DISTANCE SALES AGREEMENT

DISTANCE SALES AGREEMENT

This Distance Sales Agreement (“Agreement”) is entered into electronically between the Seller and the Buyer in accordance with the Turkish Consumer Protection Law No. 6502, the Regulation on Distance Contracts, and other applicable legislation.

By electronically confirming the order through www.davidwalker.com, the Buyer acknowledges that they have read, understood, and accepted this Agreement and the relevant Pre-Information Form.

Article 1 – Parties

1.1 Seller

Trade Name / Brand: David Walker Fragrances
Legal Company Name: [LEGAL COMPANY NAME]
Registered Address: [REGISTERED ADDRESS]
MERSİS No.: [MERSİS NUMBER]
Tax Office: [TAX OFFICE]
Tax Number: [TAX NUMBER]
Telephone: [TELEPHONE NUMBER]
E-mail: [CUSTOMER SERVICE E-MAIL]
Website: www.davidwalker.com

Hereinafter referred to as the “Seller.”

1.2 Buyer

The Buyer is the individual whose name, surname, billing address, delivery address, telephone number, e-mail address, and other relevant information are provided electronically during the ordering process on www.davidwalker.com.

Hereinafter referred to as the “Buyer.”

The Buyer declares that the information provided during the purchase process is accurate and complete.

Article 2 – Scope of the Agreement

The subject of this Agreement is the determination of the rights and obligations of the parties regarding the sale and delivery of products ordered electronically by the Buyer through www.davidwalker.com, in accordance with applicable consumer protection legislation and the provisions governing distance contracts.

Before completing the order, the Buyer acknowledges that they have been informed, in a clear and understandable manner, of:

  • The essential characteristics of the products.

  • The identity and contact information of the Seller.

  • The total sale price, including applicable taxes.

  • Any additional delivery or shipping charges.

  • The method of payment.

  • Delivery conditions.

  • The conditions, period, and procedure for exercising the right of withdrawal.

  • Circumstances in which the right of withdrawal may not be exercised.

  • Information relating to returns, refunds, complaints, and dispute resolution.

By clicking the relevant button or otherwise electronically confirming the order, the Buyer acknowledges that the order creates an obligation to make payment.

The Pre-Information Form, order confirmation, invoice, and any other legally required electronic records relating to the transaction form an integral part of this Agreement.

Article 3 – Product and Order Information

The type, quantity, essential characteristics, unit price, total sale price, applicable taxes, discounts, delivery charges, payment method, delivery address, and other relevant details of the products subject to this Agreement are specified:

  • On the relevant product pages of www.davidwalker.com;

  • In the Buyer’s shopping cart;

  • In the Pre-Information Form; and

  • In the order confirmation provided before or following completion of the purchase.

The Buyer acknowledges that product colours and visual appearance displayed on electronic devices may vary slightly depending on screen, lighting, photography, and display settings.

Such minor visual differences shall not affect the Buyer’s mandatory statutory rights relating to defective or non-conforming goods.

Article 4 – General Provisions

4.1

This Agreement enters into force upon the Buyer’s electronic approval and completion of the order process.

The rights and obligations arising from this Agreement belong respectively to the Buyer and the Seller.

4.2

The Buyer acknowledges that they have reviewed the essential characteristics, price, payment conditions, delivery information, right of withdrawal, and other pre-contractual information relating to the product before confirming the order.

4.3

The Seller shall ensure that the product is prepared and dispatched in accordance with the Buyer’s order and applicable legal requirements.

Where applicable, the product shall be supplied together with legally required documentation, instructions, or warranty information.

4.4 – Delivery Period

Unless a shorter delivery period has been expressly promised, the Seller shall fulfil the order within the period prescribed by applicable legislation and, in any event, within 30 days for sales of goods.

A longer period may be agreed where permitted by law, including for products prepared in accordance with the Buyer’s individual requests or personal requirements.

If the Seller fails to fulfil the order within the legally applicable period, the Buyer may exercise the rights granted under applicable consumer legislation.

4.5 – Delivery Address

The product shall be delivered to:

  • The Buyer; or

  • The person or organisation designated by the Buyer,

at the delivery address specified during checkout.

The Buyer is responsible for providing complete and accurate delivery information.

4.6 – Delivery to a Third Party

Where the Buyer requests delivery to another person, delivery to that person at the address provided by the Buyer shall constitute delivery to the Buyer for the purposes of this Agreement.

If the designated recipient refuses delivery, the applicable courier and return procedures shall apply.

4.7 – Risk During Transportation

Where the product is shipped using the carrier specified by the Seller, responsibility for loss or damage remains with the Seller until the product is delivered to the Buyer or to a third party designated by the Buyer, other than the carrier.

Delivery of the goods by the Seller to the courier shall not, by itself, constitute delivery to the Buyer.

4.8 – Payment

The Seller shall not be obliged to dispatch or deliver an order where:

  • Payment has not been successfully completed;

  • Payment authorisation has been declined;

  • Payment has been cancelled; or

  • The relevant bank or authorised payment service provider has not confirmed the transaction.

4.9 – Inspection at Delivery

The Buyer is advised to inspect the shipment at the time of delivery.

If visible damage, crushing, tearing, leakage, breakage, or another obvious transportation-related issue is identified, the Buyer is encouraged to request a damage report from the courier and, where appropriate, refuse delivery.

The Buyer should notify David Walker Fragrances as soon as reasonably possible and provide any available photographs, reports, or other supporting information.

Failure to obtain a courier report shall not, by itself, eliminate any mandatory statutory rights the Buyer may have in relation to defective or damaged goods.

4.10 – Shipping Charges

Applicable shipping or delivery charges, if any, shall be clearly communicated to the Buyer before completion of the order.

Domestic and international shipping conditions may vary depending on destination, order value, campaign conditions, courier service, and applicable delivery policies.

The shipping amount payable by the Buyer shall be displayed at checkout before payment is completed.

4.11 – International Orders

For international orders, the Buyer may be responsible for customs duties, import taxes, brokerage charges, local taxes, customs clearance costs, or similar charges imposed by the destination country unless expressly stated otherwise during checkout.

Such amounts are determined by the relevant authorities and are generally outside the control of David Walker Fragrances.

Nothing in this Article limits any mandatory consumer rights applicable to the relevant transaction.

4.12 – Defective or Non-Conforming Products

Products must conform to the Agreement, the information provided to the Buyer, and applicable consumer protection legislation.

Where a product is defective or non-conforming, the Buyer may exercise the statutory remedies available under applicable legislation.

These may include, where legally applicable:

  • Termination of the contract and refund.

  • Replacement with a non-defective equivalent.

  • A price reduction proportionate to the defect.

  • Free repair where appropriate.

Any costs arising directly from the valid exercise of statutory rights relating to defective goods shall be handled in accordance with applicable legislation.

Any separate commercial warranty offered by David Walker Fragrances shall not restrict or replace the Buyer’s statutory consumer rights.

4.13 – Credit Card Transactions

Where payment is made by credit card, instalment terms, interest, default interest, account charges, and other financial conditions relating to the card are governed by the agreement between the Buyer and the issuing bank or financial institution.

David Walker Fragrances does not independently determine the contractual credit terms applied by the Buyer’s bank.

4.14 – Refund Method

Refunds shall be made using a payment method compatible with the payment method originally used by the Buyer, without imposing additional costs on the Buyer where required by applicable legislation.

After the Seller submits a refund instruction, the time required for the amount to appear in the Buyer’s account may depend on the processing procedures of the relevant bank or payment institution.

4.15 – Invoice and Return Documentation

Where required under applicable tax or accounting legislation, the Buyer may be requested to provide or complete documentation reasonably necessary to process a return.

Electronic invoices and electronic archive invoices shall be handled in accordance with applicable electronic invoicing and tax regulations.

Administrative documentation requirements shall not be applied in a manner that unlawfully restricts the Buyer’s statutory consumer rights.

Article 5 – Right of Withdrawal

5.1 – Withdrawal Period

Subject to the exceptions prescribed by applicable legislation, the Buyer has the right to withdraw from this Agreement within 14 days, without providing any reason and without paying a contractual penalty.

For sales of goods, the withdrawal period begins on the date the Buyer, or a third party designated by the Buyer other than the carrier, receives the goods.

