Distance Sales Agreement
BITTER COLORS TEKSTİL SANAYİ VE TİCARET LİMİTED ŞİRKETİ
DISTANCE SALES AGREEMENT
This Distance Sales Agreement has been prepared within the scope of the Law on the Protection of Consumers and the Regulation on Distance Contracts in relation to the order you have placed.
1. PARTIES
a. SELLER INFORMATION (hereinafter “BitterColors”)
Trade Name: Bitter Colors Tekstil Sanayi ve Ticaret Limited Şirketi
MERSIS Number: 0168120903300001
Address: Beğendik Mah. Köşe Beğendik Cad. No: 34 Hacılar / Kayseri, Turkey
Phone:
Email: info@bittercolors.com
Website: https://bittercolors.com/
b. BUYER INFORMATION
Full Name / Trade Name:
Address:
Username:
Phone:
Email:
2. SUBJECT OF THE AGREEMENT
The subject of this Sales Agreement is to determine the rights and obligations of the parties in accordance with Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product(s) ordered electronically by the BUYER from https://bittercolors.com/, the qualifications and sales price of which are specified below.
The BUYER acknowledges and declares that they have been informed about all preliminary information regarding the PRODUCT subject to sale, including its essential characteristics, sales price, payment method, delivery conditions, etc., as well as the right of withdrawal; that they confirmed such preliminary information electronically; and that they subsequently placed the order, all in accordance with the provisions of this Agreement. The Preliminary Information Form and the invoice are integral parts of this Agreement. Once the order is completed, the BUYER shall be deemed to have accepted all terms of this Agreement.
The type and kind, quantity, brand/model, color, and sales price including all taxes of the product are as stated on the product presentation page on the website [https://bittercolors.com/], in the Preliminary Information Form which is an integral part of this Agreement, in this Agreement, and on the invoice.
BitterColors is not responsible for price update errors arising from technical reasons. The preliminary information and the provisions of this Agreement are sent to the email address provided by the BUYER to BitterColors, and such email also includes the confirmation that the order has been received together with the order summary.
By accepting the Preliminary Information Form, the BUYER acknowledges and declares in advance that if they approve the order subject to this Agreement, they will be under the obligation to pay the order amount and, if applicable, additional charges such as shipping fees and taxes, and that they have been informed accordingly.
3. DEFINITIONS
Unless otherwise expressly stated, the terms used in this Agreement shall have the meanings set forth below:
a. BUYER: The person who is registered on the Website or who makes a purchase without registration, or a third person designated by such person.
b. SELLER: Bitter Colors Tekstil Sanayi ve Ticaret Limited Şirketi.
c. SELLER BRAND: All commercial trademarks, trade names, business names, slogans, labels, logos and other commercial symbols belonging to the Seller, its affiliates and/or other companies in which its partners/shareholders hold shares, whether registered or unregistered but used in commercial life in Türkiye or another country, in relation to the Products under this Agreement.
d. SELLER PRODUCTS: BitterColors-branded products manufactured, commissioned, or imported by the Seller, or other branded products for which the Seller holds a license right as permitted by third parties.
e. STANDARD PRODUCT: Standard products whose characteristics are not changed in line with the BUYER’s requests or personal needs.
f. PERSONALIZED PRODUCT: Products prepared in line with the BUYER’s requests or personal needs. For example, scarves and shawls whose fabric color/type is changed, products with embroidery or stitching, and/or products manufactured to special measurements fall within this category.
g. HYGIENE PRODUCT(S): Products for which return is deemed not suitable for health and hygiene reasons once protective elements such as packaging, tape, seal, or parcel have been opened, including but not limited to underwear or other textile products.
h. CARGO-DELIVERED PRODUCT: Products whose delivery is carried out by contracted cargo companies.
i. VIRTUAL POS: The credit card payment method used in an electronic environment.
j. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS: All elements that are the product of intellectual labor regardless of whether they have economic value, including: (i) all economic and moral rights and related rights in a work; (ii) all patents including applications, processes, partial applications, divisional applications, foreign applications, and renewals/re-examinations/extensions; (iii) all know-how, trade secrets, business methods, sales and marketing strategies, inventions, data, processes, techniques, procedures, arrangements, devices, methods, formulas, protocols, and information, whether registrable or not; (iv) copyrightable works, copyrights and applications, registrations and renewals; (v) logos, business names, trade names, trademarks and all related applications/registrations, licenses or contractual rights of use, whether registered or not; (vi) registered or unregistered designs and other intellectual property rights; and (vii) copies and tangible inseparable parts related to one or more of the foregoing; covering all intellectual, industrial, material and moral property rights of the Producer, including related license and usage rights, without limitation.
