Article 1: Parties
1.1. Seller:
Title: Kraft Mac Packaging and Textile LTD.
Address: Keçeçi Business Center no: 2-39
Phone: +905412743076
Email: chapelladestek@gmail.com
1.2. Buyer:
Within the scope of this agreement, the BUYER is the person who places an order on the website https://dossha.com. The address and contact information used by the BUYER when registering or placing an order will be used as basis.
Name Surname: .......
Address: .......
Email: .......
Telephone: .......
Article 2: Subject
2.1. The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on the Application Principles and Procedures of Distance Contracts, in relation to the sale and delivery of the products, the qualities of which are specified in the contract and the sales price of which is ordered electronically by the BUYER from the SELLER's website https://chapella.co.
2.2. The BUYER accepts and declares that he/she is aware of all preliminary information and the right of withdrawal regarding the product subject to sale, including the basic characteristics of the products subject to sale, sales price, payment method, delivery conditions, etc., and that he/she has confirmed this preliminary information and the contract electronically and has subsequently ordered the product, in accordance with the provisions of this contract.
2.3. The preliminary information on the website https://chapella.co and the invoice and delivery note issued upon the order placed by the BUYER are integral parts of this contract.
2.4. This contract becomes valid after the BUYER gives the necessary confirmation electronically regarding the product order.
Article 3: Delivery of the Product, Place of Performance of the Contract and Method of Delivery
3.1. The product requested by the BUYER will be delivered to the ....... address determined by the BUYER by the cargo company representative.
3.2. The type and kind, quantity, brand/model, sales price, payment method, recipient, delivery address, and invoice information for the product(s) purchased electronically are as stated in the BUYER's order section. The person to be invoiced must be the same person who signed the contract. The BUYER agrees to fully cover any damages arising from inaccuracies or incompleteness of this information and further accepts all liability that may arise from such circumstances.
3.3. SELLER reserves the right to suspend the order if it deems it necessary and if it determines that the information provided by the BUYER does not correspond to the actual order. If SELLER detects a problem with the order and is unable to reach the BUYER via the phone number, email, or postal address provided by the BUYER, SELLER reserves the right to suspend the order for 14 (fourteen) days. BUYER is expected to contact SELLER regarding the issue within this period. If no response is received from the BUYER within this period, SELLER reserves the right to cancel the order to prevent any damage to either party.
Article 4: Delivery Costs and Performance
4.1. Once the order confirmation email is sent, stock is available, and the price of the product is transferred to the SELLER's account, the product(s) will be delivered to the SELLER's contracted cargo company. SELLER will deliver the product within five days of the order. This period may be extended by a maximum of 30 (thirty) days, provided that the BUYER is notified in advance in writing or via a permanent data carrier.
4.2. The product(s) will be delivered to the BUYER's address by the SELLER's contracted courier. Delivery costs are the responsibility of the BUYER. Even if the BUYER is not present at the address at the time of delivery, the SELLER will be deemed to have fully and completely fulfilled its obligation.
4.3. If the product in question is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization refuses to accept delivery. Therefore, any and all damages resulting from the BUYER's late receipt of the product, as well as any costs incurred while the product is waiting at the cargo company and/or the return of the cargo to the SELLER, are the responsibility of the BUYER.
4.4. Products are sent to areas where the cargo company does not deliver to addresses with a phone notification.
4.5. If the SELLER is unable to deliver the contracted product within the specified time due to commercial impossibilities, unexpected circumstances, force majeure, adverse weather conditions preventing shipment, or transportation interruptions, the SELLER is obligated to notify the BUYER in writing or via permanent data storage within 3 (three) days of becoming aware of the situation. In such a case, the BUYER may exercise one of the following rights: cancellation of the order, replacement of the contracted product with a comparable product, if any, and/or postponement of the delivery period until the impeding condition is eliminated. If the BUYER cancels the order, the amount paid will be refunded to the BUYER within 14 (fourteen) days.
4.6. If the product price is not paid or is cancelled in bank records for any reason, the SELLER is deemed to be released from its obligation to deliver the product.
Article 5: Buyer's Declarations and Commitments
5.1. The BUYER accepts and undertakes to fully perform the obligations assigned to it in the contract, except for force majeure reasons.
5.2. The BUYER accepts and undertakes that by placing an order, he/she is deemed to have accepted the provisions of this contract and that he/she will make the payment in accordance with the payment method specified in the contract.
