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LEGAL NOTICE

DISTANCE SALES AGREEMENT

1. PARTIES

This Agreement is signed between the parties under the following terms and conditions.

A. 'BUYER'; (hereinafter referred to as the "BUYER" in the contract)

Name and Surname:

Address:

B. 'SELLER'; (hereinafter referred to as the "SELLER" in the contract)

Name and Surname: ArtBlancDesign

Address: Altıntop, 1607. Sk. No:15/3, 20010 Merkezefendi/Denizli/TURKEY

By accepting this agreement, the BUYER acknowledges in advance that, if the order subject to the contract is approved, the BUYER will be obliged to pay the price of the order and any additional fees such as shipping fees and taxes, if applicable.

2. DEFINITIONS

The following terms shall have the following meanings in the implementation and interpretation of this agreement.

MINISTER: The Minister of Customs and Trade,

MINISTRY: The Ministry of Customs and Trade,

LAW: The Consumer Protection Law No. 6502,

REGULATION: The Regulation on Distance Contracts (OG: 27.11.2014/29188)

SERVICE: All kinds of consumer transactions other than providing goods, performed or committed to being performed for a fee or benefit,

SELLER: The company offering goods to the consumer within the scope of its commercial or professional activities or acting on behalf of or on account of the supplier of goods,

BUYER: The natural or legal person acquiring, using, or benefiting from a good or service for non-commercial or non-professional purposes,

SITE: The website belonging to the

SELLER, ORDER PLACER: 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 shopping and intangible goods prepared for use in electronic environments such as software, sound, video, etc.

3. SUBJECT

This Agreement regulates the rights and obligations of the parties concerning the sale and delivery of the product specified below, the characteristics and sale price of which are stated, and which the BUYER has ordered electronically through the SELLER’s website, in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. The prices announced for a limited period are valid until the end of the specified period.

4. SELLER INFORMATION

Company Name:
Address:
Phone:
Fax:
Email:

5. BUYER INFORMATION

Person to be delivered:
Delivery Address:
Phone:
Fax:
Email/Username:

6. ORDER PLACER INFORMATION

Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:

7. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE CONTRACT

7.1. The main features of the goods/products/services (type, quantity, brand/model, color, number) are published on the SELLER’s website. If the SELLER has organized a campaign, you can review the main features of the related product during the campaign. The campaign is valid until the campaign date.

7.2. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. The prices announced for a limited period are valid until the end of the specified period.

7.3. The total sales price of the goods or services subject to the contract, including all taxes, is shown below.

Payment Method and Plan:
Delivery Address:

Person to be Delivered:
Invoice Address:
Order Date:
Delivery Date:
Delivery Method:

7.4. The shipping fee, which is the shipping cost of the product, will be paid by the BUYER.

8. INVOICE INFORMATION

Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:
Invoice delivery: The invoice will be delivered to the invoice address along with the order during the order delivery.

9. GENERAL PROVISIONS

9.1. The BUYER agrees, declares, and undertakes that they have read and been informed about the preliminary information regarding the basic characteristics, sales price, payment method, and delivery of the product subject to the contract on the SELLER's website and have given the necessary confirmation in the electronic environment. The BUYER acknowledges, declares, and undertakes that by confirming the Preliminary Information electronically, they have accurately and completely obtained the address that must be given by the SELLER to the BUYER, the basic characteristics of the ordered products, the price of the products including taxes, and the payment and delivery information before the conclusion of the distance sales contract.

9.2. Each product subject to the contract will be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section of the website, depending on the BUYER's place of residence, provided that it does not exceed the legal 30-day period. If the product cannot be delivered to the BUYER within this period, the BUYER has the right to terminate the contract.

9.3. The SELLER agrees, declares, and undertakes to deliver the product subject to the contract in full, in accordance with the specifications stated in the order, with all required information and documents such as warranty certificates and user manuals, if any, free from any defects, in compliance with the requirements of the legal regulations, in a solid, standard-compliant manner, adhering to the principles of honesty and integrity, maintaining and improving service quality, showing the necessary attention and care during the performance of the work, and acting with caution and foresight.

9.4. The SELLER may supply a different product of equal quality and price to the BUYER with the BUYER's explicit consent, by informing the BUYER and obtaining their clear approval before the fulfillment period of the performance obligation arising from the contract expires.

