VETRIS ATELIER · İSTANBULEST. 2022
Vetris Atelier

Distance Sales Agreement

ARTICLE 1 — PARTIES

This Agreement has been concluded between the parties below, within the framework of the terms and conditions set out herein.

1.1 SELLER
Trade Name: VETRIS
Address: Asmalı Mescit Mah. Ensiz Sok. No:2/4 Beyoğlu/İstanbul

Telephone: +90 551 830 0608

Email Address: [email protected]

1.2 BUYER
Name/Surname/Title:
Address:
Email Address:

ARTICLE 2 — DEFINITIONS

In the implementation and interpretation of this Agreement, the terms written below shall have the meanings stated next to them:

  • MINISTER: The Minister of Customs and Trade,
  • MINISTRY: The Ministry of Customs and Trade,
  • LAW: Law No. 6502 on Consumer Protection,
  • REGULATION: The Distance Contracts Regulation (Official Gazette: 27.11.2014/29188),
  • SERVICE: The subject of any consumer transaction other than the supply of goods, performed or undertaken to be performed in return for a fee or benefit,
  • SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities, or that acts on behalf of or for the account of the party offering the goods,
  • BUYER: The natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
  • SITE: The website belonging to the SELLER,
  • ORDERING PARTY: The natural or legal person who requests a good or service through the SELLER's website,
  • PARTIES: The SELLER and the BUYER,
  • AGREEMENT: This agreement concluded between the SELLER and the BUYER,
  • GOODS: The movable property subject to the purchase, and intangible goods such as software, sound, images, and the like prepared for use in electronic form.

ARTICLE 3 — SUBJECT MATTER

This Agreement governs the rights and obligations of the parties, in accordance with the provisions of Law No. 6502 on Consumer Protection and the Distance Contracts Regulation, regarding the sale and delivery of the product whose characteristics and sale price are specified below and which the BUYER has ordered electronically through the SELLER's website. The parties acknowledge and declare that they know and understand their obligations and responsibilities arising from Law No. 6502 and the Distance Contracts Regulation under this Agreement.

ARTICLE 4 — GENERAL PROVISIONS

4.1 The essential characteristics of the goods/products (type, quantity, brand/model, colour, number) are published on the SELLER's website. If a campaign has been organised by the seller, you may review the essential characteristics of the relevant product during the campaign. The campaign is valid until the stated date.

4.2 The prices listed and announced on the site are the sale prices. The announced prices and commitments are valid until updated and changed. Prices announced for a limited time are valid until the end of the stated period.

4.3 The sale price of the goods or service subject to the Agreement, including all taxes, is shown below.

Invoice Details
Date:
Method of Payment:
Delivery Address:
Person to Receive Delivery:
Invoice Address:
Shipping Fee: TL

ARTICLE 5 — METHOD OF DELIVERY

5.1 The Agreement enters into force upon being confirmed electronically by the BUYER and is deemed performed upon delivery of the purchased goods to the BUYER. The goods are delivered to the address specified by the BUYER and to the specified authorised person(s).

5.2 If the BUYER (the person to receive delivery) is not present when the order is delivered, the order may be delivered to persons who can pass it on to the BUYER, by taking their name and signature. Information about the person who receives the order is sent to the sender (BUYER) by SMS and email. Deliveries to official and private institutions are made within the framework of those institutions' own delivery procedures.

ARTICLE 6 — DECLARATIONS AND UNDERTAKINGS OF THE BUYER

6.1 The BUYER acknowledges, declares, and undertakes that the preliminary information regarding the essential characteristics of the products, the sale price including all taxes, the method of payment, delivery, the right of withdrawal, and the terms of use has reached them, that they have read and become informed of it, and that they have given the confirmations/approvals required for the electronic sale.

6.2 The BUYER acknowledges, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the Agreement; and that, should the product price not be paid for any reason and/or be cancelled in the bank records, the SELLER's obligation to deliver shall come to an end.

6.3 The BUYER shall inspect the goods subject to the Agreement before taking delivery; they shall not accept from the carrier company goods that are damaged or defective, such as dented, broken, or with torn packaging. The goods taken into receipt are deemed to be undamaged and intact. After delivery, the obligation to carefully protect the goods belongs to the BUYER. If the right of withdrawal is to be exercised, the goods must not be used and the invoice must be returned.

