Distance Sales Agreement

ARTICLE 1– PARTIES

These Terms (“Agreement”) are entered into between

– Nova Bella Bridal and Trade Limited Company which is subject to Turkish Law (hereinafter referred to as “Nova Bella” in the Agreement.) and

– Buyer who buys the product from www.novabellabridal.com pursuant to this contract, the (hereinafter referred to as “Buyer” in the Agreement.)

Nova Bella and Buyer will be referred to as parties together.

Agreed in the following terms and conditions:

As the order takes place, the BUYER shall be deemed to have accepted all the terms of this contract.

ARTICLE 2 – SUBJECT OF THE AGREEMENT

The subject of this Agreement is to determine the mutual rights and obligations of the Parties hereto regarding the purchase of the products that Nova Bella offers for sale via the electronic environment via the website by the Buyer and the delivery of Nova Bella’s related products to the delivery address specified by the Buyer.

ARTICLE 3 – GOODS AND SERVICES ON THE WEBSITE

1. The basic features and other information of the goods or services offered by Nova Bella on the website are available at www.novabellabridal.com. The buyer cannot request performance from Nova Bella based on information not available on the website.

1. The prices listed and announced on the website are the sales price. Announced prices and promises are valid until updated and changed. The prices announced for a period are valid until the end of the specified period. Nova Bella unilaterally reserves the right to grant a discount to products and services and to revoke the discount.

1. Value added taxes, customs duties, other taxes are not included in the sales price of the goods or services subject to the contract. These taxes shall be paid by the Buyer according to the tax system and rates in the country where the Buyer is located. Nova Bella is not responsible for any taxes that may arise.

1. Nova Bella will deliver fully paid product to the Buyer within thirty days if available in stock.

ARTICLE 4– MODE OF DELIVERY 

1. Nova Bella will deliver the products offered for sale on the website to the Buyer through the cargo company, free from any defect or damage, within the specified period of time after the payment by the Buyer, if the stock and / or production status of Nova Bella is available.

1. Taxes and delivery costs shall be paid directly by the Buyer as the prices of the products specified on the website are determined excluding taxes and delivery costs. The Buyer shall be deemed to have irrevocably accepted this article.

1. Nova Bella cannot be held responsible for any problems experienced due to cargo company during the delivery of the products to the Buyer, non-delivery, or the late delivery of the ordered products by the cargo company to the Buyer.

ARTICLE 5 – RETURN AND EXCHANGE POLICY

1. All products specified on www.novabellabridal.com are customized according to the buyer’s measurements and other requests. Accordingly, orders made or to be made through www.novabellabridal.com are non-exchangeable and non-returnable. The Buyer accepts and declares that he does not have the right to return and exchange in the purchases made from Nova Bella, which produces customized goods.

1. Buyer does not have the right to withdraw or terminate the contract. If the fee specified in the contract is received in the form of a prepayment and subsequently withdrawn from the contract, this prepayment will be received in the form of cancellation fee.

ARTICLE 6 – REPRESENTATIONS AND WARRANTIES OF THE BUYER

1. Buyer hereby accepts and declares that he is aware of the basic qualities, sale price, payment methods and delivery conditions of the product subject to this Agreement by reading all the related preliminary information available at www.novabellabridal.com website and that he confirms this preliminary information electronically. Buyer: by confirming this agreement electronically, confirms that the basic qualities, sale price excluding taxes and delivery cost of the product, payment and delivery information are obtained accurately and completely.

1. Buyer hereby accepts and declares that he has read and understood all the preliminary information / conditions written in the contract, that he will comply with all his obligations completely and on time, that he will undertake the relevant rights and responsibilities, along with the purchase process and website shipment.

1. All intellectual property rights (information, articles, images, trademarks, logos, design and text, page layout etc. available on website) on Nova Bella and www.novabellabridal.com are the exclusive property of Nova Bella.   No materials from www.novabellabridal.com may be modified, copied, downloaded, uploaded, reproduced, repackaged, republished, transmitted, redistributed, or resold in any way, either in whole or in any part. Use of the materials contained on this website is strictly prohibited under Law No. 5846 on Intellectual and Artistic Works . Legal and criminal sanctions related to this will be imposed directly on the Buyer. The Buyer hereby accepts, declares and undertakes that all that all intellectual and industrial rights, including images, information, content etc. on www.novabellabridal.com  and rights under  Industrial Property Law belong to Nova Bella and will not use or copy these rights for itself or third parties.

