Distance Sales Contract

This Agreement governs the rights and obligations of the parties regarding the sale and delivery to the BUYER of the following product(s) ("Product(s)) that the BUYER (Consumer) wishes to purchase by placing an order on the SELLER's electronic commerce website https://www.iznikmavicini.com/ ("WEBSITE"), including when the BUYER (Consumer) makes transactions using the application on his/her mobile device, and other matters. After the BUYER confirms this Agreement on the WEBSITE, the price and expenses of the Product(s) ordered will be collected through the payment method he/she has chosen.
Article 1 - PARTIES
SELLER: Mavi Çini Ceramics and Tourism Business Industry Trade Ltd. Co.
Address: Selçuk Neighborhood, Yunus Emre Street, No:14, İznik / Bursa Phone: +90 224 757 65 03
Fax: +90 224 757 65 58
E-Mail: cini@iznikmavicini.com
Bank Account: TL
Branch Code: 0269
Account Number: 48985513 – 5001
IBAN TL: TR690001000269489855135019
Bank Account: USD
Branch Code: 0269
Account Number: 48985513 - 5019
IBAN USD: TR690001000269489855135019
BUYER (CONSUMER): Name, Surname / Title:
Address:
Telephone :
Email:
Article 2: CONTRACTUAL PRODUCT, PRICE, PAYMENT AND DELIVERY
PRODUCT:
Payment (Collection) Information
Payment Method-Means:
Amount withdrawn:
Delivery Information:
Name, Surname / Title:
Address:
Telephone :
Email:
Billing Information :
Name, Surname / Title:
Address:
Telephone :
Email:
Article 3 - MATTERS OF WHICH THE BUYER WAS INFORMED IN ADVANCE
BUYER confirms and accepts that he/she has been informed about the following matters by seeing and examining all general and special explanations on the relevant pages and sections of the WEBSITE before this Agreement is accepted and established by the BUYER on the WEBSITE and before placing an order or taking on the payment obligation.
- SELLER's title, contact information and current introductory information,
- Appropriate tools and methods for correcting incorrectly entered information and the sales process stages during the purchase of the product(s) from the WEBSITE,
- The confidentiality, data use-processing and electronic communication rules applied by the SELLER to the BUYER's information, and the permissions given by the BUYER to the SELLER in these matters, the BUYER's legal rights, the SELLER's rights and the procedures for the parties to exercise their rights,
- Shipping restrictions for the products as stipulated by the SELLER,
- Payment methods and instruments accepted by the SELLER for the Product(s) subject to the contract, basic features and characteristics of the Products, total price including taxes (total price to be paid by the BUYER to the SELLER, including relevant expenses),
- Information on the procedures for delivering the products to the BUYER and shipping-delivery-cargo costs,
- Other payment/collection and delivery information regarding the products and information regarding the performance of the Agreement, the commitments and responsibilities of the parties in these matters,
- Products and other goods and services for which the BUYER does not have the right of withdrawal,
- In cases where the BUYER has the right of withdrawal, the conditions, duration and procedure for exercising this right and the fact that the BUYER will lose his right of withdrawal if the right is not exercised in due time,
- For Products with a right of withdrawal, if the Product is damaged or altered due to not being used in accordance with the instructions, normal operation or technical specifications within the withdrawal period, the BUYER's withdrawal request may not be accepted and he/she will be liable to the SELLER in any case. In cases where the SELLER accepts the product, he/she may deduct (set off) from the refund to be made to the BUYER an amount he/she deems appropriate depending on the damage or alteration in question.
- In cases where the right of withdrawal exists, how the Products can be returned to the SELLER and all related financial matters (including return methods, costs and refund of the Product price and discounts and offsets that can be made from the refund to the BUYER for reward points earned/used by the BUYER during the return, free products in promotional sales, other free/discounted/discounted opportunities provided, gift certificates, etc. and additional collections from the BUYER in cases where these are not sufficient),
- If the BUYER is a legal entity, he/she cannot exercise his/her "consumer rights", especially the right of withdrawal, for the Products he/she purchased for commercial or professional purposes (for example, bulk purchases are considered as such in any case),
- Depending on its nature, this Agreement and all other sales conditions included in this Agreement may be stored and accessed by the BUYER for a period of time as it is sent to the BUYER via e-mail after being approved and established by the BUYER on the WEBSITE, and the SELLER may keep it for a period of three years.
- Procedures and practices regarding privacy, personal data and electronic communications,
- In case of dispute, the BUYER may submit his complaints to the SELLER through the contact information and legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.
Article 4 - RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from this Agreement within fourteen (14) days from the date of receipt of the Product, without giving any reason and without paying any penalty.
