Distance Sales Contract

DISTANCE SALES CONTRACT

This Contract regulates the rights and obligations of the parties regarding the sale-delivery of the products the BUYER wishes to purchase as specified below (“Product”) to the BUYER and other matters by placing an order on the “thestayline.com” website of the SELLER (“WEBSITE”). After the BUYER approves this Contract on the WEBSITE, the price and costs of the Product ordered are collected by the payment method s/he chooses.

1. PARTIES

1.1. SELLER

Name/Title: Depot Konaklama Hizmetleri A.Ş.

Tax Office: Beyoğlu

Tax ID No: 292 064 13 41

MERSIS (Central Registration System) Number: 0292064134100001

Address: Harbiye Mah. Teşvikiye Cad. No:41 Şişli / İstanbul

Telephone/Fax : 0212 9707070

E-mail: www.thestayline.com Web: ask@thestayline.com

1.2. BUYER

Name: 

Surname:

Turkish Citizenship No.:

Billing Address: 

Telephone:  

E-mail: 

The BUYER acknowledges and agrees that the e-mail address declared for the purpose of this Contract shall constitute a valid notification address, and that any notice sent by the SELLER to such e-mail address shall be deemed duly made and shall produce all legal effects of a valid notification.

1. SUBJECT OF THE CONTRACT

The subject of this Agreement is to define mutual rights and obligations of the Parties in accordance with the Law and relevant regulations concerning the Products, whose qualities and sales price are specified in the Website, the Preliminary Information Form and in the Article 5 of the Agreement and which the Buyer orders electronically through the Seller’s Website.

1. PRODUCT SUBJECT TO THE CONTRACT, PRICE, PAYMENT, DELIVERY, AND CARRIER INFORMATION

The type, quantity, brand, model, color, unit prices and sales price of the product, as well as payment/collection information and delivery information are as follows:

1. TERM OF THE CONTRACT

This Agreement will enter into force on the date the order is placed by the BUYER and expires as of that date, once the parties have duly fulfilled their obligations arising from the Contract.

1. GENERAL CONDITIONS

5.1.  The BUYER accepts, declares and undertakes that s/he has read the preliminary information about the basic characteristics, sales price, payment method delivery and carrier company of the product subject to the Contract on the website and has given the necessary confirmation in the electronic environment.

5.2. The SELLER, at its exclusive discretion, will be able to make campaigns on the website for the BUYERS at various times by determining the conditions thereof.

5.3. The SELLER reserves the right to cease, update and change the conditions of a campaign announced on the website at any time. The BUYER is required to review the campaign conditions before each purchase to be made from the Website.

5.4.  The BUYER acknowledges and agrees that this Contract is concluded electronically. The BUYER further acknowledges that, in the event that the price of the product subject to the Contract is not paid for any reason and/or the payment transaction is cancelled or reversed by the bank or any financial institution, the SELLER’s obligation to deliver the product subject to the Contract shall automatically terminate. The BUYER accepts and undertakes that the SELLER shall not be held liable for any failure or delay in payment arising from the bank and/or financial institution, including unsuccessful or reversed payment transactions.

5.5.  In the event that, following delivery of the product to the person and/or organization at the address designated by the BUYER, the product price is not paid to the SELLER by the relevant bank or financial institution due to the unauthorized or fraudulent use of the BUYER’s credit card by third parties, the BUYER shall be obliged to return the product to the SELLER within three (3) days. The costs of return shipment shall be borne by the SELLER.

5.6.  The SELLER accepts, declares and undertakes to notify the BUYER if the product subject to the contract cannot be delivered within the period due to a force majeure event such as the occurrence of circumstances that are beyond the control of the parties, unpredictable and that prevents and/or delays the fulfillment of the obligations of the parties. The BUYER also has the right to ask the SELLER for cancellation of the order, the replacement of the product subject to the contract with its precedent, if any, and/or the postponement of the delivery period until such event no longer exists. If the order is canceled by the BUYER, the amount of payments made by the credit card of the BUYER is returned to the relevant bank within 7 (seven) days after the order is canceled by the BUYER. The BUYER accepts, declares and undertakes that any delay in the crediting of the amount refunded by the SELLER to the BUYER’s credit card to the BUYER’s account by the bank is entirely related to the bank’s transaction and processing procedures, and therefore the BUYER shall not hold the SELLER liable for any such delays.

5.7.  If the BUYER and the holder of the credit card used during the order are not the same person or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the order or request the bank of the card holder to submit a letter stating that the credit card belongs to him. The order will be suspended until the BUYER provides the information/documents subject thereof, and if the aforementioned demands are not met within 24 (twenty-four) hours, the SELLER is entitled to cancel the order.

5.8.  The BUYER declares and undertakes that personal and any other kind of information provided while subscribing to the SELLER’s website and/or placing the order, is correct, and immediately reimburse the SELLER for all damages, in cash and in full, upon the first notification of the SELLER.

5.9.  The BUYER accepts and undertakes in advance to comply with the applicable regulations and not to violate them when using the website of the SELLER. Otherwise, all legal and penal obligations that may arise will be binding upon the BUYER completely and exclusively.

5.10. The BUYER may not use the SELLER’s website in any way that disrupts public order, violates public morality, disturbs and harasses others, for any unlawful purpose, and infringes on the material and moral rights of others. Besides, the member cannot engage in any activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.

5.11.  SELLER may give links to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties over the website of the SELLER. These links are provided for the purpose of facilitating the orientation of the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.

1. ORDER

The BUYER must follow the order process on thestayline.com website to give an order and confirm the payment. After the BUYER completes this process, an e-mail confirming the receipt of the order will be sent to the e-mail address notified by the BUYER. Delivery will be made only on the condition that this Agreement has been approved and the payment has been made.

1. REJECTION OF AN ORDER 

7.1. SELLER always reserves its right to withdraw and/or remove any product from website. The SELLER shall not be liable to the BUYER or any third party for withdrawing, removing or correcting any product from the website or for refusing to fulfill or approve the order after receiving it.

7.2.  Regarding cancellations, if the product price is collected, it is returned to the BUYER. The refund process is carried out by returning the product price the BUYER paid to the BUYER’s credit card. The amount is returned to the relevant bank after the order is canceled by the BUYER and when this amount is returned to the bank, crediting such amount in the BUYER’s accounts is entirely related to the Bank’s transaction process.

1. DELIVERY 

8.1. The product subject to the contract shall be delivered by the courier company contracted by the SELLER, to the BUYER or the person/organization at the address specified by the BUYER as specified in Article 3 of this Contract. Delivery shall be made through SELLER’s contracted courier companies. If the courier company does not have a branch at BUYER’s location, the BUYER shall be required to collect the product from another branch of that courier company as notified by the courier company.

8.2. The SELLER shall deliver the orders by the estimated delivery date specified in the order, or, in the absence of an estimated delivery date, within a maximum period of thirty (30) days from the order date. The SELLER shall not be held liable for delays arising from circumstances beyond the SELLER’s control.

8.3.  The BUYER agrees that delivery made to any person present at the address specified by the BUYER at the time of delivery shall be deemed to have been duly made to the BUYER.  Even if the BUYER is not found at the address at the time of delivery, the SELLER will be deemed to have fulfilled its obligation fully and completely. In the event that there is no one to take delivery at the address, it will be the BUYER’s responsibility to follow up the shipment of the products by contacting the courier company. If the product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered is not present at the address or not accepting the delivery. In these cases, all damages arising from the late delivery of the product to the BUYER and the expenses incurred as the product is kept by the courier company and/or the return of the product to the SELLER shall be incurred by the BUYER.

8.4. Unless otherwise stated, the delivery costs (such as shipping fees) belong to the BUYER. In cases where the right of withdrawal is exercised within the scope of the relevant provisions of the Distance Sales Regulation, the return costs shall be borne by the SELLER.

8.5. The BUYER shall be obliged to inspect the product upon delivery and, in the event that the product is found to be damaged due to shipment, to refuse acceptance of the product and have a report prepared by the authorized personnel of the courier company. Otherwise, the SELLER shall not be held liable.

Following delivery, the BUYER shall be responsible for exercising due care in the protection and preservation of the product. In cases where the right of withdrawal is exercised, the product must not be used.

1. PAYMENT

9.1. Unless otherwise expressly agreed in writing by the SELLER, the BUYER shall have fully paid the product price prior to taking delivery of the product. In cash sales, if the product price is not fully paid to the SELLER prior to delivery, and in installment sales, if any installment due is not duly paid, the SELLER shall be entitled to unilaterally cancel the Contract and may refrain from delivering the product.

9.2. In the event that, for any reason, following delivery of the product, the bank or financial institution issuing the credit card used in the transaction does not pay the product price to the SELLER, the product shall be returned by the BUYER to the SELLER within three (3) days at the BUYER’s own expense. All other contractual and statutory rights of the SELLER, including the right to pursue the collection of the product price without accepting the return, are expressly reserved in any case. The SELLER shall not have any liability in respect of any payments made to the SELLER by the bank and/or financial institution for which an unsuccessful transaction code is sent by the bank and/or financial institution for any reason.

