Distance Selling Agreement
This Distance Sales Agreement (“Agreement”) regulates the rights and obligations of the parties regarding the sale and delivery of the product(s)/service(s) specified in the order, which the customer (“BUYER”) wishes to purchase by placing an order via the website www.asloraswim.com (“Website”) and other remote sales channels, between Aslora Teksti Ticaret Limited Şirketi (“SELLER”) and the BUYER. Once the BUYER approves this Agreement on the Website or through other means, the price and expenses of the product(s) ordered are collected via the payment method selected by the BUYER from the options provided on the Website. Every customer who registers on the Website and makes a purchase is deemed to have read and accepted all the provisions of this Agreement without any further notice.
ARTICLE 1: PARTIES
The name/title and address details of the SELLER in this Agreement are as follows:
Title: Aslora Tekstil Ticaret Limited Şirketi
Address: Esentepe Mah. Talatpaşa Cad. No:5 İç Kapı No:1 Şişli İstanbul
E-mail: hello@asloraswim.com
Tax No: Zincirlikuyu Tax Office / 0900704665
MERSIS No: 0090070466500001
The name/title and address details of the BUYER in this Agreement are as follows:
Full Name/Title:
TCKN/VKN:
Address:
Phone:
E-mail:
In cases where the BUYER is a real or legal person acting for commercial or professional purposes and/or if the invoice for the product subject to the Agreement is issued in the name of the BUYER acting for commercial or professional purposes; the BUYER cannot benefit from the provisions of this Agreement or legal rights specifically granted to consumers under the law. The addresses and contact information of all parties placing orders on www.asloraswim.com are taken as basis for this Agreement between the SELLER and the BUYER. In this Agreement, the SELLER and the BUYER shall be referred to jointly as the "Parties" and individually as a "Party". The Agreement shall be deemed concluded and entered into force at the moment the BUYER completes the order on the Website.ARTICLE 2: INFORMATION REGARDING THE PRODUCT SUBJECT TO THE AGREEMENT The type, quantity, number, sales price, payment method, and other details of the Product(s) are composed of the information available at the time the order is finalized. ARTICLE 3: GENERAL PROVISIONS
3.1. The BUYER declares and accepts that they have read and become informed of all the preliminary information regarding the basic characteristics of the Product(s) subject to the Agreement, the sales price, the payment method, and the delivery, and that they have given the necessary confirmation electronically.
3.2. The Product(s) subject to the Agreement shall be delivered to the BUYER or the person/institution at the address indicated by the BUYER within the period specified in the preliminary information, depending on the delivery distance, provided that it does not exceed the legal period of 30 days. This period may be extended for an additional 7 days by informing the BUYER.
3.3. If the Product subject to the Agreement is to be delivered to a person/institution other than the BUYER, the SELLER shall not be held responsible if such person/institution refuses the delivery. In this case, the SELLER shall be deemed to have fulfilled their obligation completely and properly.
3.4. If there is no one present at the address provided by the BUYER to receive the Product ordered by the BUYER, it is the BUYER's responsibility to contact the cargo company and follow the shipment. In this case, the SELLER shall be deemed to have fulfilled their obligation completely and properly.
3.5. Any damages arising from the late receipt of the Product by the BUYER, as well as the costs incurred due to the Product being held by the cargo company and/or returned to the SELLER, shall be borne by the BUYER.
3.6. The BUYER is obligated to inspect the Product upon delivery and, in the event of a problem arising from the cargo, must not accept the Product and must have a report prepared with the cargo officer. Otherwise, the SELLER will not accept responsibility. In this case, the SELLER shall be deemed to have fulfilled their obligation completely and properly, and shall not be held liable for any damage occurring while the Product is in the cargo and not accepted by the BUYER.
3.7. Unless explicitly stated otherwise, delivery costs (such as shipping fees, etc.) belong to the BUYER. The SELLER has the right, at their discretion, to not charge the BUYER for part or all of the delivery costs; however, the execution of such shall not constitute a general rule.
3.8. Unless otherwise stipulated in writing by the SELLER, the BUYER must fully pay for the Product before delivery. In cash sales, if the price of the Product is not fully paid to the SELLER before delivery, or in installment sales, if the due installment amount is not paid, the SELLER may unilaterally cancel the Agreement and refuse to deliver the Product.
3.9. The SELLER is responsible for delivering the product intact, complete, in accordance with the specifications stated in the order, and with any user manuals if applicable.
3.10. If, after the delivery of the Product, the payment is not made to the SELLER by the related bank or financial institution due to the unauthorized use of the BUYER's credit card by persons not at fault of the BUYER, then the Product must be returned to the SELLER within 3 days, provided that it has already been delivered to the BUYER. In this case, the shipping costs belong to the BUYER.
3.11. If the SELLER is unable to deliver the product subject to the Agreement within the period due to force majeure or circumstances preventing delivery, they are obliged to inform the BUYER within three days from the date such circumstance is learned. In this case, the BUYER may use the rights to cancel the order, replace the product subject to the Agreement with its equivalent if available, and/or postpone the delivery until the obstructive situation is eliminated.
