DISTANCE SALES CONTRACT
This Distance Sales Contract (the "Contract") has been concluded electronically between the parties identified below, in accordance with Turkish Law no. 6502 on Consumer Protection and the Regulation on Distance Contracts (published in Official Gazette no. 29188 of 27.11.2014, as amended, including the amendments of 23.08.2022). The BUYER accepts, declares and undertakes that they have read and approved this Contract and the Pre-Information Form electronically before placing the order.
ARTICLE 1 - PARTIES
1.1. SELLER
Title: Onurlu Tesbihane
Brand: Onurlu Tesbihane
Address: Emek Mah. Yunartaş Sok. No: 49/A, Odunpazarı / Eskişehir
Phone: 0531 374 28 21
E-mail: onurlutesbihane@gmail.com
Website: https://onurlutesbihane.com
Tax office: —
Tax number: —
MERSIS number: —
Trade registry number: —
(Referred to in this Contract as the "SELLER".)
1.2. BUYER
Name / title: [as entered by the BUYER when ordering]
Delivery address: [as entered by the BUYER when ordering]
Invoice address: [as entered by the BUYER when ordering]
Phone: [as entered by the BUYER when ordering]
E-mail: [as entered by the BUYER when ordering]
(Referred to in this Contract as the "BUYER".)
The SELLER and the BUYER are together referred to as the "Parties" and individually as a "Party".
ARTICLE 2 - SUBJECT OF THE CONTRACT
The subject of this Contract is the determination of the Parties' rights and obligations, pursuant to Law no. 6502 and the Regulation on Distance Contracts, in relation to the sale and delivery of the product(s) whose characteristics and sale price are stated below and in the order summary, and which the BUYER has ordered electronically through the SELLER's website at https://onurlutesbihane.com. The BUYER acknowledges having been informed, in a clear and comprehensible manner, of the essential characteristics of the product(s), the sale price including VAT, the method of payment and delivery, and of having given the necessary confirmation electronically.
ARTICLE 3 - PRODUCT SUBJECT TO THE CONTRACT
The type, quantity, brand/model, colour, unit price including VAT and total sale price of the product(s) are as shown in the order summary displayed to the BUYER on the order page and in the order confirmation. Any shipping cost is stated separately in the order summary.
Handmade products are covered by this Contract. Because of the nature of natural stone and handcraft, there may be minor differences in colour, texture, bead size and pattern between the photographs and the product delivered; such differences do not constitute a defect.
ARTICLE 4 - GENERAL PROVISIONS
4.1. The BUYER declares that they have read and understood, on the website, the essential characteristics, sale price including taxes, payment method and delivery details of the product subject to the Contract, and that they have given the necessary confirmation electronically.
4.2. The product subject to the Contract is delivered to the BUYER or to the person/organisation at the address indicated by the BUYER, within the period stated in the Pre-Information Form and in any event within the statutory maximum of 30 days.
4.3. Should the SELLER be unable to perform its obligation because the product becomes unavailable, it shall notify the BUYER in writing or by a permanent data storage device within 3 days of becoming aware of this, and shall refund the total price and any documents placing the BUYER under obligation within 14 days at the latest.
4.4. If the product is to be delivered to a person or organisation other than the BUYER, the SELLER cannot be held liable for that person's or organisation's refusal to accept delivery.
4.5. The SELLER is liable for delivering the product subject to the Contract sound, complete, in conformity with the qualities stated in the order and together with any warranty documents and user manuals, if applicable.
4.6. Before delivery, the BUYER must inspect the product and must not accept from the carrier a product that is damaged, dented, has torn packaging or is otherwise defective. A product accepted from the carrier is deemed to have been delivered undamaged. The BUYER is responsible for keeping the product safe after delivery.
ARTICLE 5 - PAYMENT
5.1. The BUYER may pay by credit/debit card or by another payment method offered on the website. Card payments are collected through PayTR, a licensed payment institution, with 3D Secure and SSL encryption. Card details are not seen or stored by the SELLER.
5.2. Where an order is confirmed over WhatsApp, the payment method and terms are agreed with the BUYER before the product is shipped.
5.3. Should the BUYER's card be used unlawfully by unauthorised persons through no fault of the BUYER, and the payment therefore not be transferred to the SELLER by the bank or financial institution, the BUYER shall return the product to the SELLER within 3 days, with the shipping cost borne by the SELLER.
ARTICLE 6 - DELIVERY
6.1. The product is delivered by courier to the address given by the BUYER, within the period stated in the Pre-Information Form.
6.2. Any shipping cost is shown in the order summary. Free-shipping conditions applicable during a campaign are stated on the product page and in the order summary.
6.3. Should delivery become impossible due to force majeure — natural disaster, epidemic, mobilisation, an official restriction, an extraordinary interruption in courier services — the SELLER shall inform the BUYER. In that case the BUYER may cancel the order, request that the product be replaced with an equivalent one, or ask for delivery to be postponed until the obstacle ends. If the order is cancelled, the amount paid is refunded within 14 days at the latest.
ARTICLE 7 - RIGHT OF WITHDRAWAL
7.1. The BUYER may withdraw from the Contract within 14 (fourteen) days from the date of delivery, without giving any reason and without paying any penalty.
7.2. To exercise the right of withdrawal, the BUYER must notify the SELLER in writing within this period, at onurlutesbihane@gmail.com or through the contact channels on the website.
7.3. Upon receipt of the withdrawal notice, the SELLER refunds the total price and any documents placing the BUYER under obligation within 14 days at the latest, and takes back the product within 20 days.
7.4. The BUYER must return the product complete, with its box, packaging and any accompanying accessories (tassel, pouch, gift box, etc.). Use beyond the ordinary inspection or trial appropriate to the nature of the product, and any resulting reduction in value, is the responsibility of the BUYER.
7.5. Products excluded from the right of withdrawal: pursuant to article 15 of the Regulation on Distance Contracts, there is no right of withdrawal for products prepared in line with the consumer's wishes or personal needs — items with name engraving, bespoke stringing to a given size, personalised production. This is stated separately on the product page before the order is placed.
ARTICLE 8 - DEFECTIVE PRODUCTS
Should the product be defective, the BUYER may exercise the optional rights set out in article 11 of Law no. 6502: withdrawing from the Contract, requesting a price reduction, requesting free repair, or requesting replacement with a non-defective equivalent. Transport costs arising from a defective product are borne by the SELLER.
ARTICLE 9 - PROTECTION OF PERSONAL DATA
The BUYER's personal data is processed under Law no. 6698 on the Protection of Personal Data, as set out in the Privacy and Data Protection Notice published on the website. Data is shared with the courier company for delivery and with PayTR for payment; it is not shared with third parties for marketing purposes.
ARTICLE 10 - PROOF AND COMPETENT COURT
10.1. In disputes arising from this Contract, the SELLER's records — books, database records, electronic records and system records — constitute conclusive evidence under article 193 of the Code of Civil Procedure.
10.2. Consumer Arbitration Committees and Consumer Courts at the BUYER's or the SELLER's place of residence are competent, up to the monetary limits announced each year by the Ministry of Trade.
ARTICLE 11 - ENTRY INTO FORCE
This Contract is concluded and enters into force when the BUYER approves it electronically and completes the order. A copy of the Contract is sent to the BUYER's e-mail address and can be viewed through the order page.