The Buyer may also exercise the right of withdrawal between the conclusion of the Agreement and delivery of the goods.

5.2 – Multiple Products or Deliveries

Where:

  • Products forming part of a single order are delivered separately, the withdrawal period begins on the date the final product is received;

  • A product consists of multiple parts delivered separately, the period begins on the date the final part is received.

5.3 – How to Exercise the Right of Withdrawal

The Buyer must communicate the decision to withdraw before expiry of the withdrawal period through a written notification or another permanent data storage method permitted by applicable legislation.

The notification may be submitted through the contact channels specified by David Walker Fragrances.

The Buyer may use the statutory withdrawal form where applicable, but use of a particular form shall not be required where applicable legislation permits another clear withdrawal statement.

5.4 – Return of Products

Unless the Seller has offered to collect the goods directly, the Buyer must return the relevant product within the legally prescribed period following notification of withdrawal.

The return should be made using the return method and contracted carrier stated in the Pre-Information Form or return instructions.

Where the Buyer uses the carrier specified by the Seller, the Buyer shall not be charged return shipping costs in circumstances where applicable legislation requires such costs to be borne by the Seller.

5.5 – Refund Following Withdrawal

Where the Buyer validly exercises the right of withdrawal, payments subject to reimbursement, including applicable standard delivery costs where required by law, shall be refunded within the period prescribed under applicable legislation.

Refunds shall be made using a payment method compatible with the original payment method and without imposing additional costs on the Buyer.

5.6 – Condition of Returned Goods

The Buyer shall be responsible for the goods only to the extent prescribed by applicable law.

The Buyer may inspect the product to the extent reasonably necessary to determine its nature, characteristics, and functioning.

However, the Buyer may be responsible for any reduction in value resulting from handling exceeding what is reasonably necessary for such inspection, where provided by applicable legislation.

Article 6 – Exceptions to the Right of Withdrawal

Unless otherwise agreed by the parties or required by mandatory legislation, the right of withdrawal may not apply to categories excluded under the applicable Regulation on Distance Contracts, including, where relevant:

6.1 Personalised Products

Products manufactured, engraved, personalised, customised, specially packaged, or otherwise prepared specifically according to the Buyer’s individual requests or personal requirements.

6.2 Health and Hygiene Products

Products which, after delivery, have had protective packaging, sealing, tape, wrapping, or similar protective elements opened and which, due to their nature, are unsuitable for return for reasons of health protection or hygiene, where the conditions prescribed by applicable legislation are satisfied.

Where this statutory exception legally applies to a fragrance, cosmetic, personal-care, or similar product, the Buyer may lose the right of withdrawal after the relevant protective seal or packaging has been opened.

This provision shall not prevent the Buyer from exercising statutory rights relating to a product that is defective, damaged, incorrectly supplied, or otherwise non-conforming.

6.3 Other Statutory Exceptions

Other exceptions specifically prescribed under applicable consumer protection legislation shall continue to apply.

No exception shall be interpreted more broadly than permitted by mandatory law.

Article 7 – Product Availability and Impossibility of Performance

7.1

If performance of the order becomes impossible, the Seller shall notify the Buyer within the period prescribed by applicable legislation.

Where required by law, payments collected from the Buyer, including applicable delivery costs, shall be refunded within 14 days following such notification.

7.2

The mere fact that a product is temporarily out of stock shall not automatically constitute legal impossibility of performance.

Where an item is temporarily unavailable, David Walker Fragrances may contact the Buyer regarding the expected availability, alternative lawful options, or cancellation, without restricting the Buyer’s statutory rights.

Article 8 – Force Majeure

Events beyond the reasonable control of the parties may include, where applicable:

  • Natural disasters.

  • Earthquakes.

  • Floods.

  • Fires.

  • Epidemics or pandemics.

  • War or civil disturbance.

  • Government measures.

  • Customs restrictions.

  • Significant transportation disruptions.

  • Widespread telecommunications or infrastructure failures.

  • Other extraordinary and unforeseeable circumstances preventing performance.

If such an event materially prevents performance of the Agreement, the affected party shall notify the other party as soon as reasonably possible.

