This Distance Sales Agreement (“Agreement”) is the subject of the Preliminary Information Form (“Preliminary Information Form”). The subject of the Preliminary Information Form is the purchase of the product or service sold through the website www.mercandedearthouse.com owned by the Seller by the Buyer and the notification of the rights and obligations of the Parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation, as well as the qualities of the products or services specified below.
Company Name: Argos Kültür Sanat Tanıtım Organizasyon Ticaret A.Ş.
Address: Levazım Mah. Koru Sok. Zorlu Center No: 2 Apartment: 354-355
Email Address: email@example.com
MERSIS No: 0074048474500014
In this Preliminary Information Form, the Seller and the Buyer will be collectively referred to as the “Parties.” Unless otherwise specified, references made to the product or service shall be deemed to have been made to the other party as well. By accepting this Preliminary Information Form, the Buyer acknowledges, declares, and undertakes that upon confirming the order subject to the Agreement, the Buyer shall assume the obligation to pay the order price and any additional fees in accordance with the principles specified in this Preliminary Information Form.
SUBJECT MATTER OF THE AGREEMENT, PRODUCT, SERVICE, PRICE, PAYMENT, AND DELIVERY:
2.1. Payment method and plan for the product/service:
2.2. The basic qualities and features of the product or service are as stated on the website www.mercandedearthouse.com owned by the Seller. The prices specified are valid until the end of the campaign period or until a price change is made by the Seller, whichever comes first. In the case of campaigns or periodic sales, the price promised to be sold by the Seller at the end of the campaign/period will automatically expire.
2.3. Delivery address:
(The product/products shall be sent to the address specified in the Preliminary Information Form under the conditions specified therein and declared by the Buyer. In the event of the return of the product due to a change of address, the expenses shall be borne by the Buyer. In the event of a change of address, if it is not notified to the Seller at least 2 (two) days before the shipment date, the Seller cannot be held responsible for the shipment sent to the first address.)
2.4. Person to be delivered/delivery method: Buyer – Courier
2.5. Invoice information and address: Created by the Buyer at the time of purchase.
2.6. Order date: The date when the Buyer placed the order.
2.7. Anticipated (estimated) delivery date: 1-5 business days.
3.1. Unless otherwise agreed, delivery expenses of the product/service shall be borne by the Buyer. The delivery of the product or service shall be made within the period foreseen and committed by the Buyer after the payment has been made by the Buyer. Failure to make the payment within the period specified by the Buyer or failure to transfer the payment to the Seller’s account for any reason during this period shall result in the Seller being released from the obligation to deliver the product or service, and the Seller shall also have the unilateral right to terminate the Agreement. If the product is paid by credit card after it is delivered to the Buyer, if the product price is not paid to the Seller in full or in part for any reason by the intermediary institution, the product/products shall be returned to the Buyer within 3 (three) days, provided that the shipping fee is borne by the Buyer. However, the Seller reserves the right to reject the product and claim the product price. If the Buyer pays with a credit card or a credit payment method, it shall not change the fact that the product is sold for cash by the Seller.
3.2. Unless otherwise agreed, the Seller shall deliver the product or service to the Buyer within 5 (five) days from the date of ordering, provided that the performance of the product or service becomes impossible, except for force majeure cases in which the delivery of the product or service becomes impossible. In case the product or service is not delivered by the Seller within this period, the Buyer has the right to terminate this Agreement.
3.3. In case the Buyer defaults under this Preliminary Information Form, the Agreement, or relevant laws and regulations, the Buyer agrees and undertakes to pay the monthly default interest prescribed by the relevant laws and the damages incurred or to be incurred by the Seller.
3.4. The Buyer acknowledges and undertakes that they have read and understood the sales price, payment method, delivery, and preliminary information form of the product or service on the website or mobile application and have given the necessary approval electronically. Thus, with this approval, the Buyer is considered to have obtained accurate and complete information about the specified qualities and conditions of the product or service.
