DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement has been concluded between the following parties within the framework of the terms and conditions set forth below.
A. ‘BUYER’; (hereinafter referred to as the “BUYER” in this Agreement)
B. ‘SELLER’; (hereinafter referred to as the “SELLER” in this Agreement)
By accepting this Agreement, the BUYER acknowledges in advance that, upon confirming the order subject to this Agreement, they will be obliged to pay the order amount and any additional charges such as shipping costs and taxes, if applicable, and that they have been duly informed thereof.
2. DEFINITIONS
For the purposes of the implementation and interpretation of this Agreement, the terms listed below shall have the meanings indicated opposite them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: The Distance Contracts Regulation (Official Gazette: 27.11.2014/29188),
SERVICE: The subject matter of any consumer transaction involving the provision of services, other than the supply of goods, performed or undertaken in return for a fee or benefit,
SELLER: The company that offers goods to consumers within the scope of its commercial or professional activities, or acts on behalf of or for the account of the person offering such goods,
BUYER: A natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The website belonging to the SELLER,
ORDERING PARTY: The natural or legal person requesting a good or service through the SELLER’s website,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This Agreement concluded between the SELLER and the BUYER,
GOODS: Movable property subject to purchase, as well as intangible goods such as software, audio, video, and similar products prepared for use in an electronic environment.
3. SUBJECT MATTER
This Agreement regulates the rights and obligations of the parties concerning the sale and delivery of the product ordered electronically by the BUYER through the SELLER’s website, whose characteristics and sales price are specified below, in accordance with Law No. 6502 on Consumer Protection and the provisions of the Regulation on Distance Contracts.
The prices listed and advertised on the website are sales prices. The advertised prices and offers remain valid until updated or changed. Prices advertised for a specific period remain valid until the end of the specified period.
4. SELLER INFORMATION
Trade Name: “ARTOESO” Esin Ergin
Address: Çınarcık - Yalova / Türkiye
Telephone: 0535 682 87 82
Email: artoesodesign@gmail.com
5. BUYER INFORMATION
Person to whom the order will be delivered
Delivery Address
Telephone
Fax
Email/Username
6. ORDERING PARTY INFORMATION
Name/Surname/Trade Name
Address
Telephone
Fax
Email/Username
7. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE AGREEMENT
7.1. The essential characteristics of the goods/product(s)/service(s), including type, quantity, brand/model, color, and number of units, are published on the SELLER’s website.
7.2. The prices listed and advertised on the website are sales prices. The advertised prices and offers remain valid until updated or changed. Prices advertised for a specific period remain valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the Agreement, including all applicable taxes, is shown below. In addition, after the order has been completed, the order details will be sent to the BUYER by email.
Product Description
Quantity/Unit Price
Subtotal (Including VAT)
Shipping Cost
Total
Payment Method and Plan
Delivery Address
Person to Whom the Order Will Be Delivered
Billing Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping cost incurred for the shipment of the product shall be paid by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Trade Name
Address
Telephone
Fax
Email/Username
Invoice Delivery: The invoice will be delivered together with the order to the billing address at the time of order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes that they have read and obtained information regarding the essential characteristics of the product subject to the Agreement, its sales price, payment method, and preliminary information concerning delivery on the SELLER’s website, and that they have provided the necessary confirmation electronically. The BUYER acknowledges, declares, and undertakes that, by electronically confirming the Preliminary Information, they have accurately and completely obtained the address, essential characteristics of the products ordered, prices of the products including taxes, and payment and delivery information that must be provided by the SELLER to the BUYER before the conclusion of the distance sales agreement.
9.2. Each product subject to the Agreement shall be delivered to the BUYER or to the person and/or organization at the address designated by the BUYER within the period specified in the preliminary information section of the website, depending on the distance from the BUYER’s place of residence, provided that this period does not exceed the statutory period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the Agreement.
