DISTANCE SALES AGREEMENT AND PRE-INFORMATION FORM
ARTICLE 1 – PARTIES
SELLER:
JOHN MARTINE FRAGRANCES LIMITED COMPANY
Address: Level 1, One Mayfair Place, Mayfair Place, London, UK, W1J 8AJ
E-mail: info@johnmartinefragrances.com
BUYER:
The person purchasing products from www.johnmartinefragrances.com (hereinafter referred to as the “Buyer”).
ARTICLE 2 – SCOPE OF THE AGREEMENT
The subject of this Agreement is the sale and delivery of the products ordered electronically by the Buyer through www.johnmartinefragrances.com, together with the determination of the rights and obligations of the parties in accordance with the applicable consumer protection legislation and the provisions governing distance contracts.
By placing an order, the Buyer acknowledges and declares that they have been informed of the essential characteristics of the products, the sale price, payment method, delivery terms, and right of withdrawal, and that they confirm such information electronically before completing the purchase.
The pre-information form and invoice presented on www.johnmartinefragrances.com form an integral part of this Agreement. Once the order is completed, the Buyer shall be deemed to have accepted all terms of this Agreement.
ARTICLE 3 – PRODUCT INFORMATION
The products offered for sale by the Seller, together with their essential characteristics, materials, colour, sale price, and delivery terms, are specified on the relevant product pages of www.johnmartinefragrances.com.
ARTICLE 4 – GENERAL PROVISIONS
4.1 The parties to this Agreement are the Buyer and the Seller. All rights, obligations, and liabilities arising from the performance of this Agreement belong to the respective parties. This Agreement enters into force upon the Buyer’s electronic approval.
4.2 The Buyer acknowledges, declares, and undertakes that they have read and understood all information regarding the characteristics and sale conditions of the product subject to this Agreement and have given the necessary approval for its purchase.
4.3 The Seller is responsible for delivering the product to the courier in full, in good condition, and in accordance with the specifications stated in the order, together with any warranty documents and user manuals, where applicable.
4.4 The Seller shall deliver the product to the Buyer, or to the person or organisation designated by the Buyer at the delivery address provided, within the legal period of 30 days at the latest. This period may be extended by up to 10 additional days, provided that the Buyer is informed in advance.
4.5 If the product is to be delivered to a person or organisation other than the Buyer, the Seller shall not be held liable if such person or organisation refuses to accept delivery.
4.6 Delivery shall be made by the contracted courier service to the address specified by the Buyer at the time of purchase. If the recipient is not available at the delivery address, the Seller shall be deemed to have fulfilled its delivery obligation in full.
4.7 If, for any reason, the product price is not paid or is cancelled in the bank records, the Seller shall be released from the obligation to deliver the product.
4.8 Any costs and damages arising from delayed receipt of the product by the Buyer, storage of the product at the courier company, or return of the shipment to the Seller due to the Buyer’s fault shall be borne by the Buyer.
4.9 The Buyer is obliged to inspect the package upon delivery in the presence of the courier representative. If the package or product is found to be damaged or defective, the Buyer must refuse acceptance and request an official report from the courier. The Buyer must notify the Seller within 3 days and provide a copy of the report. The Seller shall then arrange a new and proper delivery as soon as possible.
4.10 Unless otherwise stated on the relevant product page, shipping costs for domestic deliveries are included in the product price. For international deliveries, shipping is free for orders over EUR 300. For orders below EUR 300, shipping costs shall be borne by the Buyer. Customs duties, insurance, and any other possible charges shall also be borne by the Buyer.
4.11 If, after delivery, the Buyer’s credit card is used unfairly or unlawfully by unauthorised persons due to the Buyer’s fault, and the relevant bank or financial institution does not pay the product price to the Seller, the Buyer must return the product to the Seller within 3 days. In such case, return shipping costs shall be borne by the Buyer.
4.12 The Seller provides information regarding product care and use on www.johnmartinefragrances.com. Products are covered by a 1-month warranty from the date of delivery, excluding defects arising from use, failure to follow care instructions, or misuse. Shipping expenses for products sent to the Seller for repair within the warranty conditions shall be borne by the Seller.
4.13 Where payment is made by credit card, interest rates and default interest are determined solely by the Buyer’s bank.
4.14 The Buyer acknowledges and undertakes that interest and default interest provisions shall apply within the scope of the credit card agreement between the Buyer and the bank, in accordance with the applicable legislation.
4.15 If the Buyer exercises the right of withdrawal, or if the ordered product cannot be supplied for any reason, the amount paid shall not be refunded in cash directly by the Seller. Once the Seller processes the refund through the bank, the relevant amount shall be credited back to the Buyer’s card by the bank.
4.16 In order for refunds to be processed in accordance with the applicable tax regulations, the relevant return sections of the invoice must be completed in full, signed, and returned to the Seller together with the product. The Buyer acknowledges and accepts this procedure.
ARTICLE 5 – RIGHT OF WITHDRAWAL
5.1 The Buyer has the right to withdraw from this Agreement within 7 days from the date of receipt of the goods, without giving any reason and without incurring any legal or criminal liability, by refusing the goods. In order to exercise the right of withdrawal, the Buyer must notify the Seller by fax, e-mail, or telephone within the same period, and the product must not have been used. If the right of withdrawal is exercised, the product price shall be refunded to the Buyer within 10 days. Costs arising from the exercise of the right of withdrawal shall be borne by the Seller.
5.2 In accordance with the Regulation on Distance Contracts, the right of withdrawal may not be exercised for goods produced specifically for the Buyer or customised in line with the Buyer’s special requests, or for goods whose price is determined on organised markets or stock exchanges.
5.3 For deliveries to the TRNC and Türkiye, and in cases where VAT or other taxes are not prepaid, the Buyer is responsible for paying customs taxes and related charges. The Buyer shall not have a right of withdrawal in respect of products that are not collected from customs.
ARTICLE 6 – DEFAULT AND FORCE MAJEURE
6.1 If either party fails to fulfil its obligations under this Agreement, the provisions relating to debtor’s default under Articles 106–108 of the applicable Code of Obligations shall apply. In the event of default, the non-defaulting party shall grant the defaulting party an additional period of 7 days to perform its obligations. If performance is still not made within this period, the non-defaulting party may request performance, demand delivery of the goods, or terminate the Agreement and request a refund.
6.2 If the Seller is unable to deliver the product within the agreed period due to force majeure or extraordinary circumstances such as interruption of transportation, adverse weather conditions, fire, earthquake, flood, or similar events beyond its reasonable control, the Seller shall not be held liable. In such cases, the Buyer may choose either to cancel the order or to accept postponement of the delivery until the obstacle is removed. If the Buyer cancels the order, the amount paid shall be refunded within 10 days.
ARTICLE 7 – COMPETENT AUTHORITY AND JURISDICTION
In disputes arising out of this Agreement, Consumer Arbitration Committees at the place of residence of the Buyer or Seller shall have jurisdiction up to the monetary threshold announced each year by the Ministry of Customs and Trade, and Consumer Courts shall have jurisdiction for disputes exceeding such amount.
This Agreement enters into force on the date of electronic approval by the Buyer.
The English version of this Agreement is provided for informational purposes only. In the event of any discrepancy or dispute, the Turkish version shall prevail.
SELLER:
JOHN MARTINE FRAGRANCES LIMITED COMPANY