This Distance Sales Agreement has been electronically signed between the seller and the buyer (Consumer) as specified below, and the parties hereby declare, accept, and undertake that they have read the entire content of this agreement, understood it in its entirety, and approved all its provisions.
Article 1: PARTIES
SELLER:
Company Name: Burak Pamuk Room Project
Address: Şarkiye Mah. Kazım Karabekir Cad. Furtun Plaza No: 33/44 Altınordu/Ordu
Contact: +90 452 666 1 222
Bank Account: İş Bankası
Account Holder: Burak Pamuk
Account No: 1770293
IBAN No: TR23 0006 4000 0017 1001 7702 93
Tax ID: 57544366796
BUYER (CONSUMER):
Name/Surname/Title:
Address:
Phone:
Email:
Article 2: SUBJECT OF THE AGREEMENT
The subject of this Agreement is the sale and delivery of the product(s) specified below, with their characteristics and selling price, which the buyer orders from the seller through the website with the domain name "odaproducts.com" ("Site") in electronic environment, in accordance with the Law No. 6502 on the Protection of the Consumer and the Distance Contracts Regulation, in order to determine the rights and obligations of the parties.
Article 3: PRODUCT, PRICE, PAYMENT, AND DELIVERY
The type and nature of the product(s) (goods/services), quantity, brand/model/color, unit price(s), selling price, payment (collection) information, and delivery information, including the delivery location specified by the buyer, are as indicated below. If the delivery company does not have a branch in the location of the buyer, the buyer must receive the delivery from another nearby branch notified by the seller (the buyer will be informed through email, SMS, or phone).
The following amounts will be collected from the buyer by the seller:
Total product price excluding shipping,
Shipping Fee,
Total product price including shipping and all taxes,
Payment Method,
Number of Installments,
Collected Interest Rate,
Interest rate used in the calculation of interest charge,
Additional costs to be paid by the buyer,
Article 4: DECLARATIONS AND COMMITMENTS OF THE BUYER:
The buyer acknowledges, prior to the establishment of this Agreement by the acceptance of the buyer on the relevant pages-sections of the website, that the buyer has been informed by reviewing and examining all general and specific explanations on the website as follows:
Article 5: BUYER'S RIGHT OF WITHDRAWAL:
The buyer has the right to withdraw from this agreement without stating any reason and without paying any penalty within fourteen (14) days from the date the buyer receives the product. However, in contracts related to the following goods/services, regardless of whether they are unused/unutilized, there is no right of withdrawal by law:
a) Goods that are prepared according to the buyer's special requests or in line with the buyer's personal needs (including goods that are personalized based on the buyer's request by making changes or additions, including special products obtained from abroad due to buyer orders),
b) Perishable or goods with an expiration date that can pass,
c) Goods that are opened after delivery, such as packaging, tape, seal, package, which are not suitable to be returned for health and hygiene reasons,
d) Goods that are mixed with other goods after delivery and cannot be separated by nature,
e) Goods where protective elements such as packaging, tape, seal, package are opened,
f) Instantly performed services in electronic media and any kind of immaterial goods delivered instantly to the consumer,
g) Goods or services the price of which varies depending on fluctuations in financial markets and are not under the control of the seller/provider,
h) Periodical publications such as newspapers and magazines, except for those provided under a subscription agreement,
i) Services that have started to be performed within the withdrawal period with the buyer's approval, and
j) Other goods or services that are generally considered outside the scope of distance selling according to the relevant legislation, and cases where the buyer makes purchases for commercial/professional purposes.
In cases where the right of withdrawal is possible, if the buyer does not use the product in accordance with its operation, technical specifications, and usage instructions until the withdrawal date, the buyer is legally responsible for any changes or deterioration that may occur. Accordingly, if there is a change or deterioration due to the product not being used in accordance with the usage instructions, technical specifications, and operation until the withdrawal date, the buyer may lose the right of withdrawal; in cases accepted by the seller, a discount will be applied to the refundable Product price based on the change/deterioration. In cases where the right.