k. PLATFORM: The website https://bittercolors.com/ where the goods specified in this Agreement are offered, along with all related domain websites, mobile applications, and social media accounts (Twitter, Instagram, Facebook, and others), the ownership and all intellectual and industrial rights of which belong to Bitter Colors Tekstil Sanayi ve Ticaret Limited Şirketi and/or its affiliates under Law No. 6769 and Law No. 5846; and the private virtual page through which transactions can be carried out, requested company/personal information can be entered, and sales transaction details can be tracked.
l. KVKK: Turkish Personal Data Protection Law No. 6698 and secondary legislation.
m. TKHK: Law No. 6502 on the Protection of Consumers and secondary legislation.
4. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE AGREEMENT
The essential characteristics of the goods/product(s)/service (type, quantity, brand/model, color, number) are available on BitterColors’ website at https://bittercolors.com/. The BUYER acknowledges that they have reviewed the essential characteristics of the Product on the sales website https://bittercolors.com/. The BUYER accepts that the model, color, size, and quantity information of the products subject to the order are included in the Preliminary Information Form and that they ordered the products stated therein upon liking them. It is known that accessories included in promotional images but not stated in the Preliminary Information Form are outside the scope of the order.
Prices listed and announced on the website are retail sales prices including all taxes. Announced prices and campaigns are valid for the specified period and under the conditions stated in the campaign details (campaign duration, stock limitation, special day campaigns), without prejudice to special conditions. Time-limited campaign prices are valid within the stated time intervals.
The total sales price of the goods or services subject to this Agreement, including all taxes, is shown below:
PRODUCT SUBJECT TO ORDER
Quantity
Unit Price
VAT
Total
Product Description
(………….*………………)
(Basic features provided on the website)
Size / dimensions / qualities
Shipping Fee
Order Total:
5. PAYMENT AND DELIVERY INFORMATION
a. PAYMENT
Payment via Virtual POS with Bank or Credit Card
The section above includes information about how many installments the order total will be paid to the bank you work with. Your bank may run various campaigns and may offer installment numbers above the options we provide and services such as installment deferral. Such campaigns are under the responsibility of your bank; we have no responsibility if the bank does not apply them. Your bank will reflect the order total to your credit card statement by dividing it into the number of installments. The bank may not distribute installment amounts equally across months by taking fractional differences into account. The preparation of your detailed payment plan is carried out by your bank.
If the BUYER prefers payment by bank transfer/EFT, the bank IBAN information on https://bittercolors.com/ is shared via membership. The order will be approved after the payment reaches the BitterColors bank account. The BUYER must write the order number in the description section of the transfer.
b. DELIVERY INFORMATION
Except for all exceptions stated on the website, the shipping and/or transportation fee, which is the dispatch cost of the Product, shall be paid by the BUYER. The shipping fee is ……….. TL, and these amounts are added to the order total. It is not included in the product price. Delivery will be made to the BUYER’s address stated above via the contracted cargo company. Even if the BUYER is not present at the address at the time of delivery, the SELLER shall be deemed to have performed its obligation fully and completely. Therefore, BitterColors is not responsible for damages and expenses arising from the BUYER’s late receipt and/or failure to receive the product.
Delivery cannot be made to islands, overseas locations, or abroad. When the PRODUCT(s) to be sent by cargo are handed over to the cargo company, the relevant cargo company and tracking number are shared with the BUYER via SMS and/or email. The rules regarding the delivery process are determined by the cargo company.
Delivery times for products other than those that are not available in stock and are prepared upon the BUYER’s request (and therefore produced after the order) shall be within the periods specified in the legislation. In sales of goods, except for contracts regarding goods prepared in line with the consumer’s requests or personal needs, this period cannot exceed thirty (30) days in any case.
