Distance Sales Contract, Delivery and Return Conditions
SELLER BÜYÜKDERE35 Culture and Art Platform (will be full Company Title)
Address: Çayırbaşı mah. Çayırbaşı cad. No:35 Büyükdere-İSTANBUL
Telephone: +90 212
2. THE SUBJECT OF THE CONTRACT:
2.1. This contract has been prepared following the provisions of the Law on the Protection of the Consumer No 6502, which entered into force after being published in the Official Gazette dated 28 November 2013 and numbered 28835 and the provisions of the Regulation on Distance Contracts, which entered into force after being published in the Official Gazette dated 27 November 2014 and numbered 29188.
2.2. The parties of this contract hereby accept and declare that they know and understand their obligations and responsibilities arising from the Law on Consumer Protection and the Regulation on Distance Contracts.
3. QUALITY OF THE PRODUCT AND SALE CONDITIONS:
Name of the Product:
Unit Sales Price (VAT Included):
Person to be Delivered:
Total Order Amount (Including VAT):
4. GENERAL PROVISIONS:
4.1. The parties to this contract are the BUYER and the SELLER and all obligations and responsibilities regarding the fulfillment of this contract belong to the parties. This contract enters into force on the date it is electronically approved by the BUYER.
4.2. The BUYER acknowledges, declares, and undertakes that they have read and understood all the information about the features of the contractual product and the conditions of sale specified in Article 3 and that they have given the necessary approval for the purchase of this product in an electronic environment.
4.3. The SELLER is responsible for the delivery of the contractual product intact, complete, per the qualifications specified in the order, and with warranty documents and user manuals if any.
4.4. If the product subject to the contract is to be delivered to another person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.
4.5. Delivery will be made via the courier company to the delivery address of the BUYER specified in Article 3. The product is delivered within 7-10 days to the delivery address specified by the BUYER on the contract. Even if the BUYER is not present at the time of delivery by courier, the SELLER will be deemed to have fulfilled its obligation fully and completely.
4.6. If, for any reason, the product price is not paid or is canceled in the bank records, the SELLER is deemed to be free from the obligation to deliver the product.
4.7. Expenses and other incurred due to late delivery of the product to the BUYER because of a situation explained in 4.6., or the product was waiting in the cargo company and/or the return of the cargo to the SELLER belong to the BUYER.
4.8. Except for the cases where the shipping fee is shown free of charge on the product introduction page on the site and accordingly “0.00 TL” in this contract; The shipping price is added to the total amount of the order and paid by the BUYER. The shipping cost is not included in the product price. According to the Distance Contracts Regulation, if the shipping, transferring, and delivery, and similar additional costs cannot be calculated in advance, the BUYER may be liable to pay these additional costs.
4.9. If the bank or financial institution does not pay the price of the product to the SELLER since the credit card belonging to the BUYER is used unfairly or unlawfully by unauthorized persons after the delivery of the product, provided that the BUYER has delivered the product it must be sent to the SELLER within 3 (three) days. In this case, shipping costs belong to the BUYER.
4.10. The BUYER, since term sales are made only with bank credit cards; agrees that it knows that the relevant interest rates and the information regarding the default interest must be confirmed by its bank separately.
4.11. The BUYER accepts, declares, and undertakes that the provisions regarding interest and default interest under the provisions of the current legislation will be applied within the scope of the credit card agreement between the bank and the BUYER.
4.12. In cases where the BUYER exercises its right of withdrawal or if the product subject to the order cannot be supplied for various reasons or in cases where a refund to the consumer is decided with the decisions of the Consumer Arbitration Committee if the shopping is made by credit card and in installments; the refund procedure to the credit card is as follows:
4.12.1. In how many installments the BUYER purchased the product: the bank makes a refund to the consumer in the same number of installments. After the SELLER pays the bank for the entire product price at once; In case of the refund of the installment expenses made by the bank POS to the credit card of the BUYER, the requested refund amounts will be transferred to the bearer accounts by the bank in installments, to prevent the parties involved in the matter from suffering.
4.12.2. In case of the return of goods and services purchased with a card, the SELLER cannot pay the BUYER in cash as per a separate contract with the bank. In case of a refund, the SELLER will not pay the BUYER in cash as per the procedure, since he is obliged to pay the relevant amount to the bank in cash or on the account. For credit card refunds: After the SELLER pays the amount to the bank in one go, a refund will be made by the bank.