However, legally, there is no right of withdrawal in contracts concerning the following goods/services, even if they have not been used/utilized: Goods prepared in line with the BUYER's special requests or personal needs (including those made specific to the person/personal needs by making changes or additions, including special Products imported/procured from within the country or abroad based on the BUYER's order).
In cases where the right of withdrawal is available, the BUYER is legally responsible for any changes or deteriorations that occur if the product is not used in accordance with its operation, technical specifications, and operating instructions during the withdrawal period. Accordingly, if any changes or deteriorations occur due to failure to use the product in accordance with its operation, technical specifications, and operating instructions during the withdrawal period, the BUYER may lose the right of withdrawal. If accepted by the SELLER, a deduction will be made from the price of the returned product in the amount of the change/deterioration. In cases where the right of withdrawal is available, it is sufficient for the BUYER to send a clear notification to the SELLER within 14 days (verbally/in writing to the contact addresses specified above) that they have exercised their right of withdrawal. If this right is exercised within the specified period, the Product must be returned to the SELLER's address above, at the BUYER's expense, within the maximum legal period. If a contracted cargo company is specified on the WEBSITE for product returns, the BUYER can send the Product to a branch within or outside the district where it is located. In this case, the BUYER will not be charged any costs. In this return, the Product must be returned complete and undamaged, including its box, packaging, and any standard accessories. In addition, in cases where a Return Invoice is legally required by the BUYER, the section regarding the return specified below must be filled out and signed on the invoice to be returned with the Product. Returns of orders for which invoices are issued in the name of institutions (legal entities) will not be accepted unless a Return Invoice is issued. "The address to which the Product will be returned is the SELLER's address / the address of the cargo company to which it was delivered for return." Provided that the aforementioned requirements are fulfilled by the BUYER, the price of the Product and, if any, the delivery costs of the Product to the BUYER will be refunded to the BUYER in accordance with the payment method used when purchasing the Product. The BUYER's legal rights and responsibilities regarding the Products after the withdrawal period and the SELLER's rights and obligations, including contractual and legal rights of collection and offset, including those related to reward points and free/discounted/discounted sales from the BUYER, are also present and valid.
ARTICLE 5 - RULES ON SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The privacy rules-policy and conditions briefly stated below (the current principles are comprehensively and in detail in the relevant sections of the WEBSITE) apply to the protection, confidentiality, processing-use and communications of information on the WEBSITE and other matters.
5.1. Necessary measures for the security of the information and transactions entered by the BUYER on the WEBSITE have been taken within the SELLER's system infrastructure, within the limits of current technical capabilities, depending on the nature of the information and transactions. However, since the information in question is entered from the BUYER's device, the BUYER is responsible for taking the necessary precautions, including those against viruses and similar malicious applications, to protect it from unauthorized access.
5.2. In addition to and in confirmation of the BUYER's permissions and approvals regarding personal data and commercial electronic communications provided by other means, the information obtained during the BUYER's membership to the WEBSITE and purchases may be recorded, stored in printed/magnetic archives, updated, shared, transferred, used, and processed in other ways indefinitely or for a period determined by the SELLER, its current and future affiliates, subsidiaries, partners, successors, and/or third parties/organizations designated by them for the provision of various products/services and all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card, and membership applications by the specified parties and their successors. These data may also be submitted to the relevant authorities and courts when required by law. The BUYER consents and allows the use, sharing and processing of his/her current and new personal and non-personal information within the above scope in accordance with the legislation on the protection of personal data and electronic commerce legislation, and to receive commercial and non-commercial electronic and other communications.
5.3. The BUYER may stop data use and processing by contacting the SELLER through the specified communication channels and/or by contacting the SELLER through the same channels in accordance with legal procedures or by exercising its right of refusal in electronic communications sent to it at any time. Pursuant to the BUYER's express notification in this regard, personal data processing and/or communications to the BUYER will be stopped within the legally maximum period. Furthermore, if the BUYER so requests, information other than that which is legally required and/or possible to be preserved will be deleted from the data recording system or anonymized in a manner that prevents identification. The BUYER may, if it wishes, contact the SELLER through the above communication channels and receive information regarding the processing of its personal data, the persons to whom it was transferred, the correction of incomplete or inaccurate data, the notification of corrected information to relevant third parties, the deletion or destruction of data, objection to any adverse outcome resulting from analysis by automated systems, and compensation for damages incurred due to unlawful processing of data. Applications and requests regarding these matters will be fulfilled within the legally maximum period or may be rejected after the legal justification is explained to the BUYER.
5.4. Regarding all information and content of the WEBSITE and their arrangement, revision and partial/full use, all intellectual and industrial property rights and property rights belong to the SELLER, except those belonging to other third parties in accordance with the agreement of the SELLER.
5.5. SELLER reserves the right to make any changes it may deem necessary regarding the above issues; these changes shall be valid from the moment they are announced by SELLER on the WEBSITE or by other appropriate methods.
5.6. Other sites accessed from the WEBSITE are subject to their own privacy-security policies and terms of use, and the SELLER is not responsible for any disputes or negative consequences that may arise.
Article 6 - GENERAL PROVISIONS
6.1. The Product subject to this contract will be delivered to the BUYER or to a third party at the address specified on the WEBSITE, in accordance with the principles set forth below, provided that the legal 30-day period is not exceeded. SELLER ships and delivers the Products through a contracted cargo company. If this cargo company does not have a branch in the BUYER's location, the BUYER must pick up the Product from a nearby branch of the cargo company specified by the SELLER. Products in stock will be delivered to the cargo company within the legal period from the date of order to the person and address specified by the CONSUMER at the time of order. Cargo companies deliver shipments received from the SELLER to the BUYERS within an average of 3 (three) business days under normal circumstances, although this varies depending on the distance.
6.2 In general, and unless expressly stated otherwise, delivery costs (shipping fees, etc.) are the responsibility of the BUYER. The SELLER may not reflect all or a portion of the delivery costs in question to the BUYER, depending on the campaigns it runs at the time of sale and the terms of which are announced on the WEBSITE. In cases where the right of withdrawal is used for all or part of the ordered products (if any, which the BUYER benefits from), if the minimum shopping amount falls below the SELLER's free shipping (delivery) campaign minimum shopping amount, the entire delivery-shipping fee that has not been collected within the scope of the campaign will be deducted from the amount to be refunded to the BUYER (in cases where the BUYER pays the delivery-shipping fee, this fee will be refunded). Similarly, in cases where the BUYER receives a discount or a free product (gift) of the same nature by shopping the minimum amount of any SELLER campaign, or gift certificates, etc. In all cases where the right of withdrawal is used for all or part of the ordered products, if the minimum price in question has fallen below or the condition for earning/using gift certificates etc. has been eliminated in any way, thus in general terms, if the terms of benefiting from the campaign / earning or using conditions have been violated/not complied with by the BUYER, the entirety of the said discount/discount (if any, also the price of the gift product) will be deducted from the amount to be refunded to the BUYER, and in cases where it is not sufficient, it will be collected from the payment tool (including credit card, etc.) used during the shopping; If the BUYER has earned (virtual/physical) gift certificates, points, etc. due to his shopping, these will be canceled, and if he has used (virtual or physical) gift certificates, points, etc., the entire price will be deducted from the amount to be refunded to the BUYER, and in cases where it is not sufficient, it will be collected as above. These provisions, in addition to the cases where the right of withdrawal is used, will also be applied in all other cases where product returns are possible, excluding defective products.
6.3. If the BUYER is not present at the address at the time of delivery and the persons at the address do not accept the delivery, the SELLER will be deemed to have fulfilled its obligation in this regard. If no one is present at the address to receive the delivery, it is the BUYER's responsibility to contact the cargo company and monitor the shipment of the products. If the product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered is not present at the address or does not accept the delivery. In such cases, all damages arising from the BUYER's late receipt of the product, as well as any expenses incurred due to the product being held by the cargo company and/or the cargo being returned to the SELLER, are the responsibility of the BUYER.
6.4. The BUYER is responsible for checking the Product upon receipt and, if any problem is detected with the Product due to the cargo, to refuse to accept the Product and to have a report drawn up by the cargo company representative. Otherwise, the SELLER will not accept any liability.
6.5. Unless otherwise stipulated in writing by the SELLER, the BUYER must have paid the price in full before taking delivery of the Product. If the Product price is not paid in full to the SELLER before delivery in cash sales, or if the due installment amount is not paid in installment sales, the SELLER may unilaterally cancel the contract and not deliver the Product. If, for any reason after the delivery of the Product, the bank/financial institution to which the credit card was issued does not pay the Product price to the SELLER or demands a refund of the amount paid, the Product shall be returned to the SELLER by the BUYER within 3 days at the latest. If non-payment of the Product price is caused by a fault or negligence of the BUYER, the shipping costs shall be covered by the BUYER. All other contractual-legal rights of the SELLER, including the right to pursue the receivable price of the Product without accepting the return, are also reserved in all cases. For the avoidance of doubt; In cases where the BUYER pays the sales price using a credit card, installment card, etc., obtained from banks (including financial institutions), all facilities provided by these cards are credit and/or installment payment options provided directly by the card issuing institution. Product sales made within this framework, for which the SELLER collects the price in a lump sum or in stages, are not credit or installment sales for the parties to this Agreement, but are cash sales. The SELLER's legal rights in cases legally considered installment sales (including the right to terminate the contract in the event of non-payment of installments and/or to demand payment of the entire remaining debt along with default interest) are available and reserved within the framework of the relevant legislation. In the event of default by the BUYER, default interest will be applied at a monthly rate as stipulated by applicable laws.
