DISTANCE SALES AGREEMENT

 

1. PARTIES

This Distance Sales Agreement (“Agreement”) has been established electronically between the Buyer and the Seller under the terms and conditions set forth below. The Buyer and the Seller shall be referred to collectively as the ‘Parties’ and individually as the “Party” within the scope of the Agreement.

 

2. DEFINITIONS

In the application and interpretation of this Agreement, the following terms shall have the meanings ascribed to them.

Buyer	:	A real person who acquires, uses or benefits from a Good or Service for commercial or non-professional purposes,
Ministry	:	The Ministry of Trade of the Republic of Turkey,
Service	:	Any consumer transaction other than the provision of a Product in exchange for a fee or benefit.
Law	:	The Consumer Protection Law No. 6502
Preliminary Information Form	:	A form prepared to inform the Buyer about the minimum matters specified in the Regulation before the agreement is concluded or any offer is accepted by the Buyer,
Website	:	The seller's website www.anemoiaofficial.com and mobile app,
Seller	:	Akeramos Kültür Sanat Faaliyetleri Limited Şirketi
Agreement	:	The Agreement concluded between the Seller and the Buyer,
Product	:	Any product(s) offered for sale on the website,
Regulation	:	Distance Contracts Regulation.

 

3. SUBJECT and SCOPE OF THE AGREEMENT

The subject matter of this agreement is the sale and delivery of the product offered by the Seller through the WEBite, whose characteristics and sales price are specified below, in accordance with the provisions of the Consumer Protection Law No. 6502 and the Remote Contracts Regulation, and the determination of the rights and obligations of the parties.

 

4. BUYER, SELLER AND INVOICE INFORMATION

BUYER INFO

Person to Deliver to	:
Delivery Address	:
Telephone	:
Fax	:
Email/User Name	:

SELLER INFO

Trade Name / Name and Surname of the Seller	:
Seller's Address	:
Seller's Mersis Number	:
Seller's Tax Identification Number	:
Seller's Phone	:
Seller's Fax Number	:
Seller KEP and E-mail Information	:

INVOICE INFORMATION

Trade Name / Name and Surname	:
Tax Office and Tax Identification Number	:
Address	:
Telephone	:
Fax	:
Email/User Name	:
Invoice Delivery	:	The invoice will be delivered to the delivery address along with the order and/or via e-invoice to the email address provided during the order delivery process.

5. PRODUCT INFORMATION

1. The basic features of the Product (type, quantity, brand/model, color, quantity, price) are available on the Website and can be reviewed in detail on the Website.^[a]
2. Physical delivery is not realized in coupon code sales.

 

3. If the Buyer purchases the gift wrapping service, the gift wrapping service will be applied to all products in the order that are suitable for wrapping in the dimensions specified in the order, and each product will be wrapped separately. The Buyer accepts that if there are Products in the order that are not suitable for wrapping, they will not be wrapped, and the gift wrapping service will only be provided for products that are suitable for wrapping in the dimensions specified in the order.

 

4. All amounts to be paid for the product (sales price including all taxes, shipping cost, installment difference amount, total discount amount entitled for simultaneous purchases from open market and/or other boutiques, etc.) are shown in the table below.

	Product Description		Quantity	Advance Price	Interim Total (Including VAT)
	Shipping Amount		-
				Total
Payment Method and Plan		:
Delivery Address		:
Person To Receive Delivery		:
Invoice Address		:
Order Date		:
Delivery Method		:	Delivery to the Buyer at the Door
Delivery Time*		:	30 days at the latest

*Exceptions in the provisions of the Agreement and relevant legislation are reserved.

6. GENERAL PROVISIONS

1. The Buyer acknowledges and declares that they have read and understood the Pre-Contract Information Form provided by the Seller through the website regarding the basic characteristics of the product subject to the Contract, the sales price, payment method, delivery, and right of withdrawal, and that they have provided the necessary confirmation electronically.

 

2. The Seller hereby accepts, declares, and undertakes to deliver the Product/products complete, in accordance with the qualities specified in the order, and together with any warranty documents, user manuals, and other information and documents required by law.

 

