Consumer terms and conditions
Article 1 – Identity of the seller
Article 2 – Identity of the seller
Name: SU DESIGN & ACCESSORIES B.V. (“SU Design”)
Address (TR): Kuruçeşme mah. Cinarlicesme sok. No:4/1 Besiktas – Istanbul - Turkey
VAT identification number: NL8594.10.262.B.01
Article 2 – Definitions
1. Consumer: a natural person who does not act for purposes relating to his trade or business;
2. Cooling-off period: the period in which the Consumer can exercise it’s right of withdrawal;
3. Distance sales contract: a contract concluded between the seller and the Consumer up to and including the conclusion of the agreement exclusively or partly using one or more means of distance communication;
4. Means of distance communication: means that can be used for concluding an agreement, without SU Design and Consumer having to be in the same room at the same time.
5. Model withdrawal form: The form set out in Annex 1;
6. Right of withdrawal: the right of the Consumer to waive the distance contract within the cooling-off period.
Article 3 – Applicability
1. These consumer terms and conditions apply to every offer from SU Design and to every Distance sales contract concluded between SU Design and Consumer.
2. These consumer terms and conditions will be made available to the Consumer before concluding the Distance sales contract. In case this is not reasonably possible, SU Design informs the Consumer about where it can get access to the terms and conditions and that they will be sent to the Consumer free of charge at the Consumer’s request.
3. Contrary to paragraph 2, if the Distance sales contract is concluded electronically, these Consumer terms and conditions will be made available to the Consumer electronically. If this is not reasonably possible, SU Design informs the Consumer about where it can get access to the terms and conditions electronically and that they will be sent to the Consumer free of charge at the Consumer’s request.
Article 4 – The agreement
1. The agreement is concluded at the time of acceptance of the offer and compliance with the conditions set.
2. Within the limits of the law, SU Design is allowed to inform itself about whether the Consumer is able to meet its payment obligations, as well as all the factors that are important for a responsible conclusion of the Distance sales contract. If SU Design has good reasons not to enter into the agreement, it is entitled to refuse an order or request or to attach special conditions to the implementation.
3. If the agreement is concluded electronically, SU Design takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer has the ability to pay electronically, SU Design will take appropriate security measures.
4. After the Consumer has accepted the offer electronically, SU Design will immediately confirm receipt of acceptance of the offer electronically.
5. SU Design guarantees that the products and / or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, SU Design also guarantees that the product is suitable for other than normal use.
6. At the latest upon delivery of the product to the Consumer, SU Design will send the following information:
a. the visiting address of the establishment of SU Design where the Consumer can go with complaints;
b. the conditions under which and the manner in which the Consumer may exercise the Right of withdrawal, or a clear indication of the exclusion of the Right of withdrawal;
c. the information on warranties and existing after-sales service;
d. the price including all taxes of the product; to the extent applicable, the costs of delivery; and the method of payment, delivery or performance of the Distance sales contract;
e. the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration;
f. if the Consumer has a Right of withdrawal, the Model withdrawal form.
g. In the case of an enduring transaction, the provision of the previous paragraph shall only apply to the first delivery.
Article 5 - Payment
4. Unless stated otherwise in the agreement or additional conditions, the amounts owed by the Consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement.
5. In case Consumer wishes to buy the product under a credit card instalment plan as offered by Consumer’s bank, as the terms of instalment plan, applicable interest and default rates are determined at the discretion of the bank, the Consumer shall perform the transaction upon confirming such issues with Consumer’s bank. SU Design shall have no liability with respect to such issues, and it agrees, declares and undertakes that provisions of the credit card agreement entered into by and between the bank and the Consumer shall apply.
6. In case the Consumer exercises Consumer’s Right of withdrawal, in case the ordered product cannot be supplied for various reasons or in case the arbitration committee orders a refund to the Consumer, the refund procedure applicable for the respective payment options shall be as follows:
a. Refund Procedure for Credit Card Payment Options:
If the transaction is performed by credit card and under an instalment plan, the bank refunds to the Consumer by instalments according to the number of instalments which the Consumer chose for purchasing the product. In case any amounts charged under an instalment plan through Bank POS terminals are required to be refunded to Consumer’s credit card, once SU Design pays the bank the full product price on a lump basis, the claimed refund amounts will also be credited to accounts of the holder party by the bank by instalments in order to avoid any unjust suffering by the parties involved. Pursuant to the agreement SU Design has entered into with the bank, SU Design cannot make any cash payment to the Consumer in case of return of any goods and services purchased by credit card. As SU Design is obliged to repay the relevant amount to the bank in cash or through ‘offsetting’ in case of a refund, no cash payment can be made to the Consumer as per the procedure explained above. Refund to the credit card will be performed by the Bank according to the foregoing procedure once the SU Design repays the amount to the Bank on a lump sum basis. Consumer hereby agrees and undertakes that Consumer has read and accepts the foregoing procedure.
b. Refund Procedure for TT/EFT Payment Options: Consumer’s bank account details will be requested, and refund shall be made to the bank account designated by the Consumer (provided that the account holder must be the person named on the invoice or the member user) by Telegraphic Transfer (TT) and EFT.
7. SU Design shall repay the product price to the bank on a lump sum basis.
8. Pursuant to the agreement SU Design has entered into with the bank, SU Design cannot make any cash payment to Consumer in case of return of any goods and services purchased and paid for by TT/EFT. Consumer hereby agrees and undertakes that Consumer has read and accepts the foregoing procedure.
