This Distance Sales Agreement (“CONTRACT”) 1. It has been established electronically between the parties specified in the article within the framework of the terms and conditions stated below.
ARTICLE 1: PARTIES
1.1 SELLER:
Title: ARI ATELIER
Address: www.ariateliers.com
Phone: + (90) 532 741 37 16
Email: hello@ariateliers.com
1.2 BUYER:
Name / Surname / Title:
Turkish Identity Number:
Address:
Phone:
Email:
1.3 FEATURES OF THE CONTRACTUAL PRODUCT:
Quantity Product Name Sale Price
(total including VAT)
……. …………………………. …….. TL
1.4 DELIVERY PRICE OF THE PRODUCT INCLUDING ALL TAXES
Total Price of Products: …. TL
Total Tax of Products (VAT): …. TL
Total Shipping Fee: …. TL
Total Delivery Price: ….. TL
ARTICLE 2: SUBJECT
The subject of this contract belongs to the BUYER and the SELLER. www.ariateliers.com It is the determination of 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 products, the content and sale price of which are specified in articles 1.3 and 1.4 of the contract, and which have the qualifications mentioned in the contract, which are ordered electronically through the website. The BUYER, basic characteristics of the products subject to sale, sales price, payment method, delivery conditions, etc. He/she accepts and declares that he/she has all the preliminary information about the product subject to sale and the right of withdrawal, confirms this preliminary information electronically and then orders the product, in accordance with the provisions of this contract. The preliminary information and invoice on the website www.ariateliers.com are integral parts of the contract. The BUYER is deemed to have accepted all the terms of this contract when the order is made.
ARTICLE 3: DELIVERY OF THE PRODUCT, PLACE OF CONTRACT AND DELIVERY METHOD
The product will be delivered to the person named ……… at the address of ………………….. which the BUYER has requested to be delivered, by the courier company official.
ARTICLE 4: DELIVERY COSTS AND PERFORMANCE
Delivery costs belong to the BUYER. If the SELLER has declared on the website that the delivery fee will be covered by himself in case of shopping more than the amount declared, the delivery cost will belong to the SELLER. Even if the BUYER is not present at the time of delivery, the SELLER shall be deemed to have fulfilled its obligation fully and completely. For this reason, all kinds of damages arising from the late receipt of the product by the BUYER and the expenses incurred due to the product waiting in the cargo company and / or the return of the cargo to the seller belong to the BUYER. Delivery is made as soon as possible after the stock is available and the product price is transferred to the SELLER’s account. The SELLER delivers the product within 30 (thirty) days from the order and reserves the right to extend an additional 10 (ten) days with written notification within this period. If the SELLER cannot deliver the product subject to the contract within the period due to stock depletion and similar commercial impossibilities, unexpected situations, force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, the SELLER is obliged to notify the BUYER of the situation. For the delivery of the product subject to the contract, the product price must be paid with the payment method preferred by the BUYER. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.
ARTICLE 5: BUYER’S STATEMENTS AND COMMITMENTS
The BUYER shall inspect the product subject to the contract before receiving it, if there are any dents, broken, torn packaging, etc. will not receive the damaged and defective product from the cargo company. The product is received shall be deemed to be undamaged and intact. The responsibility of carefully protecting the product after delivery belongs to the BUYER. If the right of withdrawal is to be used, the product should not be used. The original invoice must be returned. If the original invoice is not returned, VAT and other legal obligations, if any, cannot be returned to the BUYER. The delivery cost of the product returned due to the right of withdrawal is borne by the Seller. If the relevant bank or financial institution fails to pay the product price to the Seller due to the unfair or unlawful use of the BUYER’s credit card by unauthorized persons after the delivery of the product, the BUYER is obliged to send the product to the Seller within 3 (three) days, provided that it has been delivered to him. In this case, shipping costs are the responsibility of the buyer. In addition, the BUYER accepts that the delivery made to the address indicated by the BUYER and to the person present at this address at the time of delivery will be considered as the delivery made to the BUYER.
ARTICLE 6: STATEMENTS AND COMMITMENTS OF THE SELLER
The seller is responsible for delivering the contractual product intact, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any. If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the Seller cannot be held responsible if the person/organization to be delivered does not accept the delivery. The Seller accepts that the BUYER has the right to withdraw from the contract by rejecting the product within 14 (fourteen) days from the day of receipt of the product, without undertaking any legal or criminal liability and without giving any reason. However, the BUYER may use the right of withdrawal within the period from the conclusion of the contract to the delivery of the goods. The seller returns the product price within 14 (fourteen) days after the withdrawal statement is received. Unless the seller or the supplier makes an offer to take the goods back, the BUYER has to return the goods to the seller or the supplier or the person he has authorized, within ten days from the date of the notification regarding the use of the right of withdrawal. The Seller may, for justified reasons, supply a different product with equal quality and price, provided that he informs the BUYER and receives his explicit approval before the expiry of the performance period in the contract. If the Seller thinks that the delivery and performance of the product has become impossible, it notifies the BUYER before the performance period of the contract expires. In this case, the BUYER may use one of the rights to cancel the order, replace the product subject to the contract with its precedent, if any, and/or postpone the delivery time until the obstacle is removed. If the BUYER cancels the order, the price paid and the documents, if any, are returned within 10 (ten) days. Defective or damaged products, which are products sold with a warranty certificate or not, can be sent to the Seller for the necessary repair within the warranty conditions, in which case the delivery expenses will be borne by the Seller.
ARTICLE 7: FEATURES OF THE CONTRACTED PRODUCT
Type and type of the product, Quantity, Brand/Model, Color and Sales Price Including All Taxes are as stated in the information on the product’s introduction page on the website www.ariateliers.com . Seller is not responsible for price update errors due to technical reasons.
ARTICLE 8: FORWARD PRICE
The selling price of the product may change depending on the maturity date. This will be clearly stated at the time of payment.
ARTICLE 9: INTEREST
If the buyer makes purchases with a credit card or in installments, the sales price is determined by applying the monthly interest on the number of installments. The BUYER can get detailed information from the bank he works with.
ARTICLE 10: PAYMENT PLAN
Due to the fact that the forward sales are made only with the credit cards of the Banks, the BUYER accepts that he will confirm the relevant interest rates and the information about the default interest separately from the 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 legislation in force, declares and undertakes. In installment transactions, the relevant provisions of the contract signed between the BUYER and the cardholder bank are valid. The credit card payment date is determined by the contract between the bank and the BUYER. The BUYER can also track the number of installments and payments from the bank statement sent by the bank.
ARTICLE 11: RIGHT OF WITHDRAWAL
The BUYER may use its right of withdrawal within 14 (fourteen) days from the delivery of the product subject to the contract to himself or the person/organization at the address indicated. In order to exercise the right of withdrawal, a written notification must be given to the Seller by registered mail, fax or e-mail within the same period and the product must not be from the products listed in article 12. Unless the seller or the supplier makes an offer to take the goods back, the consumer is obliged to return the goods to the seller or the supplier or the person authorized by him within ten days from the date of the notification regarding the use of the right of withdrawal. If this right is exercised, 3. It is obligatory to return the original invoice for the product delivered to the person or the BUYER. The product price is returned to the BUYER within 14 (fourteen) days following the receipt of the notice regarding the right of withdrawal. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned to the BUYER. The delivery cost of the product returned due to the right of withdrawal is borne by the Seller.
As long as the Buyer sends the Goods to be returned to the Seller with the Seller’s contracted cargo company specified in the preliminary information form, the return shipping cost belongs to the Seller. In case the Buyer sends the Goods to be returned with a cargo company other than the Seller’s contracted cargo company specified in the preliminary information form, the Seller is not responsible for the return shipping cost and the damage that the Good will suffer during the cargo process. If the right of withdrawal is exercised within the period until the delivery of the Goods after the order confirmation is given, the Buyer shall be responsible for the return shipping cost.
ARTICLE 12: PRODUCTS AND SERVICES THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
a) Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the SELLER.
b) Contracts for the delivery of perishable, expiry date and disposable + goods.
c) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is unsuitable in terms of health and hygiene.
ç) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
d) Contracts for books, digital content and computer consumables offered in material environment, in case the protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods.
e) Cosmetic products, if the protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods.
f) Products that cannot be returned due to their nature (except in cases where the product is defective or defective, products that may pose a health hazard after opening, for example: products that require one-to-one contact with the body during use (in-ear or over-ear headphones, etc.)), disposable products.
ARTICLE 13: STATUS OF DEFAULT AND LEGAL CONSEQUENCES
In the event that the BUYER defaults on his credit card transactions, the cardholder will pay interest within the framework of the credit card agreement made with him by the bank and will be liable to the bank. In this case, the relevant bank may take legal action; may claim the costs and attorney’s fees to arise from the BUYER, and in any case, in the event that the BUYER defaults due to its debt, the BUYER agrees to pay the damages and losses incurred by the Seller due to the delayed performance of the debt.
ARTICLE 14: AUTHORIZED COURT
In disputes that may arise from this contract, Consumer Arbitration Committees up to the value declared by the Ministry of Industry and Trade, and in cases exceeding these values, Consumer Courts in the BUYER’s and Seller’s settlements are authorized by the Civil Courts of First Instance as Consumer Court in places where no consumer court has been established.
ARTICLE 15: EFFECTIVENESS
In the event that the payment for the order placed on the site is realized, the BUYER shall be deemed to have accepted all the terms of this contract. The SELLER is obliged to make software arrangements to ensure that the contract in question cannot be placed on the site without obtaining confirmation that it has been read and accepted by the BUYER.
ARTICLE 16: PROTECTION OF PERSONAL INFORMATION and PRIVACY POLICY
The BUYER hereby agrees to send an information message about the campaign and discounts via SMS to the mobile phone he has given for membership. The customer has the right to withdraw his consent on this matter at any time.
The SELLER may use the information transmitted to it by the BUYERS through the www.ariateliers.com site in accordance with the provisions of the “Privacy Policy”. It can process this information and store it on a database. Ari Atelier also; The BUYER’s identity, address, e-mail address, telephone number, IP address, which parts of the website www.ariateliers.com are visited, domain type, browser type, date and time of visit, etc., can also be used for statistical evaluation, announcement of campaigns and personal information. may be used for purposes such as providing services. The personal information of the BUYERS will not be disclosed to real and legal third parties, except for the request of the authorities authorized by law and the cases listed below.
The BUYER, by the SELLER, its current and future affiliates, subsidiaries, partners, successors and/or third parties-organizations to be determined by them, of the personal information transmitted by the BUYER, by all kinds of promotion, advertisement, promotion, communication, sales, marketing, store card, credit card and for membership applications, to be recorded, kept in written/magnetic archives, stored, processed, updated, shared, transferred and used indefinitely or for the period they will predict, SMS, internet, letter, telephone, etc., unless otherwise stated. allows them to communicate through channels. If the BUYER wishes to change its data sharing preferences, it can forward this request to the communication channels specified by Ari Atelier. Information entered on www.ariateliers.com for membership purposes, purchasing products/services and updating information, as well as confidential information about credit and debit cards, are not displayed by other internet users.
This Contract, which consists of 16 (sixteen) articles, was read by the BUYER and concluded and entered into force by being approved electronically on …/…/20…
SIDES
SELLER: Ari Atelier – www.ariateliers.com –
BUYER:….