TERMS & CONDITIONS
1. PARTIES
This Agreement has been signed between the parties below within the framework of the terms and conditions specified below.
A. ‘BUYER’; (hereinafter referred to as “BUYER”) NAME-SURNAME: ADDRESS:
B. ‘SELLER’; (hereinafter referred to as “SELLER”)
NAME-SURNAME: Berna Narşap
ADDRESS: Ali Pertek Sokak, No:11/1, Rumelihisarı/Sarıyer İstanbul Turkey
By accepting this agreement, the BUYER agrees in advance that they will be under the obligation to pay the order amount, and any additional charges such as shipping fees and taxes, if specified, when they confirm the order subject to the agreement, and that they have been informed about this.
DEFINITIONS
In the application and interpretation of this agreement, the terms written below will express the written explanations opposite them:
MINISTER: The Minister of Customs and Trade, MINISTRY: The Ministry of Customs and Trade, LAW: Law No. 6502 on Consumer Protection, REGULATION: Distance Contracts Regulation (OG: 27.11.2014/29188), SERVICE: The subject of any consumer transaction other than providing goods, which is made or committed in exchange for a fee or benefit, SELLER: The company that offers goods to the consumer within the scope of commercial or professional activities or acts on behalf or account of the provider, BUYER: A real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes, WEBSITE: The website owned by the SELLER, ORDERER: A real or legal person who requests a good or service through the website of the SELLER, PARTIES: The SELLER and BUYER, AGREEMENT: This agreement made between the SELLER and BUYER, GOODS: Movable goods subject to shopping and intangible goods such as software, sound, images, and similar goods prepared for use in electronic media.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties concerning the sale and delivery of the product, the qualities, and sale price of which are specified below, in accordance with the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts. The listed and announced prices on the site are sale prices. Announced prices and promises are valid until updated or changed. Prices announced for a specific period are valid until the end of the specified period.
4. SELLER INFORMATION
Title: Berna Narşap
Address: Ali Pertek Sokak, No:11/1, Rumelihisarı/Sarıyer İstanbul Turkey
Email: info@kaaseatelier.com
5. BUYER INFORMATION
Recipient Name Delivery Address Phone Fax Email / Username
6. INFORMATION OF THE PERSON PLACING THE ORDER
Name / Surname / Title Address Phone Fax Email / Username
7. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE AGREEMENT
7.1. The basic features of the product(s)/service (type, quantity, brand/model, color, quantity) are published on the SELLER’s website. If a campaign is organized by the SELLER, you can review the basic features of the relevant product during the campaign period. It is valid until the campaign date.
7.2. Listed and advertised prices on the site are sale prices. Announced prices and promises are valid until updated or changed. Prices announced for a specific period are valid until the end of the specified period.
7.3. The total price of the product or service subject to the agreement, including all taxes, is shown below.
Product Description Quantity Unit Price Shipping Fee Total: Payment Method and Plan Delivery Address Recipient Name Invoice Address Order Date Delivery Date Delivery Method
7.4. The shipping cost for the product, the cargo fee, will be paid by the BUYER.
8. INVOICE INFORMATION Name/Surname/Title Address Phone Fax Email/Username
Invoice Delivery: The invoice will be sent to the customer’s email address during the order delivery process.
9. GENERAL PROVISIONS
9.1. Product Information and Purchase Agreement The BUYER acknowledges, states, and agrees that they have read and understood the essential features, sale price, and payment method of the product covered by this contract on the SELLER’s website, as well as the delivery-related pre-information. The BUYER further acknowledges, states, and agrees that they have accurately and fully received the necessary electronic confirmation, including the address provided by the SELLER, the essential features of the ordered products, the price including taxes, and the payment and delivery details.
9.2. Delivery Terms The product(s) covered by this contract will be delivered to the BUYER or the designated individual and/or organization at the address provided by the BUYER within the time frame specified in the website’s pre-information section, depending on the distance of the BUYER’s residence, provided it does not exceed the legal 30-day period. If the product cannot be delivered within this period, the BUYER reserves the right to terminate the contract.
9.3. Product Quality and Service Commitment The SELLER acknowledges, states, and agrees to deliver the product covered by the contract in full, consistent with the qualities specified in the order, including any warranty documents, user manuals, and other necessary information and documentation, free from defects, and in compliance with legal regulations and standards. The SELLER further commits to perform the work in accordance with the principles of honesty and integrity, to maintain and enhance service quality, and to exercise due care, diligence, and foresight throughout the performance of the work.
9.4. Product Substitution The SELLER may provide a different product of equal quality and price by informing the BUYER before the expiration of the performance obligation arising from the contract and obtaining their explicit approval.
9.5. Order Cancellation and Refund Policy In case the fulfillment of the product or service related to the order becomes impossible, the SELLER acknowledges, states, and agrees to inform the consumer in writing within 3 days from the date they become aware of the situation and to refund the total amount to the BUYER within 14 days.
9.6. Payment Failure and Delivery Obligation The BUYER acknowledges, states, and agrees that by electronically confirming this Agreement for the delivery of the product covered by the contract, if the product’s price is not paid for any reason and/or if it is canceled in the bank records, the SELLER’s obligation to deliver the product will cease.
9.7. Unauthorized Credit Card Use and Product Return If the payment for the product covered by the contract is not made by the relevant bank or financial institution to the SELLER due to unauthorized use of the BUYER’s credit card by unauthorized persons following the delivery of the product to the BUYER or the designated individual and/or organization at the provided address, the BUYER acknowledges, states, and agrees to return the product to the SELLER within 3 days, with the shipping cost to be borne by the SELLER.
9.8. FORCE MAJEURE
The SELLER agrees, declares, and undertakes that if they are unable to deliver the product within the specified time due to force majeure events beyond the control of the parties, such as unforeseen and obstructive situations, they will inform the BUYER. The BUYER has the right to request the cancellation of the order, replacement of the product with a similar one if available, and/or postponement of the delivery until the obstructive situation is resolved. If the order is canceled by the BUYER, cash payments made by the BUYER will be refunded in full within 14 days. For payments made by credit card, the product amount will be returned to the relevant bank within 14 days after the order has been canceled by the BUYER. The BUYER agrees, declares, and undertakes that they cannot hold the SELLER responsible for any possible delays since the reflection of the amount refunded to the credit card by the SELLER to the BUYER’s account is entirely related to the bank’s transaction process, and the average process may take 2 to 3 weeks.
9.9. Communication Rights
The SELLER has the right to communicate with the BUYER through the address, email address, fixed and mobile phone lines, and other contact information specified in the registration form on the site or later updated by the BUYER, for communication, marketing, notification, and other purposes. By accepting this agreement, the BUYER agrees and declares that the SELLER may engage in the aforementioned communication activities.
9.10. Inspection and Acceptance
The BUYER shall inspect the product/service subject to the contract before delivery; they will not accept damaged, defective products/services with dents, broken, torn packaging, etc., from the cargo company. The delivered product/service is considered to be undamaged and intact. After delivery, the duty to carefully protect the product/service belongs to the BUYER. If the right of withdrawal is to be exercised, the product/service must not be used. The invoice must be returned.
9.11. Credit Card Security
In cases where the BUYER and the credit cardholder used during the order are not the same person or if a security vulnerability is detected regarding the credit card used in the order before the delivery of the product to the BUYER, the SELLER may request the identity and contact information of the credit cardholder, the statement of the credit card for the previous month, or a letter from the cardholder’s bank confirming that the credit card belongs to them. The order will be frozen until the requested information/documents are provided by the BUYER, and if these requests are not met within 24 hours, the SELLER has the right to cancel the order.
9.12. Accuracy of Information
The BUYER declares and undertakes that the personal and other information they provide while registering on the SELLER’s website is accurate and that they will immediately compensate for all damages incurred by the SELLER due to the inaccuracy of this information, in cash and in full, upon the SELLER’s first notice.
9.13. Compliance with Legal Regulations
The BUYER accepts and undertakes to comply with legal regulations and not to violate them while using the SELLER’s website. Otherwise, all legal and criminal liabilities that may arise will be binding on the BUYER entirely and exclusively.
9.14. Prohibited Uses
The BUYER may not use the SELLER’s website in a way that disrupts public order, violates general morality, harasses or disturbs others, is contrary to the law, or infringes on the material and moral rights of others. Also, the BUYER cannot engage in activities that prevent or hinder other users from using the services (spam, viruses, trojan horses, etc.).
9.15. Third-Party Websites and Content
Links to other websites and/or content that are not under the control of the SELLER and/or owned or operated by third parties may be provided on the SELLER’s website. These links are placed to facilitate navigation for the BUYER and do not support any website or person operating the site, nor do they carry any warranty regarding the information contained on the linked websites.
9.16. Liability for Breach of Terms
The member who violates one or more of the provisions stated in this agreement shall be personally liable for any legal and criminal consequences resulting from such violations and shall indemnify the SELLER from any legal and criminal consequences of these violations. Furthermore, in case the violation is referred to the legal field, the SELLER reserves the right to claim damages from the member due to non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. In the case of a distance contract for the sale of goods, the BUYER may exercise the right of withdrawal without any legal or criminal liability and without giving any reason, by refusing the product within 14 (fourteen) days from the date of delivery to the BUYER or to the person/organization at the address indicated, provided that the SELLER is informed. For distance contracts related to the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the consumer’s consent before the expiration of the right of withdrawal period. The expenses arising from the use of the right of withdrawal belong to the SELLER. The BUYER accepts in advance that they have been informed about the right of withdrawal by accepting this contract.
10.2. Conditions for Using the Right of Withdrawal
To exercise the right of withdrawal, it is necessary to notify the SELLER in writing within the 14 (fourteen) day period by registered mail, fax, or email and that the product has not been used within the scope of the provisions of “Products that Cannot be Withdrawn” regulated in this contract. In the event of using this right; a) The invoice of the product delivered to the third party or the BUYER (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution. Order returns with invoices issued to the institutions will not be completed unless the RETURN INVOICE is issued.) b) Return form, c) The product to be returned must be delivered complete and undamaged, with its box, packaging, and standard accessories, if any. d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within at most 10 days from the date the withdrawal notice is received and to take back the goods within 20 days. e) If the value of the goods decreases or the return becomes impossible due to a reason attributable to the BUYER’s fault, the BUYER is obliged to compensate the SELLER’s damages at the rate of their fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the goods or products during the right of withdrawal period. f) If the campaign limit amount set by the SELLER is decreased due to the use of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.
11. PRODUCTS THAT CANNOT BE WITHDRAWN
Products that are prepared in line with the BUYER’s request or personal needs and that are not suitable for return, such as underwear, swimsuit bottoms, makeup materials, disposable products, products that are at risk of rapid deterioration, or those that may expire, products that are not suitable for health and hygiene reasons if their packaging is opened by the BUYER after delivery, products that are mixed with other products after delivery and cannot be separated due to their nature, goods related to periodicals such as newspapers and magazines other than those provided within the subscription agreement, services performed instantly in electronic media or intangible goods delivered instantly to the consumer, audio or video recordings, books, digital content, software programs, data recording and storage devices, computer consumables, and return of the packaging opened by the BUYER is not possible according to the Regulation. In addition, it is not possible to use the right of withdrawal for services started with the consumer’s consent before the right of withdrawal period expires. Cosmetic and personal care products, underwear, swimwear, books, copyable software and programs, DVDs, VCDs, CDs, and cassettes, as well as stationery supplies (toner, cartridge, ribbon, etc.), must have their packaging unopened, not tested, not damaged, and not used in order to be returned.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on the payment transactions made with a credit card, they accept, declare, and undertake to pay interest in accordance with the credit card agreement between them and the cardholder bank and to be liable to the bank. In this case, the bank may resort to legal remedies; request the expenses and attorney’s fees from the BUYER, and under all circumstances, the BUYER, in the event of default due to their debt, accepts, declares, and undertakes to pay the damages and losses incurred by the SELLER due to delayed performance of the debt.
13. AUTHORIZED COURT
In disputes arising from this contract, complaints and objections shall be made to the consumer arbitration board or consumer court located in the residence of the consumer or in the place where the consumer transaction is made, within the monetary limits specified in the following legislation. Information on monetary limits is as follows: As of 28/05/2014: a) For disputes with a value below 2,000.00 TL (two thousand), district consumer arbitration boards, b) For disputes with a value below 3,000.00 TL (three thousand), provincial consumer arbitration boards, c) For disputes with a value between 2,000.00 TL (two thousand) and 3,000.00 TL (three thousand) in provinces with metropolitan status, provincial consumer arbitration boards shall be applied. This Agreement is made for commercial purposes.
14. EFFECTIVENESS
The BUYER is considered to have accepted all the terms of this contract when they make the payment for the order placed on the Site. The SELLER is obliged to make the necessary software arrangements to receive confirmation that this contract has been read and accepted by the BUYER on the site before the order is realized.