MASUMA CERAMICS

DISTANCE SALES CONTRACT

ARTICLE 1 - PARTIES

1.1 This Distance Sales Agreement (“ Agreement ”) has been established electronically between the person specified in Article 4 (“ Buyer ”) and Nida Başoğlu (“ Seller ” or “ Masuma Ceramics ”) residing at Göktürk Merkez Mah. İstanbul Cad. 1. Begonya Sok. Arcadium Life 3 Kat:2 D:54 34077 Göktürk/ Eyüp/İstanbul, within the framework of the terms and conditions set out below.

ARTICLE 2 - DEFINITIONS

In the application and interpretation of this agreement, the terms written below will express the written explanations opposite them.

Minister

:

Minister of Customs and Trade,

Ministry

:

Ministry of Customs and Trade,

Law

:

Consumer Protection Law,

Regulations

:

Distance Sales Regulation,

Service

:

The subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit,

Sales person

:

A natural or legal person, including public legal entities, who offers goods to consumers for commercial or professional purposes or acts on behalf or on behalf of the person offering the goods,

Buyer

:

A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,

Website

:

The SELLER's website named www.masumaceramics.com.tr ,

The parties

:

SELLER and BUYER,

Agreement

:

This Agreement concluded between SELLER and BUYER,

ARTICLE 3 - SELLER INFORMATION

Title

:

Nida Basoglu (Masuma Ceramics)

Address

:

Gokturk Center District Istanbul Street 1. Begonya Street Arcadium Life 3 Floor:2 D:54 34077 Gokturk/ Eyup/Istanbul

Telephone

:

0530 588 5616

Email

:

info@masumaceramics.com.tr

Central Registry Number:

:

30067895288

ARTICLE 4 - BUYER INFORMATION

Name - Surname - Title

:

Address

:

Telephone

:

Email

:

TIN

:

ARTICLE 5 - SUBJECT OF THE CONTRACT

5.1. The subject of this Distance Selling Contract is the determination of the rights and obligations of the Parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically through the SELLER's website.

5.2. The BUYER accepts and declares that he/she is informed about the basic characteristics of the goods or services subject to sale, the sales price, payment method, delivery conditions and all preliminary information about the goods or services subject to sale and the right of "withdrawal", that he/she has confirmed this preliminary information electronically and then accepted this Distance Sales Contract and ordered the goods or services in accordance with the provisions of this contract. The preliminary information and invoice on the payment page of masumaceramics.com.tr are integral parts of this contract.

ARTICLE 6 - INFORMATION ON THE PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT

6.1. The basic features of the Product/Products/Service (type, quantity, brand/model, color, number) are available on the SELLER's website. You can examine the basic features of the product during the campaign period.

6.2. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until updated and changed. The prices announced for a limited period are valid until the end of the specified period.

6.3. The sales price of the goods or services subject to the contract, including all taxes and shipping costs, is stated both on the relevant page where the product is advertised and below.

6.4. All additional charges such as taxes, duties and fees related to the product will be paid by the SELLER.

6.5. The shipping fee, which is the product shipping cost, will be paid by the SELLER for purchases of 1,500 TL and above; and by the BUYER for purchases below 1,500 TL. 

6.6. The shipping fee is included both on the relevant page where the product is advertised and in the payment area.

Product Description

Piece

Cash Price

Subtotal (VAT Included)

     Shipping Amount

Shipping Amount

-

 

 

Total

ARTICLE 7 - GENERAL PROVISIONS

7.1. The BUYER accepts, declares and undertakes that he/she has read the basic characteristics, sales price and payment method of the Product subject to the Agreement on the Website, and that he/she has been informed and has given the necessary confirmation electronically. The BUYER accepts, declares and undertakes that he/she has correctly and completely obtained the address that should be given to the BUYER by the SELLER before the establishment of the distance sales contract, the basic characteristics of the ordered products, the price of the products including taxes, payment and delivery information by confirming the Preliminary Information electronically.

7.2. Each product subject to the contract shall be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the shipment information section of the website, depending on the distance to the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER shall not be held responsible if the person/organization to whom the delivery is made does not accept the delivery.