3. The Product shall be delivered to the Buyer or the third party designated by the Buyer by the cargo company to the delivery address specified by the Buyer on the website within the committed delivery period and in any case not exceeding the legal period of 30 (thirty) days. If the Seller does not fulfill its performance within this period, the Buyer may terminate the Agreement. However, in Product sales prepared in line with the Buyer's request or personal needs, the delivery period may exceed the relevant 30 (thirty) days. In addition, the delivery period for the Product(s) whose order status is specified as "Pre-Order" or "Made to Order" may also exceed 30 (thirty) days, and the Buyer will not be able to terminate the Agreement due to the failure of delivery within 30 (thirty) days when the Buyer purchases a Product with the status of "Made to Order" or "Pre-Order" prepared in accordance with the Buyer's request or personal needs.
4. The The Seller shall ship the Product to the Buyer via a shipping company and ensure its delivery. If the shipping company does not have a branch in the Buyer's location, the Buyer shall collect the Product from another branch of the shipping company indicated by the Seller.
5. If the Buyer fails to accept the Product(s) for any reason, the Product(s) shall be deemed to have been returned by the Buyer, and in this case, all payments collected from the Buyer, including delivery costs, if any, shall be refunded to the Buyer within the legal time limit in accordance with the return procedures set forth in this Agreement.
6. If the Buyer or a third party designated by the Buyer is not present at the address at the time of delivery, the Seller shall not be liable for any damages and expenses arising from the Buyer's late receipt or non-receipt of the Product(s).The delivery costs of the product(s) belong to the Buyer unless otherwise stipulated. If the Seller has declared on the website that the delivery costs will be borne by the Seller, the delivery costs will belong to the Seller.
7. Unless otherwise specified, the delivery costs of the product(s) shall be borne by the Buyer. If the Seller has stated on the website that the delivery costs will be borne by the Seller, the delivery costs shall be borne by the Seller.
8. In cases where it becomes impossible to fulfill the obligation to deliver the product(s), the Seller must notify the Buyer in writing or via a data storage device within 3 (three) days of becoming aware of such circumstances and must refund all payments received, including any delivery costs, within 14 (fourteen) days of the notification date. The unavailability of the product in stock shall not be considered as an impossibility of performance.
9. The Buyer shall inspect the Product before accepting delivery; the Buyer shall not accept any damaged, defective, or incomplete Product(s) such as those with dents, cracks, torn packaging, etc. The Product(s) accepted shall be deemed to be undamaged and in good condition. The obligation to carefully protect the Product after delivery shall be the responsibility of the Buyer. If the right of withdrawal is exercised, the Product must not be used and must be returned along with the Product invoice and all other documents provided to the Buyer at the time of delivery (e.g., warranty certificate, user manual, etc.).
10. If the order subject to this Agreement meets the conditions for order consolidation, the Buyer's order will be combined with the previous order(s) and delivered at one time. If the conditions for order consolidation are met and the order subject to the Agreement can be delivered together with the Buyer's previous order(s), if the shipping fee and / or payment at the door transaction fee has been collected from the Buyer under this Agreement, the relevant fees will be returned to the Buyer. In order for the orders to be combined, the delivery address, delivery type and payment method selected must be the same, the total number of products in the orders subject to the combination must not be more than 6, and no digital gift card must be used during payment. For the avoidance of doubt, only if all of the conditions specified in this article are met, the Buyer's orders may be subject to consolidation without any limit on the number of orders and/or the time limit between orders until the previous order(s) are in "in progress" status.

7. PROTECTION OF PERSONAL DATA

1. The Seller shall process the personal data covered by this agreement solely for the purpose of providing the Product/Service and in accordance with the Personal Data Protection Law No. 6698 (“KVKK”), secondary legislation, and the decisions of the Personal Data Protection Board. The Seller hereby acknowledges, declares, and undertakes that it will not process the Buyer's personal data other than those accessed through the website and will not communicate with the Buyer externally through methods other than those provided on the website.
2. The Buyer is responsible for making sure that the personal data provided under this Agreement is accurate, complete, and up-to-date, not sharing this info with third parties, taking the necessary steps to prevent unauthorized access, including measures against viruses and other harmful applications, and keeping the personal data safe. and hereby acknowledges, declares, and undertakes that it shall be solely liable for any damages arising therefrom and for any claims made by third parties.

 

8. RIGHT OF WITHDRAWAL

1. The Buyer has the right to withdraw from the Agreement within 14 (fourteen) days without giving any reason and without paying any penalty.
2. The withdrawal period begins on the day the Agreeement is concluded for the Service; for the Product, it begins on the day the Buyer or a third party designated by the Buyer receives the Product. However, the Buyer may also exercise the right of withdrawal during the period between the conclusion of the Agreement and the delivery of the Product.
3. In determining the withdrawal period;

a) For Products that are the subject of a single order but are delivered separately, the day on which the Buyer or a third party designated by the Buyer receives the last Product,

b) For Products consisting of multiple parts, the day on which the Buyer or a third party designated by the Buyer receives the last part,

c) In cases where the Product is delivered regularly over a specific period of time, the day on which the Buyer or a third party designated by the Buyer receives the first Product

shall be taken as the basis.

4. In cases where the delivery of the Product and the performance of the Service are combined, the provisions on the right of withdrawal relating to the delivery of the Product shall apply.
5. Seller

a) In the event that the Buyer exercises the right of withdrawal before the delivery of the Product or the performance of the Service, from the date of receipt of the notification of the exercise of the right of withdrawal,

b) In the event that the Buyer exercises the right of withdrawal after the delivery of the Product, if the price has not been transferred to the Seller as of the date of receipt of the withdrawal notification, from the date of delivery of the Product subject to the right of withdrawal to the cargo company foreseen for the return or from the date it reaches the Seller if it is returned by a cargo company other than the one foreseen for return,

c) In the event that the Buyer exercises its right to terminate the Agreement due to the failure to deliver the order within the legal period, from the date of receipt of the termination notice

Within 14 (fourteen) days, it is responsible for the return of the Contract price and delivery costs to the Buyer.

