Distance Selling Conditions

Subject:

This Distance Sales Agreement (“Agreement”) outlines the rights and obligations between the individual purchasing product(s) from the website www.demagatelier.com (“BUYER”) and Arda Mağden (“SELLER”), responsible for the supply and delivery of the order placed through this website, operating at Kozyatağı Mahallesi Şakacı Sokak Durhan Apartmanı No: 64 Daire: 20 Kadıköy / İstanbul, with tax number 6100564542, in accordance with the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.

Hereinafter, the BUYER and the SELLER shall be referred to individually as a “Party” and collectively as the “Parties.”

SELLER:

  • Title: Arda Mağden
  • Address: Kozyatağı Mahallesi Şakacı Sokak Durhan Apartmanı No: 64 Daire: 20 Kadıköy / İstanbul
  • Tax Number: 6100564542
  • Contact: +90 537 740 34 52
  • Email: info@demagatelier.com

BUYER:

  • Full Name: [billing-name]
  • Address: [billing-address]
  • Phone: [phone]
  • Email: [email]

Product(s) Subject to the Agreement:

  • Product List: [product-list]
  • Shipping Fee: [shipping-fee]
  • Total Amount: [total-amount]
  • Order Number: #[order_id]
  • Payment Method: [payment-method]
  • Delivery Address: [billing-address]
  • Billing Address: [billing-address]

Right of Withdrawal:

The BUYER has the right to withdraw from this Agreement within 14 (fourteen) days from the date of delivery of the product(s) to the BUYER or the person/entity at the address indicated by the BUYER, without any legal or penal liability and without providing any justification. The costs arising from the exercise of the right of withdrawal, except for legal exceptions, shall be borne by the SELLER.

To exercise the right of withdrawal, the BUYER must notify the SELLER in writing via registered mail or email within the 14-day period, using the contact information provided in Article 2.

In case of withdrawal, the invoice of the product delivered to the BUYER or a third party must be returned. If the invoice is issued in the name of a legal entity/trader, a return invoice must be issued by the legal entity/trader. Returns without a return invoice will not be accepted.

The product(s) to be returned must be delivered complete and undamaged, along with the box, packaging, and standard accessories, if any.

The SELLER is obliged to refund the total amount received, including delivery costs, if any, to the BUYER within 14 (fourteen) days from the date of receipt of the withdrawal notification. Unless the SELLER offers to collect the goods, the BUYER must return the product(s) within 10 (ten) days from the date of the withdrawal notification, using the same shipping company that delivered the product(s).

If there is a decrease in the value of the product(s) due to the BUYER’s fault or if the return becomes impossible, the BUYER is liable to compensate the SELLER’s damages proportionally. The right of withdrawal cannot be exercised for products that are perishable, have expired, or have been opened and used in a way that affects health and hygiene.

The BUYER acknowledges that the right of withdrawal cannot be exercised in the following cases, as per Article 15 of the Regulation on Distance Contracts:

  • Products whose prices fluctuate due to financial market variations beyond the SELLER’s control.
  • Products prepared according to the BUYER’s specifications or clearly personalized.
  • Perishable goods or products with a short shelf life.
  • Products whose protective elements (packaging, seal, etc.) have been opened after delivery and cannot be returned due to health or hygiene reasons.
  • Products that are mixed with other items after delivery and cannot be separated due to their nature.
  • Services that have been fully performed with the BUYER’s prior consent before the withdrawal period expires.

Personalized or customized products, or products that are damaged, dented, broken, with missing or torn packaging or boxes, cannot be returned.

If the BUYER returns any product from an order that benefited from a promotional discount, the amount of the discount applied to the cart will be deducted from the refund amount.

Delivery of Products:

The order will be delivered to the BUYER’s address specified above, via the shipping company contracted by the SELLER, as selected by the consumer. The SELLER is responsible for delivering the product(s) within 30 (thirty) days from the date the order is received. For payments made via bank transfer/EFT, the order is considered received on the date the payment is made. If the payment is not made, this Agreement will not be binding on the SELLER.

In extraordinary circumstances (e.g., adverse weather, heavy traffic, natural disasters, curfews), if the product(s) cannot be delivered within the legal 30-day period, the SELLER will inform the BUYER. In such cases, the BUYER may choose to cancel the order, order a similar product, or wait until the extraordinary situation ends.

If the BUYER is not present at the delivery address or if the persons at the address refuse to accept the delivery, the SELLER is deemed to have fulfilled its obligation. The BUYER is responsible for contacting the shipping company to arrange for the delivery.

The BUYER may consent to the SELLER taking photographs of the delivered product(s) in the home or premises, with the explicit consent of the relevant person, for sharing on the internet or social media platforms determined by the SELLER.

General Provisions:

The product(s) subject to this Agreement will be delivered to the BUYER or the person/entity at the address indicated by the BUYER, within the legal period of 30 (thirty) days, via the shipping company contracted by the SELLER or directly by the SELLER. The SELLER delivers the product(s) through common areas of the building (entrance, elevator, stairs, etc.) and up to the apartment door. If the product(s) cannot be manually transported to the delivery address due to size or other reasons, the BUYER is responsible for the costs of using necessary equipment (e.g., crane). If the BUYER does not cover these costs, the SELLER is deemed to have fulfilled its delivery obligation, and the BUYER must collect the product(s) from the SELLER’s warehouse.

The BUYER is responsible for inspecting the product(s) upon delivery and, if any issues are detected, for not accepting the product(s) and requesting a report from the shipping company representative. Otherwise, the SELLER will not accept responsibility.

If the BUYER does not report any defects upon delivery, the product(s) are considered to be accepted without any defects. The BUYER cannot later claim any defects, except for hidden defects.

Unless otherwise agreed in writing by the SELLER, the BUYER must pay the full price of the product(s) before delivery. In case of installment sales, if the due installment is not paid, the SELLER may unilaterally cancel the Agreement and refuse to deliver the product(s).

If, after delivery, the bank or financial institution does not pay the product price to the SELLER for any reason, the BUYER must return the product(s) to the SELLER within 3 (three) days, with all costs borne by the BUYER. The SELLER reserves the right to pursue all legal remedies for the collection of the product price.

If the SELLER cannot supply the product(s) subject to the Agreement for valid reasons, the SELLER may, with the BUYER’s consent, provide another product of equal quality and price. If the BUYER does not consent, the provisions regarding order cancellation will apply.

If the BUYER requests changes or customization to the product(s) after the Agreement is concluded, these requests are subject to the SELLER’s approval and the BUYER’s payment of additional costs. Upon the SELLER’s acceptance and the BUYER’s payment, the delivery period specified in this Agreement will restart from the date of payment.

The BUYER acknowledges that they have read, understood, and accepted all information regarding the product(s), including but not limited to the main characteristics, sales price, payment method, right of withdrawal, return, and delivery, as provided in this Agreement.

The BUYER may contact the SELLER at info@demagatelier.com for any complaints. The SELLER will endeavor to address and resolve the BUYER’s complaints promptly.

Promotional Sales:

In case of any conflict between the terms of the promotional campaign announced by the SELLER and the provisions of this Agreement, the terms of the campaign will prevail.

Promotional campaigns announced by the SELLER cannot be combined with other campaigns or discount coupons.

The SELLER reserves the right to change the terms of the announced campaign or to terminate the campaign earlier than the announced period.

The BUYER acknowledges that promotional campaigns are subject to stock availability, and the SELLER is not obliged to continue the campaign if stocks are depleted.

If the BUYER returns any product from an order that benefited from a promotional discount, the amount of the discount applied to the cart will be deducted from the refund amount.

Jurisdiction:

The BUYER may submit any complaints or objections to the Consumer Arbitration Committees or Consumer Courts in the place of residence or where the purchase was made, within the monetary limits determined annually by the Ministry of Trade.

In case of any disputes arising from this Agreement, the Istanbul Anatolian Courts and Enforcement Offices shall have exclusive jurisdiction.

This Agreement is made for commercial purposes.

Enforcement:

Upon making the payment for the order placed through the Site, the BUYER is deemed to have accepted all the terms of this Agreement. The SELLER is responsible for implementing the necessary software arrangements to ensure that the BUYER has read and accepted this Agreement on the Site before the order is processed.

SELLER: Arda Mağden

BUYER:

DATE: