### DISTANCE SALES CONTRACT
**1. PARTIES**
This Contract has been signed between the following parties under the terms and conditions stated below.
**‘BUYER’**; (hereinafter referred to as “BUYER”)
Name-Surname:
Address:
**‘SELLER’**; (hereinafter referred to as “SELLER”)
Title: Trigon Furniture
Address: 52 Umm Hurair Rd – Al Karama – Dubai – United Arab Emirates
Email: info@trigonliving.com
By accepting this contract, the BUYER acknowledges and agrees that if the order subject to the contract is approved, the BUYER will be obliged to pay the order amount and any additional fees such as shipping fees and taxes specified, and has been informed of this obligation in advance.
**2. DEFINITIONS**
In the application and interpretation of this contract, the terms written below shall refer to the following written explanations.
MINISTER: Minister of Customs and Trade
MINISTRY: Ministry of Customs and Trade
LAW: Consumer Protection Law No. 6502
REGULATION: Distance Contracts Regulation (OG:27.11.2014/29188)
SERVICE: Any consumer transaction other than providing goods in return for a fee or benefit, or committing to perform such
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on account of the supplier of goods
BUYER: A natural or legal person acquiring, using, or benefiting from a good or service for non-commercial or non-professional purposes
SITE: The website belonging to the SELLER
ORDER PLACER: A natural or legal person requesting a good or service from the SELLER’s website
PARTIES: SELLER and BUYER
CONTRACT: This contract signed between the SELLER and the BUYER
GOODS: The movable property subject to shopping and intangible goods prepared for use in electronic environment such as software, sound, image, etc.
**3. SUBJECT**
This Contract regulates the rights and obligations of the parties regarding the sale and delivery of the product whose qualities and sale price are specified below, which the BUYER has ordered electronically through the SELLER’s website, in accordance with the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation.
The listed and announced prices on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.
**SELLER INFORMATION**
Title:
Address:
Phone:
Fax:
Email: info@trigonliving.com
**BUYER INFORMATION**
Name:
Delivery Address:
Phone:
Fax:
Email/username:
**ORDER PLACER INFORMATION**
Name/Surname/Title:
Address:
Phone:
Fax:
Email/username:
**PRODUCT/PRODUCTS INFORMATION SUBJECT TO THE CONTRACT**
The main characteristics (type, quantity, brand/model, color, quantity) of the goods/products/services are published on the SELLER’s website. If a campaign is organized by the SELLER, you can review the basic features of the relevant product during the campaign period. Campaign prices are valid until the campaign end date.
7.2. The listed and announced prices on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.
7.3. The total sales price of the goods or services subject to the contract, including all taxes, is shown below.
Product Description Quantity Unit Price Subtotal (Including VAT)
Shipping Fee
Total:
Payment Method and Plan
Delivery Address
Person to be Delivered
Billing Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping fee, which is the product shipment cost, will be paid by the BUYER.
**BILLING INFORMATION**
Name/Surname/Title
Address
Phone
Fax
Email/username
Invoice delivery: The invoice will be delivered to the billing address along with the order during delivery.
**GENERAL PROVISIONS**
9.1. The BUYER acknowledges and declares that they have read the preliminary information about the basic characteristics, sales price, and payment method of the product subject to the contract, as well as the delivery information, on the SELLER’s website, and have given the necessary confirmation in electronic form. The BUYER confirms that, before the conclusion of this distance sales contract, they have been accurately and fully informed by the SELLER about the address to which the order will be delivered, the basic characteristics of the ordered products, the price of the products including taxes, and the payment and delivery information.
9.2. Each product subject to the contract shall be delivered to the BUYER or the person/legal entity at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER’s place of residence, provided that it does not exceed the 14-day legal period. If the product cannot be delivered to the BUYER within this period, the BUYER has the right to terminate the contract.
