Terms of service
DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement has been executed between the following parties under the terms and conditions stated below.
‘BUYER’ (hereinafter referred to as the "BUYER")
‘SELLER’ (hereinafter referred to as the "SELLER")
By accepting this agreement, the BUYER acknowledges that upon confirming the order subject to this agreement, they will be obliged to pay the price of the order as well as any applicable shipping fees, taxes, or additional costs, and that they have been informed accordingly.
2. DEFINITIONS
In the implementation and interpretation of this agreement, the terms listed below shall have the meanings assigned to them:
MINISTER: Minister of Customs and Trade
MINISTRY: Ministry of Customs and Trade
LAW: Law No. 6502 on the Protection of Consumers
REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)
SERVICE: Any consumer transaction other than the supply of goods that is committed to be performed in return for a fee or benefit
SELLER: The company that offers goods to the consumer within its commercial or professional activities, or acts on behalf of or for the account of the provider
BUYER: A natural or legal person who purchases, uses, or benefits from a good or service for non-commercial or non-professional purposes
SITE: The website owned by the SELLER
ORDERING PARTY: The real or legal person who requests a product or service via the SELLER’s website
PARTIES: Refers to both the SELLER and the BUYER
AGREEMENT: This Distance Sales Agreement concluded between the SELLER and the BUYER
PRODUCT: Any movable property subject to shopping, including software, audio, video, and similar intangible goods prepared for use in electronic media
3. SUBJECT
This agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product(s) specified below, which the BUYER has ordered electronically from the SELLER's website.
The listed and advertised prices on the site are the selling prices. These prices and offers remain valid until updated or changed. For limited-time offers, the prices are valid until the end of the stated period.
4. SELLER INFORMATION
Name: Seda Gün
Address: Eyüp / Istanbul
Email: fioreldesignco@gmail.com
5. BUYER INFORMATION
Recipient Name:
Delivery Address:
Phone:
Fax:
Email/Username:
6. ORDERER INFORMATION
Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:
7. PRODUCT(S)/SERVICE(S) SUBJECT TO THE CONTRACT
7.1. The main characteristics (type, quantity, brand/model, color, number) of the product(s) or service(s) are published on the SELLER's website. During promotional campaigns, you can review the product specifications throughout the campaign period.
7.2. The listed prices on the website are the selling prices. These prices and promises remain valid until they are updated or changed. Limited-time prices are valid only until the end of the specified period.
7.3. The shipping cost may vary depending on the product and is specified separately.
8. GENERAL PROVISIONS
8.1. The BUYER acknowledges, declares, and undertakes that they have read and understood all preliminary information regarding the product’s essential qualities, price, payment method, and delivery on the SELLER’s website and confirmed it electronically. The BUYER also confirms that they received the SELLER's name, address, main features of the products, including tax-inclusive prices, and payment/delivery details in full and accurately prior to the conclusion of this contract.
8.2. Each product covered by the contract shall be delivered within 30 days at the latest, depending on the BUYER's location, to the BUYER or the person/institution at the address indicated by the BUYER, as specified in the preliminary information section. If the product cannot be delivered within this time, the BUYER has the right to terminate the contract.
8.3. The SELLER agrees, declares, and undertakes to deliver the product subject to the contract completely, in accordance with the specifications stated in the order, along with documents such as warranty certificates and user manuals (if applicable), free from defects and in compliance with the legal requirements and standards, and to fulfill the service in accordance with the principles of honesty and good faith, to maintain and improve service quality, and to act with care and foresight.
8.4. Provided that the SELLER informs the BUYER and obtains explicit approval before the contractual obligation is fulfilled, the SELLER may supply a different product of equal quality and price.
8.5. If it becomes impossible for the SELLER to fulfill the obligations under the contract due to impossibility of performance regarding the product or service ordered, the SELLER shall notify the BUYER in writing within 3 days from the date it becomes aware of this situation, and shall refund the total amount paid within 14 days.
8.6. The BUYER agrees, declares, and undertakes that they will confirm this contract electronically for the delivery of the product subject to the contract and that, in the event the payment is not made or canceled in the bank records for any reason, the SELLER shall be released from the obligation to deliver the product.
8.7. If it is determined that the credit card used in the transaction was used unlawfully or without authorization by third parties after delivery of the product to the BUYER or the recipient designated by the BUYER, and the product cost is not paid to the SELLER by the related bank or financial institution, the BUYER agrees, declares, and undertakes to return the product to the SELLER within 3 days, with the shipping costs borne by the SELLER.
8.8. In cases of force majeure or unforeseen circumstances beyond the control of the parties that prevent or delay the fulfillment of their obligations, the SELLER agrees, declares, and undertakes to notify the BUYER. The BUYER has the right to request the cancellation of the order, replacement of the product, or postponement of delivery until the obstacle is resolved. In case of cancellation, if payment was made in cash, the amount will be refunded to the BUYER within 14 days. If payment was made by credit card, the refund will be processed within 14 days to the issuing bank. The BUYER acknowledges that it may take 2–3 weeks for the refund to appear in their account, depending on bank processing time, and that the SELLER cannot be held responsible for delays caused by the bank.
8.9. The SELLER may contact the BUYER via mail, email, SMS, phone, or other means using the contact details provided during registration for marketing, communication, and notification purposes. By accepting this agreement, the BUYER consents to such communications.
8.10. The BUYER shall inspect the product before accepting delivery; damaged or defective products (e.g., dented, broken, torn packaging) will not be accepted from the shipping company. Products received will be deemed undamaged. The BUYER is responsible for preserving the product carefully after delivery. If the right of withdrawal is to be exercised, the product must not be used. The invoice must be returned along with the product.