6.4 If the BUYER and the holder of the credit card used during the order are not the same person, or if a security vulnerability related to the credit card is detected before delivery of the product, the SELLER may request from the BUYER the identity and contact details of the cardholder, the previous month's statement of the card, or a letter from the cardholder's bank confirming that the card belongs to them. The order is suspended until the information/documents are provided; if the requests are not met within 24 hours, the SELLER reserves the right to cancel the order.

6.5 The BUYER declares and undertakes that the personal and other information provided when registering on the website is true, and that they will compensate, immediately, in cash and in full upon first notice, all damages the SELLER may incur due to the untruthfulness of this information.

6.6 The BUYER accepts and undertakes to comply with the provisions of the applicable legislation while using the website and not to violate them. Otherwise, all legal and criminal liabilities that arise shall bind the BUYER entirely and exclusively.

6.7 The BUYER may not use the website in any way that disturbs public order, is contrary to general morality, or harasses and disturbs others, for an unlawful purpose, or in a way that infringes the material and moral rights of others. Furthermore, they may not engage in actions (spam, virus, trojan horse, etc.) that prevent or hinder others from using the services.

6.8 If the product subject to the Agreement is to be delivered to a person/institution other than the BUYER, the SELLER cannot be held responsible for the refusal of the delivery by the person/institution to receive it.

ARTICLE 7 — DECLARATIONS AND UNDERTAKINGS OF THE SELLER

7.1 Each product subject to the Agreement is delivered to the BUYER or to the person and/or institution at the address indicated by the BUYER within the period stated in the preliminary information section of the website, depending on the distance of the BUYER's place of residence and not exceeding the legal period of 30 days. If the SELLER acts contrary to this obligation, the BUYER may terminate the Agreement. In the event of termination, the SELLER refunds all payments collected, including delivery costs if any, to the BUYER together with statutory interest within 14 (fourteen) days from the date the termination notice reaches them, and returns all negotiable instruments and documents, if any, that place the consumer under obligation.

7.2 The SELLER acknowledges, declares, and undertakes that, should the fulfilment of the ordered product or service become impossible, it will notify the BUYER in writing and via a durable medium within 3 days from the date it learns of this situation, and will refund the total price, including delivery costs, to the BUYER within 14 days. The goods being out of stock is not deemed an impossibility of fulfilling the obligation to supply the goods.

7.3 The SELLER is responsible for any loss and damage occurring until the delivery of the goods to the BUYER or to a third party other than the carrier designated by the BUYER. If the BUYER has the goods transported by a carrier other than the one designated by the SELLER, the SELLER is not responsible for any loss or damage that may occur after the delivery of the goods to that carrier.

7.4 The SELLER acknowledges, declares, and undertakes to deliver the product subject to the Agreement complete, in accordance with the characteristics specified in the order and, if any, with warranty certificates and user manuals; free from any defect, in compliance with the applicable legislation, sound and in conformity with standards, within the principles of accuracy and honesty; and to maintain service quality and exercise the necessary care and diligence.

7.5 The SELLER may, provided it relies on a justified reason and before the term of the performance obligation arising from the Agreement expires, supply a different product of equal quality and price, by informing the BUYER and obtaining their express approval.

7.6 The SELLER acknowledges, declares, and undertakes that, should it be unable to deliver the product subject to the Agreement within the period due to force majeure, it will notify the BUYER of the situation. The BUYER may also request the cancellation of the order, the replacement of the product with an equivalent if available, and/or the postponement of delivery until the impeding situation is resolved. In the event of cancellation of the order, for the BUYER's cash payments the amount is refunded in cash and in full within 14 days; for credit card payments, it is refunded to the relevant bank within 14 days after cancellation. The BUYER acknowledges, declares, and undertakes that it may take 2–3 weeks for the amount refunded to the credit card to be reflected in their account by the bank, that this process relates entirely to bank operations, and that the SELLER cannot be held responsible for any delays.

7.7 The SELLER has the right to reach the BUYER for the purposes of communication, marketing, and notification by letter, email, SMS, telephone, and other means, through the address, email, landline and mobile telephone, and other contact details specified by the BUYER in the registration form or subsequently updated. By accepting this Agreement, the BUYER acknowledges and declares that the SELLER may carry out these communication activities.

7.8 Links to other websites that are not under the SELLER's control and/or belong to third parties may be provided through the SELLER's website. These links are placed to provide ease of navigation to the BUYER; they do not endorse any website or its operator and carry no warranty as to their content.