6. GENERAL PROVISIONS
a. The BUYER accepts, declares and undertakes that they have read the preliminary information regarding the essential characteristics, sales price, payment method, and delivery of the product subject to this Agreement on BitterColors’ website, that they are informed, and that they have provided the necessary confirmation electronically. The BUYER’s electronic confirmation of the Preliminary Information means that BitterColors has informed the BUYER before the conclusion of the distance sales contract; and the BUYER accepts, declares and undertakes that they have obtained accurate and complete information regarding the essential characteristics of the ordered goods, the right of withdrawal and circumstances where it cannot be used, the price including taxes, payment and delivery information.
b. Delivery and, if stated, installation shall be made by BitterColors and/or its contracted company to the BUYER’s address stated above. Even if the BUYER is not present at the address at delivery, BitterColors shall be deemed to have fully and completely performed its obligation. Therefore, BitterColors is not responsible for damages and expenses arising from the BUYER’s late receipt and/or failure to receive the product.
c. BitterColors may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit approval before delivery.
d. In cases where fulfillment of the ordered goods or service becomes impossible, BitterColors accepts that it will inform the BUYER within 3 (three) days from the date it learns of such situation, and will refund collected payments to the BUYER within 14 (fourteen) days from the notification date. The BUYER accepts, declares and undertakes that since the reflection of the amount refunded to the BUYER’s credit card onto the BUYER’s accounts after the bank refund is entirely related to the bank’s transaction process, the BUYER cannot hold BitterColors responsible for possible delays.
e. BitterColors has the right to contact the BUYER for purposes such as communication, marketing, notifications, and customer satisfaction surveys via email, SMS, phone calls and other means through the address, email, landline/mobile phone numbers and other contact information declared by the BUYER during membership registration or later updated by the BUYER. By accepting this Agreement, the BUYER acknowledges and declares that they have given consent to BitterColors for the above communication activities within the meaning of Law No. 6563 on the Regulation of Electronic Commerce.
f. The BUYER must inspect the goods/service before accepting delivery. Dented, broken, torn packaging, etc. damaged or defective packages must not be accepted from the person or organization delivering them. Goods/services received shall be deemed undamaged and intact. After delivery, the duty to protect the goods/service with due care belongs to the BUYER.
g. The BUYER declares and undertakes that the personal and other information provided while becoming a member of BitterColors’ website is true, and that they will immediately compensate, in cash and in full, for all damages incurred by BitterColors due to the falsity of such information upon BitterColors’ first notice. The BUYER accepts, declares and undertakes that they give explicit consent and approval for BitterColors to obtain, record, store, modify, reorganize, take over, make accessible, classify, block use, preserve, update, transfer, disclose, process in the ways specified in KVKK, transfer to real and legal persons, and perform all kinds of operations on their personal data, whether by fully or partially automatic or non-automatic means, and to disclose to third parties permitted by law.
h. The BUYER accepts and undertakes in advance to comply with legal legislation while using BitterColors’ website and not to violate it. Otherwise, all legal and criminal liabilities that may arise shall be exclusively binding on the BUYER.
i. The BUYER may not use BitterColors’ website in any manner that disrupts public order, violates general morality, disturbs or harasses others, for unlawful purposes, or in a way that infringes upon others’ material or moral rights. In addition, the member may not engage in activities (spam, virus, trojan, etc.) that prevent or make it difficult for others to use the services.
j. Links may be provided on BitterColors’ website to other websites and/or other content not under BitterColors’ control and/or owned and/or operated by third parties. These links are provided to facilitate navigation for the BUYER and do not constitute support for any website or its operator, nor do they provide any guarantee regarding the information contained on the linked website.
k. A BUYER who violates one or more of the clauses listed in this Agreement shall be personally liable criminally and legally for such violation, and BitterColors shall have no liability for such violations. In addition, in case of violation, BitterColors reserves the right to claim compensation from the BUYER due to non-compliance with the membership agreement.
7. RIGHT OF WITHDRAWAL
a. If the BUYER is a Consumer under Law No. 6502:
In distance contracts regarding the sale of goods, the BUYER may exercise the right of withdrawal within 14 (fourteen) days by notifying the SELLER, without assuming any legal or criminal liability and without providing any reason, by rejecting the goods and withdrawing from the contract. The BUYER may also exercise the right of withdrawal during the period up to delivery. During the withdrawal period, the BUYER may use the goods only to the extent required by ordinary inspection and in accordance with the operation, technical characteristics and instructions for use.
b. Determination of the Withdrawal Period:
• In goods delivered separately within a single order, the day the last good is delivered to the BUYER or the third person designated by the BUYER,
• In goods consisting of more than one piece, the day the last piece is delivered to the BUYER or the third person designated by the BUYER,
• In contracts where delivery of goods and performance of services are together, the withdrawal provisions regarding delivery of goods apply.