3.5. The Seller will send and deliver the products through a contracted courier company. If the courier company does not have a branch where the Buyer is located, the Buyer will be required to pick up the product or service from another nearby branch designated by the Seller. Products in stock at the Seller’s premises are delivered to the courier within five (5) business days from the date of the order, unless there are circumstances preventing the fulfillment of the order or force majeure events (such as economic crisis, natural disasters, pandemics, restrictions imposed by the authorities, etc.). The delivery of the product to the Buyer’s address shall be considered as the Seller’s fulfillment of its obligation. If the Buyer is not present at the address, or if the persons at the address refuse to accept the delivery, the Buyer shall not hold the Seller responsible for the shipment being returned for these reasons. In case the product/products are returned to the Seller due to the Buyer’s absence at the address, refusal to accept the delivery, or refusal to accept the delivery, the Buyer shall not hold the Seller responsible for these expenses. Similarly, in case of cancellation of the order by the Buyer after the product/products have been shipped, the Buyer shall be responsible for the shipping expenses. If the product/products are paid by credit card and the payment is not made in full or in part to the Seller by the intermediary institution for any reason after the product is delivered, the product/products will be returned to the Buyer within 3 (three) business days, with the shipping fee borne by the Buyer. However, the Seller reserves the right to reject the product and claim the product price. The Seller’s right to offset and deduction arising from this Agreement and the relevant legislation shall be reserved for the amount to be refunded.
3.6. The Seller shall not be held responsible if the courier company fails to deliver the product to the Buyer for any reason.
3.7. The Seller shall deliver the product or service, as specified in the advertisement, complete, intact, and with a usage guide and warranty certificate, if any. In the event of impossibility of performance of the ordered product or service, the Seller shall notify the Buyer within 3 (three) days from the occurrence of this situation and, if the payment has been made, refund it within 14 (fourteen) days at the latest, according to the payment method. However, if the Seller provides a similar or equivalent product with the approval of the Buyer, the Seller shall be deemed to have fulfilled its obligation. Likewise, the Seller may supply different products with similar or equivalent qualities with the consent of the Buyer by notifying the Buyer and obtaining their approval before the expiry of the period for the performance of the obligation arising from the Agreement. In cases where the delivery of the product or service is impossible due to reasons beyond the control of the Parties, unforeseen and preventing or delaying the fulfillment of the obligations of the Parties (force majeure; economic crisis, natural disasters, pandemics, restrictions imposed by the authorities, etc.), the situation shall be notified to the Buyer. In such cases, the Buyer has the right to cancel the Agreement and the order, as well as to request the postponement of the delivery until the situation that prevents the delivery is eliminated. Upon the written agreement of the Parties, the product/products subject to the order may be replaced with another product with similar qualities or completely different from the order. If the Buyer cancels the order, the price paid in cash shall be refunded within 14 (fourteen) days. If the Buyer has made the payment by credit card, the Seller shall refund the amount to the payment instrument/method within 14 (fourteen) days after the cancellation of the order. The Buyer acknowledges and undertakes that the Seller shall not be held responsible for any delay or partial payment of this amount by the bank. The Seller reserves the right to offset and deduction arising from this Agreement and the relevant legislation for the amount to be refunded.
3.8. The Buyer has the right not to accept the product at the time of delivery if they determine any problems related to the shipment. In addition, the Buyer is obliged to prepare a report with the courier company. Otherwise, the Seller shall have no obligation. Approval of the Preliminary Information Form electronically is a prerequisite for the delivery of the products.
3.9. In case of disputes arising from this Preliminary Information Form, all records of the Seller (correspondence, voice and computer records, electronic information in the database and on servers, etc.) shall be deemed to be a definitive evidence agreement within the scope of Article 193 of the Code of Civil Procedure.
3.10. In cases where the products ordered by the Buyer are paid by credit card, the number of installments or the campaigns to be applied by the bank, interest applied to payments made in installments, maturity difference, credit allocation, and similar matters shall not concern or bind the Seller in any way, as it is an internal relationship between the Buyer and the bank.
3.11. In cases where the Buyer causes any harm to the Seller, benefits unlawfully, or abuses their rights, such as the misuse of rights, the Seller has the right to cancel the order, terminate the Buyer’s membership, and immediately terminate the Agreement between the Parties.
3.12. The Parties have mutually agreed and undertaken that, without the need for any prior consent from the Buyer, the Seller may send notifications, advertisements, promotions, marketing, etc., to the Buyer for informational purposes through methods such as messages, e-mail, and SMS. In case the Buyer waives these matters in writing, the Seller will fulfill this request within 3 (three) business days.
3.13. For products offered for sale by the Seller, a quantity limit (number) may be imposed, and in this case, if the Buyer exceeds the limit in their orders, the Seller shall cancel all orders and refund them in accordance with the conditions specified in the Agreement. The Buyer accepts and undertakes the limitations, cancellation, and payment conditions specified in this article.
3.14. In case the address of the Parties changes without being notified to the other party immediately, any kind of notification, correspondence, notification made to the specified address shall be deemed to have been made in accordance with the method of delivery.