9.5. If the SELLER is unable to fulfill the contractual obligations due to the impossibility of fulfilling the ordered product or service, the SELLER agrees, declares, and undertakes to notify the consumer in writing within 3 days from the date of learning of this situation and to return the total price to the BUYER within 14 days.

9.6. The BUYER agrees, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the contract, and if the price of the product subject to the contract is not paid for any reason and/or is canceled in the bank records, the SELLER's obligation to deliver the product subject to the contract will end.

9.7. The BUYER agrees, declares, and undertakes that if the product subject to the contract is delivered to the BUYER or the person and/or organization at the address indicated by the BUYER, and the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution due to unauthorized use of the BUYER's credit card by unauthorized persons after the delivery, the BUYER will return the product subject to the contract to the SELLER within 3 days, with the shipping cost to be borne by the SELLER.

9.8. The SELLER agrees, declares, and undertakes to notify the BUYER if they cannot deliver the product subject to the contract within the due period due to force majeure events such as unforeseen and unpredictable events that prevent and/or delay the performance of the parties' obligations. In such cases, the BUYER has the right to request from the SELLER the cancellation of the order, the replacement of the product subject to the contract with a similar one if available, and/or the postponement of the delivery time until the preventing situation disappears. If the order is canceled by the BUYER, the amount paid by the BUYER in cash will be refunded to them in cash within 14 days. For payments made by the BUYER via credit card, the product amount will be refunded to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER accepts, declares, and undertakes that the average process of reflecting the amount returned by the SELLER to the BUYER's credit card to the BUYER's account may take 2 to 3 weeks, and that the reflection of this amount to the BUYER's accounts after its return to the bank is completely related to the bank's transaction process, and that the BUYER cannot hold the SELLER responsible for possible delays.

 

9.9. The SELLER has the right to reach the BUYER for communication, marketing, notification, and other purposes via letter, e-mail, SMS, telephone call, and other means through the address, e-mail address, fixed and mobile phone lines, and other contact information provided by the BUYER in the registration form on the site or later updated by the BUYER. By accepting this Agreement, the BUYER accepts and declares that the SELLER can conduct the above-mentioned communication activities towards them.

 

9.10. The BUYER will inspect the product/service subject to the contract before taking delivery; they will not take delivery of the damaged and defective product/service such as crushed, broken, torn packaging, etc. from the cargo company. The product/service received will be deemed to be undamaged and intact. After delivery, the duty of carefully protecting the product/service belongs to the BUYER. If the right of withdrawal is to be used, the product/service should 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 gap is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request from the BUYER the identity and contact information of the credit card holder, the statement of the credit card used in the order for the previous month, or a letter from the bank of the cardholder stating that the credit card belongs to them. The order will be frozen until the BUYER provides the requested information/documents, and if these requests are not met within 24 hours, the SELLER has the right to cancel the order.

9.12. The BUYER declares and undertakes that the personal and other information they provided while becoming a member of the SELLER's website is accurate, and that they will immediately, in cash and in full, compensate all damages incurred by the SELLER due to the inaccuracy of this information upon the first notification by the SELLER.

9.13. The BUYER agrees and undertakes from the outset to comply with the legal provisions while using the SELLER's website and not to violate these provisions. Otherwise, all legal and criminal liabilities will solely and exclusively bind the BUYER.

9.14. The BUYER cannot use the SELLER's website in any way that disrupts public order, is against general morality, disturbs or harasses others, is for an unlawful purpose, or infringes on the material and moral rights of others. Additionally, the member cannot engage in activities that prevent or make it difficult for others to use the services (spam, virus, trojan horse, etc.).

9.15. Links to other websites and/or other contents not controlled by the SELLER and/or owned and operated by third parties may be provided through the SELLER's website. These links are placed for the convenience of directing the BUYER and do not support any website or the person operating that site, and do not provide any guarantee regarding the information contained on the linked website.

9.16. The member who violates one or more of the articles listed in this contract is personally liable for such violations, legally and criminally, and will keep the SELLER free from the legal and criminal consequences of these violations. Additionally, if the event is brought to the legal field due to this violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership contract. 

 

RIGHT OF WITHDRAWAL

 

10.1. In the case of a distance contract relating to the sale of goods, the BUYER may use their right of withdrawal from the contract by rejecting the goods without assuming any legal or criminal liability and without giving any reason, within 14 (fourteen) days from the date the product is delivered to them or to the person/organization at the address indicated by the BUYER, provided that they notify the SELLER. In the case of distance contracts for service provision, this period begins from the date the contract is signed. The right of withdrawal cannot be used for service contracts that have begun with the consumer's approval before the withdrawal period ends. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER acknowledges that they have been informed about the right of withdrawal in advance.

 

10.2. To exercise the right of withdrawal, it is necessary to notify the SELLER in writing via registered mail, fax, or email within 14 (fourteen) days and to return the product unused within the framework of the provisions of the "Products for which the Right of Withdrawal cannot be Used" section of this contract. In the event that this right is exercised,

 

a) The invoice of the product delivered to the third party or the BUYER must be returned. (If the product to be returned is invoiced to a company, it must be sent back with the return invoice issued by the company. Returns of orders billed to companies cannot be completed without a RETURN INVOICE.)

b) Return form, c) The products to be returned must be delivered complete and undamaged with their box, packaging, and standard accessories, if any. d) The SELLER is obliged to return the total amount and all documents that put the BUYER under debt within 10 days from the receipt of the withdrawal notice, and to accept the return of the goods within 20 days. e) If there is a decrease in the value of the goods due to the fault of the BUYER, or if the return becomes impossible, the BUYER is obliged to compensate the damages of the SELLER at the rate of the BUYER’s fault. However, the BUYER is not responsible for the changes and deteriorations caused by the proper use of the goods or products within the right of withdrawal period. f) If the campaign limit amount set by the SELLER is lowered due to the use of the right of withdrawal, the amount of the discount used within the scope of the campaign is cancelled.

  1. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED The right of withdrawal cannot be exercised for products that are prepared in line with the BUYER’s wishes or explicitly personal needs, that are not suitable for return, such as underwear bottoms, swimwear and bikini bottoms, makeup materials, single-use products, perishable goods or goods that may expire, products that are unsuitable for health and hygiene reasons if their packaging is opened by the BUYER after delivery, products that are mixed with other products after delivery and cannot be separated due to their nature, periodicals such as newspapers and magazines, except those provided under a subscription agreement, services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if their packaging is opened by the BUYER. Additionally, it is not possible to use the right of withdrawal for services that have begun to be performed with the consumer's approval before the withdrawal period ends as per the Regulation. Cosmetic and personal care products, underwear products, swimwear, bikini, books, reproducible software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) must be unopened, untested, undamaged, and unused for returns.

  2. DEFAULT AND LEGAL CONSEQUENCES The BUYER accepts, declares, and undertakes that if they make the payment transactions with a credit card and fall into default, they will pay interest within the framework of the credit card agreement between the cardholder bank and themselves and will be liable to the bank. In this case, the relevant bank may take legal action; it may demand the costs and attorney fees incurred from the BUYER, and in any case, the BUYER accepts, declares, and undertakes to pay the SELLER's damages and losses due to the delayed performance of the debt in case the BUYER falls into default due to their debt.

  • COMPETENT COURT In disputes arising from this agreement, complaints and objections shall be submitted to the consumer problems arbitration committee or consumer court at the place where the consumer resides or where the consumer transaction is made, within the monetary limits specified in the law below: As of May 28, 2014, the following monetary limits apply: a) In disputes with a value of less than 2,000.00 (two thousand) TL according to Article 68 of the Consumer Protection Law No. 6502, to the district consumer arbitration committees, b) In disputes with a value of less than 3,000.00 (three thousand) TL, to the provincial consumer arbitration committees, c) In metropolitan municipalities, in disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL, application is made to the provincial consumer arbitration committees. This agreement is made for commercial purposes.

  • EFFECTIVENESS The BUYER is deemed to have accepted all the terms of this agreement when they make the payment for the order placed through the Site. The SELLER is responsible for making the necessary software arrangements to ensure that this agreement has been read and accepted by the BUYER on the Site before the order is placed.

  • SELLER:

  • BUYER:

  • DATE:

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