Distance Sales Agreement
BUYER

SELLER

Trade Name:

Toprak Art Gallery

Address: Kemerağzı mahallesi Yaşar Sobutay Bulvarı Perge Mall No:15 Kundu, Antalya, Turkey

Phone: +90 555 628 51 95

Seller Email: info@toprakrugs.com

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Courier Company for Buyer’s Return to Seller in Case of Return

: Fedex || UPS

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Article 2- Subject

The subject of this Distance Sales Agreement (hereinafter referred to as the “Agreement”) is the sale of the product/products specified in this Agreement, including their qualities and sales price, by the BUYER through electronic means on the website named “www.toprakrugs.com” belonging to the SELLER (hereinafter referred to as the “website”), in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014, and the determination of the payment of the sales price, delivery, and other rights and obligations of the Parties, as well as the resolution of disputes arising from this Agreement.

Article 3- Payment

3.1. The sales price including VAT and delivery fee of the product/products ordered by the BUYER under this Agreement shall be paid by the BUYER in accordance with the payment method and conditions specified in this Agreement.

3.2. The BUYER shall pay for the product/products ordered from the website using a Visa or Mastercard credit card. Orders placed under this Agreement will be processed after the sales price of the product/products is blocked from the credit card by the bank on behalf of the SELLER.

3.3. The SELLER shall not be liable for any deductions made by banks during payments under different names.

3.4. In the event of any campaign, discount, or similar application announced by the SELLER in accordance with the legislation and valid for distance sales at the time the BUYER orders the product/products, such application will also apply to the BUYER’s order provided that the BUYER meets the conditions of the campaign.

3.5. After the delivery of the product/products, if the BUYER’s credit card is used unauthorizedly by unauthorized persons, and if the bank or financial institution fails to pay the price of the product/products to the SELLER due to reasons not caused by the BUYER, the BUYER agrees, declares, and undertakes to send the product/products delivered to them to the SELLER within 14 (fourteen) days at the latest from the written notification of the SELLER regarding the matter, unused, undamaged, in its original condition, i.e., disassembled, complete, and undamaged, and agrees that the shipping costs will be covered by the BUYER. Otherwise, the BUYER accepts and undertakes that any and all legal actions will be taken against them, including any damages incurred by the SELLER.

3.6. The offering of installment payment options under the campaigns of the BUYER’s bank is beyond the control of the SELLER. Campaigns within the knowledge and discretion of the SELLER will be announced on the website.

3.7. The delivery fee, except under the conditions specified by the SELLER, is not included in the price of the product/products and will be added to the price of the product/products to be paid by the BUYER, along with any additional expenses if any, and will be paid by the BUYER together with the price of the product/products.

Article 4- Delivery

4.1. The product/products ordered by the BUYER electronically shall be delivered to the individuals at the address specified by the BUYER or notified by the BUYER through the shipping company agreed upon by the SELLER within a legal period of 30 (thirty) days. If the BUYER is not present at the address provided at the time of delivery, the product/products will be deemed to have been delivered to the individuals whose names have been previously notified by the BUYER and who are present at this address, against their signatures. If the product/products cannot be delivered within 30 (thirty) days from the order date, the BUYER may terminate the Agreement.

4.1.2. If the BUYER is not present at the specified address at the selected date and time intervals or if another person designated by the BUYER to receive the order has not been notified, the delivery cannot be made. In this case, no refund will be made to the BUYER.

4.1.3. Even if the BUYER or the authorized person designated by the BUYER for delivery of the product/products is not present at the delivery address, the SELLER shall be deemed to have fully and completely fulfilled its obligation. Therefore, the BUYER is responsible for any damages, losses, and expenses incurred due to the BUYER’s delay in receiving the product/products or failure to receive them.

4.2. The invoice to be issued for the product/products paid by the BUYER and the shipping service fee, to be issued in the name of the individuals or legal entities specified by the BUYER or the SELLER, will be digitally issued within the scope of the E-archive application and sent to the BUYER’s e-mail address by the SELLER. The product/products will be delivered to the delivery address specified by the BUYER together with the invoice.