3.15. In case of the establishment of an Agreement between the Parties based on this Preliminary Information Form and later; payment, performance, delivery-related information, all kinds of information requests, and complaints shall be submitted to the telephone or e-mail addresses published on the Seller’s website.
4.RIGHT OF WITHDRAWAL:
4.1. In accordance with Article 9 of the Regulation on Distance Contracts, the Buyer has the right to withdraw from the Contract without specifying any reason and without any penalty within 14 (fourteen) days from the date of delivery of the product/products, which are considered to be received by the Buyer or the third party designated by the Buyer, or from the date of the establishment of the contract for service contracts. By accepting this Agreement, the Buyer acknowledges and undertakes that they have been informed about the right of withdrawal. The Buyer can also exercise the right of withdrawal during the period from the establishment of the Contract until the delivery of the goods.
4.2. The determination of the withdrawal period is as follows:
- a) In the case of separate delivery of goods, the date on which the consumer or the third party designated by the consumer receives the last item,
- b) In the case of goods consisting of multiple parts, the date on which the consumer or the third party designated by the consumer receives the last part,
- c) In contracts where the delivery of goods is made regularly over a certain period, the date on which the consumer or the third party designated by the consumer receives the first item is taken as the basis.
4.3. Notification of withdrawal is sufficient for the exercise of the right of withdrawal before the expiry of the withdrawal period, in writing or through a permanent data carrier. In exercising the right of withdrawal, the Buyer may make an explicit statement of withdrawal. The Seller may also provide the option to the Buyer to exercise the right of withdrawal through the website. If the right of withdrawal is offered to the Buyer on the website, the Seller must immediately confirm to the Buyer that they have received the withdrawal request. The burden of proof regarding the use of the right of withdrawal mentioned in this article belongs to the Buyer. Unless otherwise clearly stated on the Seller’s website regarding the notification of withdrawal, the notification of withdrawal shall be made in writing to the address or email address of the Seller specified in this Preliminary Information Form.
4.4. The Seller is obliged to refund all payments, including the delivery costs to the Buyer, within 14 (fourteen) days from the date on which the notification of withdrawal by the Buyer reaches the Seller. The Seller must make all specified refunds in a manner that is compatible with the payment method used by the Buyer during the purchase, without imposing any expenses or obligations on the Buyer.
4.5. In cases where the right of withdrawal is exercised within the scope of Article 5, paragraph (g) of the Distance Contracts Regulation (conditions, period, method, and information regarding the use of the right of withdrawal), the Buyer cannot be held responsible for the expenses related to the return of the product/products through the carrier specified by the Seller for the return. The carrier specified in the pre-notification for return by the Seller is as follows: Domestic Cargo. If the Seller does not specify any carrier for the return in the pre-notification, no fee can be requested from the Buyer for the return. If the carrier specified in the pre-notification for return by the Seller does not have a branch in the Buyer’s location, the Seller is obliged to ensure the collection of the product/products to be returned from the Buyer without requesting any additional fees.
4.6. Unless the Seller makes an offer to collect the product/products himself, the Buyer must return the product/products to the Seller or the authorized person within 10 (ten) days from the date on which the notification of withdrawal is made.
4.7. Unless otherwise agreed by the Parties, the Buyer (consumer) cannot exercise the right of withdrawal in the following contracts, and in cases specified by law and regulation:
- a) Contracts for goods or services whose price is determined based on fluctuations in financial markets and which are not under the control of the Seller or supplier.
- b) Contracts for goods that are prepared according to the consumer’s requests or personal needs.
- c) Contracts for the delivery of perishable or expired date products.
- d) Contracts for goods whose protective elements such as packaging, tape, seal, package, etc. are opened after delivery; the return of products that are not suitable for return in terms of health and hygiene.
- e) Contracts for goods that are mixed with other products after delivery and cannot be separated by their nature.
- f) Contracts for books, digital content, and computer consumables presented in the physical medium if the protective elements such as packaging, tape, seal, package, etc. are opened after delivery.
- g) Contracts for periodicals such as newspapers and magazines, other than those provided within the scope of a subscription agreement.
- h) Contracts for services to be performed on a specific date or period, for accommodation, goods transportation, car rental, food and beverage supply, and entertainment or recreation purposes.
- i) Contracts for services rendered instantly in electronic environment or for non-material goods delivered to the consumer instantly.
- j) Contracts for services started with the consumer’s approval before the expiry of the right of withdrawal.
