Terms Of Use

DISTANCE SALES AGREEMENT

ARTICLE 1 – SUBJECT OF THE AGREEMENT

The subject of this Distance Sales Agreement is to determine the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the product ordered electronically by the BUYER through the website owned by the SELLER, the specifications and sales price of which are stated below. The BUYER accepts that they have reviewed the explanations on the above-mentioned website and have been informed about the matters below before this Agreement is established by the BUYER’s acceptance through https://avenue8official.com/ and before placing the order and undertaking the payment obligation.

 

ARTICLE 2 – PARTIES

SELLER PARTY INFORMATION
Title: BKM ULUSLARARASI TEKSTIL SANAYI VE TICARET A.Ş.
Address: Halaskargazi Mah. Şafak Sok. No:45/2  Şişli / Istanbul
Phone:
Email: avenue8official@gmail.com
Email address for withdrawal notifications: avenue8official@gmail.com
Product return address: Halaskargazi Mah. Şafak Sok. No:45/2  Şişli / Istanbul

 

TAX OFFICE: Mecidiyeköy Tax Office

BUYER PARTY INFORMATION
Name and Surname:
Address:
Phone:
Email:

 

ARTICLE 3 – FEATURES OF THE PRODUCT SUBJECT TO SALE AND PAYMENT

3.1. The BUYER declares that they have read and become informed about the basic characteristics of the product sold, the sales price including taxes, the payment method, and the preliminary information regarding delivery, and that they have provided the necessary confirmation in writing. Before accepting this agreement, the BUYER declares that they have obtained from the SELLER all information required to be provided by the SELLER pursuant to the Regulation on Distance Contracts.
3.2. The characteristics and quantity of the product purchased by the BUYER are as stated in the information available on https://avenue8official.com/ and on the invoice. Upon completion of the sale, the order summary and the provisions of the agreement are sent to the BUYER’s email address. If any additional costs related to shipping and delivery arise, this matter will also be notified to the BUYER by email.
3.3. In the event of an error in the price of the product subject to sale due to system errors that may occur on https://avenue8official.com/, the SELLER shall immediately inform the BUYER regarding this error, and according to the BUYER’s preference, the transaction shall either be cancelled or the sale shall continue based on the actual price of the product.
3.4. The product price and payment currency may vary depending on the BUYER’s place of residence. Payments for products purchased by BUYERS residing in Turkey shall be made in Turkish Lira, while payments for products purchased by BUYERS residing outside Turkey shall be made in US Dollars. If the BUYER purchases a product by using a VPN to show their place of residence differently than it actually is, the SELLER reserves the right to cancel the relevant sale.
3.5. Credit card payment may be made as a single payment or, depending on periodic agreements with banks, may be divided into installments. The installment process and any possible maturity difference are at the discretion of the Bank.
3.6. For the delivery of the product subject to the Agreement, the product price must be paid through the payment method preferred by the BUYER. In order to make a payment by credit card, the BUYER must fill in the credit card information completely and accurately in the payment section. If the product price is not paid or is cancelled by the bank, the SELLER may unilaterally terminate the agreement and shall be released from the obligation to deliver the product.

ARTICLE 4 – DELIVERY OF THE PRODUCT

4.1. The PRODUCT shall be delivered, together with its invoice, packaged and in sound condition, to the delivery address specified by the BUYER on the WEBSITE or to the person/organization at the address indicated, within 30 days at the latest after the establishment of the agreement. This period may be extended in cases such as war, natural disaster, uprising, strike, lockout, flood, fire, earthquake, or similar events that occur without any fault of the SELLER and cannot be prevented with reasonable measures.

4.2. If delivery of the PRODUCT becomes impossible, the SELLER shall notify the BUYER in writing or via a permanent data storage medium within three days from the date it becomes aware of this situation and shall refund all payments collected, including delivery costs if any, in accordance with the above procedures, within fourteen days at the latest from the notification date.

4.4. Pursuant to Article 16 of the Regulation on Distance Contracts, if the PRODUCT cannot be delivered to the BUYER within 30 days, the BUYER may unilaterally terminate this Distance Sales Agreement.

4.5. If the Agreement is terminated by the BUYER due to delay in delivery, the SELLER shall refund all payments collected, including delivery costs, together with the statutory interest determined pursuant to Article 1 of Law No. 3095 on Legal Interest and Default Interest dated 04/12/1984, within fourteen days from the date the termination notice reaches the SELLER.

4.6. Even if the BUYER is not present at the address at the time of delivery, the SELLER shall be deemed to have fulfilled its obligation fully and completely. Therefore, the SELLER shall not be responsible for damages and expenses arising from the BUYER receiving the product late and/or not receiving it at all. The SELLER is responsible for delivering the product subject to the Agreement in a sound and complete condition, in accordance with the qualities specified in the order, and, if required under Articles 55 and 56 of the Law on the Protection of Consumers and the Warranty Certificate Regulation, together with warranty certificates and user manuals pursuant to the Introduction and User Manual Regulation.

