DISTANCE SALES AGREEMENT
1. PARTIES
This Distance Sales Agreement (“Agreement”) is concluded electronically between the SELLER whose information is provided below and the BUYER/CONSUMER who places an order electronically through www.gumrukdeposu.net, pursuant to Turkish Consumer Protection Law No. 6502, the Regulation on Distance Contracts and other applicable legislation.
1.1. SELLER
Website: www.gumrukdeposu.net
Seller / Business Owner: Cuma Seymen
Tax Office: Tuna Tax Office
Tax No.: 7670432354
MERSIS No.: 2089993396800001
Address: Muratpaşa Mah. Fulya Sokak No: 73/B, Bayrampaşa / Istanbul, Türkiye
Telephone: +90 212 674 05 05
E-mail: destek@gumrukdeposu.net
Return Address: Muratpaşa Mah. Fulya Sokak No: 73/B, Bayrampaşa / Istanbul, Türkiye
Hereinafter referred to as the “SELLER”.
1.2. BUYER / CONSUMER
The BUYER’s name, surname/company name, delivery and billing addresses, telephone number, e-mail address and other required information shall be the information provided by the BUYER during the ordering process on www.gumrukdeposu.net.
Hereinafter referred to as the “BUYER” or “CONSUMER”.
2. SUBJECT OF THE AGREEMENT
The subject of this Agreement is to determine the rights and obligations of the parties regarding the sale and delivery of the product(s) ordered electronically by the BUYER through www.gumrukdeposu.net, the specifications, sales price, payment method, delivery terms and other characteristics of which are displayed during the ordering process.
The BUYER acknowledges that, before completing the order, the BUYER has been informed of the essential characteristics of the product, total sales price, taxes, shipping and other additional costs, if any, payment and delivery conditions, right of withdrawal and other pre-contractual information and has provided the necessary electronic confirmations.
3. ESSENTIAL CHARACTERISTICS AND SALES PRICE OF THE PRODUCTS
The following information regarding the purchased product(s):
- product name,
- type,
- quantity,
- brand/model information, where applicable,
- color, size or variant information,
- essential product characteristics,
- sales price including VAT,
- discount or campaign information,
- shipping costs, if any,
- payment method,
- delivery information
shall be as displayed on the website and in the order summary at the time the order is placed.
The total amount displayed and approved by the BUYER when confirming the order shall apply.
4. LIQUIDATION, CLEARANCE, EXCESS STOCK AND SIMILAR PRODUCTS
In addition to standard retail products, www.gumrukdeposu.net may offer products classified as liquidation, clearance, excess stock, end-of-season, discontinued, display, damaged-packaging or products of a similar nature.
The fact that a product is offered as a “liquidation product”, “clearance product”, “excess stock”, “end-of-season product”, “discontinued product” or under a similar designation does not, by itself, mean that the product is defective and does not eliminate the CONSUMER’s statutory rights.
Where a product has a known defect, deficiency, deformation, damaged packaging, cosmetic imperfection or another specific condition that may affect the CONSUMER’s purchasing decision, such condition shall be clearly stated in the product description or otherwise disclosed in a manner visible to the CONSUMER before the purchase is completed.
The BUYER shall be deemed to have purchased the product with knowledge of the characteristics or defects that were clearly disclosed on the product page before purchase. With respect to such characteristics or defects of which the BUYER was clearly informed and knowingly accepted before purchasing the product, the relevant provisions of applicable legislation shall apply.
However, the BUYER’s statutory rights under Turkish Consumer Protection Law No. 6502 and other applicable legislation shall remain reserved with respect to defects that were not disclosed in the product description and which the BUYER did not know, or could not reasonably have been expected to know, at the time of purchase.
Where the same liquidation or clearance product cannot be supplied again, subject to the BUYER’s statutory rights and to the extent permitted by applicable legislation, a refund or another legally available remedy may be provided instead of replacement.
5. CONCLUSION OF THE AGREEMENT
This Agreement is concluded electronically when the BUYER creates an order through the website, reads and approves the pre-contractual information and this Agreement electronically, and completes the order process that creates an obligation to pay.
The BUYER declares that the information provided during the ordering process is accurate and complete.
6. PAYMENT
The BUYER may make payment using one of the payment methods offered during the ordering process on the website.
For transactions made by credit card or debit card, the terms and procedures of the relevant bank and payment service provider may apply.
For installment transactions, the number of installments, financing charges, if any, and other bank-related conditions shall be as displayed on the payment screen.
In the event that the card used by the BUYER is unlawfully used by unauthorized persons, the applicable legislation and the procedures of the relevant bank and payment service provider shall apply.
7. DELIVERY
The product subject to the order shall be delivered to the delivery address specified by the BUYER during the ordering process or to the person designated by the BUYER.
Where a specific delivery period is stated on the product page or during the ordering process, such period shall apply.
