Distance Sales Agreement
DISTANCE SALES AGREEMENT
1. Parties
This Distance Sales Agreement has been established electronically between the Seller, whose information is provided below, and the Buyer/Consumer, who places an order via the website.
1.1. Seller information
Trade name: [Full title of the sole proprietorship as on tax plate]
Authorized person: Burhan Aydın
Address: UNALAN MAH.ALACA SOK. NO.8 D.2 USKUDAR ISTANBUL
Tax office: ÜMRANİYE
Tax number: 1110797568
MERSİS number: [MERSİS number if available]
Phone: +90 5537365357
Email: aydinartshop@gmail.com
Website: https://burhanaydinkoleksiyon.com
1.2. Buyer information
The Buyer's name, surname, delivery address, billing address, phone number, and email address are the information declared during the order.
2. Subject of the Agreement
The subject of this agreement is to determine the rights and obligations of the parties regarding the sale and delivery of the product or products, whose characteristics and sales price are specified on the order screen, which the Buyer has ordered electronically through the Seller's website.
The Buyer acknowledges that before placing the order, they were informed about the product's basic features, the total sales price including taxes, payment method, delivery conditions, shipping fee, right of withdrawal, and return conditions.
3. Product and order information
Of the purchased product;
- Type and kind,
- Brand and model,
- Quantity,
- Unit price,
- Total price including taxes,
- Shipping fee,
- Payment method,
- Delivery address
are included on the order summary, preliminary information form, and electronic invoice.
The information displayed during the order and approved by the Buyer is an integral part of this agreement.
4. Formation of the Agreement
This agreement comes into force when the Buyer completes the order through the website and approves the preliminary information form and the distance sales agreement electronically.
The Seller keeps the agreement and order information for the period stipulated by law.
5. Sale price and payment
The total sale price of the products, payment method, and shipping fee, if any, are shown on the order screen.
The Buyer makes the payment using one of the bank card, credit card, or other payment methods offered on the website.
If the product price is not paid to the Seller by the bank or payment institution due to unauthorized and unlawful use of the credit card, the delivered product may need to be returned to the Seller by the Buyer.
6. Delivery
The Seller sends the product subject to the order to the delivery address specified by the Buyer within the promised period after the order is confirmed.
The product delivery time is specified on the order or product page, not exceeding the maximum legal period in any case.
The Buyer is informed in case of delayed delivery.
The Buyer is responsible for any delay and additional costs caused by the Buyer's incorrect or incomplete delivery address, absence at the address during delivery, or failure to accept the product.
If the product is to be delivered to a person other than the Buyer, the Seller is not responsible for the refusal of the product by the receiving person.
The Seller is responsible for losses and damages incurred until the product is delivered to the Buyer or the third party designated by the Buyer. If the Buyer chooses a carrier other than the one offered by the Seller, responsibility may end with the delivery of the product to the relevant carrier.
7. Product Inspection
The Buyer must inspect the package when receiving the product.
It is recommended to have a damage assessment report prepared by the cargo officer for crushed, torn, opened, wet, or visibly damaged packages.
The absence of a cargo report does not eliminate the Buyer's legal rights; however, it facilitates the determination that the damage occurred during transportation.
8. Right of withdrawal
In the sale of goods, the Buyer may withdraw from the contract within 14 days from the date of receiving the product, without stating any reason and without paying any penalty.
The Buyer may also exercise the right of withdrawal before the product is delivered.
The notification of withdrawal must be submitted to the Seller in writing or via a durable data carrier within the 14-day period.
The withdrawal notification can be made by one of the following methods:
Email: [Email for return and withdrawal requests]
Postal address: [Return address]
Website contact form: [Contact page if available]
Notification by phone alone may not be accepted as a withdrawal notification. It is recommended that the withdrawal notification be made by email, written application, or a method that creates a record via the website.
9. Return process in exercising the right of withdrawal
After the Buyer submits the withdrawal notification to the Seller, the Buyer must send the product, along with all parts, accessories, documents, and invoice, if any, to the return address notified by the Seller.
The returned product must not have been used beyond what is necessary to inspect the product.
The Buyer may only examine the product to the extent necessary to understand its nature, features, and functioning.
If the product incurs a loss in value due to the Buyer's use exceeding the ordinary limits of inspection, the Buyer may be responsible for this loss in value.
10. Payment of the refund amount
After the withdrawal notification reaches the Seller, upon the product reaching the Seller or the Buyer proving that they have sent the product, the payments collected in accordance with the legislation will be refunded to the Buyer.
The refund will be made in accordance with the payment instrument used by the Buyer during the purchase and without additional cost to the Buyer.
