1. Parties
This Distance Sales Agreement (the "Agreement") is concluded electronically between the SELLER, whose details are provided below, and the BUYER placing an order through the website.
SELLER
Title: ANATOLİ TASARIM DEKORASYON HEDİYELİK EŞYA SAN. TİC. A.Ş.
Address: Levazım Mah. Vadi Cad. Zorlu Center No:2/154 Beşiktaş / İstanbul / Türkiye
Phone: +90 (212) 320 82 04 / 05
E-mail: info@anatolihome.com
MERSİS No: 0068091975800014
Tax Office / Tax ID No: Beşiktaş - 0680919758
Registered Electronic Mail (KEP) Address: anatolitasarim@hs01.kep.tr
BUYER
Name Surname / Title: [Information declared at the time of ordering]
Address: [Delivery / billing address declared at the time of ordering]
Phone: [Phone number declared at the time of ordering]
E-mail: [E-mail address declared at the time of ordering]
By confirming the order, the BUYER accepts that all information contained in this agreement is accurate and belongs to the BUYER.
2. Subject of the Agreement
The subject of this Agreement is the determination of the rights and obligations of the parties in relation to the sale and delivery of the product or products ordered electronically by the BUYER through the SELLER's website, the specifications and sales price of which are stated in the order summary. This Agreement has been drawn up in accordance with the provisions of the Turkish Consumer Protection Law No. 6502 and the Regulation on Distance Contracts.
3. Product(s) Subject to the Agreement and Price
The following details of the product or products:
type and kind,
quantity,
brand / model,
color / variant,
sales price,
discount amount, if any,
shipping / delivery cost,
payment method
form an integral part of this Agreement as they appear in the order summary, preliminary information form, invoice and/or order confirmation screen shown to the BUYER at the completion of the order.
4. Formation and Entry into Force of the Agreement
The BUYER accepts that, before completing the order on the website, they have read and accepted the Preliminary Information Form and this Distance Sales Agreement presented to them, and that they are aware that they will assume a payment obligation upon confirming the order. The Agreement is concluded upon the BUYER's electronic confirmation. The preliminary information and the content of the agreement are additionally delivered to the BUYER via a durable data storage medium or made available for the BUYER's access.
5. Delivery and Performance
The goods ordered shall be delivered to the BUYER or to a third party designated by the BUYER within the committed period from the date the order reaches the SELLER, taking into account stock availability and operational processes. Unless otherwise agreed, the delivery period shall in no case exceed 30 days.
If the performance of the goods or services subject to the Agreement becomes impossible, the SELLER shall notify the BUYER in writing or via a durable data storage medium within 3 days from the date it becomes aware of the situation, and shall refund all payments collected, including any delivery costs, to the BUYER within 14 days at the latest. The mere unavailability of stock shall not, on its own, be considered impossibility of performance.
6. Payment Method and Invoice
The BUYER shall pay the total amount of the order using one of the payment methods offered on the website. Payment may be made by credit card, debit card, wire transfer/EFT or similar methods. The invoice for the order shall be issued electronically or physically in accordance with the applicable legislation.
7. Right of Withdrawal
The BUYER has the right to withdraw within 14 days from the delivery of the product to the BUYER or to a third party designated by the BUYER in sales of goods, without providing any reason and without paying any penalty. In service contracts, this period starts from the date the contract is concluded.
The right of withdrawal cannot be exercised in respect of services whose performance has begun with the consumer's explicit approval before the expiry of the withdrawal period, or in other cases expressly listed as exceptions in the legislation.
If the consumer has not been duly informed about the right of withdrawal, the consumer is not bound by the 14-day period; this right may be exercised for up to 1 additional year after the expiry of the ordinary period. If the information is duly provided within this period, the 14-day period starts to run from the date the information is provided.
8. Exercising the Right of Withdrawal
The BUYER may exercise the right of withdrawal by a clear declaration of intent through the following communication channels:
E-mail: info@anatolihome.com
Phone: +90 (212) 320 82 04 / 05
Address: Levazım Mah. Vadi Cad. Zorlu Center No:2/154 Beşiktaş / İstanbul / Türkiye
Since the burden of proof for the withdrawal notice rests with the BUYER, it is recommended that the notice be sent by a method that can be recorded.
Unless the SELLER has offered to collect the goods itself, the BUYER is obliged to return the product to the SELLER or to a person authorized by the SELLER within 14 days from the date the withdrawal notice is submitted.