4.8. In order to exercise the right of withdrawal, it is a condition that the product/products are returned complete, undamaged, and in a resalable condition within the specified period. In the event of exercising this right, a cargo delivery receipt indicating that the product/products have been delivered to the Seller or the person authorized by the Seller and the original invoice must also be returned. If the cargo delivery receipt and the original invoice are not sent, VAT and other legal obligations cannot be refunded, and the right of withdrawal will be considered as not exercised. If the Buyer fulfills the specified conditions, the price of the product will be refunded to the Buyer in accordance with the payment method.
For example, in the case of a purchase made using a credit card, the price of the product/products returned due to the right of withdrawal will be refunded to the account associated with the credit card. The shipping cost, EFT deduction, and other expenses for the return of the product due to the right of withdrawal will be covered by the Seller.
4.9. Any rights obtained through promotions or discounts provided by the Seller due to the exercise of the right of withdrawal will be canceled. The prices at the time of purchase will be taken into account for refund requests by the Buyer.
4.10. In the case of transactions made by the Buyer using payment options such as credit card or shopping loan, any requests related to the right of withdrawal shall be directed to the relevant bank or institution by the Buyer. The Seller will have no obligations or notifications in this regard.
5.PROTECTION OF PERSONAL DATA – ELECTRONIC COMMUNICATION – PRIVACY – INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS:
5.1. The Seller may record, store, use, update, share, transfer, and process indefinitely or for a foreseeable period, the personal data such as the name, surname, identity number, address, and other information received during membership and shopping on the website for the purpose of informing the Buyer about all kinds of information, sales, campaigns, orders, products, and services, improving products and services, conducting payment transactions, and performing distance sales contracts and other contracts between the Buyer and the Seller, and for the technical, logistical, and other functions of third parties by the Seller. In addition, these data may be shared with the relevant authorities and courts in cases required by law. The Buyer has consented and authorized the use, sharing, processing, and communication of their personal and non-personal existing and new information in the above-mentioned scope in accordance with the legislation on the protection of personal data and electronic commerce.
5.2. Despite being processed in accordance with the Personal Data Protection Law No. 6698 and other relevant laws, the Buyer reserves the right to stop data usage and processing, as well as communication, if the reasons requiring processing disappear, provided that they communicate with the Seller. In accordance with the Buyer’s clear and written request in this regard, personal data processing operations are suspended within the period specified by the relevant law, data other than those legally required to be protected are deleted from the data recording system, or anonymized so that the identity cannot be known.
5.3. In line with the relevant regulations, the Seller may send commercial electronic messages to the Buyer for advertising, promotion, campaign, membership, etc. transactions related to the products and services on the website by e-mail, SMS, telephone, and other communication tools, and the Buyer has also consented to this.
5.4. Data sharing on the Seller’s website or as a result of shopping will be stored and protected by the Seller. However, it is also the responsibility of the Buyer to ensure that these data, which belong to the Buyer, are not seized by third parties and to take measures to prevent this.
5.5. The Seller reserves the right to make necessary changes and take other measures in the matters specified in this Preliminary Information Form. Intellectual and industrial property rights and ownership rights regarding the web design, information to be shared, content, etc. on the Seller’s website also belong to the Seller. Intellectual and industrial property rights and ownership rights of third parties are exceptions.
6.RESOLUTION OF DISPUTES:
In case of disputes arising from the Contract, the provisions of the Consumer Protection Law No. 6502 will be taken into account in determining the competent and authorized jurisdiction. Applications are made to the consumer arbitration committees up to the values determined every year in accordance with Article 68 of Law No. 6502. Applications can be made to the consumer arbitration committee where the consumer resides or where the consumer transaction is made. In places where there is no consumer arbitration committee, the rules regarding where the applications will be made and which consumer arbitration committee will make decisions will be determined by the regulation. In accordance with Article 73 of Law No. 6502, consumer lawsuits can also be filed in consumer courts in the place where the consumer resides.
7.EFFECTIVENESS AND SIGNATURE:
This Preliminary Information Form will be signed and the Distance Sales Contract will be established after the Buyer (consumer) reads and accepts the matters specified in this Preliminary Information Form electronically. By accepting this Agreement, the Buyer acknowledges, declares, and undertakes that they have read and understood the preliminary information regarding the right of withdrawal in accordance with Article 48 of Law No. 6502 on Consumer Protection and Articles 5, 6, 7, and 8 of the Distance Contracts Regulation.