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Distance Sales Agreement

 

1. PARTIES AND DEFINITIONS 

This Distance Sales Agreement (hereinafter referred to as the “Agreement”) is executed between the parties under the terms and conditions specified below. 

• The user registered in the system (hereinafter referred to as the “BUYER”) 
• Alıcıbul Bilgi Teknolojileri Pazarlama ve Ticaret Anonim Şirketi (hereinafter referred to as the “SELLER”)

Buyer Information:

Name
Surname
Title
Address
Telephone
E-Mail

Seller Information:

Commercial Title
Mersis No
Kep Address
Telephone
E-Mail

By accepting this Agreement, the BUYER acknowledges and agrees in advance that if they approve the order subject to this Agreement, they will be obliged to pay the order amount and any additional fees specified, such as shipping costs and taxes, and that they have been informed accordingly. The BUYER and the SELLER, whose details are provided above, will be collectively referred to as the “Parties”.

DEFINITIONS

BUYER: Refers to the natural or legal persons who, by accepting the terms of this Agreement and the rules and prohibitions on the site, benefit from one or more of the services offered by the SELLER via remote communication tools in exchange for a fee, and who purchase the product(s) (“Product or Products”) offered by the SELLER in accordance with legal regulations using any method and technique prescribed by the SELLER via remote communication tools.

SERVICE: Refers to any consumer transaction other than the supply of goods, which is performed or committed to be performed in exchange for a fee or benefit.

SITE: Refers to the web page with the URL https://www.carstudio.ai.

SELLER: Refers to the legal/natural person who sells the Product or Products offered via remote communication tools.

LAW: Refers to the Law No. 6502 on the Protection of Consumers.

CONSUMER: Refers to the natural or legal person acting for purposes that are not commercial or professional.

2. SUBJECT AND SCOPE OF THE AGREEMENT

2.1 This Agreement regulates the rights and obligations of the Parties regarding the sale and delivery of the Product or Products specified below that the BUYER wishes to purchase from the SELLER, as well as other related matters. The BUYER is deemed to have accepted this Agreement by accepting it on the website or by a statement of acceptance upon request.

2.2 This Agreement is drawn up in accordance with Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts. In this context, the Parties acknowledge and declare that they are aware of and understand their obligations and responsibilities arising from the Law on the Protection of Consumers and the Regulation on Distance Contracts. This Agreement will not prevent the execution of the provisions of the agreements separately executed with the SELLER and their annexes.

3. DECLARATIONS AND COMMITMENTS OF THE BUYER

3.1 Individuals must be over the age of 18 to be a BUYER. By accepting this Agreement electronically, the BUYER confirms that they are over 18 years of age. Those acting on behalf of a legal entity must have the authority to represent and manage the company. The BUYER acknowledges, declares, and commits that the SELLER is not obligated to verify the accuracy of this information and that all the information and documents provided to the SELLER are accurate. In cases of violation of this clause, the individual or legal entity making the payment will assume the status of the BUYER.

3.2 The BUYER declares that they have read and understood the preliminary information uploaded by the SELLER regarding the basic characteristics, presentation, pricing, and payment methods of the Product or Products subject to this Agreement on the website, as well as the cancellation, return, and withdrawal policies, and that they have given the necessary confirmation electronically. The BUYER may convey their requests and complaints as a consumer to the SELLER’s contact information provided above. By confirming this Agreement and the preliminary information form electronically, the BUYER also confirms that they have accurately and completely received the address, the main features of the Product or Products, the price of the Product or Products including taxes, and the payment information that must be provided by the SELLER to the BUYER before the execution of distance contracts.

3.3 This Distance Sales Agreement becomes effective as of the moment the BUYER approves it on the SITE. By electronically approving this Agreement and other related contracts, the BUYER acknowledges, declares, and commits to accepting the following points:

• They have been informed about the SELLER’s title, contact information, and current promotional information.
• Appropriate tools and methods for correcting incorrectly entered information during the purchase process of the Product or Products have been provided.
• They have been informed about the privacy, data usage-processing policies, and electronic communication rules applied by the SELLER for BUYER information, as well as the permissions the BUYER has given to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER, and the methods for exercising the rights of both parties.
• They have been informed about the shipping restrictions envisaged by the SELLER for the Products.
• They have been informed about the payment methods and tools accepted by the SELLER for the Product or Products subject to the Agreement, as well as the basic features and characteristics of the Products, and the total price including taxes.
• They have been informed about the procedures for the delivery of the Product or Products to the BUYER, and the transportation, delivery, and shipping costs.
• They have been informed about other payment/collection and delivery information related to the Products, as well as the performance of the Agreement and the commitments and responsibilities of the parties in these matters.
• They have been informed about the Products and other goods-services for which the BUYER does not have the right of withdrawal.
• They have been informed about the conditions, duration, and procedure for exercising the right of withdrawal in cases where the BUYER has this right, and that the BUYER will lose the right of withdrawal if it is not exercised within the specified period.
• They have been informed about privacy, the protection of personal data, and commercial electronic communications, and that if they give consent, their personal data may be processed and commercial electronic communications may be sent by the SELLER.
• They have been informed that for Products with a right of withdrawal, if the Product is damaged or altered due to non-compliance with the usage instructions, ordinary operation, or technical specifications within the withdrawal period, the BUYER’s withdrawal request may be rejected, and in any case, the BUYER will be responsible to the SELLER. If the SELLER accepts the withdrawal, the BUYER has been informed that the SELLER may deduct an amount deemed appropriate for the damage or alteration from the refund to the BUYER.
• They have been informed about how the Product or Products can be returned to the SELLER in cases where there is a right of withdrawal and all related financial matters (methods of return, costs, and the refund of the Product price, as well as any reward points, gift vouchers, free products, and other free/discounted benefits gained/used by the BUYER during the return process).
• They have been informed that if the BUYER is a legal entity, they cannot exercise “consumer rights” (including the right of withdrawal) for Products purchased for commercial or professional purposes (for example, bulk purchases are considered to be of this nature).
• They have been informed that, in accordance with the nature of the Agreement and all other sales terms contained within, after the BUYER approves this Agreement on the SITE, it will be sent to the BUYER via email and can be stored and accessed from there for the period desired by the BUYER, and that the SELLER may also retain it for a period of three years.
• They have been informed that in case of disputes, the BUYER can communicate their complaints to the SELLER using the contact information provided, and that they can make legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of the Law No. 6502.

4. SERVICE, PRICE, PAYMENT INFORMATION SUBJECT TO THE AGREEMENT

4.1 The essential characteristics of the goods or services are available at lumiyard.net. The advertised prices or offers are valid until they are updated or changed. The prices announced for a limited time under a promotion are valid until the end of the specified period.

4.2 The BUYER acknowledges, declares, and accepts that they are informed about all information regarding the SELLER’s name, title, physical address, telephone, and other contact information, the essential characteristics of the Product or Products subject to the Agreement, the sales price including taxes, the payment method, the place of performance, the conditions of performance, and all preliminary information and the right of withdrawal concerning the Product or Products, and that they have confirmed this preliminary information electronically and subsequently purchased the Product or Products in accordance with the provisions of this Agreement. The preliminary information provided to the BUYER or available on the website and the invoice are integral parts of this Agreement. This Agreement is deemed to be established and the BUYER is considered to have accepted all its terms once the price of the Product is paid.

5. DELIVERY OF SERVICES SUBJECT TO THE AGREEMENT

5.1 DELIVERY OF THE PRODUCT AND METHOD OF DELIVERY 

The SELLER is not responsible for damages and expenses arising from the late delivery or non-delivery of the product by the BUYER. For the delivery of the product subject to the Agreement, it is required that a signed copy of this Agreement has been delivered to the SELLER and the price has been paid by the BUYER in the chosen payment method. If for any reason the product price is not paid or is canceled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product.

5.2 RESPONSIBILITY FOR DELIVERY 

The BUYER confirms that they have correctly and completely received the information regarding the essential characteristics of the Product or Products, the price of the Product or Products including taxes, and the payment and delivery details, including the delivery price.

6. PAYMENT AND RETURN OF PRODUCT OR PRODUCTS

6.1 Unless otherwise stipulated by the SELLER, the BUYER must pay the full price before the Product or Products are provided. In case of cash sales, if the total price is not fully paid to the SELLER before the delivery of the Product or Products, or in case of installment sales, if the due installment amount is not paid, the SELLER may unilaterally terminate the Agreement and refrain from providing the Product or Products. If the price of the Product or Products is not paid by the BUYER or the payment made is canceled in the bank records, or if force majeure events occur, the SELLER is deemed to be released from the obligation to deliver the Product or Products. In case returned Product or Products used coupons, discounts, or promotions, these amounts will be deducted from the refund. If it becomes impossible to fulfill the obligation of delivering the ordered Product or Products, the SELLER will inform the BUYER within 3 (three) days from the date of learning of this situation and will refund all payments collected, including delivery costs if any, within 14 (fourteen) days from the date of notification. The SELLER may, with the verbal/written consent of the BUYER, provide another product of equal quality and price.

6.2 If the BUYER pays the sales price using a credit card, installment card, etc., all the facilities provided by these cards are limited to the credit and/or installment payment facilities provided by the card issuer. Therefore, the sales of the Product or Products, for which the SELLER has collected the price in lump sum or in installments, are considered cash sales between the parties of this Agreement. The SELLER’s legal rights in cases considered as installment sales are reserved. In case of default by the BUYER, a default interest rate will be applied monthly as stipulated by the applicable laws.

6.3 If the BUYER makes the payment for the Product or Products by depositing it into an account in such a way that the IBAN number cannot be determined, either through a bank’s ATM device or branch, the BUYER agrees and undertakes to provide their own IBAN number correctly and completely to the SELLER for use in cases where the price of the Product or Products needs to be refunded to the BUYER in accordance with this Agreement, and consents to the refund being made to the provided IBAN number by the SELLER.

7. RIGHT OF WITHDRAWAL

7.1 It is not possible to exercise the right of withdrawal for services that have begun with the consumer’s consent before the withdrawal period has expired, in accordance with the relevant regulations. Additionally, it is not possible to return services performed instantly in an electronic environment, intangible goods delivered instantly to the consumer, audio or video recordings, books, digital content, software programs, data recording and storage devices, or computer consumables if their packaging has been opened by the BUYER, in accordance with the relevant legislation. In the case of appraisal or secure delivery services provided by the SELLER, the BUYER may only exercise the right of withdrawal within 14 (fourteen) days provided they do not benefit from or approve these services. The BUYER cannot request the right of withdrawal from the SELLER in cases where the 14 (fourteen) days have passed or the service has been used. If the purchased item is a service, this 14 (fourteen) day period starts from the date the Agreement is established. The right of withdrawal cannot be used in agreements for services that have begun with the consumer’s consent before the withdrawal period has expired.

7.2 The right of withdrawal is only valid for natural persons who qualify as consumers and cannot be used in commercial transactions made on behalf of a company. This 14 (fourteen) day period starts from the day the consumer receives the goods in contracts related to the sale of goods, and from the day the contract is concluded in other agreements. To exercise the right of withdrawal, the BUYER must notify the SELLER by sending the “Withdrawal Form” via the contact details provided below within this period, provided that the Product or Products have been used in accordance with their technical specifications and usage instructions, and without causing any damage or wear.

After the SELLER receives the BUYER’s withdrawal notification, the SELLER will share a confirmation of receipt with the BUYER and will refund the price of the Product or Products in the manner of payment used by the BUYER within 14 (fourteen) days from the date of receipt of the withdrawal notification, provided that the Product or Products are not damaged, worn, or used.

7.3 Within the scope of the right of withdrawal, the Product or Products to be returned must be sent back complete and undamaged, including their box, packaging, standard accessories, and any other items that were gifted with the Product or Products. The original invoice, which was presented to the BUYER at the time of delivery of the Product or Products, must also be returned by the BUYER when returning the Product or Products to the SELLER. The Product or Products subject to the BUYER’s withdrawal notification, along with the original invoice, must be returned to the SELLER via the shipping company through which the order was delivered, without any shipping cost to be paid by the BUYER. The SELLER has the right to refuse the return of the Product or Products if the BUYER sends them with shipping costs that the BUYER is obligated to pay imposed on the SELLER.

7.4 Refund of Payment If the price of the Product or Products has been collected, in cases of withdrawal in accordance with the legislation and contract terminations, the paid amount will be refunded to the BUYER within 14 (fourteen) days, provided that the conditions in compliance with the terms of the Agreement are met. The refund will be made in accordance with the payment method used by the BUYER when paying for the Product or Products. In credit card payments, the refund will be made by way of crediting the BUYER’s credit card. The price of the Product or Products will be refunded to the relevant bank within the same period following the cancellation of the order by the BUYER. The transfer of the refunded amount to the BUYER’s accounts after the refund is made to the bank by the SELLER is related to the bank’s processing time, and the SELLER is not responsible for possible delays. The SELLER reserves the right of set-off and deduction for the refundable amount, as per this Agreement and the law. The BUYER’s legal rights in cases where the Agreement is terminated by the BUYER due to the SELLER’s non-performance of its obligations are also reserved and valid.

7.5 Credit Card Refund Procedure In cases where the BUYER exercises the right of withdrawal or the product subject to the order cannot be supplied for various reasons or in cases where the Consumer Arbitration Committee decides to refund the BUYER, if the purchase was made by credit card and in installments, the credit card refund procedure is as follows: If the BUYER purchased the Product or Products in installments, the Bank will make the repayment to the BUYER in installments. After the SELLER pays the total amount of the Product or Products to the bank in a single payment, in the case of a refund to the BUYER’s credit card, the Bank transfers the requested refund amounts to the account of the credit card holder in installments. If the return date and the card’s account statement dates do not coincide, the installments paid by the BUYER until the cancellation of the sale will be reflected on the card as one refund per month, and after the installments of the sale are completed, the installments paid before the refund will continue for the same number of months, and the existing debts will be deducted from the amounts.