9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the Agreement in full, in accordance with the specifications stated in the order and, where applicable, together with warranty certificates, user manuals, and any information and documents required for the product; to perform its obligations in accordance with applicable legislation, free from defects, sound and compliant with standards, in accordance with the principles of accuracy and good faith; to maintain and improve service quality; and to exercise the necessary care and diligence and act with due prudence and foresight during the performance of its obligations.
9.4. Before the performance period arising from the Agreement expires, the SELLER may supply a different product of equal quality and price, provided that the BUYER is informed and gives their explicit consent.
9.5. If the SELLER becomes unable to fulfill its obligations under the Agreement because fulfillment of the ordered product or service becomes impossible, the SELLER accepts, declares, and undertakes to notify the consumer in writing within 3 days from the date on which it becomes aware of such impossibility and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER acknowledges that they will electronically confirm this Agreement for delivery of the product subject to the Agreement, and that if the price of the product subject to the Agreement is not paid for any reason and/or the payment is cancelled in bank records, the SELLER’s obligation to deliver the product subject to the Agreement shall cease.
9.7. If, after delivery of the product subject to the Agreement to the BUYER or to the person and/or organization at the address designated by the BUYER, the price of the product subject to the Agreement is not paid to the SELLER by the relevant bank or financial institution as a result of unauthorized and fraudulent use of the BUYER’s credit card by third parties, the BUYER agrees to return the product subject to the Agreement to the SELLER within 3 days.
9.8. If the SELLER cannot deliver the product subject to the Agreement within the specified period due to force majeure, such as circumstances arising beyond the control of the parties that could not reasonably have been foreseen in advance and that prevent and/or delay the parties from fulfilling their obligations, the SELLER agrees to notify the BUYER. The BUYER shall have the right to request from the SELLER the cancellation of the order, replacement of the product subject to the Agreement with an equivalent product, if available, and/or postponement of delivery until the circumstances preventing delivery have ceased. If the BUYER cancels the order, in the case of payments made in cash, the product amount shall be paid to the BUYER in cash and in full within 14 days. In the case of payments made by credit card, the product amount shall be refunded to the relevant bank within 14 days after the order is cancelled by the BUYER. The BUYER acknowledges, declares, and undertakes that the average period for the amount refunded to the credit card by the SELLER to be reflected in the BUYER’s account by the bank may take 2 to 3 weeks, and that since the reflection of the amount in the BUYER’s account after the refund to the bank is entirely related to the bank’s processing procedures, the SELLER shall not be held responsible for any potential delays.
9.9. The SELLER has the right to contact the BUYER through the address, email address, landline and mobile telephone numbers, and other contact information provided by the BUYER in the registration form on the website or subsequently updated by the BUYER, by letter, email, SMS, telephone call, or other means for communication, marketing, notification, and other purposes. By accepting this Agreement, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities with them.
9.10. The BUYER shall inspect the goods/services subject to the Agreement before accepting delivery and shall not accept goods/services that are damaged or defective, such as dented, broken, or with torn packaging, from the courier company. Goods/services accepted upon delivery shall be deemed to have been received undamaged and in good condition. After delivery, the BUYER shall be responsible for properly safeguarding the goods/services. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned.
9.11. If the holder of the credit card used during the order is not the same person as the BUYER, or if a security vulnerability concerning the credit card used for the order is detected before delivery of the product to the BUYER, the SELLER may request from the BUYER that they provide the identity and contact information of the credit card holder, a statement for the previous month relating to the credit card used for the order, or a letter from the cardholder’s bank confirming that the credit card belongs to the cardholder. The order shall be suspended until the BUYER provides the requested information/documents. If the requested information/documents are not provided within 24 hours, the SELLER shall have the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided when registering on the SELLER’s website is accurate and truthful, and that the BUYER shall immediately compensate the SELLER, in cash and in full, upon the SELLER’s first notification, for all losses incurred by the SELLER due to the inaccuracy of such information.