4.3. If the product/products subject to the Agreement will be delivered to a person other than the BUYER, the SELLER shall not be held liable if the person to be delivered does not accept the delivery.

4.4. The SELLER shall ensure the delivery of the product/products in a manner appropriate to the nature of the product/products, in such a way as to not damage the product/products during transportation, and shall take care to deliver the product/products together with the warranty documents, user manuals, and if any, standard accessories, to the BUYER.

4.5. The SELLER may supply a different product of equal quality and price to the BUYER before the expiry of the performance period arising from the Agreement, provided that it expressly obtains the BUYER’s approval. In this case, the shipping costs of the product/products for return will be covered by the SELLER.

Article 5: RIGHT OF WITHDRAWAL OF THE BUYER:

The BUYER has the right to withdraw from this Agreement within fourteen (14) days from the date of receipt of the Product without showing any reason and without paying any penalty. However, according to the law, there is no right of withdrawal for the following goods/services, even if they are unused/unutilized:

5.1 Goods prepared in accordance with the special requests of the BUYER or personalized according to his/her personal needs (including those made special by making changes or additions upon the request of the BUYER, and special products imported/supplied from domestic or foreign sources upon the request of the BUYER),

5.2 Perishable or goods with an expiration date,

5.3 Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and are not suitable for return due to health-hygiene reasons,

5.4 Goods mixed with other products after delivery and cannot be separated due to their nature,

5.5 Goods with opened protective elements such as packaging, tape, seal, package,

5.6 All services performed instantly in electronic environment and all kinds of immaterial goods delivered instantly to the consumer,

5.7 Goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller/provider,

5.8 Periodicals such as newspapers and magazines, except those provided under a subscription agreement,

5.9 Services commenced with the consent of the BUYER within the withdrawal period and other goods/services accepted outside the scope of distance selling according to the relevant legislation, and cases where the BUYER makes purchases for commercial/professional purposes.

In cases where the right of withdrawal is possible, if the BUYER does not use the Product in accordance with its operation, technical specifications, and instructions for use during the withdrawal period, the BUYER is legally responsible for any changes and deteriorations that may occur. Accordingly, if there is any change or deterioration due to the Product not being used in accordance with the instructions for use, technical specifications, and operation until the withdrawal date, the BUYER may lose the right of withdrawal; in cases accepted by the SELLER, a discount will be made from the price of the Product to be returned up to the amount of change/deterioration. In cases where the right of withdrawal exists, it is sufficient for the BUYER to send a clear notification to the SELLER within the legal 14-day period by sending an email to info@toprakrugs.com (alternatively, orally/written communication to the contact addresses specified above). If the right of withdrawal is exercised within the specified period, the Product must be sent to the address of the SELLER at the above address within a maximum of ten (10) days, at the expense of the BUYER. In this return process, the Product must be delivered complete and undamaged, together with its box, packaging, and standard accessories if any. In addition, in accordance with tax legislation, in addition to cases where a Return Invoice must be issued by the BUYER by law, the section related to the return will be filled out and signed on the invoice to be returned with the Product. Return of order refunds the purchase price to the BUYER’s payment method used at the time of purchase within 14 days from the date the withdrawal notice reaches the SELLER.

Article 6 – GENERAL PROVISIONS

6.1. The BUYER acknowledges, declares, and undertakes that he/she has read and understood the pre-information on the website regarding the basic qualities of the product/products subject to the Agreement, the sales price including VAT, the validity period of all commitments of the SELLER including the price, and the payment method and delivery; how to exercise the right of withdrawal and if there is any cost to be borne by the BUYER, the address, telephone number, and other contact information of the SELLER, and that complaints and objections can be made to the consumer problems arbitration board or consumer court where the BUYER purchased the goods or services or where he/she resides, within the monetary limits determined by the Ministry of Customs and Trade.