9. If the consumer does not meet his payment obligation(s) on time, after the proprietor has drawn his attention to the late payment and the proprietor has given the consumer a period of 14 days in which to still meet his payment obligations, after failing to pay within this 14-day period, the consumer will owe the statutory interest on the amount still owed and the proprietor is entitled to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. SU Design can deviate from the amounts and percentages mentioned for the benefit of the consumer.
Article 6 – Delivery method and address
1. SU Design shall deliver the product to the person named as the Consumer at such address as specified on the first page of the contract. Even if the Consumer is not available at his/her address at the moment of delivery, SU Design shall be deemed to have fulfilled its delivery obligation fully and completely. Therefore, SU Design shall not be liable for any damages and costs arising from late delivery and/or no delivery to the Consumer.
2. SU Design shall be liable to ensure that the contractual product is delivered in good condition and completely, complies with such characteristics as specified under the order, and, if any, is accompanied with warranty certificates and user manuals.
3. Products available in our inventories shall be delivered to the courier within 3 (three) business days upon receipt of your order by us. All consignments shall be delivered to you through our contracted courier free of any charges. If you choose our MadetoOrder service, your custom-made product to be prepared as per your specific requirements shall be made available within 6 to 8 weeks.
Article 7 – Right of withdrawal
1. Consumer shall be entitled to withdraw from this Distance sales contract, which the Consumer has entered into with SU Design, within 14 (fourteen) days without showing any reason and without incurring any penalty. The Cooling-off period starts upon execution of the contract in case of contracts relating to rendering of services, and the date the Consumer or the third party designated by the Consumer receives the goods in case of contracts relating to delivery of goods. However, Consumer may also exercise Consumer’s Right of withdrawal until the delivery of goods upon execution of the contract.
2. Consumer can return the purchased product through our contracted courier without paying any delivery fee. For this, Consumer is required to complete and return to SU Design, along with the product, the Return & Replacement form which SU Design will send you together with the invoice. Please note that SU Design will follow the following steps for the return process.
3. The product will be checked to verify that its packaging is clean and unused. Any labels, logos, and if any, barcodes should remain intact.
4. SU Design will review the Return & Replacement Form which Consumer sends back to SU Design.
5. Relevant actions will be taken, and you will get a refund as per your request. For refunds, the rules relating to bank and credit cards shall apply, and SU Design has no control whatsoever with respect thereto.
6. The risk and burden of proof for the correct and timely exercise of the Right of withdrawal lies with the Consumer.
7. The Cooling-off period shall be calculated based on:
a. in case of items which are covered by one single order but are delivered separately, the date the Consumer or a third party designated by the Consumer receives the last item;
b. in case of items consisting of more than one components, the date the Consumer or a third party designated by the Consumer receives the last component.
Article 8 – General provisions
8. Consumer reads the preliminary information concerning the contractual product on the website, has information about the contractual product, and has given required confirmation electronically.
9. The product will be delivered within no later than 30 days upon the date of contract. SU Design shall assume full responsibility for the product until the moment the product is delivered.
10. If the contractual product is to be delivered to a person/entity other than the Consumer, SU Design shall not be held responsible if such person/entity refuses to take delivery of the contractual product.
11. SU Design shall be liable to ensure that the contractual product is delivered in good condition and completely, complies with such characteristics as specified under the order, and, if any, is accompanied with warranty certificates and user manuals.
12. Delivery of the contractual product is conditioned upon due payment of the contractual price by means of the relevant method of payment as chosen by the Consumer. If the product price is not duly paid or if the payment of the product price is cancelled by the bank for any reason whatsoever, SU Design shall be deemed to be released from the obligation to deliver the product.
13. If the relevant bank or financial institution does not pay the product price to SU Design due to any unjust and illegal use of Consumer’s credit card by any authorized persons due to reasons not attributable to Consumer’s fault, then Consumer must send the product back to the SU Design provided that the product has been delivered to the Consumer.
Should you have any questions and requests concerning your transaction on our website, you can contact us at any time by e-mail: firstname.lastname@example.org, or call us at +90 212 522 22 82 during business hours.
Article 9 – Disputes and jurisdiction
Agreements between SU Design and the Consumer to which these Consumer terms and conditions apply, are exclusively governed by Dutch law.
Once the order is placed, Consumer shall be deemed to have accepted all terms and conditions of this contract.
Disclaimer of Warranty
Hereof, and to the full extent permitted by law, the shoes and bags of "Serena Uziyel" brand are warranted to be free of defects in material and craftsmanship for a period of one (1) year from the date of delivery. All claims for defective products must be conveyed to email@example.com or our phone number: +9 0532 415 83 04 alongside the images of the claimed defections immedietaly upon discovery and no later than one (1) year after delivery of the product.
Annex I: Model withdrawal form
(complete and return this form only if you wish to revoke the agreement)
SU DESIGN & ACESSORIES B.V.
De Cuserstraat 94, 1081 CN Amsterdam
I/We* hereby give notice that I/We* revoke/cancel our agreement concerning the sale of the following products: [product name]*
Ordered on*/received on* [date of order in case of services or receipt in case of products]
Consumer(s)' signature (only if this form is submitted on paper)
* Strike out what does not apply or fill in what is applicable.