Sales Agreement
Parties
This Distance Sales Agreement (“Agreement”) is concluded electronically between the Buyer, whose address is specified in Article 3, and Cebir Giyim San. Tic. Ltd. Şti. (“Seller”), located at Mahmutbey Merkez Mahallesi, 2567. Sokak No:6,34218 Bağcılar / Mahmutbey, under the terms and conditions outlined below.
Subject
The subject of this Agreement is the sale and delivery of the product(s), the specifications and sales price of which are listed below, ordered electronically (e-commerce) by the Buyer via the Seller’s website www.maratonsw.com, in accordance with the provisions of the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts. It also sets forth the rights and obligations of the parties.
The prices listed and announced on the website are the sale prices. These prices and offers remain valid until updated or changed. Time-limited offers are valid until the specified expiration date.
The Buyer acknowledges and declares that they have been clearly and comprehensively informed by the Seller, in a manner appropriate for the online environment, regarding the Seller’s name, title, full address, phone number and other contact information; the essential characteristics of the goods subject to sale; the total price including taxes; payment method; delivery conditions and costs; the right of withdrawal and how to exercise it; and the official authorities to which complaints and objections can be submitted. The Buyer confirms this preliminary information electronically and subsequently places the order in accordance with the provisions of this Agreement.
The preliminary information provided on www.maratonsw.com and the invoice issued based on the Buyer’s order are integral parts of this Agreement.
Product/Payment/Delivery Information
The type and nature, quantity, brand/model, sales price, payment method, recipient, delivery address, invoice details, and shipping fee of the product(s) purchased electronically are specified below. The person to be invoiced must be the same as the person entering into the Agreement. The information provided below must be accurate and complete. The Buyer accepts full responsibility for any damages arising from incorrect or incomplete information and agrees to bear all related liabilities.
Seller’s Right to Suspend or Cancel the Order
In cases where the Seller deems it necessary, and if the information provided by the Buyer does not reflect the truth, the Seller reserves the right to suspend the order. If the Seller identifies any issues with the order and is unable to reach the Buyer via the provided phone number, email address, or postal address, the Seller shall freeze the execution of the order for a period of fifteen (15) days. During this period, the Buyer is expected to contact the Seller regarding the issue. If no response is received from the Buyer within this timeframe, the Seller shall cancel the order to prevent any potential loss for either party.
Purchased Product(s)
Product Name and Code: … units
Total Sales Price: … -TL
Payment Method: Credit Card / Bank Transfer (EFT)
Recipient:
Phone Number:
Delivery Address:
Invoice Recipient (Individual/Company):
Invoice Address:
Tax Office:
Tax Identification Number:
Contract Date and Force Majeure
The contract date is the date on which the Buyer places the order: …/…/…. Events that were not present or foreseeable at the time of signing the contract, and that occur beyond the control of the parties, making it partially or completely impossible for one or both parties to fulfill their obligations under the contract or to do so in a timely manner, shall be considered force majeure (e.g., natural disasters, war, terrorism, civil unrest, changes in legislation, confiscation, strikes, lockouts, significant failures in production or communication facilities, etc.). The party affected by the force majeure shall immediately notify the other party in writing. During the continuation of the force majeure event, neither party shall be held liable for failure to fulfill their obligations. If the force majeure situation persists for thirty (30) days, either party shall have the right to terminate the contract unilaterally.
Seller’s Rights and Obligations
5.1. The Seller agrees and undertakes to fulfill all obligations assigned under this Agreement in full, except in cases of force majeure, in accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.
5.2. Individuals under the age of 18 are not permitted to make purchases from www.maratonsw.com. The Seller will rely on the age information provided by the Buyer in the Agreement. However, the Seller shall not be held liable in any way for incorrect age declarations made by the Buyer.
5.3. www.maratonsw.com is not responsible for pricing errors caused by system malfunctions. Accordingly, the Seller shall not be liable for promotional or pricing errors arising from system failures, design issues, or unauthorized interventions on the website. The Buyer may not claim any rights from the Seller based on such system errors.
5.4. Purchases from www.maratonsw.com may be made via credit card (Visa, MasterCard, etc.), bank transfer (EFT), cash on delivery, or card payment upon delivery. Orders for which payment is not completed within one (1) business day from the order date will be canceled. The processing time of an order is not the moment the order is placed, but the moment the payment is successfully charged to the credit card or received in the Seller’s bank account. Payment methods such as postal money orders or cash on delivery without prior consultation with customer service will not be accepted.
Buyer’s Rights and Obligations
6.1. The Buyer agrees and undertakes to fulfill all obligations assigned under 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 agrees to make payment in accordance with the specified method.
6.3. The Buyer acknowledges and declares that they have been clearly and comprehensively informed via www.maratonsw.com about the Seller’s name, title, full address, phone number and other contact details; the essential characteristics of the goods; the total price including taxes; payment method; delivery conditions and costs; the right of withdrawal and how to exercise it; and the official authorities to which complaints and objections may be submitted. The Buyer confirms this preliminary information electronically and subsequently places the order in accordance with the provisions of this Agreement.
