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DISTANCE SALES AGREEMENT
Article 1 – Parties
1.1. Seller
Name: Home Spun Ceramic Online Shop (www.homespunceramic.com)
Address: İsmetpaşa Mah. Mersinaki Cad. 309 Sok. Güzelcan Sit. No:15 Foça/İzmir/Turkey
Phone: +90 535 295 72 17
Email: info@homespunceramic.com
1.2. Buyer
Name – Surname/TC No. Address Phone Email
Article 2 – Subject
The subject of this distance sales agreement is the sale and delivery of the product specified below, along with its features and selling price, that the BUYER has ordered electronically from the SELLER’s website http://www.homespunceramic, in accordance with the provisions of the Consumer Protection Law No. 4077 and the Regulation on Distance Contracts, and determining the rights and obligations of the parties, except for force majeure situations.
The Buyer acknowledges that they have been informed by the Seller, in a clear, understandable, and internet-compatible manner, regarding the seller’s name, title, full address, telephone, and other contact information, the essential features of the product to be sold, including taxes, the selling price, payment method, delivery conditions and expenses, etc., as well as how to exercise the “right of withdrawal,” and how to complain and object, and to which official authorities they can address their complaints and objections, and that they have confirmed this preliminary information electronically before placing an order, and subsequently ordered the product in accordance with the provisions of this agreement.
The preliminary information available on http://www.homespunceramic.com and the invoice issued based on the buyer’s order are an integral part of this agreement.
Article 3 – Product/Payment/Delivery Information of the Agreement
The type and quantity of the product/products received electronically, the brand/model, selling price including taxes, payment method, the person to receive the delivery, delivery address, invoice information, shipping cost are as specified below. The person to be invoiced must be the same as the one who made the contract. The information below must be accurate and complete. The Buyer agrees to bear any damages arising from inaccurate or incomplete information and also accepts any responsibility that may arise from this situation.
In cases where the Seller deems necessary, if the information provided by the BUYER does not match reality, the SELLER reserves the right to stop the order. In cases where the SELLER detects problems in the order, if the SELLER cannot reach the BUYER through the telephone, e-mail, and postal addresses provided by the BUYER, the SELLER will freeze the order for a period of 15 (fifteen) days. During this period, the BUYER is expected to contact the SELLER regarding the matter. If no response is received from the BUYER during this period, the SELLER will cancel the order to prevent any harm to both parties.
Received Product / Products Name, code: … pieces Total Selling Price: … -TL Payment Method: Credit Card/Bank Transfer (EFT) Recipient: Phone number: Delivery Address: Billing Name/Company: Billing Address: Tax Office: Tax ID Number: Shipping Cost: … -TL
Article 4 – Contract Date and Force Majeure
The date of this agreement is the date when the order was placed by the BUYER, which is ../../….
Unforeseen or uncontrollable circumstances that are not present or foreseen at the time of signing the contract, which partially or completely prevent the parties from fulfilling their obligations and responsibilities under the contract, will be considered as force majeure (natural disasters, war, terrorism, riots, changes in legislation, confiscation or strike, lockout, significant breakdown in production and communication facilities, etc.). The party in which the force majeure situation occurs will immediately and in writing inform the other party of the situation.
During the continuation of the force majeure, neither party will have any obligations due to their inability to perform their obligations. If this force majeure situation continues for a period of 30 (thirty) days, each party will have the right to terminate unilaterally.
Article 5 – Seller’s Rights and Obligations
5.1. The Seller agrees to fulfill the obligations assigned to it in the contract in accordance with the Consumer Protection Law No. 4077 and the Regulation on Distance Contracts, except for force majeure circumstances.
5.2. Persons under the age of 18 cannot make purchases from http://www.homespunceramic.com The Seller will rely on the age stated in the contract. However, the Seller will not be held responsible for any inaccuracies in the age provided by the Buyer.
5.3. http://www.homespunceramic.com accepts payment by credit card (Visa, MasterCard, etc.) or bank transfer. Orders for which payment has not been made within one week of the order date will be canceled. The time when orders are processed is determined by the moment when the necessary collection is made from the credit card account or when the transfer (EFT) reaches the bank accounts, not the time when the order is placed. Payment methods carried out without consulting customer service, such as cash on delivery or postal check, are not accepted.
Article 6 – Buyer’s Rights and Obligations
6.1. The Buyer agrees to fulfill the obligations assigned to it in the contract, except for force majeure situations.
6.2. By placing an order, the Buyer is deemed to have accepted the contract terms and agrees to make payment in accordance with the payment method specified in the contract.