6.6. If the Product cannot be delivered within the legal maximum 30-day period due to extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquake, flood, fire) outside of normal sales/delivery conditions, the SELLER will notify the BUYER regarding delivery. In this case, the BUYER may cancel the order, order a similar product, or wait until the extraordinary circumstances are resolved.
6.7. If the SELLER determines that it cannot supply the Product subject to the Contract, it may supply another good/service of equal quality and price, provided that it clearly notifies the BUYER through a legal method and obtains its verbal/written consent within three (3) days from the date of learning of this situation, and thus, the SELLER shall be deemed to have fulfilled its commitment under the Contract. The BUYER is free to give or withhold such consent in all respects, and in cases where it does not give consent, the contractual and legal provisions regarding order cancellation (termination of the Contract) shall apply.
6.8. In case of order cancellations and terminations of the Contract, including withdrawals in accordance with the Contract and law, if the Product price has been collected, it will be refunded to the BUYER within a maximum of 14 days. The requirements of the following rule are reserved. The refund will be made in accordance with the payment method used by the BUYER to pay the Product price to the SELLER. For example, in credit card payments, the refund will be made by refunding the BUYER's credit card, and the Product amount will be refunded to the relevant bank within the same period following the BUYER's cancellation of the order. Since the reflection of this amount in the BUYER's account after the refund is made by the SELLER depends entirely on the bank transaction process, the BUYER acknowledges in advance that the SELLER will not be able to intervene or assume any responsibility for any possible delays (banks generally take up to three weeks to reflect the refund in the BUYER's account). The SELLER reserves the right to offset, discount, and deduction the refund amount arising from this Contract and the law. The BUYER's legal rights are also reserved and available in cases where the contract is terminated by the BUYER due to the SELLER's failure to perform its obligations.
6.9. BUYER may notify SELLER of his/her requests and complaints regarding the Product and sales, verbally or in writing, by reaching SELLER through the communication channels in the introduction section of the Contract.
6.10. Some of the matters stated in Article 3 above may not be included in this Agreement due to their nature; however, they are included in the Preliminary Information viewed/approved by the BUYER on the WEBSITE, as well as in the sales stages or general information pages/sections of the WEBSITE, depending on the interest.
6.11. The BUYER may access and review the aforementioned Information and this Agreement at any time by saving and storing the aforementioned email on their device, as they are sent to the email address they provided after acceptance. Furthermore, they are retained in the SELLER's systems for a period of three years.
6.12. In resolving any dispute that may arise from this Agreement and/or its implementation, SELLER records (including records in magnetic media such as computer-voice recordings) shall constitute evidence; the rights of the parties arising from the relevant mandatory legal regulations in this regard are valid and reserved.
Article 7 - BUYER'S LEGAL REMEDIES - COMPETENT JUDICIAL AUTHORITIES
In disputes arising from this Agreement, Provincial and District Consumer Arbitration Committees shall have jurisdiction, within the monetary limits determined and announced annually by the Ministry of Trade, and Consumer Courts shall have jurisdiction, in cases exceeding these limits. The BUYER may, within this framework, apply to the Arbitration Committees and Consumer Courts in their own or, if they so desire, the SELLER's place of residence. The BUYER acknowledges and declares that it has read all the conditions and explanations written in this Agreement and in the preliminary order-contract information (on the WEBSITE), which constitute an integral part of it; that it is informed in advance of all matters written in Article 3 of this Agreement, including the basic features-qualifications of the Product(s) subject to sale, the sales price, payment method, delivery conditions, all other preliminary information-information regarding the SELLER and the Product subject to sale, the right of withdrawal, personal information, electronic communication and reward points conditions; that it has seen all of them electronically on the WEBSITE; and that it has accepted the provisions of this Agreement by ordering the Product by electronically confirming-approving-accepting-permitting all of these. Both the aforementioned preliminary information and this Agreement are also sent to the above-mentioned e-mail address provided by the BUYER to the SELLER; and the confirmation of receipt of the order is also included in the said e-mail together with the order summary.
If the order is placed, the BUYER is deemed to have accepted all the terms of this contract.