Where the Seller is unable to fulfil the Agreement within the legally permitted period, the Buyer may exercise the rights provided under applicable consumer legislation, including cancellation and reimbursement where appropriate.

Force majeure shall not be relied upon to exclude mandatory consumer rights.

Article 9 – Personal Data and Payment Security

Personal data collected in connection with orders placed through www.davidwalker.com shall be processed in accordance with applicable data protection legislation, including the Turkish Personal Data Protection Law No. 6698 (“KVKK”), where applicable.

Further information is provided in the Privacy and Payment Security Policy published on www.davidwalker.com.

Payment transactions may be processed through authorised banks and payment service providers.

David Walker Fragrances does not directly store full credit or debit card information except where technically necessary, legally permitted, and subject to applicable security requirements.

Article 10 – Commercial Electronic Communications

Commercial electronic communications, promotional e-mails, SMS messages, or similar marketing communications shall only be sent in accordance with applicable electronic commerce and marketing legislation.

Consent to receive commercial electronic communications is separate from acceptance of this Distance Sales Agreement where required by law.

The Buyer may withdraw marketing consent through the legally available channels.

Article 11 – Complaints and Customer Support

The Buyer may submit questions, complaints, requests, withdrawal notifications, return requests, or other communications relating to the order through the customer service channels published on www.davidwalker.com.

David Walker Fragrances shall review customer complaints and requests in accordance with applicable legislation and internal customer service procedures.

Article 12 – Dispute Resolution and Competent Authorities

For consumer disputes arising from this Agreement, applications may be made to the competent Consumer Arbitration Committee within the monetary limits applicable for the relevant calendar year.

For disputes falling outside the jurisdiction of Consumer Arbitration Committees, the competent Consumer Courts shall have jurisdiction in accordance with applicable legislation.

The Buyer retains the right to apply to other authorities or dispute resolution mechanisms available under mandatory consumer protection legislation.

Nothing contained in this Agreement shall restrict the Buyer’s mandatory statutory consumer rights.

Article 13 – Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of Türkiye, including, where applicable:

  • Consumer Protection Law No. 6502.

  • Regulation on Distance Contracts.

  • Turkish Code of Obligations No. 6098.

  • Law No. 6563 on the Regulation of Electronic Commerce.

  • Personal Data Protection Law No. 6698.

  • Applicable secondary legislation.

Mandatory provisions of applicable consumer legislation shall prevail over any conflicting provision of this Agreement.

Article 14 – Pre-Information and Electronic Approval

Before the order is completed, the Buyer confirms that they have been provided with the legally required pre-contractual information and have had the opportunity to review it.

The Buyer acknowledges that clicking the order confirmation/payment button or providing equivalent electronic confirmation constitutes acceptance of the Agreement and confirms that the order involves a payment obligation.

A copy of this Agreement may be stored electronically and made available to the Buyer in accordance with applicable legislation.

Article 15 – Amendment and Severability

If any provision of this Agreement is determined to be invalid or unenforceable under mandatory legislation, the remaining provisions shall continue to apply to the extent legally permissible.

Any mandatory consumer right arising from applicable legislation shall apply regardless of whether it is expressly repeated in this Agreement.

Article 16 – Language

The Turkish version of this Distance Sales Agreement shall constitute the legally governing version for transactions subject to Turkish law.

This English version is provided for convenience and informational purposes.

In the event of any inconsistency, ambiguity, or difference of interpretation between the Turkish and English versions, the Turkish version shall prevail, subject to applicable mandatory legislation.

Article 17 – Entry into Force

This Agreement consists of 17 Articles and enters into force on the date the Buyer electronically confirms the order through www.davidwalker.com.

By completing the purchase, the Buyer confirms that they have reviewed and accepted:

  • This Distance Sales Agreement.

  • The Pre-Information Form.

  • The applicable Delivery Policy.

  • The applicable Return and Withdrawal conditions.

  • The Privacy and Payment Security Policy.

  • Any other mandatory information presented before the order is confirmed.

Seller: David Walker Fragrances / [LEGAL COMPANY NAME]

Buyer: Information provided electronically during checkout.

Agreement Date: Order date shown in the electronic order record.

Order Number: Order number generated by www.davidwalker.com.