The time it takes for banks and payment institutions to reflect the refund amount to the Buyer's account or card may be beyond the Seller's control.
11. Return shipping cost
The valid return shipping method and the contracted cargo company for exercising the right of withdrawal are notified to the Buyer by the Seller.
If the Buyer uses a different method than the contracted cargo company and return method notified by the Seller, the Buyer may be responsible for any additional transportation fees that may arise.
In case of faulty, incorrect, or missing product delivery, return and reshipment costs belong to the Seller.
12. Exceptions to the right of withdrawal
In accordance with the legislation, the right of withdrawal may not be exercised for the following products, depending on their nature:
- Products specially prepared in line with the Buyer's requests or personal needs.
- Products on which names, texts, dates, special measurements, or personalized changes have been made.
- Products that are perishable or whose expiration date may pass quickly.
- Products whose packaging, tape, seal, or package has been opened after delivery and which are not suitable for return for health or hygiene reasons.
- Products that are mixed with other products after delivery and cannot be separated due to their nature.
- Digital content delivered instantly in electronic environment.
- Services whose performance has begun with the explicit consent of the Buyer before the expiration of the withdrawal period.
- Other products and services excluded from the right of withdrawal in the legislation.
The mere opening of the product's packaging does not mean that the product cannot be automatically returned. For the right of withdrawal exception to apply, the product must fall under one of the exceptions in the legislation.
13. Defective products
If the product does not have the agreed-upon features on the delivery date, is broken, damaged, missing, or unusable, the Buyer may exercise their optional rights under the Consumer Protection Law No. 6502.
The Buyer;
- Return of the product and refund of the price,
- Replacement of the product with a fault-free equivalent,
- Price reduction in proportion to the defect,
- Free repair if possible
may request.
The consumer's statutory rights are independent of the withdrawal provisions in this agreement.
14. Information regarding decorative replica products
Denix and similar replica products offered for sale on the website are decorative and collection purposes, unless otherwise stated in the product description.
These products are not real firearms; they do not have the capability to fire, shoot bullets, or be used as real weapons.
The Buyer is obliged to research the applicable legislation and the rules of relevant institutions regarding the carrying, keeping in vehicles, displaying, taking abroad, and sending to different countries of replica products in public areas.
The Seller's provision of this information does not mean that the Seller permits the Buyer to use the product in violation of the applicable legislation.
15. Force majeure
Natural disaster, war, terrorism, epidemic, fire, flood, cessation of transportation, strike, lockout, decisions of public institutions, internet and infrastructure outages, and similar situations beyond the control of the parties are considered force majeure.
The Buyer is informed if the order cannot be delivered due to force majeure. If the order is cancelled, the collected amount is refunded in accordance with the legislation.
16. Buyer's obligations
The Buyer;
- To provide accurate and complete information during the order,
- To inspect the product upon delivery,
- To notify the withdrawal or return request within the time limit,
- To package and send the product safely and appropriately,
- Not to use the product for purposes other than its intended use,
- To comply with the applicable legislation regarding replica products
agrees.
17. Seller's obligations
The Seller;
- To deliver the product in accordance with the specifications stated in the order,
- To inform the Buyer before the sale,
- To finalize withdrawal and return requests in accordance with the legislation,
- To process the Buyer's personal data in accordance with the relevant legislation,
- To keep records related to the order for the legal period
agrees.
The Ministry of Trade informs that information and documents related to distance contracts must be kept for three years.
18. Personal data
The Buyer's personal data may be processed for the purpose of receiving the order, carrying out the payment, issuing the invoice, delivering the product, providing customer services, and fulfilling legal obligations.
Details regarding the processing of personal data are explained in the Privacy Policy and GDPR Clarification Text on the website.
19. Complaints and dispute resolution
The Buyer may submit complaints regarding the order or product to the Seller through the following communication channels:
Email: [Email address]
Phone: [Phone number]
Address: [Company address]
If disputes cannot be resolved, the Buyer may apply to the Consumer Arbitration Committee or Consumer Court in the place of their residence or where the transaction was made, within the monetary limits in force.
20. Notifications
The parties agree that the email addresses and contact information specified during the order are valid notification addresses.
Notifications made to existing information are considered valid unless changes in contact information are notified to the other party.
21. Effectiveness
Before placing an order, the Buyer;
- Acknowledges having read the pre-information form,
- Acknowledges having learned the basic features of the product,
- Acknowledges having been informed about the total sales price and additional costs,
- Acknowledges knowing the right of withdrawal and return conditions,
- Acknowledges having approved this Distance Sales Agreement electronically
declares and accepts.
This agreement comes into force with the Buyer's electronic approval.