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DISTANCE SALES AGREEMENT

1. PARTIES

This agreement is signed between the following parties under the terms and conditions specified below.

A. "BUYER"; (Hereinafter referred to as "BUYER")
Full Name:
Address:

B. "SELLER"; (Hereinafter referred to as "SELLER")
Full Name / Company Title: STEMZY MÜHENDISLIK ÇÖZÜMLERI SANAYI VE TICARET ANONIM ŞIRKETI
Trade Name: Eledante
Address: KIREÇBURNU MAH. GONCALAR SK. NO: 7 |C KAPI NO: 1/SARIYER/ ISTANBUL/ TÜRKİYE

2. DEFINITIONS

In the application and interpretation of this contract, the following terms will refer to the meanings written next to them:

  • MINISTER: Minister of Customs and Trade

  • MINISTRY: Ministry of Customs and Trade

  • LAW: Law No. 6502 on Consumer Protection

  • REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)

  • SERVICE: Any consumer transaction other than supplying goods, done or promised in exchange for a fee or benefit

  • SELLER: The company offering goods to the consumer within commercial or professional activities or acting on behalf of one

  • BUYER: A real or legal person who acquires, uses, or benefits from goods or services for non-commercial or non-professional purposes

  • SITE: The internet site owned by the SELLER

  • ORDERING PARTY: Real or legal person requesting a product or service via the SELLER's website

  • PARTIES: The SELLER and the BUYER

  • AGREEMENT: This agreement made between the SELLER and the BUYER

  • GOODS: Tangible products and digital content like software, sound, video, etc., prepared for use in electronic environments.

3. SUBJECT

This contract outlines the rights and obligations of the parties under Law No. 6502 and the Regulation on Distance Contracts regarding the sale and delivery of products ordered electronically by the BUYER via the SELLER's website.

Prices listed and advertised on the site are the sales prices. These remain valid until updated or changed. Promotional prices are valid until the specified deadline.

4. SELLER INFORMATION

Company Name:
Address:
Phone:
Fax:
Email:

5. BUYER INFORMATION

Recipient:
Delivery Address:
Phone:
Fax:
Email/Username:

6. ORDERING PARTY INFORMATION

Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:
 

7. PRODUCT(S) INFORMATION

7.1. Features of the product/service (type, quantity, brand/model, color, number) are published on the SELLER's website. If part of a campaign, details are available during the campaign period.

7.2. Prices listed on the site are the selling prices. They remain valid until updated.

7.3. Total price including taxes for the ordered product/service is:

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  • Payment Method & Plan

  • Delivery Address

  • Recipient

  • Billing Address

  • Order Date

  • Delivery Date

  • Delivery Method

7.4. The shipping cost is to be paid by the BUYER.

8. BILLING INFORMATION

Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:

Invoice Delivery: The invoice will be delivered along with the order to the billing address.

9. GENERAL TERMS

9.1. The BUYER acknowledges that they have read and confirmed the pre-information about the product, payment, and delivery on the SELLER’s site.

9.2. Each product is delivered within a legal maximum of 30 days unless otherwise stated. If the product cannot be delivered, the BUYER has the right to terminate the contract.

9.3. The SELLER commits to delivering the product properly, with all necessary documentation, and free from defects.

9.4. With the BUYER’s approval, the SELLER can provide a different product of equal quality and price before fulfilling the contract.

9.5. If the SELLER cannot fulfill the obligation due to impossibility, they must notify the BUYER within 3 days and refund the full amount within 14 days.

9.6. If payment is not made or canceled by the bank, the SELLER is not obliged to deliver.

9.7. If the BUYER’s credit card is fraudulently used, they must return the product within 3 days, shipping covered by the SELLER.

9.8. In force majeure events (unforeseen and uncontrollable), the SELLER will notify the BUYER and may delay delivery or offer alternatives.

9.9. The SELLER has the right to contact the BUYER for communication, marketing, and notifications.

9.10. The BUYER must inspect the product upon delivery and reject damaged items.

9.11. If the cardholder and the BUYER differ, or there’s a security issue, the SELLER may request identity verification documents before processing the order.

9.12. The BUYER guarantees that their personal information is correct and will compensate for any damages caused by inaccurate data.

9.13. The BUYER agrees to comply with legal regulations while using the website.

9.14. The BUYER cannot use the site for unlawful, immoral, or disruptive purposes.

9.15. External links may be provided on the SELLER’s website. The SELLER is not responsible for their content.

9.16. Members violating any clause are fully responsible for legal consequences and may be sued for damages.

10. RIGHT OF WITHDRAWAL

10.1. The BUYER can withdraw from the contract within 14 days after delivery without giving a reason or incurring any penalty. For services, the 14-day period begins from the contract signing date.

10.2. To use the right of withdrawal:

  • Notify the SELLER in writing (registered mail, fax, or email) within 14 days.

  • Product must not be used.

  • Include the original invoice, return form, product, packaging, accessories.

Refund process:

  • SELLER must return the payment and any documents that create debt within 10 days of notification.

  • The product must be collected within 20 days.

  • If damaged due to BUYER's fault, compensation will be deducted.

  • If a promotional discount drops below the threshold, the discount is voided.

11. PRODUCTS WITHOUT RIGHT OF WITHDRAWAL

Products custom-made or personal (e.g. underwear, swimwear, cosmetics, opened software, perishables, one-time use items) cannot be returned once opened, due to health/hygiene regulations. Also excluded: digital content, CDs/DVDs/software, newspapers/magazines, etc.

12. DEFAULT AND LEGAL CONSEQUENCES

If the BUYER defaults in credit card payments, interest will apply per the bank agreement. Legal fees and damages incurred by the SELLER due to delay will be claimed from the BUYER.

13. COMPETENT COURT (Updated for international scope)

In the event of any dispute arising from this contract:

  • If the BUYER is based in Türkiye, complaints and objections may be filed with the Consumer Arbitration Committee or Consumer Court in the location where the consumer resides or where the transaction took place, as per the monetary limits and provisions of Law No. 6502 on Consumer Protection.

  • If the BUYER is located outside of Türkiye, any disputes shall be subject to the jurisdiction of the courts and enforcement offices of Istanbul (Central), Türkiye.
    In such cases, Turkish law shall apply, unless otherwise required by the consumer protection laws of the BUYER's country of residence.

14. EFFECTIVENESS

  • Once the BUYER completes the payment, they are considered to have accepted all terms of this contract. The SELLER must ensure the contract is accepted on the website before purchase.

  • SELLER:
    BUYER:
    DATE:

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