الأحكام والشروط

  DISTANCE SALES CONTRACT

1. SUBJECT

 Last updated: March 1, 2023

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The subject of this Distance Sales Contract (“Contract”) is, between the person who purchases the product(s) or service(s), the (“Buyer “) from the dalyastudio.com website the (“Store”) and the Limited Company “SIBAI GAYRIMENKUL INŞAAT SAN. TIC. LTD. ŞTI.”, the (“Seller”) responsible for the supply and delivery of the order placed on Store. 

 

The Contract details the rights and obligations as per the Act Number 6502 and Distance Contracts concerning the Protection of Consumers in accordance with regulation.

 

The Buyer and the Seller will be referred to as Party individually, and as Parties collectively.

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2. SELLER INFORMATION

Company Name:

SIBAI GAYRIMENKUL INŞAAT SAN. TIC. LTD. ŞTI.

 

Address:

Büyükçekmece-Baykent/ Pınartepe Mah./Avrupa Cad/ Vista 4 sitesi/ E No.83 R/dükkan kapı No.5, Dalya Studio

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E-Mail:

[email protected]

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3. RECEIVER INFORMATIONS

Name / Surname / Title: {_aliciad_} {_alicisoyad_}
Address: {_ delivery
address_} Telephone: {_ recipientphone_}
E-mail: {_ recipient_}
Tc No: {_ tcid_}

 

4. BASIC FEATURES AND SALES INFORMATION OF THE PRODUCT(S) OR SERVICE(S) SUBJECT TO ORDER

Date: {_ date_}
{_product information_}
Cargo Amount: {_kargo_}

The type and type, quantity, brand / model color and sales price of the products are as stated above.
Payment method: {_odemesekli_}
Delivery address: {_ delivery address_}
{_odemetable_}

 

5. RIGHT TO WITHDRAWAL

5.1 The Buyer may use the right of withdrawal from the contract by refusing the goods without any legal and criminal liability and without any justification within 3 (three) days from the date of delivery of the product to him or to the person / organization at the address indicated in this Contract regarding the sale of goods. The costs arising from the exercise of the right of withdrawal belong to the Buyer.

 

5.2 In order to use the right of withdrawal, a written notification must be made to the Seller’s relevant addresses specified in point 2 (two) by e-mail to the Seller within 3 (three) days of receiving the good at the Buyer address.

 

5.3 In case of using the right of withdrawal:

 

1. The invoice of the product delivered to the third parties other than the Buyer or to the Buyer (if the invoice of the product to be returned is issued on behalf of the legal person / merchant, it must be sent together with the return invoice issued by the legal person / merchant. Refunds will not be completed unless the RETURN INVOICE is issued.)

 

1. Return form (see Annex-1); In order for the Buyer to use the right of withdrawal, he is required to fill in the return form and deliver the product to the cargo / shipping company together with the return form. The Buyer reserves the right to make a declaration of withdrawal in addition to the return form.

 

1. The products to be returned must be delivered complete, unopened, and undamaged, together with the original boxing, packaging, and standard accessories, if any.

 

5.4 The Seller is obliged to return to the Buyer the total amount collected, without the delivery costs of the goods to the Buyer, if any, within 30 (thirty) days at the latest after the withdrawal notification is received. If the Seller does not make an offer that he will take back the goods after the withdrawal notification is received, the Buyer has to return the goods to the Seller within 7 (Seven) days from the date of the notification that he has exercised his right of withdrawal via the cargo / shipping company that made the first delivery to the Seller.

 

5.5 If there is a decrease in the value of the product or the return becomes impossible due to a reason caused by the Buyer’s fault, or in cases where the product is totally or partially damaged, the right of withdrawal cannot be exercised. (As an example, All Art Works are NOT eligible for a return).

 

5.6 If the campaign limit amount set by the Seller is reduced due to the use of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.

 

5.7 The Buyer acknowledges that he/she cannot use its right of withdrawal in accordance with the first paragraph of point 5 of the Distance Sales Contract in the following cases:

 

1. Goods or services which prices vary depending on fluctuations in financial markets and are not under the control of the seller or supplier.
2. Goods that are considered as Finished Art Work or Hand Made pieces.
3. Goods prepared in line with the consumer’s wishes or personal needs.
4. Perishable or expired goods.
5. Goods which protective elements such as packaging, tape, seal, package have been opened after delivery; those whose return is not suitable in terms of health and hygiene.
6. Goods that are mixed with other products after delivery and cannot be separated by their nature.
7. If the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods, in addition to books, digital content and computer consumables provided in the material environment.
8. Periodicals products such as newspapers and magazines, except those provided under the subscription agreement.
9. Services related to the use of leisure time for accommodation, furniture transportation, car rental, food and beverage supply and entertainment or recreation, which should be done on a specific date or period,
10. Immediate services in electronic environment or intangible goods delivered immediately to the consumer,
11. Services started with the approval of the consumer before the right of withdrawal expires.