Article 6: Rules Regarding Security, Privacy, Personal Information, Electronic Communications, and Intellectual-Industrial Rights
The privacy rules, policy, and terms stated below are applicable to the protection, privacy, processing, use of information on the website, as well as communications and other matters.
6.1. Necessary precautions for the security of information and transactions entered by the buyer on the website are taken within the seller's system infrastructure, based on current technical capabilities and the nature of the information and transaction. However, since this information is entered from the buyer's device, it is the buyer's responsibility to take necessary measures to protect them and prevent unauthorized access by unrelated individuals, including harmful applications such as viruses.
6.2. The information obtained from the buyer's membership and transactions on the website can be recorded, stored in printed/magnetic archives, updated, shared, transferred, and processed for various purposes such as all kinds of information, advertising-promotion, sales, marketing, store cards, credit cards, and membership applications, as well as electronic and other commercial-social communications, by the seller, its representatives, successors indefinitely or for the period they specify, in accordance with the applicable legislation on personal data protection and electronic commerce legislation. These data may also be provided to relevant authorities and courts when legally required. The buyer has given consent and permission for the use, sharing, processing, and sending of their existing and new personal and non-personal information within the scope mentioned above, in accordance with the legislation on personal data protection and electronic commerce legislation.
6.3. The buyer can always stop data usage-processing and/or communications by reaching the seller through the specified communication channels. Upon the explicit notification of the buyer regarding this matter, personal data processing and/or communications to them are stopped within the legal maximum period; furthermore, if desired, information other than those that need to be legally preserved and/or possible is deleted from the data recording system or anonymized in a way that cannot be identified. If the buyer wishes, they can apply to the seller through the above-mentioned communication channels and obtain information regarding actions related to the processing of their personal data, the recipients to whom the data is transferred, rectification in case of inaccuracies or deficiencies, notification to relevant third parties of corrected information, deletion or destruction of data, objection to the emergence of an adverse outcome due to processing personal data through automated systems, and remediation in case of damages due to the unlawful processing of data. These applications and requests may be fulfilled within the legal maximum periods or may not be accepted by disclosing their legal reasons to the buyer.
6.4. All kinds of information and content related to the website and their organization, revision, and partial/complete use, except for those belonging to third parties under the seller's agreement, belong to the seller in terms of intellectual and industrial property rights.
6.5. The seller reserves the right to make any changes it deems necessary in the above matters; these changes will become effective from the moment they are announced by the seller through the Internet site or other appropriate methods.
6.6. Privacy-security policies and terms of use of other sites accessed through the website are valid; the seller is not responsible for any disputes or negative consequences that may arise.
Article 7: General Provisions
7.1. The subject product of the contract will be delivered to the buyer or the third person/organization at the address indicated on the internet site, subject to the condition that the legal 30-day period is not exceeded. The seller sends and delivers the products through the contracted cargo company. If the cargo company does not have a branch at the buyer's location, the buyer must receive the product from another nearby branch of the cargo company notified by the seller. Products in stock will be delivered to the cargo within a maximum of three (3) business days from the order date. However, if there are promotional products in the same order, the delivery of all products in the order will be delayed until the end of the campaign, and then all products will be given to the cargo company to be delivered to the person and address specified by the consumer within a maximum of 3 (three) business days. Cargo companies generally deliver shipments received from the seller to buyers within an average of 3 (three) business days, depending on the distance.
7.2. In general, unless otherwise expressly stated, delivery expenses (such as shipping fees, etc.) are the responsibility of the buyer. Depending on the campaigns carried out by the seller during the sale and the conditions announced on the Internet site, the seller may not reflect the entire or part of these delivery expenses to the buyer.
7.3. If the buyer is not present at the address during the delivery of the product and the people at the address do not accept the delivery, the seller will be deemed to have fulfilled its obligation in this regard. If there is no one to receive the delivery at the address, it is the responsibility of the buyer to contact the cargo company to track the shipment. If the product will be delivered to someone else/another organization, the seller cannot be held responsible for the absence of the person/organization to whom the delivery will be made at the address or for their refusal to accept the delivery. In these cases, any damages arising from the buyer receiving the product late and the costs incurred due to the product remaining at the cargo company and/or the return of the cargo to the seller will be borne by the buyer.
