Distance Selling Agreement
SALES AGREEMENT
ARTICLE 1 – SUBJECT OF THE AGREEMENT AND PARTIES
1.1. This agreement determines the rights, legal aspects, and
obligations of the parties in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on the Principles and Procedures of Distance Contracts, regarding the sale and delivery of products and services made by the BUYER, whose detailed information is provided below, through the website www.elizhome.com (hereinafter referred to as the WEBSITE) operated by the SELLER.
1.2. The BUYER acknowledges and declares, in accordance with the provisions of this agreement, that they are aware of the basic characteristics of the goods or services subject to sale, the sales price, the payment method, the delivery conditions, all preliminary information regarding the goods or services subject to sale,
and the right of withdrawal, that they have confirmed this preliminary information electronically, and that they subsequently placed an order for the goods or services. The preliminary information and invoice located on the payment page of the www.stilstore.com.tr website are integral parts of this agreement.
ARTICLE 2 – DATE OF AGREEMENT
2.1. This
agreement was concluded between the parties on [date], the date on which the BUYER's order was completed on the WEBSITE, and a copy of the agreement was sent to the BUYER's email address.
ARTICLE 3 – PRODUCTS AND SERVICES SUBJECT TO THE AGREEMENT
3.1. The details of the products and services ordered by the BUYER, including the cash sale amounts including taxes and quantity information, are specified below.
All products listed in the table below are hereinafter defined as PRODUCTS.
Order Content and Total: [cart-total]
Order Date: [date]
ARTICLE 5 – PAYMENT METHOD
5.1. The BUYER acknowledges, declares, and undertakes that, since installment sales are only made with credit cards issued by Banks, the BUYER will separately confirm the relevant interest rates and information regarding default interest from their bank
, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the buyer, in accordance with the provisions of the current legislation. Installment payment options provided by institutions such as banks and financing companies that issue credit cards and deferred payment cards constitute a credit and/or a direct installment payment option provided by the aforementioned institution;
sales of PRODUCTS that are made within this framework and for which the SELLER has received full payment are not considered installment sales for the parties to this Agreement, but rather cash sales. The SELLER's legal rights in cases legally considered as installment sales (including the right to terminate the contract and/or demand payment of the entire remaining debt with default interest in case of non-payment of any installment) are existing and reserved. In case of default by the BUYER, default interest at a rate of 5% per month will be applied.
ARTICLE 6 – GENERAL PROVISIONS
6.1. The BUYER acknowledges that they have read and are informed about the basic characteristics of the products displayed on the WEBSITE, the sales price, the payment method, and preliminary information regarding delivery, and that they have given the necessary confirmation for the sale in electronic form.
6.2. By confirming this contract electronically, the BUYER confirms that they have received
accurate and complete information from the SELLER regarding the address, the basic characteristics of the ordered products, the price of the products including taxes, and payment and delivery information, which must be provided to the Consumer before the conclusion of distance contracts.
6.3. The SELLER is responsible for delivering the product in good condition, complete, and in accordance with the specifications stated in the order.
6.4. The SELLER may supply the BUYER with a different product of equal quality and price before the expiration of the performance obligation arising from the contract
.
6.5. If the SELLER is unable to fulfill its contractual obligations due to the impossibility of delivering the ordered product or service, it shall notify the consumer of this situation before the expiration of the performance period arising from the contract and may supply the BUYER with a different product of equal quality and price.
6.6. Delivery of the product
is conditional upon the signed copy of this contract being delivered to the SELLER and the payment being made using the payment method preferred by the BUYER. If, for any reason, the product price is not paid or is canceled in the bank records, the SELLER shall be deemed to be relieved of its obligation to deliver the product.
6.7. If, for any reason after the delivery of the PRODUCT, the Bank/financial institution to which the credit card used for the transaction belongs does not pay the PRODUCT price to the SELLER,
the PRODUCT shall be returned to the SELLER by the BUYER within 3 days at the latest, with all expenses borne by the BUYER. The SELLER's other contractual and legal rights, including the right to pursue the PRODUCT price claim, are reserved in all circumstances.
ARTICLE 7 – RIGHT OF WITHDRAWAL
7.1. The SELLER acknowledges that the BUYER
has the right to withdraw from the contract within seven days of receiving the goods or signing the contract, without incurring any legal or criminal liability and without giving any reason. The SELLER undertakes to retrieve the goods from the date the withdrawal notification reaches the SELLER or the product provider.
7.2. A written notification to the SELLER within this period is required to exercise the right of withdrawal. If this right is exercised, it is mandatory to return the original invoice and a copy of the delivery receipt showing that the PRODUCT delivered to the third party or the BUYER has been sent back to the SELLER
. The PRODUCT price will be refunded to the BUYER within 10 days following the receipt of these documents. For credit card payments, the refund will also be made to the BUYER's credit card.
7.3. According to tax regulations, if the original invoice is not sent, VAT and any other legal obligations cannot be refunded. The shipping cost of the returned product is borne by the BUYER.
7.4. The BUYER
cannot exercise the right of withdrawal in the case of a PRODUCT that is produced according to the BUYER's special requests and demands, or that has been modified or customized to the BUYER, or that is inherently non-returnable, or that is likely to spoil quickly or expire.
ARTICLE 8 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
8.1. Since this is a service sale, there are no products for which the right of withdrawal cannot be exercised.
ARTICLE 9 – EVIDENCE AGREEMENT AND AUTHORIZED COURT
9.1. In the resolution of any disputes arising from this Agreement and/or its implementation, the SELLER's records (including records on magnetic media such as computer and audio recordings) shall constitute conclusive evidence; Consumer Arbitration Boards are authorized up to the value declared by the Ministry of Industry and Trade; in cases exceeding this value, the Consumer Courts and Enforcement
Offices in the place of residence of the BUYER and the SELLER are authorized.
9.2. The BUYER declares, accepts, and undertakes that they have read all the terms and conditions written in this Agreement and the order form which forms an integral part thereof, that they have received, examined, and accepted all the sales conditions and other preliminary information.
Payments on www.elizhome.com are made securely via iyzico.