9.13. The BUYER agrees and undertakes in advance to comply with applicable legal regulations and not to violate them when using the SELLER’s website. Otherwise, all resulting civil and criminal liabilities shall be borne entirely and exclusively by the BUYER.
9.14. The BUYER may not use the SELLER’s website in any manner that disrupts public order, violates general morality, disturbs or harasses others, serves an unlawful purpose, or infringes upon the material or moral rights of others. In addition, members may not engage in activities that prevent or make it difficult for others to use the services, such as spam, viruses, Trojan horses, etc.
9.15. The SELLER’s website may contain links to other websites and/or other content that are not under the SELLER’s control and/or are owned and/or operated by third parties. These links are provided solely for the convenience of the BUYER and do not constitute an endorsement of any website or the person operating such website, nor do they constitute any guarantee regarding the information contained on the linked website.
9.16. Any member who violates one or more of the provisions set forth in this Agreement shall be personally liable, both civilly and criminally, for such violation and shall hold the SELLER harmless from the civil and criminal consequences of such violations. Furthermore, if such violation is brought before the courts, the SELLER reserves the right to claim compensation from the member for breach of the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. In the event that the distance contract concerns the sale of goods, the BUYER may exercise the right of withdrawal within 14 (fourteen) days from the date on which the product is delivered to the BUYER or to the person/organization at the address designated by the BUYER, provided that the SELLER is notified, without assuming any legal or criminal liability and without giving any reason. By accepting this Agreement, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, the SELLER must be notified in writing by registered mail, fax, or email within the 14 (fourteen)-day period, and the product must not have been used in accordance with the provisions of this Agreement under “Products for Which the Right of Withdrawal Cannot Be Exercised.” In the event that this right is exercised,
a) The invoice for the product delivered to the third party or to the BUYER
b) The products to be returned must be delivered complete and undamaged together with their box, packaging, and standard accessories, if any.
c) The SELLER is obliged to refund the total amount and the documents placing the BUYER under an obligation within no later than 10 days from receipt of the withdrawal notification and to take back the goods within 20 days.
e) If the value of the goods decreases or the return becomes impossible for a reason attributable to the BUYER, the BUYER shall be liable to compensate the SELLER for its losses in proportion to the BUYER’s fault. However, the BUYER shall not be responsible for changes or deterioration resulting from the proper use of the goods or product during the withdrawal period.
f) If exercising the right of withdrawal causes the order to fall below the minimum campaign threshold determined by the SELLER, the discount amount granted under the campaign shall be cancelled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Goods that are liable to deteriorate rapidly or expire, products that are unsuitable for return for health and hygiene reasons if their packaging has been opened by the BUYER after delivery, products partially consumed by the BUYER, and products that, after delivery, become mixed with other products and cannot be separated due to their nature.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER makes payment by credit card and defaults on payment, the BUYER accepts, declares, and undertakes that they will pay interest and be liable to the bank within the framework of the credit card agreement between the cardholder and the bank. In such a case, the relevant bank may initiate legal proceedings and claim the resulting expenses and attorney’s fees from the BUYER. In all cases, if the BUYER defaults on their debt, the BUYER accepts, declares, and undertakes to compensate the SELLER for any losses and damages incurred due to the delayed performance of the debt.
13. COMPETENT COURT
In the implementation of this Agreement, Consumer Arbitration Committees up to the amount announced by the Ministry of Industry and Trade, as well as Consumer Courts at the place of residence of the BUYER or SELLER, shall have jurisdiction.
Upon completion of the order, the BUYER shall be deemed to have accepted all terms and conditions of this Agreement.
14. EFFECTIVENESS
When the BUYER makes the payment for the order placed through the Site, the BUYER shall be deemed to have accepted all terms and conditions of this Agreement. The SELLER is obliged to make the necessary software arrangements to obtain confirmation from the BUYER, prior to completion of the order, that the BUYER has read and accepted this Agreement on the Site.