DISTANCE SALES AGREEMENT

1. Parties

This Distance Sales Agreement ("Agreement") is established electronically between the seller, whose information is provided below, and the buyer, who places an order for products via the website.

Seller Information

Company Name: EMY Atelier Tekstil Limited Şirketi
Address: Bozkurt Mah. Dolapdere Cad. Pangaltı No: 161, Şişli/İstanbul
Email: info@emyatelier.com
Phone: +90 533 013 74 08
Tax Office / Tax ID: Şişli Tax Office / 3341325899

Buyer Information

Name Surname / Title: [Information entered during order]
Address: [Information entered during order]
Phone: [Information entered during order]
Email: [Information entered during order]

2. Subject Matter

The subject matter of this Agreement is to determine the rights and obligations of the parties regarding the sale and delivery of the product, whose characteristics and sales price are specified below, which the Buyer has ordered electronically via the Seller's website.

3. Product / Order Information Subject to the Agreement

The type, model, color, quantity, sales price, payment method, delivery address, recipient, invoice information, and shipping fee (if any) of the product or products, as they appear in the order summary and/or order confirmation screen, are an integral part of this Agreement.

4. Product Price and Payment

The total sales price of the products is the amount shown to the Buyer at the time the order is created. This amount includes VAT, shipping costs, and other legal fees related to the order, if any.

Payment is made using one of the payment methods offered on the website. The Seller is not directly responsible for technical disruptions, approval delays, or rejections caused by the payment institution or bank.

5. Establishment of the Agreement

This Agreement is deemed to be established electronically when the Buyer completes their order on the website, confirms their undertaking of the payment obligation, and the order reaches the Seller's systems. In distance contracts, it is essential that the preliminary information and the basic elements of the order are clearly presented to the consumer.

6. Delivery and Performance

The product subject to the order is delivered to the Buyer or to the person/organization at the address indicated by the Buyer as soon as possible, provided that it does not exceed the legal period and is subject to stock availability, operational intensity, delivery address, and shipping conditions.

The Seller agrees to deliver the goods subject to the order completely, in accordance with the specifications stated in the order, and with warranty certificates, usage instructions, and relevant legal documents, if any.

Delivery is primarily made to the address provided by the Buyer. The Buyer is responsible for delays or non-delivery due to incorrect, incomplete, or unsuitable address information.

7. Right of Withdrawal

In distance sales contracts, the Buyer has the right to withdraw without giving any reason and without paying any penalty, within 14 days from the date of delivery of the goods to them or to a third party indicated by them. This fundamental right is clearly stated in the consumer guide for distance contracts published by the Ministry of Trade.

To exercise the right of withdrawal, a clear notification must be made to the Seller within this period. Notification can be made via email to the following contact address:

Email: info@emyatelier.com

8. Exercising the Right of Withdrawal

If the right of withdrawal is exercised:

  • The product must be unused, undamaged, and in a resalable condition.
  • The product must be returned with all its accessories, original packaging, and labels, if any.
  • The withdrawal notification must reach the Seller within the legal period.

The Seller shall refund the total amount collected from the Buyer, in accordance with the relevant payment instrument, within the legal period from the date the withdrawal notification reaches them. Return/withdrawal processes in distance contracts are regulated within the framework of the Regulation.

9. Exceptions to the Right of Withdrawal

In accordance with the relevant legislation, the right of withdrawal may not be exercised for some products that are not suitable for return due to their nature, are perishable, are not suitable for return due to hygiene reasons, or are prepared in line with the consumer's special requests. These exceptions are regulated in the Distance Contracts Regulation.

In this context, the right of withdrawal may particularly not be exercised for the following products:

  • Products prepared in line with the consumer's special requests or personal needs
  • Products that are not suitable for return for hygiene reasons
  • Products whose packaging has been opened after delivery and are not suitable for resale
  • Goods that are mixed with other products due to their nature
  • Other products excluded from the scope of the right of withdrawal

If there is an exception to the right of withdrawal on a product basis, the Seller specifies this separately on the product page and/or in the preliminary information.

10. Return Process

In cases where the Buyer exercises their right of withdrawal or if the product is found to be defective/faulty, the return process is evaluated together with the provisions of the Return and Refund Policy published on the Seller's website.

The product to be returned must be sent as directed by the Seller. The processing time may be extended for returns sent without prior notice.

11. Defective Goods

If the delivered product turns out to be defective, the Buyer has the elective rights granted under Law No. 6502. In the case of a defective product, the consumer may request a refund, a discount proportionate to the defect, free repair, or, if possible, replacement of the product with a non-defective equivalent. These rights are regulated in Law No. 6502.

The Buyer must notify the Seller of these requests within a reasonable period from the date they learned of the defect.

12. Force Majeure

The Seller cannot be held responsible if the order cannot be fulfilled within the specified time due to force majeure events such as natural disasters, wars, epidemics, fires, transportation problems, infrastructure failures, decisions of official authorities, or extraordinary circumstances originating from internet/cargo systems, which are beyond the control of the parties.

In such cases, the Seller agrees to inform the Buyer through appropriate communication channels and, where necessary, to offer reasonable solutions such as order cancellation or refund.

13. Agreement on Evidence and Electronic Records

The parties agree that in disputes that may arise from this Agreement, the Seller's electronic records, order records, payment records, commercial ledgers, and system logs shall be considered as evidence within the framework of the relevant legislation.

14. Resolution of Disputes

Turkish law shall apply to disputes arising from this Agreement. Consumer arbitration committees and consumer courts are authorized within the limits of application under the Law on Consumer Protection.

15. Effectiveness

The Buyer declares that they have read, understood, and accepted all the terms and conditions in this Agreement by completing the order through the website. This Agreement shall enter into force on the date it is approved electronically.