WhatsApp : +905332076268
DISTANCE SALES AGREEMENT
burcumay.com
Name: BURCU KOCABAŞ
Address: Tömük Mah. Kale Cad. Gondol 2 Sitesi B 124, Erdemli / Mersin, Turkey
Phone: +90 533 207 62 68
Email: [email protected]
For the purposes of this Agreement, the "Buyer" refers to the individual who places an order through the website https://www.burcumay.com/. The name, address, and contact information provided by the Buyer during registration or at the time of placing an order shall be taken as the basis for this Agreement.
This Distance Sales Agreement governs the rights and obligations of the parties in connection with the sale and delivery of the product(s) ordered by the Buyer electronically through the Seller's website at https://www.burcumay.com/, in accordance with the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts.
By placing an order, the Buyer acknowledges that they have been clearly and comprehensibly informed – in a manner appropriate for online transactions – about the Seller's name, title, full address, phone number, and other contact details; the essential characteristics of the product(s); the total sales price including taxes; the payment method; delivery terms and costs; and the right of withdrawal and how to exercise it, as well as the official authorities to which complaints and objections may be submitted. The Buyer confirms having reviewed and accepted this pre-contractual information electronically prior to placing the order.
The pre-contractual information published on https://www.burcumay.com/ and the invoice issued upon the Buyer's order form an integral part of this Agreement.
The type, quantity, brand/model, sales price, payment method, recipient, delivery address, billing information, and shipping fee for the product(s) purchased electronically are as specified at the time of the order. The person to be invoiced must be the same as the contracting party. All information provided must be accurate and complete.
The Buyer agrees to be solely responsible for any damages arising from inaccurate or incomplete information.
The Seller reserves the right to place an order on hold if the information provided by the Buyer appears to be inconsistent with reality. If the Seller cannot reach the Buyer via the phone, email, or postal address provided within 15 (fifteen) days, the order will be cancelled to prevent loss to either party.
The date of this Agreement is the date on which the Buyer places the order.
Circumstances that arise beyond the control of either party, that were not present or foreseeable at the time of signing, and that make it wholly or partially impossible for either or both parties to fulfil their contractual obligations – including but not limited to natural disasters, war, terrorism, civil unrest, changes in applicable legislation, seizure, strike, lockout, or significant failure of production or communication facilities – shall be deemed force majeure events.
The party experiencing a force majeure event shall notify the other party in writing immediately. Neither party shall be held liable for failure to perform their obligations during the continuance of a force majeure event. If the force majeure event persists for more than 30 (thirty) days, either party shall have the right to terminate this Agreement unilaterally.
5.1. The Seller agrees and undertakes to fulfil all obligations imposed on it by this Agreement in full, except in cases of force majeure, in accordance with the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts.
5.2. Persons under the age of 18 (eighteen) may not make purchases from https://www.burcumay.com/. The Seller will rely on the age declared by the Buyer and shall bear no liability for any inaccuracy in the Buyer's stated age.
5.3. The website https://www.burcumay.com/ is not responsible for pricing errors caused by system malfunctions or unauthorized third-party interference with the website. Buyers may not make any claims against the Seller based on system errors.
5.4. Purchases may be made via credit card (Visa, Mastercard, etc.), bank transfer, or cash on delivery. Orders for which payment by bank transfer is not received within 3 (three) days of the order date will be cancelled. Orders are processed not at the time the order is placed, but at the time the payment is confirmed received – whether by credit card charge or bank/wire transfer credit to the Seller's account.
6.1. The Buyer agrees and undertakes to fulfil all obligations imposed by this Agreement in full, except in cases of force majeure.
6.2. By placing an order, the Buyer is deemed to have accepted the terms of this Agreement and undertakes to make payment in the manner specified herein.
6.3. The Buyer declares that they have been clearly and fully informed through the website https://www.burcumay.com/ regarding all relevant matters including the Seller's details, product characteristics, pricing (inclusive of taxes), payment method, delivery terms, the right of withdrawal and how to exercise it, and relevant consumer authorities. The Buyer confirms having verified this information electronically.
6.4. The Buyer declares having read and understood the order, payment, and usage procedures on the website, including any safety instructions and warnings, and confirms having provided the required electronic consent.
6.5. In the event the Buyer wishes to return a product, the Buyer undertakes not to damage the product or its packaging in any way, and to return the original invoice and delivery note along with the product.
Order:
Once the Buyer approves the total amount (including VAT) in their shopping cart, the transaction is processed via the relevant bank's POS terminal. An order confirmation email is sent to the Buyer prior to dispatch. No shipment shall be made without such confirmation.
In the event of any issues with payment processing, the Buyer will be notified via the phone, fax, or email provided. The Buyer may be asked to contact their bank. Orders are considered active not when placed, but when payment is confirmed received.
In exceptional cases where the ordered product becomes unavailable or a stock issue arises, the Buyer shall be promptly and clearly informed. Subject to the Buyer's consent, an alternative product of equal quality and price may be sent, or the order may be cancelled and the full payment refunded within 10 (ten) days.