4.13. Under the general communiqué of the Tax Procedure Law No. 385, the relevant return sections on the invoice must be filled in completely and sent back to the SELLER together with the product after signing. The BUYER declares, accepts, and undertakes that it accepts all this procedure.
5. RIGHT OF WITHDRAWAL:
5.1. The BUYER; has the right to withdraw from the contract by refusing the product without any legal or criminal liability and any justification within fourteen days from the date of receipt of the goods. The product price is returned to the BUYER within 10 (ten) days from the date the consumer withdrawal notification reaches the seller. The costs arising from the use of the right of withdrawal belong to the SELLER.
5.2. The SELLER undertakes that the consumer has the right to withdraw from the contract by refusing the product or service within fourteen days from the date of receipt of the product or the signing of the contract without any legal or criminal liability and without any justification and to take back the product from the date of receipt of the withdrawal notice to the seller or supplier. The notice of withdrawal will be made to the communication channels of the BUYER specified in this Contract.
5.3. Following the Distance Contracts Regulation, the right of withdrawal cannot be used in the following cases and no refund can be requested.
i) Goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller/provider,
ii) Products prepared in line with the special requests of the buyer or its personal needs (those that are tailored to the person/personal needs by making changes or additions, the works printed on demand (for example, digital work prints, photographs) are framed per the buyer’s request, domestically or Including special products imported/supplied from domestic or abroad based on the buyer’s order)
iii) With the product that is mixed with other products after delivery and cannot be separated by nature,
iv) After the delivery of the product, all kinds of digital content products such as books, photographs, CDs, DVDs, audio and video recordings, and computer consumables with protective elements such as packaging, tape, seal, package, etc. are opened,
v) All services performed instantly in electronic environment and all kinds of intangible goods delivered immediately to the consumer,
vi) Services started with the approval of the buyer before the right of withdrawal expires,
vii) In cases where the buyer purchases for commercial/professional purposes with other goods and services generally accepted outside the scope of distance sales in accordance with the relevant legislation,
viii) For the product orders that delivery address is outside of the Republic of Turkey for the avoidance of doubt, the BUYER will be responsible for the damage caused to the work in the event of the slightest deterioration, staining, or damage to the artwork, and will not be able to use its right of withdrawal,
5.5. The BUYER cannot use its right of withdrawal in case of services performed instantly in an electronic environment such as online gift voucher/code etc. as well as intangible goods delivered immediately.
6. DEFAULT PROVISIONS:
In case the parties fail to fulfill their obligations in this contract, the provisions of the Debtor’s Default of the Code of Obligations will be applied. In case of default, if any party fails to fulfill its actions within the time limit without a justifiable reason, the other party will give the non-performing party a 7-day period to fulfill the said act. If it is not fulfilled within this period, the other party will have the right to demand the delivery of the product and/or the termination of the contract and the return of the price from the party who has not fulfilled its performance.
7. FORCE MAJEURE:
7.1. Situations that did not exist and were not foreseen at the time the contract was signed, developed outside the control of the parties, and made it impossible for one or both of the parties to fulfill their obligations and responsibilities imposed by the contract, or to fulfill them on time, will be considered as force majeure(Natural disaster, war, terror, uprising, legislative provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.).
7.2. The party faced with force majeure will notify the other party immediately and in writing. During the continuation of the force majeure, the parties will not have any responsibilities due to their failure to fulfill their actions. If this force majeure continues for 10 (ten) days, each party will have the right to terminate unilaterally.
9. AUTHORIZED COURT:
9.1. In the implementation of this contract and any disputes that may arise; up to the value declared by the Ministry of Customs and Trade every year Consumer Problems Arbitration Committees in the settlement of the BUYER or SELLER, for disputes over the aforementioned value, Consumer Courts are authorized.
9.2. This contract has been read, accepted, and confirmed by the parties electronically. In matters not regulated in this contract, the Law on Consumer Protection No. 6502 and other relevant legislation provisions are applied.
This contract has been issued on the date.
Name-surname: BÜYÜKDERE35 Culture and Art Platform (will be full Company Title)
Address: Çayırbaşı mah. Çayırbaşı cad. No:35 Büyükdere-İSTANBUL
Telephone: +90 212