7.4. The buyer is responsible for inspecting the product when it is delivered and, if a problem arising from the cargo is observed, for not accepting the product and creating a report with the authorized representative of the cargo company. Otherwise, the seller will not accept any responsibility.
7.5. Unless otherwise provided by law, the full payment of the product must be made by the buyer before receiving the product. In advance sales, if the product price is not fully paid to the seller or if the due installment amount is not paid in installment sales, the seller can unilaterally cancel the contract and may not deliver the product. If, after the delivery of the product, for any reason, the bank/financial institution that owns the credit card used for the transaction does not pay the product price to the seller or requests a refund of the paid amount, the product will be returned to the buyer within a maximum of 3 days. If the product price is not paid due to the buyer's default or negligence, the shipping costs will be covered by the buyer. The seller's right to take all contractual and legal actions, including following up on the collection of the product price without accepting the return, remains reserved and may be exercised at any time. For the avoidance of doubt, in cases where the buyer pays the purchase price using a credit card obtained from banks (including financial institutions), all facilities provided by these cards are directly provided by the card issuer in terms of credit and/or installment payment options; within this framework, sales of products realized by the seller, where the product sales are collected by the seller instantly or gradually, are not considered installment sales, but are considered cash sales. The seller's legal rights regarding installment sales in cases determined by the relevant legislation (including the right to terminate the contract and/or demand payment of the remaining debt together with default interest in case the installments are not paid) are reserved and in effect. In case of the buyer's default, default interest is applied at the monthly rate stipulated by the current laws.
7.6. If the delivery of the product cannot be made within the legal maximum period of 30 days due to extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquake, flood, fire, etc.), the seller will inform the buyer about the delivery. In this case, the buyer can cancel the order, place an order for a similar product, or wait until the end of the extraordinary situation.
7.7. If it is understood by the seller that the subject product of the contract cannot be supplied, the seller may provide another product/service of equal quality and price, provided that the buyer is informed clearly within three (3) days of learning this situation, and with the consent and approval of the buyer in accordance with the law, the seller is deemed to have fulfilled the subject commitment. The buyer is free to give or not give this consent, and in cases where the consent is not given, the contractual-legal provisions regarding the cancellation of the contract (termination of the contract) are applied.
7.8. In cases of cancellations, including legal cancellations, and contract terminations, if the price of the product is collected, it will be refunded to the buyer within a maximum of 14 days. The requirements of the following rule are reserved. The refund will be made to the payment instrument used by the buyer to make the product payment. For example, in credit card payments, the refund will be made to the buyer's credit card, and the product amount will be refunded to the bank within the same period after the order is canceled. As the process of reflecting the refund to the buyer's accounts is entirely dependent on the bank transaction process, the buyer acknowledges in advance that the seller cannot intervene or take responsibility for possible delays (bank procedures for reflecting the refund to the buyer's account can take up to three weeks). The seller's rights to deductions, discounts, and adjustments stipulated in this Agreement and the law with respect to the refundable amount are reserved and applicable. The legal rights of the buyer arising from the termination of the contract for the seller's failure to fulfill its performance, as well as all contractual and legal rights, remain reserved and available.
7.9. The buyer can communicate their requests and complaints about the product and the sale by contacting the seller through the communication channels specified in the introduction section of this Agreement.
7.10. Some of the issues mentioned in paragraph 3 may not be included in this contract due to their nature, but they are included in the Preliminary Information that the buyer sees/approves on the internet site, as well as in the informative pages/sections of the internet site according to the buyer's interest.
7.11. The buyer acknowledges and declares that they have read all the terms and explanations in this contract and its integral part, the order-contract preliminary information (on the internet site), that they are informed about the fundamental characteristics-attributes of the product/products subject to sale, the sale price, the payment method, the delivery conditions, the seller, and other preliminary information-information about the product and that they have seen and approved all of them electronically on the internet site, and by giving their confirmation-approval-consent-authorization to the product order in electronic form, they have accepted the provisions of this Agreement.