall be borne by the SELLER. By accepting this Agreement, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.

6. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

Pursuant to Article 15 of the Regulation on Distance Contracts, unless the Parties agree otherwise, the BUYER may not exercise the right of withdrawal in respect of the following contracts:

  • Contracts relating to goods or services whose price depends on fluctuations in the financial markets and is beyond the control of the SELLER.
  • Contracts relating to the supply of goods that are prepared in accordance with the BUYER's specifications or clearly personalized needs, that are not suitable for return by their nature, that are liable to deteriorate or expire rapidly.
  • Contracts relating to the supply of goods whose protective elements such as packaging, tape, seal or package have been opened after delivery, where return is not appropriate from a health and hygiene standpoint.
  • Contracts relating to goods that, after delivery, are mixed with other items and that cannot, by their nature, be separated.
  • Contracts relating to the supply of periodicals such as newspapers and magazines, other than those provided under a subscription agreement.
  • Contracts relating to services to be provided on a specific date or period, such as accommodation, transport of goods, car rental, food and beverage supply, and leisure or entertainment services.
  • Contracts relating to services performed instantly in electronic media or intangible goods delivered instantly to the BUYER.
  • Contracts relating to services whose performance has been initiated with the BUYER's consent before the expiry of the right of withdrawal period.

7. DEFAULT AND LEGAL CONSEQUENCES

If the BUYER defaults when making payments by credit card, the BUYER acknowledges, declares and undertakes that they will pay interest within the framework of the credit card agreement between the cardholder and the bank, and will be liable to the bank. In such case, the relevant bank may resort to legal remedies; may claim the resulting costs and attorney fees from the BUYER. In any event, if the BUYER defaults on their debt, the BUYER acknowledges, declares and undertakes to pay any damages and losses suffered by the SELLER as a result of the delayed performance of the debt.

8. COMPETENT COURT AND ENFORCEMENT OFFICES

For the application of this Agreement, the Consumer Arbitration Committees shall have jurisdiction up to the monetary thresholds announced by the Turkish Ministry of Trade, and the Consumer Courts at the place of residence of the BUYER or at the location where the consumer transaction was carried out shall have jurisdiction for disputes exceeding such thresholds.

The monetary thresholds that apply to applications before Consumer Arbitration Committees are updated at the start of each calendar year by the Turkish Ministry of Trade and published in the Official Gazette. The current thresholds can be accessed at tuketici.ticaret.gov.tr.

9. ENTRY INTO FORCE

When the BUYER completes the payment for the order placed through the Site, the BUYER shall be deemed to have accepted all the terms of this Agreement. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this Agreement has been read and accepted by the BUYER on the site before the order is placed. This Agreement consists of 9 (nine) articles and enters into force upon being read and accepted by the Parties in the electronic environment.

SELLER: [BONHEUR LEGAL COMPANY NAME]
BUYER: The person/entity specified on the order confirmation page
DATE: Order date