Payment:
For Buyers who do not wish to use their credit card online, payment by bank transfer is available. When making a wire transfer, the sender's name must match the billing information and the order number must be included in the payment description.
If the Buyer's credit card is used fraudulently by unauthorized persons through no fault of the Buyer, and the bank does not remit the payment to the Seller, the Buyer must return the delivered product to the Seller within 10 (ten) days at their own shipping expense.
If the Buyer opts to pay by credit card in instalments, the Buyer acknowledges that applicable interest rates and default interest shall be governed by the terms of the credit card agreement between the Buyer and their bank.
Shipping:
Upon sending the order confirmation email, the product(s) are handed over to the Seller's contracted cargo company.
Products will be delivered to the Buyer's address or a specified store via the Seller's contracted courier. The delivery period is 30 (thirty) days from the date of the order confirmation email and the formation of this Agreement. This period may be extended by up to 10 (ten) additional days, provided that the Buyer is notified in writing or via a durable medium in advance.
Products destined for areas where courier companies do not provide direct address delivery will be dispatched with a telephone notification.
Delays may occur in areas with once-weekly delivery, or in cases of incorrect shipping details, social unrest, or natural disasters. The Seller bears no responsibility for such delays. If the product is to be delivered to a person other than the Buyer, the Seller is not responsible for refusal of delivery, incorrect shipping information, or additional shipping charges caused by the Buyer's absence.
If the product does not arrive within the specified timeframe, the Buyer must notify customer service immediately at [email protected].
Damaged Packages:
Damaged packages must not be accepted; the Buyer should request that the courier representative prepare an official damage report (tutanak). If the courier disputes the damage, the Buyer has the right to have the package opened on the spot and inspected. Once a package is accepted, the courier is deemed to have fulfilled its obligations. If a package is refused and a damage report is filed, the Buyer must inform the Seller's customer service as soon as possible, providing a copy of the report.
Right of Withdrawal:
The Buyer has the right to withdraw from this Agreement within 7 (seven) days of receiving the product, without stating any reason and without incurring any penalty. In accordance with Tax Procedure Law General Communiqué No. 385, to process a return, the Buyer must completely and accurately fill in the return section at the bottom of the original invoice accompanying the product, sign it, and send it back to the Seller along with the product.
The right of withdrawal period begins on the day the product is delivered to the Buyer. Return shipping costs are the responsibility of the Buyer.
The right of withdrawal does not apply to products that are prepared specifically for the Buyer's personal needs or requests.
Upon receipt of the returned product and the completed invoice, the Seller will refund the total amount paid within 10 (ten) days, free of any charges to the Buyer.
A reduction in the value of the returned product, or circumstances making return impossible, does not prevent the exercise of the right of withdrawal. However, if such reduction or impossibility is attributable to the Buyer, the Buyer shall be required to compensate the Seller for the loss in value.
General Return Policy:
The general return period for any incorrectly received item is also 7 (seven) days. Returns of opened, used, or damaged items will not be accepted. Returns must be made in the original packaging.
If any signs of opening, damage, breakage, or use are found on the product or its packaging, or if the product cannot be returned in the same condition as delivered, the return will be rejected and no refund will be issued.
To initiate a return, the Buyer must first contact customer service. The Seller will then provide return instructions. The product must be sent via the same courier that delivered it, together with the completed invoice. Once the return is received and verified as meeting the conditions of this Agreement, the refund will be processed to the Buyer's credit card or bank account. No refund will be issued without receipt of the returned product. The timing of credit card refunds is at the discretion of the relevant bank.
For purchases made by instalment credit card, the refund will also be processed in instalments by the bank, mirroring the original payment structure.
Products used and cleaned in accordance with the provided usage instructions are covered by a 2 (two) year warranty against any manufacturing defects, subject to the conditions stated herein. The Seller's warranty obligations apply only to consumers within the scope of Law No. 4077. For commercial transactions, the provisions of the Turkish Commercial Code shall apply.
The Buyer's personal and payment information provided under this Agreement will not be shared with third parties by the Seller. This information may only be disclosed in cases of administrative or legal necessity, or within the scope of a duly documented judicial investigation.
Credit card information is never stored. It is transmitted securely to the relevant bank solely for the purpose of authorization and is deleted from the system immediately thereafter.
The Buyer's email address, postal address, and phone number are used solely for standard delivery and communication procedures. With the Buyer's prior consent, promotional or informational emails may be sent on occasion.
This Agreement is governed by the laws of the Republic of Turkey. In the event of any dispute arising from this Agreement, the Consumer Arbitration Committees shall have jurisdiction for amounts up to the threshold announced annually each December by the Ministry of Industry and Commerce. For amounts exceeding this threshold, Consumer Courts located at the residence of either the Buyer or the Seller shall have jurisdiction.
By completing an order, the Buyer is deemed to have accepted all terms and conditions of this Agreement.
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