6. The notification of the right of withdrawal and other notifications regarding the Agreement must be made in accordance with the legislation and within the time period through the communication channels of the Seller specified on the website.
7. If the right of withdrawal is exercised:

a) The Buyer sends the Product back to the Seller by cargo company within 14 (fourteen) days from the exercise of the right of withdrawal.

b) The Product to be returned within the scope of the right of withdrawal must be returned complete and undamaged, including the box, packaging, standard accessories, if any, and other Products gifted with the Product, if any.

8. If the Buyer uses the Product in accordance with its functioning, technical specifications and instructions for use within the withdrawal period, it is not responsible for any changes and deterioration that occur.
9. When returning the Product(s) to the Seller, the original invoice submitted to the Buyer during the delivery of the Product(s) must also be returned by the Buyer. If the Buyer requests a corporate invoice, the Buyer must issue a return invoice for the return of the relevant Product or, if possible, reject the commercial invoice from its own systems within the time limit.
10. As long as the Buyer sends the Product(s) to be returned to the Seller with the Seller's cargo company specified in the Preliminary Information Form, the return shipping cost belongs to the Seller. If there is no Seller's Cargo Company branch in the location of the Buyer for return, the Buyer will be able to send the Product with any Cargo Company. In this case, the Seller is responsible for the return shipping cost and any damage to the Product during the shipping process.
11. The Buyer shall exercise the right of withdrawal within the period and procedures specified in this article and otherwise shall lose the right of withdrawal.

9. CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

The buyer cannot exercise the right of withdrawal in the following contracts:

a) Contracts for goods or services whose price changes due to fluctuations in financial markets and which are not under the control of the Company,

b) Contracts for goods prepared in line with the wishes or personal needs of the consumer,

c) Contracts for the delivery of perishable or expired goods,

d) Of 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 not suitable in terms of health and hygiene,

e) Contracts relating to goods that are mixed with other products after delivery and cannot be separated due to their nature,

f) Contracts for books, digital content and computer consumables provided in material media if the protective elements such as packaging, tape, seal, package are opened after delivery of the product,

g) Contracts for the delivery of periodicals such as newspapers and magazines other than those provided under a subscription agreement,

h) Contracts for accommodation, transportation of goods, car rental, provision of food and beverages, and leisure time for entertainment or recreation, which must be concluded on a specific date or period,

i) Contracts for services performed instantly in electronic media and contracts for intangible goods delivered instantly to the Buyer,

j) Contracts for services whose performance is started with the approval of the Buyer before the expiration of the right of withdrawal period.

10. REFUND PROCEDURE

 

12. In cases where the Buyer exercises their right of withdrawal, or if the product subject to the order cannot be supplied for various reasons, or if the arbitration committee decides to refund the amount to the Buyer, the Seller shall refund the full amount collected to the credit card used for payment within 14 days in a single transaction. The bank will refund the payment in installments corresponding to the number of installments used by the Buyer to purchase the product, to the Buyer's credit card. If the refund date does not coincide with the card's billing date, one refund will be reflected on the card each month, and the Buyer will receive the number of installments paid before the refund after the sales installments have been completed, and these will be deducted from their current debt.

 

13. In the event of a return of purchased products, the Seller will refund the full amount collected to the credit card used for payment in a single transaction. The bank will process the refund in installments corresponding to the number of installments used by the Buyer to purchase the product. If the return date does not coincide with the card's billing cycle, one refund will be reflected on the card each month, and the Buyer will receive an additional month for each installment paid before the return, after the installments for the sale have been completed, and the amount paid before the return will be deducted from the existing debt.

 

14. The Buyer acknowledges and undertakes that it has read and accepted this procedure.

 

11. DISPUTE RESOLUTION

This agreement has been drawn up in accordance with Turkish law and shall be valid and binding in accordance with Turkish law. In the event of any complaints or objections by the Buyer, or any other disputes arising from this agreement, the Consumer Arbitration Boards located in the place of residence of the Buyer or Seller shall have jurisdiction up to the value announced annually by the Ministry of Customs and Trade. For disputes exceeding this value, the Consumer Courts shall have jurisdiction. Upon confirmation of the order, the BUYER shall be deemed to have accepted all the terms and conditions of this agreement.

12. NOTICES and EVIDENCE AGREEMENT

1. All correspondence between the Parties under the Agreement shall be in writing, except in mandatory cases listed in the legislation.
2. The Buyer accepts, declares and undertakes that the Seller's commercial books, computers, records and other documents will constitute binding, conclusive and exclusive evidence in disputes that may arise from the Agreement, and that this article is an evidential contract within the meaning of Article 193 of the Code of Civil Procedure.

13. ENFORCEMENT

The Agreement consisting of 13 (thirteen) articles has been read by the Parties and concluded on ... date and ... time by being approved electronically by the Buyer on the transaction date^[b] and entered into force.  A copy of the Agreement is available in the Buyer's membership account and can also be sent by email upon request.