Terms of sale

ARTICLE 1 – PARTIES

SELLER:
• Business name: Fathmara Moda ve Tekstil Sanayi Ticaret Limited Şirketi
• Brand: Fathmara
• Email: info@fathmara.com
• Address: Atatürk Mah. Esentepe Cad. Yavaşça Apartmanı No: 18 İç Kapı No: 1 Karesi / Balıkesir
• Telephone: +90 533 917 10 10
• MERSIS No: 0385220355900001
• Trade Registry No: 24802 (Balıkesir)
• Tax Office / Tax ID: Karesi Tax Office / 3852203559

BUYER: The person shopping through www.fathmara.com; recipient, delivery address, telephone, fax, email/username.

By accepting this agreement, the BUYER acknowledges in advance that, upon confirming the order covered by the agreement, they will be obliged to pay the order price and any stated additional charges, such as shipping and taxes, and that they have been informed accordingly.

DEFINITIONS:
In the application and interpretation of this agreement, the following terms have the meanings set out below.
MINISTER: The Minister of Customs and Trade.
MINISTRY: The Ministry of Customs and Trade.
LAW: Consumer Protection Law No. 6502.
REGULATION: The Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188).
SERVICE: The subject of any consumer transaction, other than the supply of goods, that is performed or undertaken in return for a fee or benefit.
SELLER: The company that supplies goods to consumers as part of its commercial or professional activities, or acts in the name or on behalf of the supplier.
BUYER: A natural or legal person who acquires, uses or benefits from goods or services for non-commercial or non-professional purposes.
SITE: The website belonging to the SELLER.
ORDERING PARTY: A natural or legal person requesting goods or services through the SELLER's website.
PARTIES: The SELLER and the BUYER.
AGREEMENT: This agreement concluded between the SELLER and the BUYER.
GOODS: Movable property that is the subject of a purchase, and intangible goods such as software, audio, images and similar items prepared for use in an electronic environment.

ARTICLE 2 – SUBJECT

This Agreement governs the rights and obligations of the parties under Consumer Protection Law No. 6502 and the Regulation on Distance Contracts in relation to the sale and delivery of the product ordered electronically by the BUYER through the SELLER's website, the specifications and sale price of which are stated below.

The prices listed and displayed on the site are the sale prices. Published prices and commitments remain valid until they are updated or changed. Prices advertised for a limited period remain valid until the end of that period.

ARTICLE 3 – PRODUCT INFORMATION

The product's:
• Type
• Model
• Color
• Quantity
• Sale price
• Payment method
consist of the information specified when placing the order.
3.1. The main characteristics of the goods/products/services (type, quantity, brand/model, color and number) are published on the SELLER's website. If the Seller runs a promotion, you may review the product's main characteristics during the promotion. They are valid until the promotion date.
3.2. The prices listed and displayed on the site are the sale prices. Published prices and commitments remain valid until they are updated or changed. Prices advertised for a limited period remain valid until the end of that period.
3.3. The sale price of the goods or services covered by this agreement, including all taxes, is shown below.
Product description
Quantity
Unit price
Subtotal (including VAT)
Shipping amount
Total:
3.4. The shipping charge for dispatching the product will be paid by the BUYER.

ARTICLE 4 – BILLING INFORMATION

Name/Surname/Business name
Address
Telephone
Fax
Email/username
Invoice delivery: The invoice will be delivered with the order to the billing address at the time of order delivery.

ARTICLE 5 – DELIVERY

• Products are delivered within the statutory period of no more than 30 days.
• Average delivery time: 2–7 working days.
• Shipping charges are stated when placing the order.

ARTICLE 6 – PAYMENT

Payments are made securely through:
• Credit card
• Debit card
• Online payment systems
• Bank transfer

ARTICLE 7 – RIGHT OF WITHDRAWAL

7.1. For distance contracts involving the sale of goods, the BUYER may exercise the right to withdraw from the agreement by rejecting the goods within 14 (fourteen) days of delivery to the BUYER or the person/entity at the address designated by the BUYER, provided that the SELLER is notified, without assuming any legal or penal liability and without giving a reason. For distance contracts for services, this period starts from the date the agreement is signed. The right of withdrawal cannot be exercised for service agreements where performance has begun with the consumer's consent before the withdrawal period expires. Costs arising from exercising the right of withdrawal are borne by the SELLER. By accepting this agreement, the BUYER acknowledges in advance that they have been informed of the right of withdrawal.