1. The Buyer agrees, declares, and undertakes that he has read, understood and informed about the Clarification Text on Personal Data Protection Law stated in this contract and at www.novabellabridal.com. The Buyer accepts, declares, and undertakes that it has the consent to process the information and to share it appropriately when permitted by the Law.

1. The necessary measures for the security of the information and transactions entered by the Buyer on the Website have been taken in the system infrastructure of the Nova Bella, within the scope of today's technical possibilities according to the nature of the information and transaction. However, since the said information is entered from the BUYER's device, it is the BUYER's responsibility to take the necessary precautions, including those related to viruses and similar harmful applications, so that they are protected by the BUYER and cannot be accessed by unrelated persons.
2. On other sites accessed from the Website, their own privacy-security policies and terms of use are valid, and the Nova Bella is not responsible for any conflicts that may arise and their negative consequences.

1. The BUYER accepts, declares, and undertakes that he/she will confirm this Agreement electronically for the delivery of the product subject to the contract, and if the contract product price is not paid for any reason and/or is canceled in the bank records, the Nova Bella's obligation to deliver the contractual product will end. 

1. VIII.After the delivery of the product subject to the contract to the person and/or organization at the address indicated by the BUYER or the BUYER, as a result of the unfair use of the BUYER's credit card by unauthorized persons, if the price of the product subject to the contract is not paid to the Nova Bella by the relevant bank or financial institution. It accepts, declares, and undertakes that it will return it to the Nova Bella within 3 days at the Nova Bella's expense. 

1. The BUYER shall inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.

1. If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the Nova Bella shall provide 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 request the BUYER to submit a letter from the bank of the card holder stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the aforementioned requests are not met within 24 hours, the Nova Bella has the right to cancel the order.

1. The BUYER declares and undertakes that the personal and other information provided while subscribing to the website belonging to the Nova Bella are true, and that the Nova Bella will immediately indemnify all damages, in cash and in advance, upon the first notification of the Nova Bella, due to the falseness of this information.

1. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal regulations and not to violate them when using the website of the Nova Bella. Otherwise, all legal and penal liabilities to arise will bind the BUYER completely and exclusively.

1. XIII.The BUYER may not use the Nova Bella's website in any way that disrupts public order, violates public morality, disturbs, and harass others, for an unlawful purpose, infringing on the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.

ARTICLE 7 – RIGHTS AND OBLIGATIONS OF NOVA BELLA

1. Nova Bella is obliged to supply the products purchased by the Buyer fully and free from defect, on the condition that the stock is available on the website. The buyer is obliged to inspect the relevant products as soon as they receive them and give a notice of defect within fourteen days at the latest. Otherwise, the Buyer loses its rights to remedy such defect. If the product is defective due to the customization, the product is non-returnable and non-exchangeable. However, if Nova Bella accepts that the product is defective, the conditions regarding the product’s modification are reserved.

1. Nova Bella will supply the products that it sells online in the sizes and measurements specified by the Buyer. Nova Bella does not have any liability if Buyer’s measurements differ from the order date.

1. Nova Bella will notify the Buyer when and how they ship the products, at the Buyer’s cost.

1. Nova Bella has the right to collect the product price by credit, debit card, money order or EFT and other methods. Nova Bella shall not be responsible for the errors and delays that may arise from banks and collection agents. In such a case, the Buyer may be under the obligation to pay once again.

1. Nova Bella reserves the right to make changes to the website and to determine the stock unilaterally and without any justification. The buyer cannot claim rights to products that have been booked or attempted to be purchased before such change is made.

1. Nova Bella’s obligation to ship the product ends with the delivery to the cargo company  by stating Buyer’s address. At this point, Nova Bella is excluded from any liability in case the carrier cannot deliver the product or the persons at the Buyer’s address do not receive the product.

1. The Nova Bella reserves the right to make any changes it deems necessary on the above issues; These changes will become effective as soon as they are announced by the Nova Bella on the Website or by other appropriate methods.

1. VIII.The Nova Bella may supply a different product with equal quality and price, by informing the BUYER and by obtaining its explicit approval before the contractual performance obligation expires. 

1. The Nova Bella's address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated later by him, via letter, e-mail, SMS, phone call and other means, communication, marketing, notification and has the right to reach the BUYER for other purposes. By accepting this contract, the BUYER accepts and declares that the Nova Bella may engage in the above-mentioned communication activities.

1. The Nova Bella accepts, declares and undertakes to notify the BUYER of the situation if the product subject to the contract cannot be delivered in due time due to force majeure situations that develop outside the will of the parties, are unpredictable and prevent and / or delay the fulfillment of the obligations of the parties. The BUYER also has the right to demand from the Nova Bella the cancellation of the order, the replacement of the product subject to the contract with its precedent, if any, and/or the delay of the delivery period until the obstacle is removed. In case the order is canceled by the BUYER, the product amount is paid to him in cash and in full within 14 days in the payments made by the BUYER in cash. In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER may take 2 to 3 weeks on average for the amount returned to the credit card by the Nova Bella to be reflected to the BUYER's account by the bank. accepts, declares and undertakes that it cannot be held responsible.
2. Links to other websites and/or other content that are not under the control of the Nova Bella and/or owned and/or operated by other third parties may be given over the website of the Nova Bella. These links are provided for the purpose of providing ease of orientation to 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.

1. The member who violates one or more of the articles listed in this contract will be personally and criminally responsible for this violation and will keep the Nova Bella free from the legal and penal consequences of these violations. Moreover; In the event that the event is transferred to the legal field due to this violation, the Nova Bella reserves the right to claim compensation against the BUYER due to non-compliance with the membership agreement.

1. XIII.The company always reserves the right to make changes on the prices and offered products and services.

1. XIV.The company accepts and undertakes that the member will benefit from the contracted services, excluding technical failures.

ARTICLE 8 – INTELLECTUAL AND INDUSTRIAL RIGHTS AND PROTECTION OF PERSONAL DATA.

1. The Parties accept, declare and undertake that rights of adaptation, reproduction, distrubition, performance and the right to Communicate the Work to Public by Devices Enabling the Transmission of Signs, Sounds and/or Images (including copyright) regarding all the products and services subject to this Agreement belong  exclusively to Nova Bella.

1. Products and designs specially designed by Nova Bella for the Buyer will not be used, imitated, copied or made available to third parties even if they are changed by Buyer.

1. Along with the scope of this article, Buyer is under criminal and legal liability  within the framework of legal statute and Nova Bella reserves its rights to claim and action.

1. The recipient has agreed to read the text of clarification and consent regarding the Personal Data Protection Law at Nova Bella and agrees to process the personal data in accordance with the relevant laws.

ARTICLE 9– FORCE MAJEURE

Nova Bella is obliged to notify the Buyer if the delivery of the product subject to this contract cannot be delivered within due time due to force majeure or extraordinary situations such as adverse weather conditions preventing shipping, interruption of transportation. In this case, the Buyer can use the right to postpone the delivery period until the impending condition is over. Buyer accepts, declares and undertakes that he/she knows that he / she can only exercise his right to postpone in case of a force majeure that did not exist on the date of the contract. This situation results from the products being customized . In such a case, Nova Bella will send the relevant order to the Buyer after the force majeure ends.

ARTICLE 10 - RIGHT OF WITHDRAWAL

1. BUYER; In the event that the distance contract is related to the sale of goods, the product itself or the person / organization at the address indicated, within 14 (fourteen) days from the date of delivery, on the condition of notifying the Nova Bella, he can use his right to withdraw from the contract by rejecting the goods without taking any legal or criminal responsibility and without giving any reason. In distance contracts related to service provision, this period starts from the date of signing the contract. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the Nova Bella. By accepting this contract, the BUYER accepts in advance that he has been informed about the right of withdrawal.

1. In order to exercise the right of withdrawal, a written notification must be given to the Nova Bella by registered mail, fax or e-mail within 14 (fourteen) days and the product must not be used within the framework of the provisions of the "Products for which the Right of Withdrawal cannot be exercised" regulated in this contract. If this right is exercised.

1. 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 with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued.)
2. Return form,
3. The products to be returned must be delivered complete and undamaged, together with the box, packaging, and standard accessories, if any.
4. The Nova Bella is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notification and to return the goods within 20 days.
5. 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 Nova Bella's losses at the rate of the BUYER's fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the goods or products within the period of the right of withdrawal.
6. In case of falling below the campaign limit amount set by the Nova Bella due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is cancelled.
1. Products that cannot be used with the right of withdrawal;
1. Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the Nova Bella or supplier.
2. Contracts for goods prepared in line with the consumer's wishes or personal needs.
3. Contracts for the delivery of perishable or expired goods.,
4. From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is unsuitable in terms of health and hygiene.
5. Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
6. Contracts for books, digital content and computer consumables, data recording and data storage devices offered in material media, in case the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
7. Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under the subscription contract.
8. Contracts for accommodation, carriage, car rental, catering and leisure time for entertainment or recreation, which must be made on a specified date or period.
9. Contracts for services performed instantly in the electronic environment or for intangible goods delivered instantly to the consumer.
10. Contracts for services that are started to be performed with the approval of the consumer, before the expiry of the right of withdrawal.
11. Unopened, untested, unopened packages for the return of cosmetics and personal care products, underwear products, swimwear, bikinis, books, copyable software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, tape, etc.), They must be intact and unused.
2. In accordance with this contract, wedding dresses etc. Personal requests specified when purchasing such clothes are taken as an order and production starts immediately; After this stage, the right of withdrawal cannot be used. Additional changes and requests to be made by the BUYER after the first order stage will be priced separately by the Nova Bella.
3. The BUYER cannot exercise the right of withdrawal for the products that are produced in accordance with the special requests and demands of the BUYER or that have been personalized by making changes or additions. In addition, the BUYER cannot exercise its right of withdrawal in the case of products that cannot be returned due to their nature, that are likely to deteriorate rapidly or expire.
4. Pursuant to this contract, wedding dresses etc. When the deposit of the product or the full balance of the product is received, the order for that date is created and the process begins. Therefore, any product that has not been delivered to the BUYER, which is still in production, cannot be changed or returned while it is at the order stage. For this reason, the RIGHT OF WITHDRAWAL is within the scope of the PRODUCT THAT CANNOT BE USED.

ARTICLE 11– OTHER PROVISIONS

1. In the absence of any relevant provision in this contract and its annexes, the Law No. 6502 on the Protection of Consumers and the Turkish Commercial Code for trade companies and merchants shall apply.

1. The company may, at any time, change the services offered on the site, partially or completely, the terms of this contract and its annexes. Changes will be effective from the date of publication on the site. It is the BUYER's responsibility to follow the changes. The BUYER shall be deemed to have accepted these changes by continuing to benefit from the services offered.

1. The user must provide accurate, complete, and up-to-date registration information. Otherwise, this Agreement will be deemed to have been violated and the account may be closed without informing the User.
2. The user is responsible for the password and account security on the site and third-party sites. Otherwise, the Company cannot be held responsible for data loss and security breaches or damage to hardware and devices.

1. This contract clause shall apply to the maximum extent permitted by applicable law. The services offered by the Company are provided on an "as is" and "as available" basis and are expressly or implied with respect to the services or application (including any information contained therein), including any implied warranties of merchantability, fitness for a particular purpose or non-infringement. makes no warranty of any kind, statutory or otherwise.

1. If one of the terms of this contract becomes partially or completely invalid, the rest of the contract will continue to be valid.

1. Disputes arising from the implementation of this contract and its annexes are settled in Istanbul Central Courts. Turkish Law shall apply to the contract.

1. VIII.In case of dispute, Nova Bella’s information, documents and commercial books shall constitute definitive evidence.

1. This contract consists of 11 articles and Nova Bella has the right to change the contract unilaterally.

NOVA BELLA GELİNLİK İÇ VE DIŞ TİCARET LİMİTED ŞİRKETİ

BUYER