Subject to statutory exceptions, unless otherwise agreed, the ordered product shall be dispatched/delivered within the maximum period prescribed by applicable legislation.
The SELLER shall not be held responsible for delays caused by circumstances attributable to the BUYER, including incorrect or incomplete delivery information, the BUYER not being present at the delivery address, or refusal to accept delivery.
Until the product is delivered to the BUYER or to a third party designated by the BUYER, liability for loss or damage shall be determined in accordance with applicable consumer legislation.
8. STOCK AVAILABILITY AND SUPPLY
Since some products offered on www.gumrukdeposu.net may be liquidation or limited-stock products, stocks may be depleted quickly.
The fact that an ordered product is out of stock shall not, by itself, constitute impossibility of performance.
If performance of the order becomes legally or factually impossible, the BUYER shall be informed within the period prescribed by applicable legislation and any amounts collected shall be refunded within the statutory period.
The SELLER shall not send a different product as a substitute for the ordered product without the BUYER’s express consent.
9. RIGHT OF WITHDRAWAL
For distance sales in which the right of withdrawal applies under applicable legislation, the BUYER has the right to withdraw from the Agreement within 14 (fourteen) days, without giving any reason and without paying any contractual penalty.
For sales of goods, the withdrawal period begins on the date on which the BUYER or a third party designated by the BUYER takes delivery of the product.
The BUYER may also exercise the right of withdrawal before the product is delivered.
Where multiple products under a single order are delivered separately, the withdrawal period shall be calculated in accordance with the applicable legislation, including, where applicable, from receipt of the last product.
10. EXERCISE OF THE RIGHT OF WITHDRAWAL
To exercise the right of withdrawal, it is sufficient for the BUYER to notify the SELLER of the decision to withdraw by means of an explicit statement within the 14-day period.
The withdrawal notification may be made through the following communication channels:
E-mail: destek@gumrukdeposu.net
Telephone: +90 212 674 05 05
Postal / Return Address: Muratpaşa Mah. Fulya Sokak No: 73/B, Bayrampaşa / Istanbul, Türkiye
The BUYER may also use the return/withdrawal request system available on the website, if provided.
After notifying the SELLER of the withdrawal, the BUYER shall return the product to the SELLER within the period prescribed by applicable legislation.
11. REFUNDS FOLLOWING WITHDRAWAL
Where the right of withdrawal is duly exercised, the SELLER shall refund the amounts collected from the BUYER in accordance with the periods and conditions prescribed by applicable legislation.
The refund shall be made in accordance with applicable legislation using a payment method compatible with the payment instrument originally used by the BUYER and without imposing additional costs on the BUYER.
For installment purchases made by credit card, the SELLER shall submit the refund to the relevant payment institution/bank in accordance with applicable legislation. The time required for the bank to reflect the refund on the BUYER’s account or card may depend on the bank’s processing procedures.
12. RETURN SHIPPING COSTS
Where the right of withdrawal is exercised, return shipping costs shall be determined in accordance with the applicable provisions of the Regulation on Distance Contracts.
Where the carrier specified by the SELLER in the pre-contractual information is used for the return, the CONSUMER shall not be charged return shipping costs in circumstances where applicable legislation requires such costs to be borne by the SELLER.
Where the SELLER has not specified a carrier for returns in the pre-contractual information, return shipping costs shall not be charged to the CONSUMER contrary to applicable legislation.
13. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right of withdrawal may not be exercised in respect of contracts for which applicable legislation provides an exception to that right.
Subject to the conditions specified by applicable legislation, examples may include:
- products manufactured or prepared according to the BUYER’s requests or personal requirements;
- products that may deteriorate rapidly or have a short expiration date;
- products whose protective packaging, seal, tape or similar protective elements have been opened after delivery and which are unsuitable for return for health or hygiene reasons;
- products that become mixed with other products after delivery and cannot, by their nature, be separated;
- certain digital content or consumable products where protective packaging has been opened and applicable legislation provides an exception;
- services performed instantly in electronic form or services whose performance has commenced before the end of the withdrawal period with the CONSUMER’s express consent, where applicable legislation provides an exception to the right of withdrawal.
The fact that a product is discounted, promotional, liquidation, clearance, excess stock, end-of-season or discontinued does not, by itself, eliminate the CONSUMER’s right of withdrawal.
14. EXAMINATION OF PRODUCTS AND DIMINISHED VALUE
During the withdrawal period, the BUYER may examine the product to a reasonable extent in order to determine its nature, characteristics and functioning.
Where the value of the product decreases as a result of use beyond what is reasonably necessary to examine the product, the rights and obligations of the parties shall be determined in accordance with applicable consumer legislation.
Except for products that are specifically exempted from the right of withdrawal under applicable legislation, merely opening the packaging does not automatically result in the loss of the right of withdrawal.