8.11. If the BUYER is not the cardholder of the credit card used for the order, or if a security risk is detected before delivery, the SELLER may request identity verification, a copy of the credit card statement, or a bank letter confirming card ownership. The order will be held until such documentation is provided. If the documents are not submitted within 24 hours, the SELLER reserves the right to cancel the order.
8.12. The BUYER declares and undertakes that the personal and other information provided during registration is accurate, and that they shall indemnify the SELLER immediately and fully for any damages resulting from incorrect information.
8.13. The BUYER agrees to comply with applicable legal regulations while using the SELLER’s website. Any legal and criminal liability arising from violations shall be borne solely by the BUYER.
8.14. The BUYER agrees not to use the SELLER’s website in any way that disrupts public order, violates general morality, harasses others, or violates laws or third-party rights. The user shall not engage in spam, virus, Trojan horse, or other activities that hinder or obstruct the use of the services by others.
8.15. The SELLER’s website may contain links to third-party websites not under its control. These links are provided for convenience only and do not constitute endorsement or warranty of the content or operators of the linked websites.
8.16. The BUYER who violates one or more of the articles listed in this contract shall be personally liable for all criminal and legal consequences of such violations and agrees to hold the SELLER harmless. In case of legal action, the SELLER reserves the right to claim damages from the BUYER.
9. RIGHT OF WITHDRAWAL
9.1. If this distance contract relates to the sale of goods, the BUYER may exercise the right of withdrawal within 14 (fourteen) days from the date of delivery to the BUYER or the person/institution designated by the BUYER, without any legal or penal liability and without providing any justification, by notifying the SELLER. For service contracts, this period begins on the date the contract is signed. The right of withdrawal cannot be exercised for services that have commenced with the consumer’s consent before the withdrawal period ends. All costs arising from the use of the right of withdrawal shall be borne by the BUYER. By accepting this agreement, the BUYER acknowledges having been informed of the right of withdrawal.
9.2. To exercise the right of withdrawal, a written notice must be sent to the SELLER within the 14 (fourteen) day period via registered mail, fax, or email. The product must also not fall under the category of “Non-returnable Products” defined in this agreement. In case the right of withdrawal is used:
a) The invoice of the product delivered to the BUYER or the third party (If the invoice is issued to a corporate entity, a return invoice must be issued and sent along with the product. If a return invoice is not issued for corporate returns, the return process cannot be completed.)
b) Return form
c) The product must be returned complete and undamaged with its box, packaging, and any standard accessories, if any.
d) Upon receiving the withdrawal notice, the SELLER is obliged to refund the total amount paid by the BUYER and any documents that place the BUYER under obligation within a maximum of 10 days, and to accept the return of the product within 20 days.
e) If the product's value has diminished due to the BUYER's fault, or if the return becomes impossible, the BUYER shall be responsible for compensating the SELLER's damages in proportion to their fault. However, the BUYER shall not be liable for any changes or deteriorations in the product resulting from its proper use during the withdrawal period.
f) If the use of the right of withdrawal results in the total purchase amount falling below the minimum threshold required to benefit from a promotional campaign, the discount applied within the scope of the campaign shall be canceled.
10. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on payments made via credit card, they accept, declare, and undertake that they will pay interest in accordance with the credit card agreement between them and the issuing bank, and that they will be liable to the bank. In this case, the bank may take legal action and demand legal fees and attorney costs from the BUYER. In any case where the BUYER defaults on their payment obligations, the BUYER agrees to compensate the SELLER for all losses and damages incurred due to delayed fulfillment of the debt.
11. COMPETENT COURT
In disputes arising from this agreement, complaints and objections may be submitted to the Consumer Arbitration Committee or the Consumer Court at the place of residence of the consumer or where the consumer transaction was conducted, within the monetary limits set forth in the relevant legislation.
As of 28/05/2014, the monetary thresholds are as follows:
a) For disputes under 2,000.00 TRY, applications must be submitted to the District Consumer Arbitration Committees.
b) For disputes under 3,000.00 TRY, applications must be submitted to the Provincial Consumer Arbitration Committees.
c) In metropolitan municipalities, for disputes between 2,000.00 TRY and 3,000.00 TRY, applications must also be submitted to the Provincial Consumer Arbitration Committees.
This Agreement is executed for commercial purposes.
12. ENTRY INTO FORCE
Once the BUYER completes the payment for the order placed through the Site, they are deemed to have accepted all terms of this agreement.
The SELLER is responsible for ensuring that this agreement is presented to and approved by the BUYER on the website before the order is finalized, via appropriate software infrastructure.
13. COMPETENT JURISDICTION
In disputes arising from this Agreement, complaints and objections may be submitted to the consumer arbitration committees or consumer courts located in the place of residence of the consumer or where the consumer transaction was conducted, within the monetary limits set forth by the relevant legislation.
As of 28/05/2014, the applicable monetary thresholds are as follows:
a) For disputes under 2,000.00 TRY, applications must be made to District Consumer Arbitration Committees in accordance with Article 68 of the Law No. 6502 on the Protection of Consumers.
b) For disputes under 3,000.00 TRY, applications must be made to Provincial Consumer Arbitration Committees.
c) In provinces with metropolitan municipality status, for disputes between 2,000.00 TRY and 3,000.00 TRY, applications must be made to Provincial Consumer Arbitration Committees.
This Agreement is executed for commercial purposes.
14. ENTRY INTO FORCE
Once the BUYER completes payment for the order placed through the website, they are deemed to have accepted all terms and conditions of this Agreement.
The SELLER is obligated to ensure that the BUYER has read and approved this Agreement on the website prior to finalizing the order by implementing the necessary technical mechanisms.