DISTANCE SALES AGREEMENT
ARTICLE 1 – PARTIES
This agreement is made between the SELLER (BAHAR KONFEKSIYON SANAYI VE TICARET LIMITED SIRKETI), who sells goods or services through the e-commerce site [www.aversiaonline.com](http://www.aversiaonline.com), and the BUYER ([Name Surname/Title]), who purchases the products or services offered by the SELLER online. Detailed contact and identification information of the parties (Address, Phone, E-Mail, Tax Office/Number, etc.) are available on the SELLER's website/platform and in the information provided by the BUYER when placing the order.
ARTICLE 2 – SUBJECT AND SCOPE
The essence of this agreement is the sale and delivery of the goods or services ordered electronically by the BUYER from the SELLER's electronic commerce environment, and the determination of the mutual rights and obligations of the parties regarding this transaction. The agreement is prepared in accordance with all relevant legal regulations, primarily the Law on the Protection of the Consumer No. 6502 and the Regulation on Distance Contracts.
ARTICLE 3 – PRODUCT/SERVICE INFORMATION SUBJECT TO THE AGREEMENT
The basic features of the product or service ordered by the BUYER (type, quantity, brand/model, etc.), the sales price including taxes, delivery and payment methods are clearly stated in the preliminary information form and order summary provided to the BUYER during the order process. This information and order confirmation are an integral part of this agreement. Additional costs (shipping, packaging, etc., if any) are included in the order total and shown to the BUYER.
ARTICLE 4 – PRICE AND PAYMENT TERMS
The final price of the product or service subject to the agreement (including all taxes) is as stated in the preliminary information form and order summary presented to the BUYER at the time of order. Payment is made using the method chosen by the BUYER when placing the order (credit card, bank transfer, electronic funds transfer, SWIFT, etc.). All responsibility related to the chosen payment method belongs to the BUYER.
ARTICLE 5 – DELIVERY AND PERFORMANCE CONDITIONS
The product subject to the agreement is delivered to the address specified by the BUYER in the order form. The delivery time will be within 8 days following the approval of the order by the SELLER and the completion of the payment, without exceeding the legal periods. The shipping/delivery method and fee are notified to the BUYER during the order process. In case of impossibility or delay in delivery, the BUYER is informed. The SELLER cannot be held responsible for delays caused by the shipping company.
ARTICLE 6 – RIGHT OF WITHDRAWAL
The BUYER can return the product and exercise the right of withdrawal within 14 days if there is a production-related defect in the delivered product. Apart from this, there is no right of withdrawal, and returns are not accepted. The shipping costs arising from the use of this right belong to the BUYER.
ARTICLE 7– GENERAL PROVISIONS
By placing an order, the BUYER is deemed to have accepted the provisions of this agreement. In matters not specified in the agreement, the relevant legal provisions (Law No. 6502, Regulation on Distance Contracts, Turkish Code of Obligations, Turkish Commercial Code, etc.) apply. Communication between the parties can be provided via e-mail, phone, or the website/platform.
ARTICLE 8– FORCE MAJEURE
Situations that did not exist or were not foreseeable at the time of signing the agreement, that develop outside the control of the SELLER, and that prevent the SELLER from partially or completely fulfilling its obligations and responsibilities under the agreement or from fulfilling them on time (natural disasters, war, terrorism, rebellion, legislative provisions, seizure or strike, lockout, malfunctions in production and communication facilities, etc.) are considered force majeure. If the force majeure situation exceeds seven (7) days, the SELLER may unilaterally terminate the agreement.
ARTICLE 9 – DISPUTE RESOLUTION
In disputes arising from this agreement, it is accepted that Turkish Law will be applied, and the competent courts and enforcement offices are the units of the Istanbul Courthouse of the Republic of Turkey. While the Commercial Courts of First Instance are authorized as the court, disputes submitted to the Consumer Arbitration Committee will be invalid as absolute nullity, and even if a decision is made, the decisions will not have enforceable provisions for the parties.
ARTICLE 10 – ENFORCEMENT
This agreement, consisting of 10 articles, enters into force on the date it is electronically approved by the BUYER.
INFORMATION TEXT ON THE PROTECTION OF PERSONAL DATA
1 - Introduction
As Bahar Konfeksiyon Sanayi ve Ticaret Limited Şirketi (“the Company”), the privacy and security of your personal data are among our top priorities. Our Company processes your personal data in compliance with the regulations of the Personal Data Protection Law No. 6698 (“KVKK”) and related secondary legislation. Your personal data refers to any information that directly or indirectly identifies you.
We would like to inform you about the processing of your personal data if you become a “Site Member” by accepting the Membership Agreement in order to benefit from the services (“Site Services”) offered on our mobile applications and/or websites (collectively, the “Site”).
2 - Which personal data do we process?
If you become a Site Member, the following personal data of yours is processed:
User Account Information: your name, surname, title, customer number, membership email address and phone number, gender, Turkish ID Number, Passport Number, Tax Identification Number,
Customer Transaction Information: your order and invoice details, transaction history related to your purchases, request and complaint information, site usage information, return information.