5.3. The BUYER accepts and declares that he/she has received information on the website https://chapella.co regarding the SELLER's name, title, full address, telephone and other contact information, basic characteristics of the goods for sale, sales price including taxes, payment method, delivery conditions and costs, etc., all preliminary information regarding the goods for sale, the use of the right of "withdrawal" and how to use this right, the official authorities to whom he/she can submit his/her complaints and objections, etc., in a clear, understandable and online manner and that he/she has confirmed this preliminary information electronically.
5.4. Subject to the previous Article, the BUYER declares that he/she has read and is aware of the https://chapella.co order/payment/usage procedure information, which includes the product order and payment conditions, product usage instructions, precautions taken against possible situations and warnings, and that he/she has given the necessary confirmation electronically.
5.5. Before accepting the contracted product, the BUYER must inspect it and request that any damaged or defective product (such as broken, crushed, torn packaging) be removed from the cargo company. The BUYER must not accept the package from the cargo company and request a report be prepared by the cargo company representative. If the cargo company representative determines that the package is not damaged, the BUYER reserves the right to open the package and verify that the product(s) were delivered undamaged, and to have the situation documented in a report. The product received will be deemed undamaged and intact. The BUYER is responsible for the careful safekeeping of the product after delivery. If the package is not accepted and a report is prepared, the situation must be reported to SELLER's Customer Service as soon as possible, along with the BUYER's copy of the report.
5.6. The BUYER accepts that delivery made to the address specified by the BUYER and to the person present at this address at the time of delivery will be deemed to have been delivered to the BUYER.
5.7. If the right of withdrawal is to be exercised, the product must be returned with the invoice and shipping receipt. If the original invoice is not sent, VAT and any other legal obligations, if any, cannot be refunded to the BUYER.
Article 6: Seller's Declarations and Commitments
6.1. In accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on the Implementation Principles and Procedures of Distance Contracts, the SELLER is responsible for ensuring that the product subject to the contract is delivered intact, complete, compliant with the specifications specified in the order, and accompanied by warranty documents and user manuals, if any, except in cases of force majeure. If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to which the contract is to be delivered does not accept the delivery.
6.2. The SELLER accepts that the BUYER has the right to withdraw from the contract by rejecting the product within 14 (fourteen) days from the date of receipt of the product or signing the contract, without assuming any legal or criminal liability and without giving any justification, in accordance with Article 10 of this contract.
6.3. SELLER may, for justified reasons, supply the BUYER with a product of equal quality and price before the expiration of the contractual performance period. If SELLER believes that delivery of the product has become impossible, it must notify BUYER before the expiration of the contractual performance period. In such a case, BUYER may exercise one of the following rights: cancellation of the order, replacement of the contractual product with a comparable product, if any, and/or postponement of delivery until the impeding condition is resolved. If BUYER cancels the order, the paid amount and any documents will be returned within 14 (fourteen) days.
6.4. Credit card purchases can be made at https://chapella.co. Orders that are not paid within one day of the order date will be canceled. Orders are processed when the necessary credit card account is charged, not when the order is placed. Payment methods such as paid shipping will not be accepted without prior consultation with customer service.
Article 7: Specifications of the Product Subject to the Contract
7.1. The type and kind of the product, quantity, brand/model, color and sales price including all taxes are as stated in the information on the product promotion page on the website https://chapella.co and in the invoice which is considered an integral part of this agreement.
7.2. SELLER is not responsible for pricing errors resulting from technical reasons or system errors. Therefore, SELLER is not responsible for advertising or pricing errors that may occur due to the system, design, or illegal interventions on the website. BUYER cannot claim rights from SELLER based on system errors.
Article 8: Order and Payment Procedure
8.1. The BUYER is responsible to the bank he works with in accordance with the provisions of Article 9.
8.2. After the VAT-inclusive TL amount of the products added to the shopping cart (total installment amounts in installment transactions) is approved by the BUYER, the payment is processed through the POS of the relevant bank card.
8.3. If the bank or financial institution does not pay the price of the product to the SELLER due to the unfair or illegal use of the BUYER's credit card by unauthorized persons, for reasons not caused by the BUYER's fault, after the delivery of the product, the BUYER is obliged to send the delivered product to the SELLER within 10 (ten) days, with the shipping costs being borne by the BUYER.
Article 9: Payment Plan
9.1. Since forward sales are made only with credit cards belonging to banks, the BUYER accepts, declares and undertakes that it will separately confirm the relevant interest rates and default interest information from its bank, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the bank and the BUYER in accordance with the provisions of the legislation in force.
9.2. In installment transactions, the relevant provisions of the agreement signed between the BUYER and the card-issuing bank apply. The credit card payment date is determined by the agreement between the bank and the BUYER. The BUYER can also track the number of installments and payments on the account statement sent by the bank.
Article 10: Right of Withdrawal
10.1. In order for the BUYER to benefit from the right of withdrawal, the sale must be based on a sales contract falling within the scope of the Consumer Protection Law No. 6502; the return of the purchased product, complete and undamaged, together with its box, packaging and standard accessories (if any), must be made within 14 (fourteen) days from the date of delivery, without giving any justification and without paying any penalty.
10.2. To process a return, the BUYER must first complete the return section at the bottom of the invoice. Return requests submitted without completing this section will not be accepted. If this right is exercised, the invoice for the product delivered to the third party or the BUYER must be returned.
10.3. If the BUYER exercises his right of withdrawal, the SELLER will return the product price and any documents that impose a debt on the BUYER to the BUYER within 14 (fourteen) days of receiving the notice of withdrawal, and the BUYER will return the product within 10 days. If the original invoice is not sent, VAT and any other legal obligations, if any, will not be refunded to the BUYER.
10.4. The time period for refunds made to credit cards to be reflected in credit card accounts is at the discretion of the relevant bank.
10.5. If the purchase was made by credit card and in installments, the credit card refund procedure will be applied as follows: The bank will refund the BUYER in installments based on the number of installments requested by the BUYER. After the SELLER pays the bank the full product price in one lump sum, in the event that installment payments made through bank POS are refunded to the BUYER's credit card, the requested refund amounts will be transferred to the holder's accounts in installments by the bank to prevent any parties involved from being disadvantaged. The installment amounts paid by the BUYER up to the date of the sale cancellation will be reflected in the card as one (1) refund each month, unless the refund date coincides with the card's statement date. The BUYER will receive the installments paid before the return for an additional month after the sale's installments are completed, equal to the number of installments paid before the return, and will be deducted from their existing debts. In the event of a return of goods or services purchased with the card, the SELLER cannot pay the BUYER in cash, in accordance with the agreement it has made with the bank. In the event of a return, the merchant, i.e., the SELLER, will process the refund through the relevant software. Since the merchant, i.e., the SELLER, is obligated to pay the relevant amount to the bank in cash or on deduction, no cash payment is made to the BUYER as per the procedure detailed above. Refunds to credit cards will be made by the bank in accordance with the above procedure after the BUYER makes a single payment to the bank.
10.6. If the value of the goods decreases or return becomes impossible due to a reason caused by the BUYER's fault, the BUYER is obliged to compensate the SELLER for the damage in proportion to the fault.
Article 11: Return Conditions for Special Products
11.1. Products that require direct contact with the BUYER's body during use (headphones, etc.), disposable and similar products are among the products that cannot be returned due to their nature, except in cases where they are faulty/defective.
11.2. The right of withdrawal cannot be exercised for goods that are produced in accordance with the BUYER's special requests and demands or that have been personalized by making changes or additions.
Article 12: Default and Legal Consequences
If the BUYER defaults on credit card transactions, the BUYER will pay interest and be liable to the bank in accordance with the credit card agreement it has with the cardholder bank. In such cases, the relevant bank may take legal action and claim any resulting expenses and attorney fees from the BUYER. In any case, if the BUYER defaults on a debt, the BUYER agrees to pay the SELLER any losses and damages incurred by the delayed payment of the debt.
Article 13: Warranty
The SELLER's warranty liability applies only to consumers covered by the Consumer Protection Law No. 6502. For commercial transactions, the provisions of the Turkish Commercial Code shall apply.
Article 14: Competent Court
In case of dispute arising from the implementation of this agreement, the authorized Consumer Arbitration Committees and Consumer Courts of the Ministry of Industry and Trade shall have jurisdiction up to the value declared every December.
Article 15: Confidentiality
The information provided by the BUYER to the SELLER for payment purposes, as specified in this agreement, will not be shared by the SELLER with third parties. SELLER may disclose this information only if required by administrative/legal obligation. SELLER may provide the requested information to the relevant authority in the context of any legal investigation with documented investigative capacity. Credit card information is not stored at all. Credit card information is used only to obtain authorization by securely transmitting it to banks during the collection process and is deleted from the system after authorization. The BUYER's email address, mailing address, and telephone number are used only by the SELLER for standard product delivery and notification procedures. Occasionally, campaign information, new product information, and promotional information may be sent to the BUYER after approval.
Article 16: Entry into Force
If payment for an order placed through the website is made, the BUYER will be deemed to have accepted all terms of this agreement. The SELLER is responsible for implementing software changes to ensure that orders cannot be placed on the website without confirmation that the BUYER has read and accepted the agreement.