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We reserve the right to refuse returns of any merchandise that does not meet the above return conditions in our sole discretion.

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6. DELIVERY

6.1 The Seller determines the cargo and / or shipping companies that will be used to send the products, depending on the results of the campaigns, including the shipping fee, that the Seller conducts at the time of sale and declares the terms on the website and makes the shipments to the Buyer with these companies. 

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6.2 The order will be delivered by hand at the above-mentioned address of the Buyer, through a cargo / shipping company contracted with the Seller that the consumer chooses. The Seller is responsible for the delivery of the product subject to the order within 30 (thirty) days from the date of receipt of the order in a sound, complete and in accordance with the qualifications specified in the order. For the avoidance of doubt, the date the order reaches the Seller in the sales made by wire transfer / EFT will be taken as the date of payment.

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6.3 If the Seller cannot supply the ordered products, it may supply another good, provided that he informs the Buyer within 7 (seven) days from the date of learning of this situation, and obtains its verbal / written approval. In cases where the Buyer does not approve, the order will be canceled, and a payment will be refunded.

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6.4 In case of extraordinary circumstances (such as adverse weather, heavy traffic, earthquake, flood, curfew, etc.), the Seller contacts the Buyer regarding the failure to deliver the product within the legal period of 30 (thirty) days. In this case, the Buyer may cancel the order, order a similar product or wait until the disaster is over.

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6.5 If the Buyer is not present at the time of the delivery of the products at the Buyer’s address, or the persons at the address do not accept the delivery, the Seller will be deemed to have fulfilled the action in this regard. It is the responsibility of the Buyer to follow up and arrange the shipment delivery of the order by contacting the cargo / shipping company if there is no person to receive the delivery at the address.

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6.6 The Buyer may take photos of the relevant products at home or places and allow them to be shared on the internet and social media channels determined by the Seller, provided that the explicit consent of the relevant person is obtained.

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7. GENERAL PROVISIONS

7.1 The contractual product is delivered to the Buyer or the person / organization at the address indicated by the shipping company with which the Seller has an agreement, provided that the legal period does not exceed 30 (thirty) days from receiving and confirming the order by the Seller.

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7.2 The Buyer is responsible for checking the products as soon as they are received and when they see a problem in the product due to production or shipment, the Buyer should not accept the product and should file a report to the shipping company official. Otherwise, the Seller will not accept any liability.

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7.3 The Buyer accepts that he has received the goods free of any defects in cases where he does not file a report regarding any defect in the product he has received. Except for the hidden defect found in the product, the Buyer cannot make an objection to the defect later.

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7.4 The Buyer must have paid the price before receiving the product, unless otherwise stipulated in writing by the Seller. If the product price is not paid to the Seller before the delivery in cash sales and the due installment amount is not paid in installment, the Seller may unilaterally cancel the contract and not deliver the product.

 

7.5 If, for any reason, after the delivery of the product, the bank or the financial institution to which the transaction is made does not pay the price of the product to the Seller, the product will be returned to the Seller by the Buyer within 3 (three) days at the latest. All other contractual and legal rights of the Seller, including the follow-up to the product price without accepting the return, are reserved separately and in all cases.

 

7.6 If it is understood that the products subject to the contract cannot be supplied for a justified reason except in extraordinary situations, the Seller may supply another product of equal quality and price by informing the Buyer and obtaining his approval, and it is deemed to have fulfilled the contractual commitment in this way. In cases where the Buyer does not give approval, the provisions regarding order cancellation are applied.

 

7.7 The Buyer acknowledges and declares that he has read, understood and approved all information contained in this Agreement, including but not limited to the basic characteristics of the product / products offered by the Seller, sales price, payment method, right of withdrawal, return and delivery.

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8. COMPLAINTS / REQUESTS AND AUTHORIZED COURT

The Buyer may contact the Seller directly from the address and communication channels stated in point 2 regarding his complaints and requests.

 

In addition, the Buyer may make such requests and complaints to the Consumer Arbitration Committees or Consumer Courts at the place where the consumer purchases the goods or services or where they are domiciled, within the monetary limits determined by the Ministry of Customs and Trade every year in December.

 

Istanbul (Çağlayan) Courts and Execution Offices are exclusively authorized in case of any disputes or disputes that may arise between the Parties within the scope of this Agreement.

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9. SEVERABILITY

If any provision of the Contract is found to be unenforceable, the Parties shall replace these provisions with a similar but applicable provision and ensure that the existence of the Contract continues without impairing its integrity.

10. ENFORCEMENT

All information and conditions of this contract have been accepted by the “Buyer” both on the website before the order is placed and after the order has been placed.

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Distance Sales Contract for Dalya Studio e-store