6.3. The Buyer acknowledges that they have been informed by the Seller, in a clear, understandable, and internet-compatible manner, regarding the seller’s name, title, full address, telephone, and other contact information, the essential features of the product to be sold, including taxes, the selling price, payment method, delivery conditions and expenses, etc., as well as how to exercise the “right of withdrawal,” and how to complain and object, and to which official authorities they can address their complaints and objections, and that they have confirmed this preliminary information electronically before placing an order.
6.4. In accordance with the previous article, the Buyer declares that they have read and become informed of the ordering/payment/use procedure information for www…….com and has confirmed the necessary information electronically.
6.5. If the Buyer wishes to return the purchased product, they agree not to damage the product or its packaging in any way and to return the original invoice and delivery note at the time of return, regardless of the method of return.
Article 7 – Order/Payment Procedure
Order:
The total amount in Turkish Lira (including VAT for installment transactions) of the products added to the shopping cart is processed through the bank card terminal of the relevant bank card after confirmation by the buyer. Therefore, before shipping, an order confirmation email is sent to the customer. Shipments are made after the payment transaction is approved by the customer’s bank.
Order approval process:
After the customer completes the order, it is forwarded to the bank card company for payment. Credit card approvals are received online via the bank card processing terminal. The order is shipped after payment is approved.
Order cancellation:
The buyer can cancel their order in full, provided that the cancellation request is made before the order is shipped. For order cancellations, the BUYER must send an email to the email address info@homespunceramic.com or contact the customer service at +90 535 295 72 17. If the order has not been shipped at the time of the cancellation request, the Buyer’s payment will be refunded to their bank account within 7 days. In case the order has been shipped, the Buyer must return the product in accordance with the “Return Conditions” section of this contract. The shipping cost for returning the product will be covered by the Buyer.
Article 8 – Right of Withdrawal
The Buyer has the right to withdraw from the contract within 14 days without showing any justification and without paying any penalty. The 14-day withdrawal period starts from the day the product is delivered to the BUYER or the person/institution at the address specified by the BUYER.
In order to exercise the right of withdrawal, the BUYER must notify the SELLER by phone at +90 535 295 72 17, by email at info@homespunceramic.com, or by sending a written notice to the SELLER’s address at İsmetpaşa Mah. Mersinaki Cad. 309 Sok. Güzelcan Sit. No:15 Foça/İzmir/Turkey within the 14-day withdrawal period. If the BUYER uses the right of withdrawal, the SELLER is obliged to return the total price and any other expenses to the BUYER within 14 days from the receipt of the withdrawal notice and collect the product within 14 days. If the product cannot be returned due to its nature, the SELLER is obliged to return the total price and any other expenses within 20 days.
The return of the product must be made with the original invoice and delivery note (if any) of the product. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded. The Buyer is responsible for returning the product to the Seller in its original state and complete with the box, packaging, and any standard accessories that come with the product. If the right of withdrawal is exercised, the product must be returned within 10 days.
If the returned product is defective or its resale is impossible due to its nature, the Buyer is liable for the compensation of the product’s value to the Seller. In cases where the right of withdrawal is exercised and it is understood that the product has been used, destroyed, or its packaging has been damaged, the Buyer is responsible for the loss of value of the product.
Article 9 – Personal Data
The BUYER hereby agrees that the personal data provided during the order process can be used by the SELLER to perform the obligations arising from this contract and to carry out customer satisfaction surveys, campaigns, and other sales and marketing activities. The BUYER can exercise their rights under the Law on Protection of Personal Data No. 6698 by contacting the SELLER. By signing this contract, the BUYER acknowledges that they have read the information regarding the processing of personal data provided on the website.
Article 10 – Applicable Law and Competent Court
This contract is subject to Turkish Law and the Consumer Arbitration Committees and the Consumer Courts at the place of residence of the BUYER or the SELLER where the purchase is made up to the monetary limits set forth in the Regulation on Consumer Problems Resolution Procedures by Arbitration Committees, and above these limits, and in cases not falling under the jurisdiction of the Consumer Courts, the İzmir (Foça) Courts and Enforcement Offices are authorized to resolve any disputes arising from this contract.
This agreement consists of 10 articles and has been read by the parties and confirmed electronically. In case of any disputes between the parties regarding the interpretation and application of this agreement, the books, records, and documents of the SELLER shall be deemed as evidence in accordance with the Turkish Commercial Code, Turkish Civil Procedure Law, and Turkish Code of Obligations.
SELLER Home Spun Ceramic Online Shop (www.homespunceramic.com)
BUYER
Name – Surname/TC No. Address Phone Email
Date: ../../…. Signature of the Buyer (if this agreement is sent in printed form)
Please note that this is a template agreement and should be adapted to your specific situation and jurisdiction. Consult with a legal professional to ensure that your distance sales agreement complies with all applicable laws and regulations.