c. To exercise the right of withdrawal, the BUYER must notify BitterColors within the 14 (fourteen) day period. Withdrawal notification can be made via https://bittercolors.com/. BitterColors will immediately send the BUYER a confirmation that the withdrawal request submitted via the website has been received. The BUYER must fill out the return request form on the relevant page and send the goods back to BitterColors within 14 days from the notification date.
d. The carrier designated within the scope of the right of withdrawal is the RELEVANT CARGO OR TRANSPORT COMPANY, and details regarding return shipment are explained on the membership page at https://bittercolors.com/. If the return is not made within the scope of the right of withdrawal, the return delivery cost belongs to the BUYER.
e. BitterColors is obliged to refund the payments collected, including delivery costs if any, within 14 days from the date the notification that the BUYER exercised the right of withdrawal reaches BitterColors. The BUYER accepts, declares and undertakes that the average period for the bank to reflect the amount refunded to the credit card into the BUYER’s account may take 2 to 3 weeks, and since the reflection of the amount to the BUYER’s accounts after the bank refund is entirely related to the bank transaction process, the BUYER cannot hold BitterColors responsible for possible delays.
f. If the BUYER exercises this right:
• The invoice of the product delivered to a third person or the BUYER (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution. Returns of orders invoiced to institutions cannot be completed unless a RETURN INVOICE is issued.)
• Submitting the return form or filling out the return request form via https://bittercolors.com/
• Delivering the products to be returned completely and undamaged, together with their box, packaging, and standard accessories, if any
• If there is a decrease in the value of the goods due to the BUYER’s fault or return becomes impossible, the BUYER is obliged to compensate BitterColors for its damages.
8. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
• PERSONALIZED PRODUCTS: Contracts regarding goods prepared in line with the BUYER’s requests or personal needs (special measurements/fabric/color changes/creating a set by combining individual products with a set excluding the standard set),
• Products whose protective packaging elements such as packaging, tape, seal, parcel have been opened after delivery,
• HYGIENE PRODUCTS: Contracts regarding the delivery of goods unsuitable for return due to health and hygiene reasons, including but not limited to home textiles and bedding products such as duvet covers, mattress protectors, pillows,
• Products used beyond ordinary inspection.
9. DISPUTE RESOLUTION
The BUYER may submit complaints and objections, within the monetary limits specified in the relevant legislation, to the Consumer Arbitration Committee or Consumer Court located at the BUYER’s place of residence or where the consumer transaction was carried out.
In disputes arising from this Distance Sales Agreement: up to the value announced annually by the Ministry of Trade, Provincial/District Consumer Arbitration Committees are authorized; for disputes above such value, Consumer Courts are authorized, provided that the requirement to apply to mediation before filing a lawsuit is fulfilled pursuant to Law No. 6502.
Information on the monetary limit:
Effective as of 01/01/2026, the value for applications to consumer arbitration committees for 2026 is 186,000 TL.
10. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults in cases where payment is made by credit card, the BUYER accepts, declares and undertakes that they will pay interest and be responsible to the bank within the framework of the credit card agreement between the cardholder and the bank. In such case, the bank may pursue legal remedies and may claim the expenses and attorney fees from the BUYER. In any case, if the BUYER defaults due to their debt, the BUYER accepts, declares and undertakes to pay for BitterColors’ losses and damages arising from delayed performance.
11. EFFECTIVENESS
When the BUYER completes payment for the order placed through the Site, the BUYER shall be deemed to have accepted all terms of this Agreement. The SELLER is obliged to make the necessary software arrangements to obtain approval from the BUYER that this Agreement has been read and accepted on the Site before the order is completed.
12. OTHER PROVISIONS
In the resolution of any disputes arising from and/or in connection with this Agreement, BitterColors records (including magnetic media records such as computer/audio records) constitute conclusive evidence.
During the performance of this Agreement, the parties’ waiver of one or more rights and powers granted to them and/or their tolerance regarding such rights shall not be construed as a waiver of such rights, and shall not prejudice, affect, or restrict those rights and powers.
If any clause, sub-clause, or provision of this Agreement is found to be unenforceable or invalid, this shall not affect the enforceability or validity of the remaining clauses, sub-clauses, or provisions.
SELLER:
BITTER COLORS TEKSTİL SANAYİ VE TİCARET LİMİTED ŞİRKETİ
(MERSIS: 0168120903300001)
Beğendik Mah. Köşe Beğendik Cad. No: 34 Hacılar / Kayseri
info@bittercolors.com
BUYER:
