Terms of service

PALMHOUSE DISTANCE SALES CONTRACT


This “Palmhouse Distance Sales Contract” (“Contract”) was concluded between Sesa Ev Tekstil ve Dekorasyon Ürün Sanayi ve Ticaret Limited Şirketi and BUYER, details of which are written below, based on the requirement to make a contract for sales to be made through the Internet pursuant to the Law on the Protection of the Consumer No. 6502 and the Distance Contracts Regulation which was published in the Official Gazette No. 29188 dated November 27, 2014.

SELLER and BUYER shall hereinafter be referred to individually as “Party” and collectively as “Parties”. 


PARTIESDETAILS OF SELLER

Trade Name : Sesa Ev Tekstil ve Dekorasyon Ürün Sanayi ve Ticaret Limited Şirketi 

Address : Etiler Mah. Tepecik yolu sokak no:78A Beşiktaş/Istanbul

Phone : +905363787111

Email : info@palmhouseliving.com


DETAILS OF BUYER

Trade Name/Name and Surname   : [ ∙ ]

Republic of Turkey ID No. : [ ∙ ]

Address : [ ∙ ]

Phone : [ ∙ ]

Email : [ ∙ ]

(Legal notice address pursuant to this Agreement)


BUYER is the real or legal person who purchases products from SELLER’s website, palmhouseliving.com, under the provisions of this Contract, and who acts for noncommercial or non-occupational purposes. BUYER’s details are taken on the basis of the name, surname, address and contact details they use on the website while purchasing products.


DEFINITIONS

In the application and interpretation of this Contract, the following written terms shall refer to the explanations written next to them.

MINISTRY: Refers to the Ministry of Customs and Trade;

LAW: Refers to the Law on the Protection of the Consumer No. 6502;

REGULATION: Refers to the Distance Contracts Regulation;

SERVICE: Refers to the subject of any consumer operations other than the supply of products, which are carried out or undertaken to be carried out for a consideration or benefit;

SELLER: Refers to Sesa Ev Tekstil ve Dekorasyon Ürün Sanayi ve Ticaret Limited Şirketi, which supplies products or acts on behalf of a supplier of products within the scope of its commercial or occupational activities;

BUYER: Refers to the real or legal person who acquires, uses or benefits from a product or service for noncommercial or non-occupational purposes;

WEBSITE: Refers to SELLER’s website, palmhouseliving.com;


SUBJECT AND SCOPE OF THE CONTRACT

The subject of this Contract is the determination of mutual rights and obligations of the parties pursuant to the provisions of the Law and the Regulation, regarding the sale and delivery of the product ordered by BUYER in electronic environment from SELLER’s Website with the domain name palmhouseliving.com by examining the price, properties, etc. thereof, the features and sales price of which are specified below.


PRODUCTS SUBJECT TO THE CONTRACT, PAYMENT AND DELIVERYThe type, sort, quantity and sales price inclusive of taxes of the products subject to the Contract are as specified on SELLER’s website, and as shown below.

Product Description

Quantity

Unit Price

Total
(Inclusive of VAT)

[●]

[●]

[●]

[●]

TOTAL :

[●]


Payment Method and Plan : [●]

Delivery Address : [●]

Recipient : [●]

Invoice Address : [●]

Order Date : [●]

Delivery Period/Day : [●]

Mode of Delivery : [By Courier Company or SELLER]


  1. Prices listed and announced on the website are the sales prices. The announced prices and promises are valid until they are updated or changed on the website. Prices stated to be periodical are valid until the end of the specified time period.
  2. Payments are made by means of payment such as credit card (Visa, Mastercard, etc.), bank card and/or Transfer/EFT, and SELLER shall not see or record any information reported by BUYER regarding the means of payment. This information shall be protected by being encrypted by the bank and/or the payment agent with which BUYER works.
  3. If the credit card, bank card and/or İyzico account reported by BUYER does not belong to them and/or if they are not the authorized holder of the account, all legal and penal responsibility regarding payment shall rest with BUYER. If SELLER incurs any material and/or non-material damages in any way due to this circumstance, BUYER accepts, declares and undertakes in advance that they shall compensate any material or non-material damages incurred by SELLER.
  4. If SELLER organizes any campaign for the product, the product may be sold to BUYER at the campaign price, as long as it meets the conditions of the campaign. The aforementioned price is valid until the end date of the campaign. 
  5. Delivery shall be made by SELLER via courier to BUYER’s notified address. Even in the case that BUYER is not present at the address at the time of delivery, SELLER shall be deemed to have performed its obligation fully and completely. For this reason, any damage arising from the fact that BUYER takes delivery of the product late, and expenses emerged due to the fact that the product was delayed at the courier company and/or the cargo is returned to SELLER, shall be borne by BUYER. 


GENERAL PROVISIONS

    1. BUYER accepts, declares and undertakes that they have read the information on SELLER’s website and have been made aware of the preliminary information in respect of the main features, sales price, final sale items, mode of payment and delivery of the product subject to the Contract, and have provided the necessary confirmation in electronic environment. BUYER declares and undertakes that personal and other information they provided when subscribing to the SELLER’s website is accurate and that they shall compensate SELLER in cash, at once and immediately upon SELLER’s first notice, for any damages it may suffer as a result of the inaccuracy of such information.
    2. SELLER aims to deliver the product, or products subject to the Contract, on the nearest day of delivery determined for the area where BUYER’s residence address is located; however, they shall be delivered to BUYER, or to the person/institution at the address indicated by them, provided that the legal period of 30 days is not exceeded in any case. This period may be extended for a maximum of 10 days by informing BUYER in advance. BUYER reserves the right to terminate the Contract due to the fact that the products have not been delivered within the legal period.
    3. If the product subject to the Contract is delivered to a person/institution other than BUYER, SELLER cannot be held responsible for such person’s/institution’s refusal to accept the delivery.
    4. SELLER accepts, declares and undertakes to deliver the product subject to the Contract in its entirety and in compliance with the features specified in the order, without any defects, in accordance with standards pursuant to the relevant law and regulation, to carry this out in line with the principle of honesty, and to exercise due care in this regard.
    5. SELLER is responsible only for sending the product by courier in line with the specified features; responsibility for delivery of the product shall rest with the courier service. After SELLER hands the product over to the courier service, rights such as refund of the product price and/or its replacement due to a defect not attributable to SELLER, cannot be claimed from SELLER.
    6. Having confirmed the Contract in electronic environment, BUYER may take delivery of the product sold in electronic environment, provided that confirmation has been made and that they have paid the price thereof via their preferred mode of payment. BUYER accepts, declares and undertakes that they will confirm this Contract in electronic environment for delivery of the product subject to the Contract, and in case the price of the product subject to the Contract is not paid and/or collected and/or canceled in the bank records for any reason, SELLER's obligation to deliver the product subject to the Contract shall cease.
    7. If, after delivery of the product, the relevant bank or financial institution fails to pay the product price to SELLER due to the fact that the BUYER’s credit card has been unjustly or unlawfully used by unauthorized persons without any fault of SELLER, SELLER has the right to take legal action for the collection of the product price. In case the aforementioned price is not paid to SELLER, BUYER is obliged to return the product delivered to them within 3 days. In this case, transportation costs shall be borne by BUYER.
    8. SELLER accepts, declares and undertakes that, in case it cannot deliver the product subject to the Contract in due time due to force majeure, such as adverse weather conditions, the interruption of transport, or measures arising from the Covid-19 virus, which was declared as a “Pandemic” by the World Health Organization, which occur outside the control of the parties, which cannot be foreseen, and which prevent or delay the parties from performing their obligations, it shall inform BUYER of this fact. BUYER has the right to request that SELLER cancel the order, replace the product subject to the Contract with an equivalent product, if the order has not yet been shipped. In case the order is canceled by BUYER, regarding payments made by BUYER in cash, the product price shall be refunded to them within 14 days, in cash and at once. For payments made by BUYER via credit card, the product price shall be refunded to the relevant bank within 14 days of the cancellation of the order by BUYER. BUYER hereby agrees, represents and undertakes that the process for the bank to credit the BUYER’s account with the amount refunded to the credit card by SELLER may take 2 or 3 weeks in average, and that BUYER shall not hold SELLER liable for any possible delays as the process of crediting the BUYER’s accounts with this amount after it is refunded to the bank depends entirely on the bank’s procedures.
    9. BUYER shall inspect the product subject to the Contract before taking delivery of it, and they shall not take delivery of damaged or defective products which are crushed, broken, or the packaging of which has been damaged, etc. If the delivered product has any defect, this defect should be recorded with a written report to be issued by the employee of the courier service who delivered the product, and SELLER should be immediately informed of this in writing. In this case, BUYER may exercise the right of choice granted to them by Article 11 of the Law. Products not recorded by a written report to have defects shall be deemed to have been delivered without any damage and in good condition, and all responsibility in this regard shall pass to BUYER. 
    10. The subscriber who breaches one or more articles listed herein is individually responsible for this breach, criminally and legally, and will hold SELLER harmless from any legal or penal consequences of such breach. In addition, in case the incident is litigated due to this breach, SELLER reserves its right against the subscriber to claim compensation for any non-compliance with the subscription contract.
    11. A product that you want to be replaced should be unused, and it should not have lost its authenticity. Details of the product that you want to be replaced, and which you want to receive in return, can be sent to SELLER by email. For customized products, BUYER accepts that additional fees may arise during the re-manufacturing of the product if they provide incorrect sizes while purchasing, and that such fees must be paid. Replacement and returns are not accepted for those products to which color, size and other changes have been made at the request of BUYER.
    12. If BUYER wants to return the product, they should submit their request for return by email, obtain approval for return, and send the product to SELLER in its entirety, together with associated gifts, if any, along with any standard accessories and all original packaging. BUYER may carry out a replacement/return transaction within 14 days of the date on which the product is received, together with the invoice of the product, by sending it with a counter-payment with the company shown on the address page. Return is not accepted for those products which have lost their authenticity due to having been used, its packaging having been opened, or similar reasons, or which have been sent without an invoice, or to which color, size or other changes have been made at the request of the BUYER. Products must be returned in the same condition in which they were delivered. In case any damage to the product is found, or in case it is found that the product has been replaced, no money shall be refunded. After having checked the product's compliance with the conditions for return, a refunding transaction shall be made to BUYER’s credit card, and SELLER is not responsible for any delays arising from the bank’s procedures. The courier fee is not refunded in return transactions. All made to order and final sale items are not eligible for return or exchange.


RIGHT OF RESCISSION

    1. If the distance contract is in respect of the sale of products, BUYER may reject the product and exercise their right of rescission without assuming any legal or penal responsibility and without providing any reason, provided that they report this to SELLER within 14 (fourteen) days of the date on which the product is delivered to them, or to the person/institution at the address indicated by them. For the right of rescission to be exercised, SELLER is required to be notified in writing within 14 (fourteen) days by registered mail with return receipt requested, fax or email, and the product must not have been used under the provisions of “Products on Which the Right of Rescission Cannot Be Exercised” as set out in this Contract. Any costs arising from the exercise of the right of rescission shall be borne by SELLER. By accepting this Contract, BUYER accepts in advance that they have been informed of the right of rescission. 
    2. In order for the right of rescission to be exercised: they should submit their request for return by email, obtain approval for return, and send the product in its entirety, together with gifts, if any, and all standard accessories, as well as the original packaging and invoice, and with counter-payment, with the company shown on the website. If the invoice for the product delivered to BUYER or to a third party is a corporate invoice, the product should be sent when returning it, together with the return invoice made out by the institution. Returns of orders, the invoices for which are made out on behalf of institutions, will not be carried out unless a return invoice is made out. 


PRODUCTS FOR WHICH THE RIGHT OF RESCISSION CANNOT BE EXERCISED

    1. BUYER cannot exercise the right of rescission for products manufactured according to BUYER’s special request, or customized by making changes or additions thereon, or products which cannot be returned due to their nature, or which can rapidly deteriorate or expire, and for disposable products and duplicable software and programs. 
    2. The return of products such as Cosmetics Products - Underwear Products - Personal Care Products - software and programs - DVDs, VCDs, CDs and cassettes - computer and stationery consumables (toners, cartridges, bands, etc.) is conditional upon the packaging of the product not having been opened or impaired and upon the product not having been used or tried out.
    3. BUYER cannot exercise the right of rescission on final sale items.



EVENTS OF DEFAULT

Pursuant to Article 5.9 of this Contract, in cases where it becomes impossible to deliver the product or service subject to the order, SELLER undertakes, if it cannot perform its obligations, to inform BUYER of this circumstance before the expiry of the performance obligation arising from the Contract.    In this case, SELLER has the right to immediately terminate the Contract, and undertakes to refund the price paid by BUYER for the product they ordered within 10 (ten) business days at the latest. Upon refunding by SELLER of the product price to the bank which is the owner of the credit card or bank card by which payment was made, or to the company that is used as payment agent, the refunding obligation shall have been performed, and the bank or the intermediary firm is responsible for any delays in crediting of the BUYER’s account with the price refunded. 


  1. MISCELLANEOUS
    1. If any article of this Contract becomes invalid, then the remaining articles of this Contract shall not be affected by this invalidity.
    2. BUYER agrees, declares and undertakes that in the case of any dispute that may arise from this Contract, the official books and commercial records and electronic information and computer records kept in the database and servers of the SELLER shall be deemed to be binding, final and exclusive evidence, and that this clause shall be deemed an evidential contract in terms of Article 193 of the Code of Civil Procedure.
    3. Consumer Arbitration Committees and Istanbul (Çağlayan) Consumer Courts and Execution Offices shall have jurisdiction over any disputes that may arise from this Contract, up to the value declared by the Ministry of Science, Industry and Technology (formerly known as the Ministry of Industry and Trade). 
    4. BUYER shall be deemed to have accepted all the terms and conditions laid out in this contract when they make payment for orders they placed through the website.