DISTANCE SALES AGREEMENT

ARTICLE 1 – SUBJECT OF THE CONTRACT AND THE PARTIES

1.1 This contract determines the rights and liabilities of the parties in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on the Implementation Principles and Procedures of Distance Contracts regarding the sale of products and services done by the Consumer whose detailed information is given below from thefragrance.com.tr which is operated by the Seller (hereinafter referred to as WEBSITE) and delivery of the products to the delivery address.

1.2. Consumer admits and declares that he/she has the information about the basic qualifications, the sale price, the type of payment, the conditions of delivery and the right to “withdraw” regarding the goods or services subject to sale, that he/she confirmed the preliminary informing in electronic environment and the preliminary then ordered the goods or services in accordance with the provisions of this contract. The preliminary informing and the invoice in the payment page of thefragrance.com.tr website, are integral parts of this contract.

1.3. SELLER INFORMATION

Name: THE FRAGRANCE PARFÜMERİ KOZMETİK VE SANAYİ TİCARET LİMİTED ŞİRKETİ.

Address:

AKROS, Cumhuriyet mah, 1995. Sk., 34515, FLOOR 32, D.489 Beylikdüzü Osb/Esenyurt
Tel: +905550666642
E-posta: info@thefragrance.com.tr

1.4. CONSUMER INFORMATION

Name surname / Title:
Delivery Address:
Telephone:
E-mail:
IP address:

ARTICLE 2 – DATE OF CONTRACT
2.1. This agreement was concluded by the parties on ……, the date when the order of the Consumer was completed on the WEBSITE and a copy of the contract was sent to the e-mail address of the CONSUMER.

ARTICLE 3 – PRODUCTS AND SERVICES SUBJECT TO CONTRACT
3.1. The details of the products and services ordered by the consumer, the sales amounts including the taxes and information about the number are listed below. All of the products listed in the following table are hereinafter referred to as the Product.

Visual	Product	Unit price	Number	VAT amount	Sales price

ARTICLE 4 – DELIVERY OF PRODUCTS
4.1. The Product is delivered to the delivery address specified by the Consumer on the WEBSITE or the person / organization at the address indicated by him / her in the latest 30 days, packed and together with the invoice.

In the event that the fulfilling the act of the goods or services subject to the order becomes impossible, the seller notifies the consumer in writing or in the Consumer Data Saver within three days from the date of learning of this situation and returns all payments collected, including the delivery costs, if any, within four days (14) at the latest. Non-existence of the goods in stock is not considered impossibility of fulfilling the act of goods.

4.2. If the product is to be delivered to another person / organization than the Consumer, the SELLER shall not be held liable if the person / organization to be delivered will not accept the delivery.

4.3. The consumer is responsible for checking the product at the time of receipt and when he/she sees a problem arising from the cargo in the Product, not accepting the Product and getting the courier company officer take a statement down. Otherwise, the Seller shall not accept any liability.

ARTICLE 5 – PAYMENT METHOD
5.1. The consumer accepts, declares and undertakes that, since forward sales can be made only by credit cards of banks, the Consumer shall confirm the relevant interest rates, default interest and relevant information; and provisions regarding the interest rate and default interest will be applied within the scope of the credit card agreement between the Bank and the Customer pursuant to the provisions of regulations in force. Credit / installment card and similar payment facilities provided by institutions giving credit card, installment card etc. such as banks and financing institutions are the possibility of a loan and / or installment payment provided directly by the related institution; The product sales which are realized within this framework and in which the Seller collected the relevant amount fully shall not be counted as installment sales in respect of the parties to this Agreement, they are cash sales. The legal rights of the seller in the cases deemed to be installments sale by the law (including the right to terminate the contract and / or claiming remaining debt to be paid together with the default interest, in case any of the installments are not paid) are available and reserved. In case of default of the consumer, a default interest of 5% per month is applied.

ARTICLE 6 – GENERAL PROVISIONS
6.1. The consumer agrees that he/she read and is aware of the preliminary information regarding the basic qualifications, sales price and payment method and delivery of the products which are shown in the WEBSITE have read and informed the basic qualifications, sales price and payment method and the preliminary information about the delivery and gave the necessary confirmation for the sale in the electronic environment.

6.2. By confirming this agreement in electronic environment, the Consumer confirms that he/she has accurately and completely obtained the address, basic features of the products ordered, product prices including tax, payment and delivery information and information about the right of withdrawal.

6.3. The seller is responsible for delivering the product subject to the contract in a sound, complete manner, in accordance with the specifications specified in the order and with the warranty documents and user manuals, if any.

6.4. The seller may supply a different product at the same quality and price to the Consumer before the contractual performance obligation expires.

6.5. If the seller fails to fulfill the contractual obligations in the event that the fulfillment of the product or service subject to the order becomes impossible, the seller shall inform the consumer before the expiry of the fulfillment obligation arising from the contract and supply a different product with equal quality and price to the Consumer.

6.6. For the delivery of the product subject to the contract, it is obligatory that the signed copy of this agreement is delivered to the Seller in electronic environment and the price has been paid by the Consumer’s preferred form of payment. If the product price is not paid or canceled in the bank records for any reason, the Seller shall be deemed to have been released from the delivery of the product.

6.7. In case the Bank / financing institution to which the credit card is used belongs does not pay the Product to the Seller for any reason after the delivery of the product, the Product shall be returned to the Seller by the Consumer at the latest within 3 days, all expenses shall be borne by the Consumer. All other contractual and statutory rights of the Seller, including the follow-up of the Product price, shall be reserved in any case.

6.8. In the event that the fulfillment of the acts of the goods or services performed in the order becomes impossible, the seller notifies the consumer in written or with permanent data storage within three days from the date of learning of this situation and all the payments collected, including the delivery costs, if any, shall be returned within fourteen (14) days at the latest starting from the date of notification. Non-existence of the goods in stock is not considered impossibility of fulfilling the act of goods.

7- Product Delivery Processes

7.1. The product is delivered to the delivery address specified by the Consumer on the WEBSITE or to the person / organization at the address indicated by him / her within 30 days at the latest, in a secured way and packed together with its invoice. In the event that the fulfillment of the acts of the goods or services performed in the order becomes impossible, the seller notifies the consumer in written or with permanent data storage within three days from the date of learning of this situation and all the payments collected, including the delivery costs, if any, shall be returned within fourteen (14) days at the latest starting from the date of notification. Non-existence of the goods in stock is not considered impossibility of fulfilling the act of goods.

7.2. If the product is to be delivered to another person / organization than the consumer, and if the person / organization does not accept the delivery the seller shall not be held liable.

7.3. The consumer is responsible for checking the product at the time of receipt and when he/she sees a problem arising from the cargo in the Product, not accepting the Product and getting the courier company officer take a statement down. Otherwise, the Seller shall not accept any liability.

8- THE RIGHT OF WITHDRAWAL
Pursuant to the relevant provisions of Consumer Protection Law no 6502 and Distance Contracts Directive;
8.1 In distance contracts about sales of goods, the consumer has the right to withdraw within 14 (fourteen) days of receipt without showing any excuses and paying any penal clause. However, the consumer may use his right of withdrawal from the establishment of this Agreement until the delivery of the goods. It is sufficient to direct the notification of the exercise of the right of withdrawal to the seller or the provider in writing or through permanent data storage. In order for our customers to use their right of withdrawal, they must fill in the turn in slip sent to them together with the product and submit the product to the COURIER company with the turn in slip.

In the determination of duration of the right of withdrawal;
a) For the products subject to a single order; the day when the last goods is delivered to the Consumer or to third party determined by the Consumer ,
b) For the products consisting of more than one parts; the day when the last part is delivered to the Consumer or to third party determined by the Consumer,
c) For the contracts in which the goods is delivered regularly during a certain period; the day when the first goods is delivered to the Consumer or to third party determined by the Consumer, is taken as basis.

