Distance Sales Agreement

Prepared within the scope of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.

ARTICLE 1 – PARTIES

This Distance Sales Agreement (“Agreement”) has been established electronically between the SELLER and the BUYER whose information is set out below, within the framework of the terms and conditions stated below.

1.1. SELLER

Trade Name

CANSU KIVANÇLI

Address

VİLLAKENT MAH. 5135 SK. NO : 23 MENEMEN / IZMIR

E-mail

info@omorfo.store

Tax Office / Tax No

MENEMEN / 5590730883

Website

omorfo.store

1.2. BUYER

Full Name / Trade Name

[BUYER FULL NAME]

Delivery Address

[DELIVERY ADDRESS]

Billing Address

[BILLING ADDRESS]

Phone

[BUYER PHONE]

E-mail

[BUYER E-MAIL]

The above information belonging to the Buyer is filled in based on the information declared by the Buyer at the ordering stage.

ARTICLE 2 – SUBJECT OF THE AGREEMENT

The subject of this Agreement is the determination of the rights and obligations of the parties, in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of the product whose characteristics and sales price are specified below, which the Buyer has ordered electronically through the Seller’s website omorfo.store.

ARTICLE 3 – PRODUCT SUBJECT TO THE AGREEMENT / PAYMENT / DELIVERY INFORMATION

The type, quantity, brand/model, sales price and total amount including all taxes of the product are shown below:

Product Name / Description

[PRODUCT NAME AND BASIC CHARACTERISTICS]

Quantity

[QUANTITY]

Unit Price (VAT included)

[AMOUNT] TL

Shipping / Delivery Fee

[SHIPPING FEE] TL

Total Amount (VAT included)

[TOTAL AMOUNT] TL

Payment Method

[Credit Card / Bank Transfer-EFT / Cash on Delivery]

Delivery Method

[Courier company name]

Person to Receive Delivery

[PERSON TO RECEIVE]

Delivery Address

[DELIVERY ADDRESS]

All information, including the product description, name and sales price, is that which is valid at the time the order is placed. Prices are valid until they are updated or changed.

ARTICLE 4 – GENERAL PROVISIONS

  • The Buyer declares and accepts that they have read and are informed of the preliminary information regarding the basic characteristics, sales price, payment method and delivery of the product specified in Article 3, and have given the necessary confirmation electronically.
  • By confirming this Agreement and the Preliminary Information Form electronically, the Buyer confirms that they have accurately and completely obtained the address, the basic characteristics of the ordered products, the price of the products including taxes, and the payment and delivery information that must be provided to the consumer by the Seller before the conclusion of distance contracts.
  • Provided that it does not exceed the legal period of 30 (thirty) days, the Seller shall be deemed to have fulfilled its obligation upon delivery of the product subject to the Agreement to the delivery address specified by the Buyer and/or to the person specified by the Buyer.
  • In cases where fulfilment of the ordered product becomes impossible, the Seller shall notify the Buyer within 3 (three) days from the date it learns of this situation and shall refund all payments collected, including delivery costs if any, within 14 (fourteen) days at the latest from the date of notification.
  • For delivery of the product, this Agreement must have been confirmed electronically by the Buyer and its price must have been paid by the Buyer’s preferred payment method. If, for any reason, the product price is not paid or is cancelled in the bank records, the Seller shall be deemed released from the obligation to deliver the product.
  • If, after delivery of the product, the Buyer’s credit card is used unfairly or unlawfully by unauthorised persons through no fault of the Buyer, and consequently the relevant bank or financial institution does not pay the product price to the Seller, the Buyer is obliged to return the delivered product to the Seller within 3 (three) days. In this case, the delivery costs belong to the Buyer.
  • If the Seller cannot deliver the product subject to the Agreement within the due period due to force majeure or extraordinary circumstances preventing transportation, it is obliged to notify the Buyer. In this case, the Buyer may exercise one of the rights to cancel the order, to have the product replaced with an equivalent, or to postpone delivery until the obstacle is removed.

ARTICLE 5 – RIGHT OF WITHDRAWAL

The Buyer has the right to withdraw from the Agreement within 14 (fourteen) days from the date the goods are delivered to the Buyer or to the person designated by the Buyer, without assuming any legal or criminal liability and without giving any reason.

To exercise the right of withdrawal, it is sufficient to notify the Seller in writing within this period through the address, telephone or e-mail specified above. Following receipt of the withdrawal notice, the Seller shall convey to the Buyer confirmation that this notice has been received.

In the event that the right of withdrawal is exercised:

  • The product is returned to the Seller within 10 (ten) days from the date the withdrawal notice reaches the Seller.
  • Within 14 (fourteen) days from the date the notice regarding the exercise of the right of withdrawal reaches the Seller, the product price and delivery costs, if any, are refunded to the Buyer in a manner appropriate to the payment instrument used by the Buyer at the time of purchase, without imposing any cost on the Buyer.
  • If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution. Order returns whose invoices are issued in the name of institutions cannot be completed unless a return invoice is issued.
  • The box, packaging and, if any, standard accessories of the product to be returned must be complete and undamaged.

ARTICLE 6 – CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Pursuant to Article 15 of the Regulation on Distance Contracts, the right of withdrawal cannot, by their nature, be exercised for the following products:

  • Goods or services whose price varies depending on fluctuations in financial markets and which are not under the Seller’s control.
  • Goods prepared in line with the Buyer’s requests or personal needs, produced specifically for the person.
  • Goods that are perishable or that may expire.
  • Goods whose protective elements such as packaging, tape, seal or package have been opened after delivery and whose return is not suitable in terms of health or hygiene.
  • Goods that, after delivery, become mixed with other products and cannot, by their nature, be separated.
  • Goods relating to audio or video recordings, books, digital content and software programs, and data recording and storage devices, provided their packaging has been opened.
  • Services performed instantly in an electronic environment, and intangible goods delivered instantly to the Buyer.

ARTICLE 7 – PROTECTION OF PERSONAL DATA AND PRIVACY

The personal data declared by the Buyer are processed by the Seller within the scope of Law No. 6698 on the Protection of Personal Data (“KVKK”) for the purposes of processing the order, delivery, invoicing and fulfilment of legal obligations. Without the Buyer’s explicit consent, personal data are not shared with third parties, except where required by the delivery and payment processes (courier company, payment institution, etc.). Detailed information regarding personal data is set out in the Privacy Policy / KVKK Disclosure Text on the Seller’s website.

ARTICLE 8 – RESOLUTION OF DISPUTES

In the implementation of this Agreement, up to the value announced by the Ministry of Trade, the Consumer Arbitration Committees and Consumer Courts at the place where the Buyer purchased the goods or services or at the Buyer’s place of residence have jurisdiction. Current information on the monetary limits is announced each year by the Ministry of Trade.

The Buyer may submit their applications regarding complaints and objections to the Consumer Arbitration Committee or the Consumer Court at the place where they purchased the product or at their place of residence, within the monetary limits determined each year by the Ministry of Trade.

ARTICLE 9 – ENTRY INTO FORCE

This Agreement consists of 9 (nine) articles and enters into force at the moment the order is placed, after being read and accepted electronically by the Buyer. A copy of the Agreement has been sent to the Buyer’s e-mail address and/or presented to the Buyer within the order content. The parties accept, declare and undertake that they will fully fulfil their obligations arising from this Agreement.

AGREEMENT DATE / ORDER NO

Agreement / Order Date

[DD.MM.YYYY]

Order No

[ORDER NUMBER]

SELLER: CANSU KIVANÇLI       BUYER: [BUYER FULL NAME]