6.2. The BUYER acknowledges, declares, and undertakes that persons under the age of 18 cannot make purchases from the website, even if products for children are offered for sale, and that the SELLER will not be liable in any way for damages suffered by third parties due to the order being placed in violation of this rule. If the SELLER determines that there has been a violation of this provision, it reserves the right to cancel the order and terminate the Agreement.

6.3. The SELLER reserves the right to suspend or terminate the order if it determines that the information provided by the BUYER does not match. In such a case, if the SELLER cannot reach the BUYER through the telephone, e-mail, or delivery address provided by the BUYER, the SELLER suspends the order processing for a period of 5 (five) days. During this period, the BUYER is expected to contact the SELLER regarding the matter. If the BUYER does not contact the SELLER within this period, the order will be canceled. In the event of cancellation of the order, any payments made by the BUYER will be refunded within 14 (fourteen) days. In the case of payments made by credit card, the refund will be made to the credit card used for the payment. It is sufficient for the SELLER to carry out the refund process within this period, and the SELLER cannot be held responsible for the processing time of the refund by the bank.

6.4. Events that are not existing and unforeseeable at the time of signing the Agreement, developing outside the control of the Parties, and making it partially or completely impossible for the Parties to fulfill their obligations and responsibilities under the Agreement will be considered force majeure. If the SELLER cannot deliver the products specified in the Agreement within the legal period of 30 (thirty) days due to force majeure events (natural disasters, fires, explosions, internal wars, wars, riots, public movements, declaration of mobilization, strikes, lockouts, epidemics, problems arising from the internet system or service providers providing internet services, actions and transactions of competent authorities, depletion of stocks, commercial impossibilities, or adverse weather conditions that prevent transportation), the SELLER is obliged to inform the BUYER about the situation. In this case, the BUYER may choose to cancel the order, replace the products subject to the Agreement with equivalent ones if available, and/or postpone the delivery period until the impediment is eliminated. If the BUYER cancels the order, the amount paid will be refunded within 14 (fourteen) days.

6.5. The SELLER is not responsible for price and content inaccuracies caused by typesetting and system errors. If it is determined that the price of the product is clearly stated at a significantly lower price than the market price that an average person would understand as an obvious mistake, the SELLER has the right to cancel all orders given based on this erroneous price. In such a case, the BUYER agrees not to make any claims or demands, including the delivery of the product at the erroneously stated lower price, due to the obvious error in the price.

6.6. As the data controller, the Seller stores some personal information of the Buyer (such as name-surname, telephone, TR Identity Number, address or e-mail addresses, etc.) within the framework of the Distance Sales Agreement and the pre-information form.

The Seller may use or store the aforementioned information to contact the Buyer or process it if necessary during the shopping process. Personal Data may also be transferred to and processed by companies with which the Seller cooperates for the purposes of conducting research to improve its processes, creating a database, conducting market research, and communication/marketing activities. The Buyer acknowledges and agrees that they have expressly consented to the Seller transferring, processing, and storing the personal data of the members to the real and/or legal persons with whom the Seller cooperates for the specified purposes within the framework of the Law on the Protection of Personal Data No. 6698.

The Buyer has the right, at any time, to apply to the Seller, the Data Controller within the scope of the Law, to learn whether his/her personal data are processed, to request information if personal data are processed, to learn the purpose of processing personal data and whether they are used appropriately for their purpose, to know the third parties to whom personal data are transferred, to request correction of personal data if they are incomplete or incorrectly processed, and if the processed data results in an unfavorable consequence for the person, to object to it, to request the deletion, destruction, or anonymization of personal data if the reasons requiring processing disappear, and to request the fulfillment of his/her damages within the framework of the laws if any damage occurs due to the illegal processing of the data.

Article 7 – APPLICABLE LAW AND RESOLUTION OF DISPUTES

7.1. Turkish Law shall apply to the interpretation and application of this Agreement and to any disputes arising out of or in connection with this Agreement.

7.2. The BUYER has the right to apply to the Consumer Arbitration Committees up to the value declared by the Ministry of Customs and Trade for disputes falling within the scope of Law No. 6502 regarding the application of this Agreement, and to the Antalya Courts for disputes exceeding this value.