Distance Selling Contract
Article 1 – Subject
The subject of this contract is that the SELLER realized a sales to the BUYER, and encompasses the rights and obligations of the parties regarding the sales and delivery of the product for which the features and sales price is specified below according the provisions subjected by the Consumer Protection Law Nr. 4077 – Regulation on Procedures and Principles of Distance Contracts.
Article 2.1 – Seller Information
Title : House of DIV – Gülşah Sürel Mimarlık San. Tic. Ltd. Şti.
Address Fulya Mah. Polat Tower, No: 12-415 34349 Şişli, İstanbul / Türkiye
Telephone: +90 (212) 274 28 52
Article 3 – Product Information Subject to Contract
The products’ type and specification, quantity, brand/model, color, sales price is as stated in the e-mail.
Article 4 – General Provisions
4.1–The BUYER declares that he/she read and informed him-/herself on the preliminary information regarding the product or products mentioned in Article 3 and subject to this contract and its/their basic specifications, sales price and payment method and delivery, and gave necessary confirmation in the electronic medium.
4.2– The product or products subject to this contract, on the condition that the legal 30 day period is not exceeded, each product will be delivered to the BUYER or the person/organization at the address provided by the BUYER, depending on the BUYER’s settlement distance, within the determined delivery period mentioned in the preliminary information. This period can be extended by an utmost 10 days given the BUYER is informed of the extension beforehand.
4.3– If the product subject to this contract is to be delivered to another person/organization than the BUYER, the SELLER cannot be held responsible if the designated person/organization does not accept the delivery.
4.4– The SELLER is responsible of the product subject to this contract to be delivered robust, complete, according to the qualifications specified in the order.
4.5– For the product subject to this contract to be delivered, it is required that this contract is accepted by the BUYER and the price has been paid via the BUYER’s choice of payment method. In case the product’s price is for any reason not paid or canceled in the the bank records, it is accepted that the SELLER is freed from the liability of delivering the product.
4.6– If after the delivery of the product, the credit card of the BUYER by no fault of the BUYER is used unjustly or unlawfully by unauthorized persons and the bank or financial organization therefore is not paying the price in the name of the SELLER, provided that the product was delivered to the BUYER, it is obligatory to send the product to the SELLER’s contact address(es) within 3 days. In this case the transport costs belong to the BUYER.
4.7– If the SELLER cannot deliver the product subject to this contract within the period due to force majeure or reasons that prevent transportation such as extraordinary conditions of adverse weather conditions, interruption of transportation, the SELLER is liable to inform the BUYER of the situation. In this case the BUYER can decide to use on of these three options: cancel the order, request the product subject to this contract to be – if available – changed with a precedent and/or postpone the delivery until the situation preventing the delivery is resolved. In case the BUYER cancels the order, the amount he/she paid is reimbursed within 10 days in cash and at once.
4.8– Sold products that are defective or broken (defects and breaks caused by the BUYER him-/herself excluded) can be sent to the SELLER’s contact addresses for necessary repairs within their warranty terms and conditions; in this case the shipping expenses will be paid by the SELLER. However the BUYER is obliged to control the products upon delivery.
4.9– This contract becomes effective after it is accepted by the BUYER.
The BUYER has the right of withdrawal from the product subject to this contract within seven (15) days of delivery to him-/herself or the person/organization designated by him-/herself.
In order to use the right of withdrawal, it is obligatory to notify the SELLER communication channels within this period through fax, e-mail or telephone and the product has not been used according the related article’s provisions.
Used products cannot be returned.
In case this right is used, it is mandatory to return the product delivered to a 3. party or the BUYER complete with the shipping cargo delivery record showing it is sent to the SELLER contact addresses, the original bill, box, packaging, – if available – standard accessories. Otherwise, the return will not be accepted.
Within the following 7 days of the receival of these documents, the product price is reimbursed to the BUYER. If the original invoice is not sent the returned product is not accepted. For order returns for which the original invoice was prepared in the name of a corporation, the reimbursement is realized to the card of the BUYER within 15 days of the SELLER receiving the return receipt. The return shipping cost of the product subject to the right of withdrawal is paid by the BUYER. The consumer cannot use his/her right of withdrawal on products which have been produced or changed or added on according the consumers’ special requests and demands and therefore have been personalized.
Up to the value declared by the Ministry of Industry and Trade, the implementation of this agreement is under the authority of Consumer Arbitration Committee and Consumer Courts at the settlement address of the SELLER.
In the case of the order being finalized, the BUYER is deemed to have accepted all the terms of this contract.