6.4. In connection with the previous clause, the Buyer declares that they have read and understood the order/payment/usage procedures available on www.maratonsw.com, including product ordering and payment conditions, usage instructions, precautionary measures, and warnings, and have confirmed this electronically.
6.5. If the Buyer wishes to return the purchased product, they agree and undertake not to damage the product or its packaging under any circumstances, and to return the original invoice and delivery note along with the product.
Order and Payment Procedure
Order: Once the Buyer confirms the total amount (including VAT) of the products added to the shopping cart (or the total installment amount for installment payments), the transaction is processed via the POS system of the relevant bank card. Therefore, an order confirmation email is sent to the Buyer before shipment. No shipment will be made without this confirmation.
In case of any disruption or issues related to the credit card, the Buyer will be notified via one or more of the contact methods (phone/fax/email) provided in the agreement. If necessary, the Buyer may be asked to contact their bank. The order processing time is not the moment the order is placed, but the moment the payment is successfully received via credit card or bank transfer (EFT) into the Seller’s account.
In exceptional cases where the product cannot be supplied due to valid reasons or stock issues, the Buyer will be informed clearly and promptly. Upon approval, a product of equal quality and price may be sent, or—based on the Buyer’s preference—a different product may be offered, the Buyer may wait for restocking or resolution of the issue, or the order may be canceled.
If the delivery of the product becomes impossible, the Buyer will be informed, and the total amount paid, along with any documents creating financial obligations, will be refunded within ten (10) days. In such cases, the Buyer shall not claim any additional material or moral compensation from the Seller.
Payment: On www.maratonsw.com, Buyers who do not wish to use their credit card information online are offered the option of cash on delivery or payment by card at the door.
If the Buyer’s credit card is unlawfully used by unauthorized parties after product delivery—without fault on the part of the Buyer—and the bank or financial institution refuses to pay the Seller, the Buyer is obligated to return the delivered product to the Seller within ten (10) days. In such cases, shipping costs shall be borne by the Buyer.
Credit Card Payment Terms
If the Buyer chooses to pay by credit card, they acknowledge and undertake that they will confirm the applicable interest rates and default interest terms directly with their bank. The Buyer accepts that, in accordance with current legislation, all provisions regarding interest and default interest shall be governed by the “Credit Card Agreement” between the Bank and the Buyer.
Shipment & Delivery Procedure
Shipment: Once the order confirmation email is sent, the product(s) will be handed over to the Seller’s contracted shipping company.
Delivery: The product(s) will be delivered to the Buyer’s address via the contracted courier. The delivery period is 30 days from the date of the order confirmation and the establishment of the contract. This period may be extended by up to 10 days, provided the Buyer is notified in writing or via a durable data carrier.
For regions where courier companies do not offer direct delivery, shipments will be made with prior phone notification.
In areas where deliveries are made only once a week, or in cases of incorrect/incomplete shipping details, social disruptions, or natural disasters, delays may occur. The Buyer cannot hold the Seller responsible for such delays.
If the product is to be delivered to a third party or institution, the Seller is not responsible for any additional shipping costs arising from refusal of delivery, incorrect shipping details, or the Buyer’s absence at the delivery location.
If the product(s) are not received within the stated timeframe, the Buyer must immediately notify Customer Service via email at [email protected].
Damaged Packages: Damaged packages must not be accepted and a damage report must be issued by the courier. If the courier claims the package is undamaged, the Buyer has the right to open the package on-site, inspect the contents, and request a report confirming the condition. Once the package is accepted by the Buyer, it is deemed that the courier has fulfilled its duty. If the package is refused and a report is issued, the Buyer must notify the Seller’s Customer Service with a copy of the report as soon as possible.
Product Return & Right of Withdrawal
Product Return: The Buyer has the right to withdraw from the contract within fourteen (14) business days of receiving the product, without providing any reason and without incurring any penalties.
In accordance with Tax Procedure Law Communiqué No. 385, for the return process to be completed, the Buyer must fill out the return sections on both copies of the invoice provided with the product, sign them, send one copy back with the product, and retain the other.
The withdrawal period begins on the day the product is delivered to the Buyer. Return shipping costs are the responsibility of the Buyer.
Exceptions to Withdrawal: The right of withdrawal does not apply to products that are customized or prepared specifically to meet the Buyer’s personal preferences or requests.
Upon exercising the right of withdrawal, the Seller will refund the total amount paid and any related financial documents within ten (10) days of receiving the returned product and invoice, without imposing any additional charges.
A decrease in the value of the product or the impossibility of return does not prevent the exercise of the right of withdrawal. However, if such issues arise due to the Buyer’s fault, the Buyer must compensate the Seller for the loss in value.