7.9 A member who violates one or more of the articles of this Agreement is personally liable, criminally and legally, for such violation and holds the SELLER free from the consequences of these violations. Furthermore, should the violation reach the legal sphere, the SELLER reserves the right to claim compensation.

ARTICLE 8 — RIGHT OF WITHDRAWAL

In accordance with the relevant provisions of Law No. 6502 on Consumer Protection and the Distance Contracts Regulation;

8.1 In distance contracts relating to the sale of goods, the BUYER has the right to withdraw from the Agreement within 14 (fourteen) days from the date they receive the goods, without giving any reason and without paying any penalty. The BUYER may also exercise the right of withdrawal during the period between the conclusion of the contract and the delivery of the goods. It is sufficient for the withdrawal notice to be directed to the SELLER in writing or via a durable medium within this period. Furthermore, in order for the BUYER to exercise the right of withdrawal, they must also deliver the invoice to the carrier company together with the product.

8.2 In determining the withdrawal period;

  • a) For goods that are the subject of a single order but delivered separately, the day on which the consumer or the third party designated by the consumer receives the last good,
  • b) For goods consisting of more than one part, the day on which the last part is received,
  • c) For contracts in which the goods are delivered regularly over a certain period, the day on which the first goods are received, shall be taken as basis.

8.3 If the BUYER exercises the right of withdrawal, the SELLER is obliged to refund to the consumer, without imposing any cost, the total price received and any document that places the BUYER under obligation, within at most 14 (fourteen) days from the date the withdrawal notice reaches it.

8.4 If the BUYER, upon exercising the right of withdrawal, returns the goods via the carrier designated by the SELLER for returns in the preliminary information, they cannot be held responsible for the return costs. If the SELLER has not designated a carrier for returns in the preliminary information, no amount for return costs can be demanded from the BUYER. If the designated carrier has no branch at the BUYER's location, the SELLER is obliged to arrange for the goods to be collected from the consumer without demanding any additional cost.

8.5 Unless the SELLER makes an offer to collect the goods itself, the BUYER must return the goods to the SELLER within 10 (ten) days from the date they direct the withdrawal notice.

8.6 The BUYER is not responsible for changes and deteriorations that occur if they use the goods in accordance with their operation, technical specifications, and instructions for use during the withdrawal period.

8.7 The consumer's right of withdrawal does not apply to the following contracts:

  • a) Goods prepared in line with the consumer's requests or personal needs,
  • b) The delivery of goods whose protective elements such as packaging, tape, seal, or wrapping have been opened after delivery and whose return is not suitable in terms of health and hygiene,
  • c) Goods that, after delivery, are mixed with other products and cannot be separated by their nature,
  • d) Books, digital content, and computer consumables supplied in physical media whose protective elements such as packaging, tape, seal, or wrapping have been opened,
  • e) Goods or services whose price changes depending on fluctuations in financial markets and which are not under the seller's control.

ARTICLE 9 — DEFAULT AND ITS LEGAL CONSEQUENCES

If the BUYER defaults when making payment transactions by credit card, the BUYER acknowledges, declares, and undertakes that they will pay interest within the framework of the credit card agreement between them and the cardholder bank, and will be liable to the bank. In this case, the relevant bank may resort to legal remedies; it may demand from the BUYER the costs and attorney's fees that arise. In any case, the BUYER acknowledges, declares, and undertakes that, should they default on their debt, they will pay the loss and damage incurred by the SELLER due to the delayed performance of the debt.

ARTICLE 10 — RESOLUTION OF DISPUTES

In disputes arising from this Agreement, the Consumer Arbitration Committees and Consumer Courts at the place where the consumer resides or where the consumer transaction was carried out are authorised, within the monetary limits specified in the relevant legislation.

ARTICLE 11 — ENTRY INTO FORCE

This Agreement governs the rights and obligations of the parties, in accordance with the provisions of Law No. 6502 on Consumer Protection and the Distance Contracts Regulation, regarding the sale and delivery of the product the BUYER has ordered electronically through the SELLER's website, and has been prepared in compliance with this legislation. The parties acknowledge and declare that they know and understand their obligations and responsibilities arising from the Agreement.

This Agreement, consisting of 11 (eleven) articles, having been read by the parties, was concluded and entered into force on the date of the approval obtained electronically from the BUYER.

SELLER: VETRIS
BUYER:
Name/Surname:
Date: