Mesafeli Satış Sözleşmesi
AGAYARART DISTANCE SALES AGREEMENT
ARTICLE 1 - PARTIES
This Distance Sales Agreement (“Agreement”) has been electronically executed between the following SELLER and BUYER.
1.1 SELLER
Trade Name: Cansu Yıldırım ve Kadir Berkay Özkan Adi Ortaklığı Şirketi
Address: Donanmacı Mah. 1729 Sk. No:32, Floor:4, 35580 Karşıyaka/İzmir, Turkey
Phone: +90 505 396 9634
E-mail: info@agayarart.com
Return Address: Kozyatağı, Balözü Sk. No:5, Floor:12, No:23 34742 Kadıköy/İstanbul
Customer Service Phone: +90 505 396 9634
1.2 BUYER
Name / Surname / Company:
Delivery Address:
Phone:
E-mail:
The SELLER and BUYER shall each be referred to as a “Party,” and collectively as the “Parties.”
ARTICLE 2 - FORMATION OF THE AGREEMENT
The BUYER acknowledges having read and understood this Agreement and being fully aware of his/her rights and obligations.
The Parties accept that there is no imbalance between their mutual obligations and that their performances are proportionate to the nature of the transaction.
The BUYER declares that entering into this Agreement serves his/her interest, and that all terms have been accepted voluntarily, consciously, and without any difficulty or constraint.
The Parties further acknowledge that this Agreement does not contain any unfair contractual terms and complies with the principles of good faith and the applicable consumer protection legislation.
This Agreement has been prepared in accordance with the provisions of the Turkish Code of Obligations and the Regulation on Unfair Terms in Consumer Contracts.
ARTICLE 3 - SUBJECT MATTER
The subject of this Agreement is the sale and delivery of the product(s) specified below, ordered electronically by the BUYER through the website www.agayarart.com, in accordance with the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014 and numbered 29188.
ARTICLE 4 - PRODUCT INFORMATION
Type, quantity, model, color, price, and payment details of the product(s)/service(s) are as follows:
- Product/Service Type: Product and/or service sold via the Seller’s website
- Product/Service Name: …
- Quantity: …
- Product/Service Price: …
- Shipping Fee: …
- Total Amount (including taxes): …
- Payment Method: …
- Installments: …
- Interest Rate (if applicable): …
- Carrier Information: …
- Delivery Address: …
- Recipient: …
Delivery shall be made within 30 (thirty) days from the order date, depending on the delivery address distance. Shipping costs are included in the total sale price unless otherwise stated.
ARTICLE 5 - GENERAL TERMS
The BUYER declares that he/she has read, understood, and approved this Agreement, and agrees to pay the total order amount.
The BUYER is solely responsible for the accuracy of the personal, billing, and delivery information provided.
The SELLER provides services for retail consumers only and reserves the right to cancel any order suspected of being for resale purposes.
Product delivery requires full payment. If the payment is not made or is canceled by the bank, the SELLER is released from its delivery obligation.
By confirming the order electronically, the BUYER acknowledges that placing an order constitutes an obligation to pay.
The BUYER acknowledges that all intellectual property rights, including design, illustration, texture, and pattern elements of the products offered by the SELLER, are protected under the Law on Intellectual and Artistic Works (FSEK) and belong exclusively to the SELLER.
Reproducing or reselling products bearing the SELLER’s trademarks or designs without authorization constitutes infringement under the Industrial Property Law.
If the recipient at the delivery address refuses to accept the order, or if the address information is incorrect, the SELLER shall not be liable for non-delivery.
The SELLER is responsible for delivering the product in good condition, complete, and in accordance with the order details, including warranty certificates and user manuals.
If delivery becomes impossible, the SELLER shall notify the BUYER within 3 days and refund all payments (including shipping) within 14 days to the original payment method.
If unauthorized card use results in payment cancellation, the BUYER must return the product to the SELLER within 3 days, with shipping costs borne by the BUYER.
In case of force majeure (natural disasters, war, strikes, official restrictions, transport disruptions, etc.), the SELLER shall promptly inform the BUYER, who may request order cancellation, a replacement, or postponement of delivery.
All product prices are listed in Turkish Lira (TRY), inclusive of VAT. Payments can be made via credit card, wire transfer, or EFT.
Refunds to credit cards are subject to the procedures of the issuing bank. Installment payments will be refunded in installments by the bank.
This Agreement becomes valid once approved electronically by the BUYER and received by the SELLER.
ARTICLE 6 - RIGHT OF WITHDRAWAL
In accordance with the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts, the BUYER has the right to withdraw from this Agreement within 14 (fourteen) days of receiving the goods, without providing any reason or incurring any penalty.
The withdrawal notice must be sent to the SELLER in writing or via a durable medium within this period:
Address: Donanmacı Mah. 1729 Sk. No:32, Floor:4, 35580 Karşıyaka/İzmir
E-mail: info@agayarart.com
The returned product must include the original invoice, delivery receipt, packaging, and all accessories.
Once the withdrawal notice is received, the SELLER will confirm receipt and refund all payments (including delivery costs, if any) within 14 days to the original payment method.
If the product is returned via the SELLER’s contracted courier, the BUYER will not incur additional costs. However, if another courier is used, the BUYER bears all shipping and risk of loss.
Products must be sent back within 10 days of the withdrawal notice. Returned goods must be complete and undamaged.
Exceptions:
The right of withdrawal does not apply to:
- Custom-made or personalized items;
- Goods liable to deteriorate or expire quickly;
- Goods that cannot be returned for hygiene reasons once unsealed (e.g., cosmetics, underwear, personal items);
- Digital content delivered instantly;
- Services performed with the consumer’s consent before the withdrawal period ends.
Complaints or disputes may be submitted to the Consumer Arbitration Committee or Consumer Court in the BUYER’s place of residence, in accordance with monetary thresholds set annually by the Ministry of Trade.
ARTICLE 7 - MISCELLANEOUS
After electronic confirmation, a copy of this Agreement will be sent to the BUYER via e-mail and stored by the SELLER for three (3) years.
The BUYER may request a copy by contacting info@agayarart.com.
Complaints can also be submitted via the Website or by e-mail. The SELLER will take all reasonable steps to resolve issues promptly.
The SELLER may assign its rights and obligations under this Agreement to third parties without the BUYER’s consent. The BUYER may not transfer any rights or obligations without the SELLER’s approval.
The SELLER’s electronic and commercial records constitute valid, binding, and conclusive evidence under Article 193 of the Code of Civil Procedure.
Events beyond the control of either Party, including war, natural disasters, or government actions, shall be deemed force majeure, and the affected Party shall not be held liable for non-performance.
By confirming the Agreement electronically, the BUYER acknowledges reading and understanding the pre-information form, price, payment, and delivery details on www.agayarart.com.
ARTICLE 8 - DEFAULT OF THE DEBTOR
In case of default by the BUYER in payments made by credit card, liability lies with the BUYER under the cardholder agreement with the issuing bank.
All collection expenses, legal costs, and attorney fees arising from the delay shall be borne by the BUYER.
ARTICLE 9 - GOVERNING LAW AND JURISDICTION
Any disputes arising under this Agreement shall be subject to Turkish law, and applications may be made to the Consumer Arbitration Committee or Consumer Court where the consumer resides or where the transaction took place.
By electronically approving this Agreement, the BUYER acknowledges and accepts all of its terms and conditions.
ARTICLE 10 - EFFECTIVENESS
This Agreement has been concluded electronically by the BUYER and entered into force upon approval.
Transactions made through the Website constitute binding declarations of intent in accordance with the Turkish Code of Obligations and other applicable laws.