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. Kadırgalar Cad. No:6 Kat:3 Maçka 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, who wishes to purchase the products offered for sale by the SELLER, states that the e-mail address declared shall be considered as a valid notification address for any notification to be made by the SELLER, and that any notification to be made to the specified e-mail address will result in all legal consequences of the legally valid notification.

2. 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.

3. PRODUCT SUBJECT TO THE CONTRACT, PRICE, PAYMENT AND DELIVERY

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:

3. 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.

4. GENERAL CONDITIONS

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

4.2. 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.

4.3. 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.

4.4. The BUYER accepts, declares and accepts that s/he will confirm this contract electronically for the delivery of the product subject to the Contract, and that if the contract product price is not paid for any reason and/or is canceled by the bank or a financial institution, the SELLER’s obligation to deliver the product subject to the contract shall expire. The BUYER accepts, declares and undertakes that the SELLER has no responsibility for the payments made to the SELLER by the bank and/or financial institution, but for which unsuccessful payment notice is sent by the bank and/or financial institution for any reason.

4.5.  After the delivery of the product subject to the contract to the person and/or organization at the address indicated by the BUYER, in case the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the BUYER’s credit card by unauthorized persons, the BUYER accepts, declares and undertakes to return the product in question to the SELLER within 3 days at the expense of the SELLER.

4.6.  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 s/he cannot hold the SELLER responsible for possible delays, since the amount is returned to the credit card by the SELLER to the BUYER’s accounts by the bank is entirely related to the bank transaction process.

4.7.  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.

4.8.  The BUYER declares and undertakes that personal and 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.

4.9.  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.

4.10. 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.

4.11.  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.

5. 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.

6. REJECTION OF AN ORDER 

6.1. 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.

6.2.  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.

7. DELIVERY 

7.1. The product subject to the contract is delivered to the BUYER or the person/organization at the address specified by the courier company with which the SELLER has a contract. The SELLER ships and delivers the products it sells to the BUYERS through contracted courier companies. If the courier company does not have a branch in the location of the BUYER, the BUYER must receive the product from another branch of that courier company notified by the cargo company.

7.2. The SELLER delivers its orders until the estimated delivery date specified in the order, and the orders for which the estimated delivery date is not specified, within a maximum of 30 (thirty) days from the order date. The SELLER shall not be liable for delays due to a situation beyond its control.

7.3.  The BUYER agrees that the delivery made to the person present at the address specified by the BUYER at the time of delivery shall be deemed to have been 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.

7.4. Generally, unless otherwise stated, the delivery costs (shipping fee, etc.) belong to the BUYER.

7.5. The BUYER is responsible for checking the product as soon as it is received and if a problem is detected in the product caused by the courier company, not accepting the product and have the courier write a report. Otherwise, the SELLER will not accept responsibility. The responsibility of carefully protecting the product after delivery belongs to the BUYER. If the right of withdrawal is to be used, the product should not be used.

8. PAYMENT

8.1. The BUYER must have paid the price in full before receiving the product Unless otherwise stipulated in writing by the SELLER. If the product price is not fully paid to the SELLER before delivery in cash sales, and the installment amount due in installment sales is not paid, the SELLER may unilaterally cancel the contract and not deliver the product.

8.2.  If, for any reason, after the delivery of the product, the bank/financial institution issuing the credit card used does not pay the product price to the SELLER, the product is returned to the SELLER by the BUYER within 3 days at the latest, at the BUYER’s expense. In any case, all other contractual-legal rights of the SELLER, including the debt-follow-up for the product price without accepting the return, are reserved separately. The SELLER shall not be liable for any payments made by the bank and/or financial institution to the SELLER, for which unsuccessful transaction code is sent by the bank and/or financial institution for any reason.

9. RIGHT OF WITHDRAWAL AND EXCEPTIONS

9.1. In the distance contracts regarding the sale of a product, the BUYER can exercise his/her right of withdrawal from the contract by refusing the goods without taking any legal or criminal responsibility and without giving any reason within 14 (fourteen) days from the date of delivery of the product to him/her or to the person/organization at the address specified.

9.2.  The BUYER agrees in advance that s/he has been informed by the SELLER with this Distance Sales Contract Preliminary Information Form before accepting distance contract or any corresponding offer. The costs arising from the use of the right of withdrawal belong to the SELLER.

8.3.  The buyer agrees, declares and undertakes that s/he must keep the product according to its features and terms of use within the withdrawal period in cases where the use of the right of withdrawal is possible and that s/he is responsible for any deterioration or defect in the product. In case of violation of this article and/or the use of the product, the removal of the label, including but not limited to any damage to the product or the disintegration of the product, so the product cannot be resold, the BUYER loses its right of withdrawal.

8.4.  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;

1. 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.
2. b) Contracts for goods prepared in line with the requests or personal needs of the consumer.
3. 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.

1. d)  Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
2. 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.
3. f)  Contracts for the delivery of periodicals such as newspapers and magazines, excluding those provided under a subscription contract.
4. 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.

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

9.5. If the right of withdrawal is used;

1. The invoice of the product delivered to the 3rd 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.
7. SETTLEMENT OF DISPUTES

The BUYER may apply to the Arbitration Committee for Consumer Problems and the Consumer Courts regarding the disputes that may arise.

10. 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.comare the integral parts of this Contract hereby.