4.7. If the PRODUCT is to be delivered to a person/organization other than the BUYER, the SELLER shall not be held responsible if the person/organization to whom the delivery is to be made does not accept the delivery.

4.8. The BUYER is responsible for checking the PRODUCT at the time of delivery and, if they notice any issue with the PRODUCT arising from cargo/shipping, for refusing to accept the PRODUCT and having the cargo company officer prepare a report. Otherwise, the SELLER shall not accept responsibility.

 

ARTICLE 5 – RIGHTS AND OBLIGATIONS OF THE BUYER AND THE SELLER

5.1. The SELLER is responsible for delivering the product subject to the Agreement in sound and complete condition, in accordance with the qualities specified in the order, and, if applicable, together with warranty certificates and user manuals .
5.2. The BUYER is responsible for checking the product subject to the Agreement at the time of delivery and, if they notice any issue related to the product or arising from cargo/shipping, for refusing the product and having a report prepared with the cargo company officer. If no determination or notification is made regarding the condition of the product, the delivered product shall be deemed to be undamaged and sound.
5.3. In cases where the SELLER is unable to fulfill the performance of the goods or services subject to the Order, the SELLER is obliged to notify the consumer in writing or via a permanent data storage medium within three days from the date it becomes aware of this situation and to refund all payments collected, including delivery costs if any, within fourteen days at the latest from the notification date. The fact that the goods are not in stock shall not be considered impossibility of performance of the goods.

ARTICLE 6 – EXERCISE OF THE RIGHT OF WITHDRAWAL AND OBLIGATIONS OF THE PARTIES

The BUYER has the right to withdraw from the agreement within 14 (fourteen) days without giving any reason and without paying any penalty. Provided that the product is not among the products for which the right of withdrawal cannot be exercised as stated in Article 7, the BUYER may exercise the right of withdrawal by making an explicit notification regarding withdrawal to the SELLER within the 14 (fourteen) day period via the email address or phone number specified in Article 2. Unless the Seller offers to collect the product itself, the BUYER must send the product back to the seller or provider, or to the person authorized by them, within 10 (ten) days from the date on which the BUYER sends the notification exercising the right of withdrawal, together with the original invoice and the completed return form located on the back of the invoice. In addition, the product/products to be returned within the 10 (ten) day period by exercising the right of withdrawal must be unused, unworn, unwashed, and in a condition suitable for resale by the SELLER, together with their box, packaging, and standard accessories, if any. In this case, the delivery cost of the product shall be covered by the SELLER. Returns of orders invoiced to institutions cannot be completed unless a RETURN INVOICE is issued.
In case of withdrawal, the price of the returned product shall be refunded within 14 (fourteen) days from the receipt of the product, using the same payment method initially used by the BUYER for the order. For refunds made to credit cards, the refund period may vary depending on the bank.
The product to be returned must not be in a condition that prevents resale and/or must not be damaged as a result of being used outdoors, worn, or washed, even for a very short period, except for trying it on.
If the returned product does not meet the conditions specified in our return policy in case of withdrawal, the product will be sent back to your shipping address without any additional charge.

ARTICLE 7 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

If the BUYER is a consumer, even if unused, returns are not possible under the Regulation on Distance Contracts for products prepared in line with the BUYER’s requests or personal needs and unsuitable for return, underwear and all derivatives thereof, disposable products, products that have undergone deformation, damaged products, goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller or provider, products whose return is not suitable for health and hygiene reasons if their packaging has been opened by the BUYER after delivery, and products that, after delivery, are mixed with other products and cannot be separated due to their nature, if the packaging of the delivered goods has been opened by the BUYER. In addition, pursuant to the Regulation on Distance Contracts, the right of withdrawal cannot be exercised for services whose performance has begun with the consumer’s approval before the expiration of the withdrawal period. In order for personal use products, underwear products, etc. to be returned, their packaging must be unopened, untried, undamaged, and unused. Likewise, in general, the right of withdrawal cannot be exercised for other goods/services considered outside the scope of distance sales under the relevant legislation or in cases where the BUYER makes a purchase for commercial/professional purposes.

ARTICLE 8 – RESOLUTION OF DISPUTES

In the implementation of this Distance Sales Agreement, Consumer Arbitration Committees and Consumer Courts located in the place where the BUYER purchased the Goods or Services and where the BUYER resides shall be authorized up to the value announced by the Ministry of Customs and Trade. In line with the lower and upper limits specified in Article 68, paragraph 1 of Law No. 6502 on the Protection of Consumers, district/provincial consumer arbitration committees shall be authorized regarding consumer claims.