9. Return and Refund in Case of Withdrawal
Following the withdrawal notice, the SELLER shall refund all payments collected, including any delivery costs, to the BUYER within 14 days from the date the goods are delivered to the carrier specified in the preliminary information for the return. The refund shall be made in a manner consistent with the payment instrument used by the BUYER, in a single payment, and without imposing any cost or burden on the BUYER.
For returns made under the right of withdrawal, the return cost shall be borne by the SELLER when the return carrier specified in the preliminary information is used. If the specified carrier does not have a branch at the BUYER's location, the SELLER shall arrange for the product to be collected from the BUYER without demanding any additional cost.
Return carrier: Yurtiçi Kargo
Return address: Piyale Paşa Blv. Zincirlikuyu Cd. Ün İş Merkezi No:169 Kat:2 34440 Kasımpaşa, İstanbul
10. Examination of the Product and Diminished Value
Within the withdrawal period, the BUYER may examine the product in a manner consistent with its functioning, technical specifications and instructions for use. If a diminution in the value of the product occurs as a result of use exceeding the limits of this examination, the BUYER may be held responsible for it. However, the BUYER shall not be held responsible for changes resulting from the ordinary inspection and reasonable examination of the product.
11. Cases Where the Right of Withdrawal Cannot Be Exercised
Under the legislation, the right of withdrawal cannot be exercised in the following contracts:
* goods or services whose price varies depending on fluctuations in the financial markets and is not under the SELLER's control,
* products prepared in line with the consumer's wishes or personal needs,
* products that are perishable or may pass their expiry date,
* products whose return is not suitable for health and hygiene reasons because their protective elements have been opened after delivery,
* products that are mixed with other products after delivery and by their nature cannot be separated,
* books, digital content and computer consumables presented in a physical medium, provided that their packaging has been opened,
* periodicals such as newspapers and magazines, other than those provided under a subscription contract,
* services relating to accommodation, transport of goods, vehicle rental, food and beverage supply and leisure activities that must be performed on a specific date or within a specific period,
* services performed instantly in electronic form or intangible goods delivered instantly,
* services whose performance has begun with the consumer's approval before the expiry of the withdrawal period,
* movable property subject to mandatory registration and unmanned aerial vehicles subject to registration requirements,
* contracts concluded through open auctions in the form of live auctions,
* products whose installation or assembly is stated in the introduction and user manual to be carried out by the seller or authorized service, and whose installation or assembly has been carried out.
12. Defective Goods and the Consumer's Optional Rights
If the delivered product is defective, the BUYER may, pursuant to Law No. 6502, exercise one of the following rights:
* rescission of the contract,
* requesting a reduction in the sales price,
* requesting free repair,
* replacement with a defect-free equivalent.
Defects that appear within 6 months from the delivery date are, as a rule, presumed to have existed at the time of delivery. Liability for defective goods continues, as a rule, for 2 years from the delivery date; if the defect has been concealed through gross fault or fraud, no statute-of-limitations restriction applies.
13. Force Majeure
The SELLER shall not be held liable if it is unable to fulfill its obligations on time due to force majeure events beyond the parties' reasonable control, such as natural disasters, war, terrorism, strikes, serious disruptions in transport and communication infrastructure, legislative changes, decisions of competent administrative authorities and similar events. In such a case, the BUYER may request the cancellation of the order, the replacement of the product with an equivalent, or the postponement of delivery. If performance becomes completely impossible, the amounts collected shall be refunded within the periods stipulated in the legislation.
14. Evidence Agreement and Electronic Records
The parties agree that, in any disputes that may arise from this Agreement, the SELLER's commercial books and records, electronic records, database records, server logs, e-mail records and system records shall constitute evidence to the extent permitted by the legislation. This provision does not eliminate the consumer's rights of proof and application arising from mandatory legislation.
15. Resolution of Disputes
In disputes that may arise from this Agreement, the Consumer Arbitration Committees may be competent according to the monetary limits announced for the relevant year. In consumer disputes falling within the scope of mandatory mediation as a condition of litigation, an application must be made to a mediator before filing a lawsuit. The competent authority is the consumer arbitration committee or consumer court at the consumer's place of residence or at the place where the transaction was carried out.
16. Effectiveness
By confirming the order on the website, the BUYER declares that they have read, understood and accepted all provisions of this Agreement. This Agreement enters into force on the date it is confirmed electronically.