7.3. SELLER accepts, declares and undertakes to deliver the product subject to the Contract in full, in accordance with the qualities specified in the order and with the warranty documents, user manuals, information and documents required for the job, free from any defects, in accordance with the requirements of the legal legislation, in a sound manner and in accordance with the standards, within the principles of honesty and integrity, to maintain and increase the service quality, to show the necessary attention and care during the performance of the job, to act with prudence and foresight.

7.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his/her explicit approval before the expiration of the performance obligation arising from the Contract.

7.5. The BUYER accepts, declares and undertakes that it will confirm this Agreement electronically for the delivery of the Product subject to the Agreement, and that if the price of the Product subject to the Agreement is not paid for any reason and/or is cancelled in the records of the bank or financial institution, the SELLER's obligation to deliver the Product subject to the Agreement will end. The BUYER accepts, declares and undertakes that the SELLER has no responsibility for payments made to the SELLER by the bank and/or financial institution but for which a failed code is sent by the bank and/or financial institution for any reason.

7.6. If the price of the contractual product is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the BUYER's credit card by unauthorized persons after the delivery of the contractual product to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER accepts, declares and undertakes to return the contractual product to the SELLER within 3 days, the shipping costs being borne by the BUYER.

7.7. If the SELLER cannot deliver the contracted product within the specified time due to force majeure events that occur beyond the will of the parties, are unforeseen and prevent and/or delay the parties from fulfilling their obligations, the SELLER accepts, declares and undertakes to notify the BUYER of this situation within 10 (ten) days after learning of the situation. The BUYER also has the right to request the SELLER to cancel the order, replace the contracted product with a similar one, if any, and/or postpone the delivery period until the preventive event is eliminated. In the event that the order is cancelled by the BUYER, the product price shall be paid to the BUYER in cash and in a single payment within 14 (fourteen) days. In the case of payments made by the BUYER with a credit card, the product price shall be returned to the relevant bank within 7 (seven) days after the order is cancelled by the BUYER. BUYER accepts, declares and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take 2 (two) to 3 (three) weeks, and since the reflection of this amount in the BUYER's account after its refund to the bank is completely related to the bank transaction process, BUYER accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.

7.8. BUYER shall inspect the goods/services subject to the Agreement before receiving them; shall not accept damaged and defective goods/services such as crushed, broken, torn packaging etc. from the cargo company. The goods/services received shall be deemed to be undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to BUYER. If the right of withdrawal is to be used, the goods/services must not be used. They must be returned with an invoice. BUYER cannot use the right of withdrawal for custom-made products.

7.9. If a security breach is detected in the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to present the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order or a letter from the card holder's bank stating that the credit card belongs to him/her. The order will be frozen until the BUYER provides the requested information/documents, and if the said requests are not met within 24 (twenty-four) hours, the SELLER has the right to cancel the order.

7.10. BUYER declares and undertakes that the personal and other information provided by him while becoming a member of the SELLER's website is true and correct, and that he will compensate the SELLER for all damages that may be incurred due to the untruthfulness of this information, immediately, in cash and in one go upon the first notification of the SELLER.

7.11. The BUYER accepts and undertakes to comply with the provisions of the legal legislation and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise will bind the BUYER completely and exclusively.

7.12. BUYER cannot use the SELLER's website in any way that disrupts public order, is against general morality, disturbs and harasses others, for an illegal purpose, or infringes on the material and moral rights of others. Furthermore, members cannot engage in activities that prevent or make it difficult for others to use the services (spam, virus, trojan horse, etc.).

7.13. Links may be provided to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties through the SELLER's website. These links are placed for the purpose of facilitating navigation for the BUYER and do not support any website or the person operating that site and do not constitute any guarantee regarding the information contained in the linked website.

7.14. The member who violates one or more of the articles listed in the membership agreement shall be personally liable for this violation in legal and criminal terms and shall hold the SELLER harmless from the legal and criminal consequences of such violations. In addition; in the event that the incident is brought to the legal field due to this violation, the SELLER reserves the right to claim compensation from the member due to non-compliance with the membership agreement.

ARTICLE 8 - SPECIAL CONDITIONS

8.1. If the BUYER is able to benefit from more than one campaign on the same invoice,

BUYER will be able to participate in more than one campaign according to the campaign participation conditions determined by SELLER. BUYER accepts, declares and undertakes that he/she will not make any claims if he/she cannot participate in more than one campaign according to the campaign conditions determined by SELLER.

8.2. SELLER reserves the right to stop, update and change the campaign conditions announced on the Website at any time. BUYER must review the campaign conditions before each purchase from the Website.

8.3. Your bank may organize campaigns and apply a higher number of installments than the number of installments you have selected, and services such as postponement of installments may be offered. Such campaigns are at the discretion of your bank and information about the campaigns is provided on our pages if the SELLER is aware of them. Starting from the statement date of your credit card, the order total will be divided by the number of installments and reflected on your credit card statement by your bank. The bank may not distribute the installment amounts equally to the months by taking into account the fractional differences. The creation of your detailed payment plan is at the discretion of your bank.

ARTICLE 9 - RIGHT OF WITHDRAWAL

9.1. In distance contracts related to the sale of goods, the BUYER may use the right to reject the goods and withdraw from the contract without giving any reason within 14 (fourteen) days from the date of delivery of the product to him/her or to the person/organization at the address he/she has indicated. The BUYER must notify the SELLER within this period that the right of withdrawal has been used. Before accepting the distance contract or any offer corresponding to it, the BUYER is informed by the seller or provider in a clear and understandable manner on the issues detailed in the regulation and that he/she will be under a payment obligation if he/she approves the order, and the BUYER accepts in advance that he/she has been informed.

9.2. The BUYER accepts, declares and undertakes that he/she will send the product or deliver it to the store, complete and undamaged, within 10 (ten) days from the date of notification to the SELLER regarding the use of his/her right of withdrawal.

9.3. In order to exercise the right of withdrawal, it is required that a written notification is given to the SELLER via e-mail etc. within 14 (fourteen) days and that the product has not been used within the framework of the provisions of "Products for which the Right of Withdrawal Cannot Be Used" set out under Article 11. In case of exercising this right,

3. a) Invoice for the product delivered to the 3rd party or the BUYER,
4. b) Return form,
5. c) Sample cargo delivery report,
6. d) The products to be returned must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any.
7. e) The SELLER is obliged to return the total price and the documents that put the BUYER indebted to the BUYER within 14 days at the latest from the date of receipt of the notice of withdrawal and to take back the goods within 14 days.
8. f) If the value of the goods decreases or return becomes impossible due to a reason caused by the BUYER's fault, the BUYER is obliged to compensate the SELLER for the damages in proportion to his fault.
9. g) If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.

In cases where the BUYER exercises his right of withdrawal or the product in question cannot be supplied for various reasons or the arbitration board decides to refund the amount to the BUYER, if the purchase was made by credit card and in installments, the procedure for refunding the amount to the credit card is stated below:

The Bank makes the refund to the BUYER in installments, regardless of the number of installments the BUYER purchased the product. After the SELLER pays the bank the entire product price in one go, in the event that the installment expenses made from the Bank POS are refunded to the BUYER's credit card, the requested refund amounts are transferred to the holder accounts by the Bank in installments so that the parties involved in the matter do not suffer. The installment amounts paid by the BUYER until the cancellation of the sale, if the refund date does not coincide with the card's statement closing dates, will be reflected on the card as 1 (one) refund each month and the BUYER will receive the installments paid before the refund for an additional month after the sale installments are completed, as many months as the number of installments paid before the refund, and will be deducted from their current debts.

ARTICLE 10 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

10.1. In accordance with the provisions of Article 15 titled “Exceptions to the right of withdrawal” of the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014 and the provisions of Article 9 of the distance sales contract approved electronically between the parties, it is required that the product has not been used and can be offered for resale by the seller. The BUYER will not be able to use the right of withdrawal in the following cases:

1. a) Contracts for goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller (products in the category of jewelry, gold and silver).
2. b) Goods prepared in line with the consumer's wishes or personal needs.
3. c) Goods that can spoil quickly or whose expiration date may expire.
4. d) In the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; and whose return is not suitable for health and hygiene reasons.
5. e) Contracts regarding books, sound or image recordings, software programs and computer consumables offered in material form (all kinds of software and programs, DVD, VCD, CD and cassettes, computer and stationery consumables (toner, cartridge, ribbon etc.), telephone credit orders) provided that the protective elements such as packaging, tape, seal, package are opened by the consumer.
6. f) Books, digital content and computer consumables presented in material form, if protective elements such as packaging, tape, seal, package have been opened after delivery of the goods.
7. g) In periodical publications such as newspapers and magazines, other than those provided under the subscription agreement.
8. h) In the evaluation of free time for accommodation, transportation of goods, car rental, food and beverage supply and entertainment or rest that must be done on a certain date or period.
9. i) Services performed instantly in electronic environment or products delivered instantly to the consumer.
10. j) Services that begin to be performed with the consumer's approval before the expiration of the right of withdrawal.