7.2. To exercise the right of withdrawal, written notice must be sent to the SELLER by registered mail with return receipt, fax or email within 14 (fourteen) days, and the product must not have been used in accordance with the provisions on 'Products Excluded from the Right of Withdrawal' in this agreement. If this right is exercised:
a) The invoice for the product delivered to the BUYER or a third party must be provided. If the invoice for the product to be returned was issued to a business, it must be sent with a return invoice issued by that business. Returns of orders invoiced to businesses cannot be completed unless a RETURN INVOICE is issued.
b) The return form and the products to be returned must be delivered complete and undamaged, together with their box, packaging and any standard accessories.
c) If the value of the goods decreases or a return becomes impossible for a reason attributable to the BUYER, the BUYER must compensate the SELLER's losses in proportion to the BUYER's fault.
d) If exercising the right of withdrawal causes the order to fall below the threshold of a promotion organized by the SELLER, the discount received under that promotion will be cancelled.

PRODUCTS EXCLUDED FROM THE RIGHT OF WITHDRAWAL

Under the Regulation, the following cannot be returned: products prepared at the BUYER's request or clearly according to their personal needs that are unsuitable for return; underwear bottoms, swimsuit and bikini bottoms, makeup products and disposable products; goods liable to deteriorate quickly or expire; products whose packaging is opened by the BUYER after delivery and which are unsuitable for return for health or hygiene reasons; products that become mixed with other products after delivery and cannot be separated by their nature; periodicals such as newspapers and magazines, other than those supplied under a subscription agreement; services performed instantly electronically or intangible goods delivered instantly to the consumer; and audio or video recordings, books, digital content, software programs, data recording and storage devices and computer consumables whose packaging has been opened by the BUYER. The Regulation also excludes the right of withdrawal for services whose performance begins with the consumer's consent before the withdrawal period expires.

For cosmetics and personal care products, underwear, swimsuits, bikinis, books, reproducible software and programs, DVDs, VCDs, CDs, tapes and stationery consumables (toner, cartridges, ribbons, etc.) to be returned, their packaging must be unopened and they must not have been tried, damaged or used.

ARTICLE 8 – RETURN CONDITIONS

• A refund is issued no later than 10 days after the returned product reaches the SELLER.
• The refund is made using the BUYER's payment method.
Shipping policy:
• For incorrect/defective products → shipping is borne by the SELLER.
• For returns under the right of withdrawal → shipping is borne by the BUYER.
Exchanges:
• Exchanges may be made depending on stock availability. The same product may be exchanged for a different size/color.

ARTICLE 9 – FORCE MAJEURE

Delivery times may be extended in situations such as natural disasters, shipping disruptions or infrastructure problems.

ARTICLE 10 – COMPETENT COURT

For disputes arising from this agreement, complaints and objections must be submitted to the consumer arbitration committee or consumer court at the consumer's place of residence or where the consumer transaction took place, within the monetary limits specified in the law referred to below. BALIKESİR ENFORCEMENT OFFICES AND COURTS HAVE JURISDICTION over all disputes arising from this agreement.

ARTICLE 11 – ENTRY INTO FORCE

When the BUYER makes payment for an order placed through the Site, the BUYER is deemed to have accepted all the terms of this agreement. The SELLER is obliged to make the software arrangements necessary to obtain confirmation, before the order is placed, that the BUYER has read and accepted this agreement on the site.
SELLER: Fathmara Moda ve Tekstil Sanayi Ticaret Limited Şirketi
BUYER:
DATE:

PRE-CONTRACTUAL INFORMATION FORM

The BUYER acknowledges having been informed of the following before placing an order:
• Product characteristics
• Total price (including taxes)
• Shipping charges
• Delivery time
• Right of withdrawal (14 days)
This form is deemed accepted upon completion of the order.

BRIEF PERSONAL DATA PROTECTION NOTICE

This site protects your personal data under the KVKK (Personal Data Protection Law). Your data is used for:
• Order processing
• Customer service
• Legal obligations