9.3. The SELLER agrees, declares, and undertakes to deliver the product subject to the contract in a complete, accurate manner in accordance with the qualifications specified in the order, and with documents such as warranty certificates, user manuals, if any, and to perform the work in accordance with the legal regulations, free from any defects, in accordance with the principles of integrity and honesty, to maintain and improve service quality, to show the necessary attention and care during the performance of the work, and to act with prudence and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit approval before the fulfillment period of the contractual obligation expires.
9.5. If the SELLER cannot fulfill the contractual obligations due to the impossibility of fulfilling the order subject to the contract, the SELLER shall notify the consumer of this situation in writing within 3 days from the date of learning and return the total price to the BUYER within 14 days.
9.6. The BUYER acknowledges and agrees that they will confirm this Contract electronically for the delivery of the product subject to the contract, and if the product price is not paid for any reason and/or the payment is canceled in the bank records, the SELLER’s obligation to deliver the product subject to the contract shall cease.
9.7. The BUYER agrees, declares, and undertakes that if the credit card belonging to the BUYER is used unfairly by unauthorized persons after the delivery of the product subject to the contract, and the product price is not paid to the SELLER by the relevant bank or financial institution, the BUYER shall return the product subject to the contract to the SELLER within 3 days at the SELLER’s expense.
9.8. The SELLER agrees, declares, and undertakes that if the product subject to the contract cannot be delivered within the specified period due to force majeure circumstances that develop outside the will of the parties, which could not have been foreseen and prevent the parties from fulfilling their obligations, the SELLER will inform the BUYER of this situation. The BUYER has the right to request the cancellation of the order, the replacement of the product subject to the contract with a similar one, if any, and/or the postponement of the delivery period until the obstacle is removed. In case the order is canceled by the BUYER, the amount paid by the BUYER in cash shall be refunded to them in full within 14 days. In case the BUYER has made the payment by credit card, the product price shall be refunded to the relevant bank within 14 days from the cancellation of the order by the BUYER. The BUYER acknowledges, declares, and undertakes that the average process for the bank to reflect the amount refunded to the credit card by the SELLER to the BUYER’s account may take 2 to 3 weeks, and that the reflection of this amount to the BUYER’s accounts after the refund to the bank is entirely related to the bank’s transaction process, and the BUYER shall not hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to reach the BUYER for communication, marketing, notification, and other purposes via letter, email, SMS, phone call, and other means through the contact information provided by the BUYER in the registration form on the site or updated by the BUYER later. By accepting this contract, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities towards them.
9.10. Before taking delivery of the goods/services subject to the contract, the BUYER shall inspect the goods/services and shall not receive the damaged and defective goods/services such as crushed, broken, torn packaging, etc. from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned.
9.11. In cases where the credit card holder used during the order is not the same person as the BUYER, or if a security gap is detected regarding the credit card used in the order before the delivery of the product to the BUYER, the SELLER may request the BUYER to submit the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the order, or a letter from the bank of the card holder stating that the credit card belongs to the BUYER. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the said requests are not met within 24 hours, the SELLER shall have the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information
provided while signing up on the SELLER’s website is true, and the BUYER shall compensate all damages incurred by the SELLER immediately, in cash and in full upon the first notification by the SELLER, due to the untruthfulness of this information.
9.13. The BUYER agrees and undertakes to comply with the provisions of the legal regulations while using the SELLER’s website and not to violate these provisions. Otherwise, all legal and penal obligations shall bind the BUYER exclusively and completely.
9.14. The BUYER shall not use the SELLER’s website in any way that disrupts public order, violates general morality, disturbs and harasses others, for an unlawful purpose, or in a way that infringes on others’ material and moral rights. Furthermore, the BUYER shall not engage in activities (spam, virus, trojan horse, etc.) that prevent or hinder others from using the services.
9.15. Links to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties may be provided on the SELLER’s website. These links are provided to facilitate the direction of the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.
9.16. A member who violates one or more of the articles listed in this contract shall be personally and legally responsible for this violation and shall keep the SELLER free from the legal and penal consequences of these violations. Furthermore, if the event is brought to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership contract.
**RIGHT OF WITHDRAWAL**
10.1. The BUYER may use the right to withdraw from the contract by rejecting the goods without assuming any legal or penal responsibility and without giving any reason, within 14 (fourteen) days from the date of delivery of the product to the BUYER or the person/legal entity at the indicated address, provided that the SELLER is notified. In the case of distance contracts related to the provision of services, this period starts from the date of signing the contract. The right of withdrawal cannot be used for service contracts that have started to be performed with the consumer’s approval before the expiry of the right of withdrawal period. The costs arising from the use of the right of withdrawal belong to the SELLER. The BUYER acknowledges and agrees that they have been informed about the right of withdrawal by accepting this contract.
10.2. For the use of the right of withdrawal, the SELLER must be notified in writing by registered mail, fax, or email within 14 (fourteen) days, and the product must not be used within the framework of the provisions of “Products for which the Right of Withdrawal Cannot Be Used” stated in this contract. In the event that this right is exercised:
a) The invoice of the product delivered to the third party or the BUYER (If the invoice of the product to be returned is corporate, it must be sent along with the return invoice issued by the institution when returning. Order returns whose invoices are issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, together with the box, packaging, and standard accessories, if any.
d) The SELLER is obliged to return the total amount and the documents putting the BUYER under debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notification, and to accept the return of the goods within 20 days.
e) If there is a decrease in the value of the goods due to the BUYER’s fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER’s damages at the rate of the BUYER’s fault. However, the BUYER is not responsible for the changes and deterioration that occur due to the proper use of the goods or products within the right of withdrawal period.
f) If the amount of the campaign limit organized by the SELLER is reduced due to the use of the right of withdrawal, the discount amount used within the campaign is canceled.
**PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED**
Products that are prepared in line with the BUYER’s request or clearly in accordance with their personal needs and that are not suitable for return, underwear bottom parts, swimwear and bikini bottoms, make-up materials, disposable products, goods that are in danger of spoiling quickly or are likely to expire, products that are not suitable for return in terms of health and hygiene if the packaging is opened by the BUYER after delivery, products that are mixed with other products after delivery and cannot be separated by their nature, periodicals such as newspapers and magazines other than those provided under the subscription agreement, services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if the packaging has been opened by the BUYER, cannot be returned as per the Regulation. In addition, the right of withdrawal for services that have started to be performed with the consumer’s approval before the expiry of the right of withdrawal period is not possible as per the Regulation.
Cosmetics and personal care products, underwear products, swimwear, bikinis, books, reproducible software and programs, DVDs, VCDs, CDs, and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) must be unopened, untested, undamaged, and unused in order to be returned.
**DEFAULT AND LEGAL CONSEQUENCES**
The BUYER agrees, declares, and undertakes that if the BUYER defaults on the payment transactions made with a credit card, the cardholder will pay interest within the framework of the credit card agreement with the bank and be liable to the bank. In this case, the relevant bank may take legal action; and may demand the costs and attorney’s fees from the BUYER and, in any case, if the BUYER defaults on the debt, the BUYER agrees to pay the SELLER’s damages and losses due to the delayed performance of the debt.
**AUTHORIZED COURT**
In disputes arising from this contract, complaints and objections shall be made to the consumer arbitration committee or the consumer court where the consumer’s residence is located or where the consumer transaction is made within the monetary limits specified below. Information on the monetary limit is as follows:
Effective from 28/05/2014:
a) Disputes with a value below 2,000.00 (two thousand) AED shall be submitted to the district consumer arbitration committees,
b) Disputes with a value below 3,000.00 (three thousand) AED shall be submitted to the provincial consumer arbitration committees,
c) In provinces with metropolitan status, disputes with a value between 2,000.00 (two thousand) AED and 3,000.00 (three thousand) AED shall be submitted to the provincial consumer arbitration committees.
This Contract is made for commercial purposes.
**ENFORCEMENT**
The BUYER is deemed to have accepted all the terms of this contract when they make the payment for the order placed through the Site. The SELLER is obliged to make the necessary software arrangements to ensure that the contract is read and accepted by the BUYER before the order is confirmed.
**SELLER:**
**BUYER:**
**DATE:**