ARTICLE 11 - RULES ON PROTECTION OF PERSONAL DATA AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

11.1. Personal information of the BUYER that can be defined as personal data within the scope of the Personal Data Protection Law No. 6698;

* It may be recorded, stored in written/magnetic archives, used, updated, shared, transferred and processed in other ways by the SELLER, SELLER affiliates and third parties and/or organizations indefinitely/temporarily in order to take orders, provide products and services, develop products and services, solve system problems, carry out payment transactions, -in case of prior approval- be used in marketing activities about orders, products and services, update information about the BUYER, manage and maintain memberships, execute distance sales contracts and other contracts established between the BUYER and the SELLER and to ensure that technical, logistic and other similar functions of third parties are performed on behalf of the SELLER.

11.2. Necessary measures for the security of the information and transactions entered by the BUYER on the Website have been taken in the Seller's own system infrastructure, in accordance with the nature of the information and transaction, to the extent of today's technical possibilities. However, since the information in question is entered from the BUYER's devices, the BUYER is responsible for taking the necessary measures, including those against viruses and similar harmful applications, to protect it and prevent it from being accessed by unrelated persons.

11.3. BUYER may contact SELLER through the specified communication channels and request that data usage-processing and/or communications be stopped at any time. According to BUYER’s clear notification in this regard, personal data transactions and/or communications to the party shall be stopped within the legal maximum period; in addition, if BUYER wishes, information other than those legally required to be preserved and/or possible shall be deleted from the data recording system or anonymized in a way that prevents identification. BUYER may, if he/she wishes, apply to SELLER at any time and receive information on matters such as transactions regarding the processing of his/her personal data, persons to whom it is transferred, correction in case of incompleteness or inaccuracy, notification of corrected information to relevant third parties, deletion or destruction of data, objection to the emergence of a result against him/her by means of analysis with automatic systems, compensation in case of damages due to unlawful processing of data. The said applications shall be examined and BUYER shall be contacted within the legal period and within the periods stipulated in the legislation.

11.4. Regarding all kinds of information and content of the Website and their arrangement, revision and partial/full use; all intellectual-industrial rights and property rights, except those belonging to other third parties according to the agreement of the SELLER, belong to Melek Gayrimenkul Yatırım A.Ş.

11.5. Other sites accessed from the Website have their own privacy-security policies and terms of use, and the SELLER is not responsible for any disputes or negative consequences that may arise.

ARTICLE 12 - DEFAULT EVENT AND ITS LEGAL CONSEQUENCES

12.1. BUYER accepts, declares and undertakes that in case of default in transactions made with credit card, the cardholder bank will pay interest within the framework of the credit card agreement made with the BUYER and will be liable to the bank. In this case, the relevant bank may take legal action; may demand the expenses and attorney fees from BUYER and in any case, in case BUYER defaults due to his debt, BUYER accepts, declares and undertakes that he will pay the loss and damage suffered by SELLER due to delayed payment of the debt.

ARTICLE 13 - EVIDENCE AGREEMENT AND COMPETENT COURT

13.1. In the resolution of any dispute that may arise from this Agreement and/or its implementation, SELLER records (including magnetic records such as computer-voice records) shall constitute definitive evidence. The parties have agreed that in disputes arising from the implementation and interpretation of the Agreement, the Consumer Arbitration Committees at the place where the BUYER resides shall have jurisdiction within the monetary limits determined within the framework of the legislation, and in cases exceeding this, the Courts and Enforcement Offices at the place where the SELLER or BUYER resides shall have jurisdiction.

ARTICLE 14 - ENFORCEMENT

14.1. This Agreement consisting of 14 (fourteen) articles has been concluded and entered into force by being read by the Parties and approved electronically by the BUYER on the date of the transaction. A copy of the Agreement has been recorded in our systems and can also be sent by e-mail upon request.