Delivery Information: phone number and delivery address information you provide for the delivery of your order, delivery transaction information,
Payment Information: information regarding your payments and payment methods, your registered card information,
Transaction Security Information: your device information, IP address information, password and passcode information, cookie information, platform access records, login method,
Audio Recording Information: if you communicate with the call center, your voice recording.
3 - What are the legal reasons, purposes, and collection methods for processing your personal data?
Your personal data are collected by our Company fully or partially automatically, or non-automatically provided that it is part of any data recording system, via our mobile applications or websites providing the Site Service you use within the scope of our membership agreement; via electronic means through the channel you use when you contact us via live support, call center or email; and in case they are delivered to us via hard copy forms, notifications, mail, or by legal authorities, then in physical environment. The purposes and legal grounds for processing your personal data are stated below.
Throughout All Processes and Usage:
Personal data processed in this category: User account information, customer transaction information, transaction security information.
Purposes:
- Execution of processes regarding the establishment and performance of the membership agreement,
- Management of the creation and closure of the site member profile/account,
- Verification of contact information,
- Carrying out purchase transactions through the site,
- Conducting and auditing the Company's business activities,
- Ensuring the security of site operations,
- Fulfilling obligations arising from the Law No. 6563 on the Regulation of Electronic Commerce, the Turkish Commercial Code No. 6102, the Turkish Penal Code No. 5237, and the Law No. 6502 on the Protection of Consumers, primarily, and all other legislation applicable to our Company,
- Conducting site activities in accordance with the legislation,
- Conducting delivery and logistics activities,
- Execution of payment and invoicing processes,
- Fulfillment of obligations stated in the Distance Contracts Regulation and the Regulation on Service Providers and Intermediary Service Providers in Electronic Commerce and/or decisions, guidelines, and guides published by the relevant authorities to which our Company is subject,
- Carrying out purchasing processes of product/service groups included on the Site.
Fulfilling our obligations regarding data sharing and retention arising from legislation.
Carrying out purchasing processes of product/service groups included on the platform.
Legal Reasons: It is necessary for the Company to fulfill its legal obligations, and it is necessary for the performance of our membership agreement with you.
4 - To whom and for what reasons does the Company transfer your personal data?
Our Company pays attention to process your personal data in accordance with the “need to know” and “need to use” principles, by ensuring necessary data minimization, and by taking the required technical and administrative security measures.
In Turkey, your personal data may be shared by our Company with the recipient groups detailed below, based on the legal reasons of “explicitly stipulated in the laws, necessary for our Company to fulfill its legal obligations, necessary for the establishment or performance of a contract, necessary for the establishment, use, or protection of a right, and/or necessary for our Company’s legitimate interests” pursuant to Article 8 of the KVKK.
In the event that your personal data is transferred abroad by our Company, it may be shared with the recipient groups detailed below, based on the legal reasons of “provision of appropriate safeguards through a standard contract or, exceptionally, the presence of one of the situations regulated under Article 9/6 of the KVKK” as stipulated in Article 9 of the KVKK and the Regulation on the Procedures and Principles Regarding the Transfer of Personal Data Abroad.
5 - How does the Company protect your personal data?
The personal data you share with our Company are under our supervision and control. As the data controller, our Company is responsible for establishing and adapting the necessary organization and technical measures to ensure the confidentiality and integrity of the information, in accordance with the applicable legislation. Being aware of this obligation:
- Periodic penetration tests are carried out in accordance with international and national technical standards concerning data privacy.
- The personal data you submit to the Company via its website, mobile site, and mobile application are protected using SSL (Secure Sockets Layer) technology.
- Regular risk analyses are conducted regarding personal data processing activities, and actions are taken to reduce risks.
- Access and authorization controls are implemented to prevent unauthorized access to personal data.
- Data processing policies are regularly updated.
6 - Your Rights Regarding the Protection of Your Personal Data
By contacting our Company using the methods specified in the “Contact for Your Rights and Requests” section of this information text, you have the right to:
- Learn whether your personal data is being processed,
- If processed, request information about this,
- Learn the purpose of processing your personal data and whether they are used in accordance with that purpose,
- Know the third parties to whom your personal data is transferred, domestically or abroad,
- Request correction of your personal data if it is incompletely or incorrectly processed,
- Request deletion or destruction of your personal data within the framework of the conditions set forth in the KVKK,
- Request notification of the actions taken regarding correction, deletion, and destruction to third parties to whom your personal data has been transferred,
- Object to the occurrence of a result against you by analyzing the processed data exclusively through automated systems,
- In case you suffer damage due to the unlawful processing of your personal data, request compensation for your loss.
7 - Contact for Your Rights and Requests
Bahar Konfeksiyon Sanayi ve Ticaret Limited Şirketi
Submit your written application to: 19 Mayıs Mah. Aytekin Kotil Cd. No:10/C Şişli/İstanbul.
8 - About the Information Text
The Company reserves the right to update this Information Text on the Protection of Personal Data at any time in line with changes that may be made in the applicable legislation.