1. RIGHT OF WITHDRAWAL AND EXCEPTIONS

10.1. In distance contracts relating to the sale of products, the BUYER may exercise the right of withdrawal within fourteen (14) days from the date on which the product is delivered to the BUYER or to the person/organization designated at the address specified by the BUYER, without assuming any legal or penal liability and without giving any reason, by rejecting the product and withdrawing from the Contract. Information regarding cases in which the BUYER may not benefit from the right of withdrawal or the conditions under which the right of withdrawal may be lost shall be presented to the BUYER in the form of an order summary.

10.2.  The BUYER agrees in advance that s/he has been informed by the SELLER with Distance Sales Contract Preliminary Information Form before accepting distance contract or any corresponding offer. In the event that the right of withdrawal is exercised, the carrier designated by the SELLER for the return shall be the carrier whose details are provided in Article 3 of this Contract, and the return costs for returns made through such carrier shall be borne by the SELLER. If no carrier is specified for returns in the preliminary information, no return costs may be charged to the consumer. In the event that the carrier specified in the preliminary information does not have a branch at the BUYER’s location, the SELLER shall be obliged to arrange for the collection of the goods to be returned from the BUYER without requesting any additional costs.

10.3.  In cases where the exercise of the right of withdrawal is possible, the BUYER accepts, declares and undertakes that the BUYER is obliged to preserve the product in accordance with its characteristics and conditions of use during the withdrawal period, and that the BUYER shall be responsible for any deterioration or defect occurring in the product due to conduct contrary to this obligation. In the event of any breach of this Article and/or in cases where the product is used, its label is removed, or any damage occurs to the product without limitation, or where the product loses its resalable condition, the BUYER shall be responsible for the resulting loss of value.

10.4.  The BUYER can exercise the right of withdrawal, by submitting his/her request to the SELLER through the “Return and Replacement” section of the website within 14 (fourteen) days. Following the BUYER’s submission of this request, a notification will be sent to the BUYER via e-mail. However, there is no right of withdrawal in the following cases;

a) Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the seller or the supplier.

b) Contracts for goods prepared in line with the requests or personal needs of the consumer.

c) Contracts for the delivery of the goods that is perishable or use by date may expire.

ç) The contracts for the delivery of the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is unsuitable in terms of health and hygiene.

d)  Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.

e) Contracts for books, digital content and computer consumables offered as tangible material if protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.

f)  Contracts for the delivery of periodicals such as newspapers and magazines, excluding those provided under a subscription contract.

g) Contracts for accommodation, transportation of goods, car rental, food and beverage supply and the use of leisure time for entertainment or rest, which must be made for a certain date or period.

ğ) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.

h) Contracts regarding the services started to be performed with the approval of the consumer, before the expiry of the right of withdrawal.

i) Contracts concluded by way of live auction.

10.5. If the right of withdrawal is used;

1. The invoice of the product delivered to the third person or the BUYER (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it.)

2. Return form

3. The products to be returned must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any.

4. The SELLER is obliged to return the total price to the BUYER within 14 (fourteen) days at the latest from the receipt of the withdrawal notice. The BUYER must return the product in question within 14 (fourteen) days following the exercise of the right of withdrawal.

5. If there is a decrease in the value of the goods due to the BUYER’s negligence or if the return of the product becomes impossible, the BUYER is obliged to compensate the SELLER’s losses at the ratio of the BUYER’s negligence.

6. If the product price falls below the campaign limit amount set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.

1. SETTLEMENT OF DISPUTES

1. In disputes arising from the implementation of this Distance Sales Contract, within the monetary limits determined annually by the Ministry of Customs and Trade, the Consumer Arbitration Committees located in the place where the BUYER purchased the service or where the BUYER resides shall have jurisdiction. For disputes exceeding such monetary limits, the Consumer Courts shall have jurisdiction, provided that mediation is applied for prior to filing a lawsuit in accordance with Article 73/A of the Law No. 6502 on the Protection of Consumers. ENTRY INTO FORCE

Upon acceptance and approval of this Agreement and payment for the order given on the website, the BUYER shall be deemed to have agreed all the terms of this Agreement and this Agreement will enter into force.

The BUYER accepts, declares and undertakes that s/he is informed by the SELLER accurately and completely in accordance with the Law No. 6502 about the name, title, address, telephone and other access information of the SELLER, the basic characteristics of the service subject to the contract, the sales price including taxes, the payment method, all preliminary information about the service subject to the sale and the use of the right of “withdrawal” and the method of using this right, official authorities to which complaints and objections can be submitted, and all rights and obligations under the contract, that they are informed by the SELLER in accordance with the internet regulations and the Law No. 6502, that s/he confirms this preliminary information electronically and s/he has ordered the service afterwards and agrees on the terms and conditions of this Contract.

Preliminary Information Form and the invoice issued for the order given by the BUYER on thestayline.com are the integral parts of this Contract hereby.