15. DEFECTIVE OR NON-CONFORMING PRODUCTS
The SELLER is responsible for delivering the ordered product in conformity with the Agreement.
Where a product is found to be defective, the BUYER may, subject to the conditions stipulated in Turkish Consumer Protection Law No. 6502:
- withdraw from the contract by declaring readiness to return the product;
- retain the product and request a reduction in the sales price proportionate to the defect;
- request free repair at the SELLER’s expense, provided that such repair does not entail disproportionate costs;
- request replacement of the product with a defect-free equivalent, where possible.
The statutory provisions regarding impossibility, disproportionate costs and other applicable limitations remain reserved.
For liquidation or clearance products, the relevant statutory provisions shall apply to defects or characteristics that were clearly disclosed to and knowingly accepted by the BUYER before the purchase.
The BUYER’s statutory rights shall continue to apply to other defects that were not disclosed.
16. SPECIAL CONDITIONS FOR LIQUIDATION AND CLEARANCE PRODUCTS
Due to the limited stock of liquidation and clearance products, it may not always be possible to provide the same product in the same color, size, model or specifications.
Where the BUYER requests replacement of a defective liquidation product with a defect-free equivalent but the same or equivalent product is unavailable, the matter shall be handled in accordance with the BUYER’s statutory remedies and the provisions concerning impossibility and proportionality under Turkish Consumer Protection Law No. 6502.
This provision shall not be interpreted in a manner that eliminates or restricts the BUYER’s mandatory statutory rights to a refund, price reduction or any other remedy.
17. PRODUCT IMAGES AND COLOR DIFFERENCES
The SELLER takes reasonable care to ensure that product images and descriptions represent the products as accurately as possible.
Reasonable differences in color tone may occur due to the display and color settings of computers, smartphones, tablets or other devices.
However, where the essential characteristics of the delivered product differ materially from the product description, the CONSUMER’s statutory rights remain reserved.
18. CAMPAIGNS AND DISCOUNTS
The terms applicable to campaigns, coupons, discounts or similar benefits shall be specified on the relevant campaign page.
If all or part of an order is returned and, as a result, the conditions of the relevant campaign are no longer satisfied, the calculation may be reassessed in accordance with the campaign terms, provided that such reassessment does not violate applicable consumer legislation.
19. FORCE MAJEURE
Natural disasters, war, terrorism, fire, flooding, earthquakes, epidemics, strikes, extraordinary interruptions to transport or communications infrastructure, decisions of public authorities and similar circumstances beyond the reasonable control of the parties may constitute force majeure.
Where an order cannot be fulfilled due to force majeure, the rights and obligations of the parties shall be determined in accordance with applicable legislation.
20. PERSONAL DATA
Personal data belonging to the BUYER may be processed for purposes including order processing, payment, invoicing, delivery, customer service, return procedures and compliance with legal obligations, in accordance with applicable personal data protection legislation.
Detailed information concerning the processing of personal data is provided in the KVKK Privacy Notice and other applicable privacy policies published on www.gumrukdeposu.net.
21. ELECTRONIC RECORDS AND EVIDENCE
Records relating to orders, payments, deliveries, electronic approvals, withdrawals and returns may be retained in accordance with applicable legislation.
The parties’ statutory rights regarding evidence and proof remain reserved.
22. RESOLUTION OF DISPUTES
Disputes arising from this Agreement shall be governed by Turkish Consumer Protection Law No. 6502 and other applicable legislation.
Depending on the monetary value of the dispute and the applicable statutory thresholds, the BUYER may apply to the competent Consumer Arbitration Committee (Tüketici Hakem Heyeti) or Consumer Court (Tüketici Mahkemesi).
The CONSUMER’s rights to apply to any other competent authority or court available under mandatory legislation remain reserved.
23. ENTRY INTO FORCE
Before placing an order through www.gumrukdeposu.net, the BUYER confirms having read and been informed of:
- the Pre-Contractual Information Form;
- this Distance Sales Agreement;
- the essential characteristics of the product;
- the total sales price and any additional charges;
- payment and delivery conditions;
- withdrawal and return conditions.
The BUYER electronically confirms the order with the knowledge that the order entails an obligation to pay.
This Agreement enters into force when the BUYER provides electronic approval and completes the ordering process.
An electronic copy of this Agreement shall be made available to the BUYER or provided through a durable medium as required by applicable legislation.
SELLER:
Cuma Seymen – gumrukdeposu.net
Muratpaşa Mah. Fulya Sokak No: 73/B
Bayrampaşa / Istanbul, Türkiye
Tel: +90 212 674 05 05
E-mail: destek@gumrukdeposu.net
BUYER:
The person whose information is provided electronically during the ordering process.
AGREEMENT DATE:
Order date.
ORDER NUMBER:
The order number stated in the electronic order record.