8.2. Consumer’s right to withdraw shall not apply to the contracts regarding;
a) The goods prepared in accordance with the request and personal needs of the customer,
b) The delivery of the perishables or the goods of which expiry date is short,
c) The delivery of the goods of which protective element such as package, tape, and seal is opened provided that it is inappropriate to return them due to health and hygiene concerns,
d) To the goods which are mixed with other goods and impossible to separate intrinsically,
e) Books, digital contents and computer consumable materials which can be offered in the physical environment when their protective element such as package, tape, and seal is opened,
f) The delivery of the periodical publications such as journals and magazines except for the ones provided within the scope of the subscription agreement,
g) Accommodation, moving, rent a car, supply of foods and beverages, and recreational activities which have to be completed within a certain date or period,
h) Services fulfilled immediately in the electronic environment or incorporeal property that are delivered to the customer immediately,
i) Services which are started to be provided before the expiry date of the right to withdraw, and
j) Goods and services of which prices are changing depending on the fluctuations in the financial markets and out of the control of the Seller or provider.

8.3- In the event that the consumer uses his/her right of withdrawal, the Seller or the provider is obliged to return the total amount received and negotiable instruments putting the consumer under debt and all kinds of similar documents within 14 (fourteen) days from the date the withdrawal notification is delivered to him/her without any charge.

8.4- The consumer shall not be liable within the right of withdrawal for any changes or distortions in the goods if he/she uses the goods in accordance with its operation, technical specifications and usage instructions.

8.5- If the consumer uses the right of withdrawal, he shall not be liable to pay the expenses related to the return if he/she returns the goods through the courier specified for return in the preliminary information. In the event that the seller does not specify any courier for the return in the preliminary information, no cost can be demanded from the consumer. In the event that the courier specified in the preliminary information for the return does not have a branch in the location of the consumer, the seller is obliged to ensure that the goods that are requested to be returned are collected from the Consumer without any additional costs.

8.6- The Consumer is obliged to return the goods to the Seller within 10 (ten) days from the date on which he notifies the Seller of the use of the right of withdrawal, unless the Seller has made a proposal that he/she will have his property taken back.

8.7- As stated in the 1st paragraph of Article 15 of the Regulation on Distance Contracts, the Consumers do not have the right of withdrawal in the products which are specially prepared for the person.

8.8- The orders in the “Delivered to Courier” phase cannot be canceled at the cargo delivery stage.

8.9- For the orders in the “Delivered to Courier” phase, our Customers must return the cargo to the courier company without opening the box of the product. The provisions in Article are reserved.

The information about the company to be notified about the withdrawal;
Title: THE FRAGRANCE PARFÜMERİ KOZMETİK VE SANAYİ TİCARET LİMİTED ŞİRKETİ

Address: AKROS, Cumhuriyet mah, 1995. Sk., 34515, FLOOR 32, D.489 Beylikdüzü Osb/Esenyurt

Tel: +905550666642
E-posta: info@thefragrance.com.tr

9.1. In the resolution of any dispute that may arise from this Agreement and / or its implementation, Seller records (including recordings in the magnetic environment such as computer-audio records) constitute conclusive evidence; Consumer Arbitration Committees are authorized up to the value declared by the Ministry of Industry and Trade; and Consumer Courts and Directorates of Debt Collection located in residential region of the consumer and the seller are authorized for the values exceeding it.

9.2. The consumer declares, accepts and undertakes that he / she has read all the conditions and explanations written in this Contract and the Order Form constituting its integral part, has received, examined and accepted the sales terms and all other preliminary information.

The Fragrance Privacy Policy.

Last updated: 23/8/2023

This Privacy Policy describes how The Fragrance (the “Site”, “we”, “us”, or “our”) collects, uses, and discloses your personal information when you visit, use our services, or make a purchase from https://thefragrance.com.tr/ (the “Site”) or otherwise communicate with us (collectively, the “Services”). For purposes of this Privacy Policy, “you” and “your” means you as the user of the Services, whether you are a customer, website visitor, or another individual whose information we have collected pursuant to this Privacy Policy.

Please read this Privacy Policy carefully. By using and accessing any of the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use or access any of the Services.
Changes to This Privacy Policy

We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on the Site, update the “Last updated” date and take any other steps required by applicable law.

How We Collect and Use Your Personal Information

To provide the Services, we collect and have collected over the past 12 months personal information about you from a variety of sources, as set out below. The information that we collect and use varies depending on how you interact with us.

In addition to the specific uses set out below, we may use information we collect about you to communicate with you, provide the Services, comply with any applicable legal obligations, enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

What Personal Information We Collect

The types of personal information we obtain about you depends on how you interact with our Site and use our Services. When we use the term “personal information”, we are referring to information that identifies, relates to, describes or can be associated with you. The following sections describe the categories and specific types of personal information we collect.

Information We Collect Directly from You

Information that you directly submit to us through our Services may include:

Basic contact details including your name, address, phone number, email.

Order information including your name, billing address, shipping address, payment confirmation, email address, phone number.

Account information including your username, password, security questions.

Shopping information including the items you view, put in your cart or add to your wishlist.

Customer support information including the information you choose to include in communications with us, for example, when sending a message through the Services.

Some features of the Services may require you to directly provide us with certain information about yourself. You may elect not to provide this information, but doing so may prevent you from using or accessing these features.
Information We Collect through Cookies
We also automatically collect certain information about your interaction with the Services (“Usage Data”). To do this, we may use cookies, pixels and similar technologies (“Cookies”). Usage Data may include information about how you access and use our Site and your account, including device information, browser information, information about your network connection, your IP address and other information regarding your interaction with the Services.
Information We Obtain from Third Parties
Finally, we may obtain information about you from third parties, including from vendors and service providers who may collect information on our behalf, such as:

Companies who support our Site and Services.

Our payment processors, who collect payment information (e.g., bank account, credit or debit card information, billing address) to process your payment in order to fulfill your orders and provide you with products or services you have requested, in order to perform our contract with you.

When you visit our Site, open or click on emails we send you, or interact with our Services or advertisements, we, or third parties we work with, may automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits, third-party libraries, and cookies.

Any information we obtain from third parties will be treated in accordance with this Privacy Policy. We are not responsible or liable for the accuracy of the information provided to us by third parties and are not responsible for any third party’s policies or practices. For more information, see the section below, Third Party Websites and Links.

How We Use Your Personal Information

Providing Products and Services. We use your personal information to provide you with the Services in order to perform our contract with you, including to process your payments, fulfill your orders, to send notifications to you related to you account, purchases, returns, exchanges or other transactions, to create, maintain and otherwise manage your account, to arrange for shipping, facilitate any returns and exchanges and to enable you to post reviews.

Marketing and Advertising. We use your personal information for marketing and promotional purposes, such as to send marketing, advertising and promotional communications by email, text message or postal mail, and to show you advertisements for products or services. This may include using your personal information to better tailor the Services and advertising on our Site and other websites.

Security and Fraud Prevention. We use your personal information to detect, investigate or take action regarding possible fraudulent, illegal or malicious activity. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password, or other access details with anyone else. If you believe your account has been compromised, please contact us immediately.

Communicating with you. We use your personal information to provide you with customer support and improve our Services. This is in our legitimate interests in order to be responsive to you, to provide effective services to you, and to maintain our business relationship with you.

Cookies

Like many websites, we use Cookies on our Site. For specific information about the Cookies that we use related to powering our store. We use Cookies to power and improve our Site and our Services (including to remember your actions and preferences), to run analytics and better understand user interaction with the Services (in our legitimate interests to administer, improve and optimize the Services). We may also permit third parties and services providers to use Cookies on our Site to better tailor the services, products and advertising on our Site and other websites.

Most browsers automatically accept Cookies by default, but you can choose to set your browser to remove or reject Cookies through your browser controls. Please keep in mind that removing or blocking Cookies can negatively impact your user experience and may cause some of the Services, including certain features and general functionality, to work incorrectly or no longer be available. Additionally, blocking Cookies may not completely prevent how we share information with third parties such as our advertising partners.
How We Disclose Personal Information
In certain circumstances, we may disclose your personal information to third parties for legitimate purposes subject to this Privacy Policy. Such circumstances may include:

With vendors or other third parties who perform services on our behalf (e.g., IT management, payment processing, data analytics, customer support, cloud storage, fulfillment and shipping).

With business and marketing partners, to provide services and advertise to you. Our business and marketing partners will use your information in accordance with their own privacy notices.

When you direct, request us or otherwise consent to our disclosure of certain information to third parties, such as to ship you products or through your use of social media widgets or login integrations, with your consent.

With our affiliates or otherwise within our corporate group, in our legitimate interests to run a successful business.

In connection with a business transaction such as a merger or bankruptcy, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants and similar requests), to enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

Category:

Identifiers such as basic contact details and certain order and account information

Commercial information such as order information, shopping information and customer support information

Internet or other similar network activity, such as Usage Data

Vendors and third parties who perform services on our behalf (such as Internet service providers, payment processors, fulfillment partners, customer support partners and data analytics providers)

Business and marketing partners

Affiliates

We do not use or disclose sensitive personal information for the purposes of inferring characteristics about you.
Third Party Websites and Links
Our Site may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.

We have, in the past 12 months disclosed the following categories of personal information and sensitive personal information (denoted by *) about users for the purposes set out above in “How we Collect and Use your Personal Information” and “How we Disclose Personal Information”:

Categories of Recipients:

Children’s Data

The Services are not intended to be used by children, and we do not knowingly collect any personal information about children. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the contact details set out below to request that it be deleted.
As of the Effective Date of this Privacy Policy, we do not have actual knowledge that we “share” or “sell” (as those terms are defined in applicable law) personal information of individuals under 16 years of age.
Security and Retention of Your Information
Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” In addition, any information you send to us may not be secure while in transit. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us.
How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide the Services, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies.

Your Rights and Choices

Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.

Right to Access / Know. You may have a right to request access to personal information that we hold about you, including details relating to the ways in which we use and share your information.

Right to Delete. You may have a right to request that we delete personal information we maintain about you.

Right to Correct. You may have a right to request that we correct inaccurate personal information we maintain about you.

Right of Portability. You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.

Right to Limit and/or Opt out of Use and Disclosure of Sensitive Personal Information. You may have a right to direct us to limit our use and/or disclosure of sensitive personal information to only what is necessary to perform the Services or provide the goods reasonably expected by an average individual.

Restriction of Processing: You may have the right to ask us to stop or restrict our processing of personal information.

Withdrawal of Consent: Where we rely on consent to process your personal information, you may have the right to withdraw this consent.

Appeal: You may have a right to appeal our decision if we decline to process your request. You can do so by replying directly to our denial.

Managing Communication Preferences: We may send you promotional emails, and you may opt out of receiving these at any time by using the unsubscribe option displayed in our emails to you. If you opt out, we may still send you non-promotional emails, such as those about your account or orders that you have made.

You may exercise any of these rights where indicated on our Site or by contacting us using the contact details provided below.
We will not discriminate against you for exercising any of these rights. We may need to collect information from you to verify your identity, such as your email address or account information, before providing a substantive response to the request. In accordance with applicable laws, You may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a timely manner as required under applicable law.

Complaints

If you have complaints about how we process your personal information, please contact us using the contact details provided below. If you are not satisfied with our response to your complaint, depending on where you live you may have the right to appeal our decision by contacting us using the contact details set out below, or lodge your complaint with your local data protection authority.
International Users
Please note that we may transfer, store and process your personal information outside the country you live in, including the United States. Your personal information is also processed by staff and third party service providers and partners in these countries.
If we transfer your personal information out of Europe, we will rely on recognized transfer mechanisms like the European Commission’s Standard Contractual Clauses, or any equivalent contracts issued by the relevant competent authority of the UK, as relevant, unless the data transfer is to a country that has been determined to provide an adequate level of protection.

Contact

If you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, please call +905550666642 or email us at info@thefragrance.com.tr or contact us at AKROS, Cumhuriyet mah, 1995. Sk., 34515, FLOOR 32, D.489 Beylikdüzü Osb/Esenyurt/Istanbul/ Turkiye

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