DISTANCE SALES CONTRACT
This Distance Sales Contract ("Contract") is prepared in accordance with the Law on Consumer Protection numbered 6502 dated 07.11.2013 ("Law No. 6502") and the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014 and numbered 29188 ("Relevant Regulation") for sales made over the internet, and is as follows in sections of the contract clauses.
ARTICLE 1 – PARTIES
1.1 SELLER
Name: Amor Mundi Takı Tasarım Sanayi ve Ticaret Limited Şirketi, hereinafter referred to as "SELLER".
Address: Beşevler Mah. İzmir Yolu Cad. Komkurt Plaza No:103/25 Nilüfer Bursa
Phone: +90 224 4512044
Email Address: [email protected]
1.2 BUYER
The user who makes purchases from www.amormundi.com belonging to Amor Mundi and buys goods or services, hereinafter referred to as "BUYER".
Name Surname:
Address:
Phone:
Email Address:
ARTICLE 2 - SUBJECT
The subject of this Agreement is to specify the rights and obligations of the parties regarding the sale and delivery of the product(s) ordered by the BUYER from the website www.amormundistudio.com, owned by the SELLER, as per the provisions of Law No. 6502 and relevant Regulations, with the specifications and sales price of the product(s) indicated in Article 3 of the Agreement.
ARTICLE 3 - SUBJECT OF THE CONTRACT PRODUCT
The type, quantity, brand/model, color, sale price, and delivery information of the products are as specified below. The basic features such as the model and color of the product can be found on the website belonging to the SELLER at www.amormundistudio.com. The BUYER can review the features and images of the product on the website as long as the sale continues.
The price listed below is the sale price of the product, including all taxes.
Product description:
Product Price Including VAT:
Quantity:
Shipping Fee:
*The shipping fee will be covered by the SELLER. In the event of an exchange request, the shipping costs will be borne by the BUYER.
Payment Method: Cash/Credit Card Single Payment/Credit Card [*] Installments
Total Price (Including VAT):
Delivery Method: Delivered to address
ARTICLE 4 - GENERAL PROVISIONS
4.1 The BUYER declares that they have read and are informed of all preliminary information regarding the essential qualities, sales price, payment method, delivery, and the SELLER's full trade name, full address, and contact information of the product(s) that are the subject of the Agreement specified in Article 3 and that they provided the necessary confirmation electronically.
By confirming this Agreement, the BUYER also confirms that they have accurately and completely obtained information regarding the address, the essential features of the ordered product, the price of the product, payment and delivery information, and that they will be under payment obligation once the order is confirmed, as required to be provided to the consumer by the SELLER before the conclusion of the distance contract.
4.2 Except for products specially prepared according to the BUYER's requests, the product(s) subject to the Agreement will be delivered to the BUYER or the person/entity at the address indicated by the BUYER within the period specified in the preliminary information based on the distance of the BUYER's place of residence, provided that it does not exceed the legal period of 30 (thirty) days starting from the date the order reaches the SELLER. The delivery cost will be borne by the SELLER, and if the delivery cost is to be borne by the BUYER, this will be specified separately by the SELLER before the establishment of the Agreement.
4.3 The SELLER is responsible for delivering the product, which is the subject of the Agreement, in a sound and complete condition and in conformity with the specifications set out in the order.
4.4 For the delivery of the product subject to the Agreement, it is essential that this Agreement is accepted by the BUYER and the price is paid by the payment method chosen by the BUYER. If, for any reason, the product price is not paid or is canceled in the bank records, the SELLER will be deemed to have been released from the obligation to deliver the product.
4.5 If, after the delivery of the product, the bank or financial institution does not pay the product price to the SELLER on behalf of the BUYER due to the unauthorized or illegal use of the BUYER's credit card, bank card, debit card, and other payment systems offered on the website by unauthorized persons not caused by the BUYER’s fault, the BUYER is obliged to send the product to the SELLER’s contact address within 3 (three) days at the latest, provided that it has been delivered to the BUYER. In this case, all shipping costs are borne by the BUYER.
4.6 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 whom delivery is to be made does not accept the delivery.
4.7 The SELLER will not have any responsibility if the product ordered cannot be delivered to the BUYER due to any issues encountered by the shipping company during the delivery of the product to the BUYER.
4.8 The SELLER may supply a different product of equal quality and price to the BUYER, provided there is a justified reason, before the performance obligation arising from the contract expires.
4.9 If the performance of the product or service subject to the order becomes impossible or if the ordered product is not in stock and the SELLER cannot fulfill the obligations under the Contract, the SELLER will inform the consumer of this situation before the expiration of the performance obligation under the Contract. If there are items in stock, the SELLER may supply the BUYER with a different product of equal quality and price. Without prejudice to this right of the SELLER, it is also possible for the SELLER to refund the product price.
4.10 If the SELLER is unable to deliver the product under the Contract on time due to force majeure or extraordinary circumstances such as adverse weather conditions preventing shipment or interruption of transportation, the SELLER is obliged to inform the BUYER of the situation. In such cases, the BUYER may request the cancellation of the order, the replacement of the product under the Contract with a similar one if available, and/or the postponement of the delivery period until the hindering situation is resolved. If the BUYER cancels the order, the amount paid will be refunded in cash and in full to the BUYER within 10 (ten) days.
If the BUYER has made a payment via credit card, debit card, and/or any other payment systems offered on the Website, the product amount will be refunded to the relevant bank within 7 (seven) days after the order is canceled by the BUYER. The reflection of this amount to the BUYER's accounts after the refund to the bank and/or Card account is entirely related to the bank and/or Card processing time, and the SELLER cannot intervene in any way regarding this matter.
4.11 This agreement becomes effective after being accepted by the BUYER. In the event that the order is confirmed, the BUYER is deemed to have accepted all the terms of this agreement.
Article 5 - RIGHT OF WITHDRAWAL AND EXCHANGE
5.1 Since the products subject to the agreement are handcrafted from natural stones and considered unique, they are evaluated as custom orders and the SELLER does not accept returns of the sold product. By entering into this agreement, the BUYER has been informed and has accepted that the purchased product is among those for which the right of withdrawal cannot be exercised.
The BUYER has the right to exchange the product with another product within 14 (fourteen) days from the delivery of the product to the BUYER or to the person/entity at the address shown by the BUYER, should they be dissatisfied with the product for any reason. To exercise the RIGHT OF EXCHANGE, a written notification must be sent to the SELLER’s contact information provided above within the 14 (fourteen) day period, the product must not have been used in any way, there must be no reason for it to be considered used, and it must be in a resaleable condition as determined by the SELLER.
5.2 In the event that the right of exchange is exercised, the BUYER must return the products to be exchanged to the SELLER, within 14 (fourteen) days from the date the notification of exercising the right of exchange was sent, along with the box, packaging, label, if any, standard accessories, and the invoice, completely and without damage. Otherwise, the right of exchange shall be deemed not to have been exercised.
5.3 The shipping cost of the product returned through the exercise of the right of exchange shall be covered by the BUYER.
5.4 Except in cases where the BUYER exercises their right of exchange and other rights arising from the law, it is not possible to return or exchange any product for another.
ARTICLE 6 – PRODUCTS FOR WHICH THE RIGHT OF EXCHANGE CANNOT BE EXERCISED
1. Products that are specially prepared or designed according to the requests or personal needs of the BUYER,
2. Products for which any change or addition has been made to the original size or design at the request of the BUYER,
3. Products whose label, packaging, or box have been damaged,
4. Products that are not suitable for resale cannot be exchanged.
ARTICLE 7 - PROTECTION OF PERSONAL DATA
7.1 The Buyer can create a User Account under this Agreement, for which they need to provide their name, surname, and contact information. These details are considered 'personal data' under the Personal Data Protection Law No. 6698 ("KVKK"). Additionally, beyond the names, surnames, and contact information, the Seller collects payment information such as credit card details to process the payment for the product purchased by the Buyer, and address information to deliver the product. The Seller collects and transfers personal data for the purpose of performing the services specified in the Agreement, and the processing of this personal data is necessary under Article 5/2(c) of KVKK.
7.2 The Seller agrees, declares, and undertakes to process the personal data collected from the Buyer as mentioned above, in connection with and limited to the purpose of the Agreement within the scope of the services provided under this Agreement. The Seller will retain this data only until the end of the period necessary to perform the service under the Agreement and will delete, destroy, or anonymize the personal data if the reasons requiring the processing of personal data cease to exist. Furthermore, without the explicit consent of the Buyer, the Seller will not transfer personal data to third parties unless it is necessary for the legitimate interests related to the performance of this Agreement and does not harm the fundamental rights and freedoms of the Buyer.
ARTICLE 8 - JURISDICTION
This agreement is subject to Turkish Law. In the event of any disputes arising from the application of this agreement, the Istanbul Central Courts and execution offices shall be authorized. In the event that the order is fulfilled, the BUYER shall be deemed to have fully accepted all the terms of this agreement.