General Return Conditions (Including Mistaken Purchases): The general return period is 14 days. Products that have been opened, used, damaged, or altered in any way will not be accepted for return. Returns must be made in the original packaging.
If the product or packaging shows signs of tampering, damage, or use, and cannot be returned in its original condition, 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 provide instructions for return shipment. The product must then be sent back via the original courier along with the invoice. If the returned product meets the conditions outlined in this agreement, the refund will be processed to the Buyer’s credit card or account. No refund will be issued until the product is received.
Credit Card Refunds: The time it takes for the refund to appear in the Buyer’s credit card account depends on the bank’s policies.
If the purchase was made in installments, the refund will also be processed in installments. After the Seller pays the full amount to the bank, the bank will refund the Buyer in monthly installments. If the refund date does not align with the credit card billing cycle, the Buyer will continue to receive monthly refunds equal to the number of installments originally paid, until the full amount is returned.
Refunds for Credit Card Purchases
In the event of a return for goods or services purchased via credit card, the Seller cannot issue a cash refund to the Buyer due to contractual obligations with the Bank. Refunds must be processed through the relevant payment software. The Seller is obligated to reimburse the Bank either in cash or by offsetting the amount. Therefore, under the procedures outlined above, refunds cannot be made in cash. The refund to the credit card will be processed by the Bank after the Buyer has paid the full amount to the Bank.
Free Shipping Campaign Adjustments
If the Buyer benefits from a free shipping campaign by exceeding the minimum purchase threshold announced on www.maratonsw.com, and subsequently returns a product causing the total purchase amount to fall below the campaign threshold, the shipping fee will be deducted from the refund amount.
In cases where the Buyer benefits from a promotional campaign with a minimum purchase requirement, and the remaining value of the retained products falls below the threshold after a return, the Seller reserves the right to deduct the campaign discount amount from the refund.
For purchases made via third-party marketplaces such as Trendyol, Hepsiburada, or Çiçeksepeti, the return and shipping policies of the respective platforms shall apply.
Warranty
Products purchased from www.maratonsw.com that are unused, unaltered, unwashed, undamaged, and have intact internal/external labels may be returned within 14 days. The Seller’s warranty obligations apply only to consumers covered under Law No. 6502. For commercial transactions, the provisions of the Turkish Commercial Code shall apply.
Personal Data Protection, Commercial Communication & Intellectual Property
11.1. Under Law No. 6698 on the Protection of Personal Data, personal information such as name, surname, email address, national ID number, demographic and financial data may be collected and processed by the Seller, its affiliates, or third-party service providers for purposes including order fulfillment, service delivery, system maintenance, payment processing, marketing (with prior consent), membership management, and execution of distance sales contracts. Data may be stored indefinitely or for a limited time in written or electronic formats, and may be used, updated, shared, transferred, or otherwise processed.
11.2. In accordance with applicable legislation, the Buyer consents to receiving commercial electronic communications from Cebir Giyim San. Tic. Ltd. Şti. via SMS, push notifications, automated calls, computer, phone, email, fax, and other electronic means for promotional, marketing, and transactional purposes.
11.3. The Seller has implemented appropriate technical and organizational measures to protect the security of data entered on the website. However, since such data is entered from the Buyer’s own devices, the Buyer is responsible for ensuring protection against unauthorized access, viruses, and other malicious software.
11.4. The Buyer may request the cessation of data processing and/or communications at any time by contacting the Seller. Upon such request, personal data processing and communications will be terminated within the maximum legal timeframe. If desired, data not legally required to be retained will be deleted or anonymized. The Buyer may also request information regarding data processing, correction of inaccurate data, notification of corrections to third parties, deletion or destruction of data, objection to automated profiling, and compensation for damages resulting from unlawful processing.
11.5. All intellectual and industrial property rights related to the content and structure of the website, except for third-party content, belong to Cebir Giyim San. Tic. Ltd. Şti.
11.6. External websites accessed through links on this site are subject to their own privacy and security policies. The Seller is not responsible for any disputes or negative outcomes arising from such sites.
Evidence Agreement and Jurisdiction
[This section can be expanded upon request with specific legal jurisdiction and governing law clauses.]
Dispute Resolution and Legal Validity
In the event of any disputes arising from or related to this Agreement and/or its implementation, the Seller’s records (including magnetic records such as computer and audio files) shall constitute conclusive evidence.
The Parties agree that, for disputes arising from the interpretation or execution of this Agreement, the Consumer Arbitration Committees located in the residential jurisdiction of the Buyer and the Seller shall be authorized within the monetary limits defined by applicable legislation. For disputes exceeding these limits, the Consumer Courts in the jurisdiction of the Buyer and the Seller shall have exclusive authority.
Entry into Force
Upon completion of payment for an order placed through the website, the Buyer shall be deemed to have accepted all terms and conditions of this Agreement.
The Seller is obligated to implement software mechanisms on the website that prevent order placement unless the Buyer has read and accepted this Agreement.