3.12. If the BUYER cancels the order, the amount paid shall be returned to the BUYER within 10 days from the date the SELLER receives the cancellation notice. For credit card payments, the refund shall be made to the BUYER’s credit card, and the amount of the Product will be refunded to the relevant bank within the same period following the cancellation of the order by the BUYER. Since the reflection of this amount to the BUYER’s accounts is entirely related to the bank transaction process, the BUYER accepts in advance that the SELLER cannot be held responsible for possible delays.
3.13. If it becomes clear that the product subject to the Agreement cannot be supplied by the SELLER, the SELLER shall notify the BUYER within three (3) days from learning this situation, using a legally valid method, and obtain the BUYER’s verbal/written approval. The SELLER may then supply another good/service of equal quality and price, and shall be deemed to have fulfilled their contractual obligation. The BUYER is completely free to give or withhold such approval; if the approval is not given, contractual and legal provisions regarding the cancellation of the order (termination of the Agreement) shall apply.
3.14. The SELLER’s records shall constitute evidence in resolving any disputes arising from and/or related to the implementation of this Agreement; the legal rights of the Parties under the mandatory provisions of applicable laws remain valid and reserved.
3.15. The SELLER is not responsible for any consequences arising from bank campaign conditions or delays in instalment payments.
3.16. Customs duties and other charges that may arise in international deliveries are the responsibility of the BUYER.
ARTICLE 4: RIGHT OF WITHDRAWAL
4.1. The BUYER has the right to withdraw from the Agreement within 14 (fourteen) days from the delivery of the Product subject to the Agreement to themselves or to the person/institution indicated by them. In cases where the subject of the Agreement is the provision of a service, this period begins on the date the Agreement is concluded. In contracts where goods and services are delivered together, the provisions regarding the right of withdrawal for goods shall apply. In order to exercise the right of withdrawal, the SELLERmust be notified within this period via the fax, email, or telephone details provided in the Agreement, and the Product must not have been used within the scope of Article 4.4. In the event the right of withdrawal is exercised, the return shipping receipt showing that the Product has been sent back to the SELLER along with the original invoice must be submitted. Following the receipt of these documents, the product amount shall be refunded to the BUYER within 14 days. In cases where the BUYER is a real or legal person acting for commercial or professional purposes and/or the invoice for the product subject to the Agreement is issued in the name of the BUYER acting for such purposes, and the BUYER wishes to return the product excluding consumer rights, the product must be returned together with a return invoice to be issued upon return. If the original invoice is not sent, VAT and other applicable legal obligations cannot be refunded.
4.2. The shipping cost of the returned Product due to the right of withdrawal shall be borne by the SELLER if the Product is returned using the cargo company contracted by the SELLER. As of the date this Agreement is approved, the contracted cargo company of the SELLER is Yurtiçi Kargo. If the Product is returned within the specified period using a cargo company other than the one contracted by the SELLER, the shipping cost shall be borne by the BUYER.
4.3. The right of withdrawal cannot be exercised for the following Products which, by their nature, cannot be returned:
a) Goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the SELLER or provider.
b) Products prepared in line with the BUYER’s requests or personal needs, or made personal by modifications or additions.
c) Perishable goods or goods with a potential expiration date.
d) Goods whose protective elements such as packaging, tape, seal, or package have been opened after delivery and are not suitable for return due to health and hygiene reasons (Including but not limited to underwear, swimwear, cosmetic products, and all types of personal care products).
e) Goods that are mixed with other products after delivery and cannot be separated due to their nature.
f) Books, digital content, and computer consumables provided in a physical format, where the packaging has been opened after delivery.
g) Periodicals such as newspapers and magazines, except for those provided under a subscription agreement.
h) Services related to accommodation, transportation of goods, car rental, food and beverage supply, and leisure activities to be provided on a specific date or within a specific period.
i) Services performed instantly in electronic environments or intangible goods delivered instantly to the consumer.
j) Services started with the consumer's approval before the expiration of the withdrawal period.
k) Goods and services excluded from the scope of the Distance Contracts Regulation in effect on the Agreement date.
ARTICLE 5: LEGAL REMEDIES OF THE BUYER
In the event of any dispute arising from this Agreement, the Consumer Arbitration Committees within the monetary limits announced annually by the Ministry of Customs andTrade are authorized, and in cases exceeding these limits, the Consumer Courts are authorized. Within this scope, the BUYER may apply to the Consumer Arbitration Committee or the Consumer Court located at either their own place of residence or that of the SELLER.
FINAL DECLARATION AND APPROVAL
The BUYER declares that they have read and understood all the terms and explanations written in this Agreement and the preliminary information forming an integral part of the order-contract (on the Website), that they have been informed in advance of all issues written in this Agreement including the basic characteristics and qualities of the Product(s) offered for sale, the sales price, the payment method, delivery terms, information about the SELLER, and other relevant information about the Product(s), including their right of withdrawal, personal data, electronic communication, and reward points conditions; that they have viewed all of this electronically on the Website and have confirmed, approved, accepted, and granted their consent through electronic means, and that they have placed their order accordingly and accepted the provisions of this Agreement. Both the above-mentioned preliminary information and this Agreement shall also be sent to the email address provided by the BUYER to the SELLER, and the order confirmation with asummary of the order shall also be included in said email.
