Distance Sales Contract
1. Definitions
Seller: A natural or legal person acting on behalf of or representing the entity that sells goods to consumers, including public legal entities, for commercial or professional purposes.
Consumer, Buyer: A natural or legal person acting for non-commercial or non-professional purposes.
Goods/Product: Tangible goods, immovable property for housing or vacation purposes, software, audio, video, and other intangible goods prepared for use in electronic environments.
Service: Any consumer transaction other than the supply of goods, performed or promised to be performed in exchange for a fee or benefit.
Distance Contract: A contract established between the parties via means of distance communication tools, without the simultaneous physical presence of the Seller and the Consumer, within a framework designed for the marketing of goods or services remotely.
Permanent Data Storage Device: Any device or medium, such as text messages, emails, internet, discs, CDs, DVDs, memory cards, etc., that stores the information sent or received by the consumer, allowing access to this information without modification and enabling inspection for a reasonable period of time.
2. Subject of the Contract and Parties
2.1 This contract outlines the rights, obligations, and responsibilities of both the Consumer and the Seller in accordance with the Consumer Protection Law and Distance Contracts Regulation, regarding the sale of products and services made through the Seller-operated website www.ankarapenshow.com (hereinafter referred to as the "WEBSITE"). In cases not governed by this contract, legal provisions shall apply.
2.2 The Buyer acknowledges and confirms that they have read and understood the essential characteristics, price, payment method, delivery terms, and the right to withdraw, as provided in the preliminary information on the WEBSITE, and declares that they have placed an order for the goods or services accordingly. The preliminary information form and invoice on the payment page of the WEBSITE constitute an integral part of this contract.
2.3 Seller Information
Company Name: Enise Pamuk
Address: Hançerli, Yalı Cami Sk. No: 3/10, 55020, İlkadım, Samsun
Phone Number: 5304681483
MERSIS Number: 4627-9779-9880-0001
2.4 Buyer Information
The person who is registered as a customer on ankarapenshow.com shopping site. The name, surname, address, and contact information provided during registration are taken as the basis.
3. Subject of Products and Services
The fundamental characteristics of the goods or services can be found on www.ankarapenshow.com. You may review the product’s essential features during the campaign period. The listed and advertised prices on the site are the sale prices. The advertised prices and promises remain valid until updated or changed. Prices announced for a specific period are valid until the specified period ends. The type, quantity, brand/model, color, and order details of the product/service constitute the information as of the time the order is finalized. The shipping cost, which is the cost of delivering the product, shall be paid by the Buyer and is non-refundable.
4. General Provisions
4.1 The Buyer acknowledges and confirms that they have read and understood the essential characteristics, price, payment method, and delivery information regarding the products and services displayed on the WEBSITE and has provided the necessary consent in the electronic environment.
4.2 The Seller is responsible for the complete delivery of the product subject to the contract, in compliance with the specifications stated in the order, along with any warranty documents and user manuals if applicable.
4.3 In case the product or service subject to the contract does not meet the required specifications on the WEBSITE, the Buyer may choose among the following options: return the sold product, request a refund corresponding to the defect, request free repair, or ask for a replacement with a defect-free product if repair or replacement does not require excessive costs. The selected option must be communicated to the Seller, and the request must be fulfilled within a maximum of 30 business days from the date of the request. If the Buyer chooses to return or receive a refund, the amount paid will be refunded to the Buyer. The liability for defects shall be subject to a statute of limitations of two years from the date of delivery, regardless of when the defect is discovered. If the defect was known to the Buyer or could have been reasonably expected, there will be no breach of the contract. The Buyer retains the above-mentioned options for any defects.
4.4 If the Buyer fails to make payment for any reason, or if the payment is canceled by the bank, the Seller shall not be obligated to deliver the product/service.
5. Right to Withdraw
5.1 The Buyer has the right to withdraw from the contract within 14 days from the date of delivery of the product to them or a third party designated by the Buyer. The consumer may also exercise their right to withdraw during the period between the contract’s formation and the delivery of the product. The product price shall be refunded to the Buyer within 10 days of receipt of the withdrawal notice, with shipping costs deducted. The Buyer must return the product within 10 days from the date of withdrawal notice, otherwise, the Seller shall not be responsible for any failure to comply with the withdrawal rights. Failure to return the product will make the Buyer responsible for any resulting damages and losses.
5.2 The period for exercising the right of withdrawal begins as follows: for services, it begins from the date the contract is concluded; for goods, it begins from the date the Buyer or a third party designated by the Buyer receives the goods.
5.3 For contracts with multiple products delivered separately, the period begins from the date the Buyer or a third party designated by the Buyer receives the last product. For contracts for goods that are regularly delivered over a specific period, the period begins from the date the Buyer or the designated third party receives the first product.
5.4 The withdrawal notice must be sent to the Seller via a permanent data storage device before the expiration of the withdrawal period. This can be done through www.ankarapenshow.com or via email at info@ankarapenshow.com.
5.5 The Seller shall refund all payments, including shipping costs, made to the Buyer within 14 days from the date the withdrawal notice is received. These refunds will be made using the same payment method used by the Buyer, without any additional costs or liabilities to the Buyer.
5.6 The Buyer is obligated to return the product to the Seller within 10 days from the date the withdrawal notice is sent.
5.7 The Buyer cannot exercise the right of withdrawal for the following contracts:
a) Contracts for goods or services whose prices depend on fluctuations in financial markets and are beyond the control of the Seller.
b) Contracts for goods manufactured according to the consumer’s specific requests or personalized needs.
c) Contracts for perishable goods or goods with expiration dates.
ç) Contracts for goods that have been opened and cannot be returned due to health or hygiene reasons.
d) Contracts for goods that have been mixed with other items and cannot be separated due to their nature.
e) Contracts for digital content or computer hardware, where protective elements like packaging are opened.
f) Contracts for the delivery of newspapers, periodicals, or publications, except where provided under subscription agreements.
g) Contracts related to services for accommodation, transport, car rental, food and beverage delivery, or recreational activities for a specific date or period.
ğ) Contracts for services performed instantly or for intangible goods delivered to the Buyer immediately.
h) Contracts for services initiated with the Buyer’s explicit consent before the expiration of the withdrawal period.
6. Force Majeure
6.1 Events beyond the control of either party, such as natural disasters, war, terrorism, strikes, lockouts, legislative changes, seizures, or significant breakdowns in production or communication facilities, shall be considered force majeure. The party affected by such an event shall notify the other party without delay.
6.2 During the force majeure period, neither party shall be held responsible for failing to perform their obligations. If the force majeure continues for more than 30 days, either party may terminate the contract unilaterally.
7. Evidence Agreement
7.1 The Seller’s records, including electronic and magnetic records, shall constitute definitive evidence in the event of any disputes arising from this contract.
8. Dispute Resolution
8.1 For disputes within the value announced by the Ministry of Customs and Trade, Consumer Arbitration Committees are authorized. For disputes exceeding this value, Consumer Courts and Enforcement Offices in the buyer’s and seller’s place of residence are authorized.
9. Acceptance Declaration
9.1 The buyer declares that they have read and understood all the terms and conditions stated on the Website, including the Preliminary Information Form, which is an integral part of this Agreement, regarding the products/services subject to sale, their essential characteristics, specifications, sale price, payment method, delivery terms, the seller, and all other related matters. They confirm that they have seen, read, and accepted all these details electronically on the website, and by providing electronic consent and acceptance, they agree to order the products/services and accept the terms of this Agreement.
10. Effective Date
10.1 This Agreement has been entered into upon being read by both parties, approved electronically by the buyer, and executed with a positive action (such as payment), thus entering into force.