7.6 Non-Returnable Products According to Article 15 of the Regulation on Distance Contracts published in the Official Gazette No. 29188 dated 27/11/2014, the BUYER cannot exercise the right of withdrawal in the following cases:

• Contracts for goods or services whose prices vary depending on fluctuations in the financial markets and are not under the control of the SELLER.
• Contracts for goods prepared in line with the consumer’s requests or personal needs.
• Contracts for the delivery of goods that are perishable or may expire quickly.
• Contracts for the delivery of goods that are not suitable for return for health or hygiene reasons if their packaging, tape, seal, or package has been opened after delivery.
• Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
• Contracts for goods such as books, digital content, and computer consumables provided in a physical medium if their protective elements such as packaging, tape, seal, or package have been opened after delivery.
• Contracts for the delivery of periodicals such as newspapers and magazines, except those provided under a subscription agreement.
• Contracts for services related to accommodation, transportation of goods, car rental, supply of food and beverages, and leisure activities for entertainment or rest, which must be carried out on a specific date or period.
• Contracts for services performed instantly in an electronic environment or for intangible goods delivered instantly to the consumer.
• Contracts for services that have begun with the consumer’s consent before the withdrawal period has expired.

If the Product or Products fall into one of the categories listed above, the right of withdrawal cannot be exercised.

8. OTHER PROVISIONS

8.1 Matters not covered in this Agreement are included in the preliminary information seen/approved by the BUYER on the website and in the sales stages or information pages/sections. Since this Agreement is sent to the BUYER’s provided email address and/or permanently made available electronically, the BUYER can always access these notices and this Agreement electronically.

8.2 In the resolution of any disputes that may arise in connection with this Agreement, the records of the SELLER (including magnetic records such as computer and voice recordings) shall constitute evidence; the legal rights of the Parties arising from this matter under legal regulations remain valid and reserved.

8.3 The BUYER and the SELLER acknowledge, declare, and undertake that the correspondence addresses specified in the Parties and Definitions section of this Agreement are valid notification addresses, and that all notifications sent to these addresses will be deemed valid.

8.4 The SELLER may terminate this Agreement at any time for justified reasons if the BUYER violates the terms of this Agreement.

8.5 If any provision of this Agreement, in whole or in part, is deemed invalid within the framework of relevant legislation or by any official or judicial authority, this invalidity shall not affect the validity of the other provisions.

8.6 The BUYER is obliged to act in accordance with the procedures specified in the Cancellation, Return, and Withdrawal Policy or the procedures stipulated by law when exercising their rights of withdrawal, cancellation, or return.

9. FORCE MAJEURE

9.1 Circumstances that develop beyond the control and will of the SELLER and that are beyond reasonable control and that prevent and/or delay the SELLER from fulfilling its obligations under this Agreement and that are not foreseeable in advance, including but not limited to; war, civil war, terrorist acts, curfews, government restrictions, natural disasters such as earthquakes, fires, floods, cyber attacks, global power outages, diseases and epidemics, locust and other animal infestations, meteor or planet collisions, alien attacks, shall be considered as force majeure.

9.2 If the SELLER cannot deliver the product subject to the agreement within the period due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation, interruption of transportation, etc., the SELLER is obliged to inform the BUYER of the situation. In this case, the BUYER may use one of the following rights: cancel the order, replace the product subject to the agreement with its equivalent if available, and/or postpone the delivery period until the obstructive situation is eliminated. If the BUYER cancels the order, the amount paid will be refunded to them in cash and in full within 10 days.

9.3 The SELLER shall not be held liable for not being able to fulfill its obligations completely or on time due to force majeure circumstances. If the force majeure condition continues uninterrupted for 30 (thirty) days, this Agreement shall automatically become null and void. However, the rights and receivables of the SELLER that accrued before the termination shall remain reserved.

10. EVENT OF DEFAULT AND LEGAL CONSEQUENCES

The BUYER acknowledges, declares, and undertakes that if they fall into default on payment transactions made with a credit card, they will pay interest within the framework of the credit card agreement between the cardholder bank and themselves, and they will be responsible to the bank. In this case, the relevant bank may resort to legal means; it may demand the costs and attorney fees from the BUYER, and in any event, if the BUYER falls into default on their debt, the BUYER accepts, declares, and undertakes that they will pay the damages and losses incurred by the SELLER due to the delayed performance of the debt.

11. COMPLAINTS AND APPLICATIONS

The BUYER may submit their complaints and objections to the consumer arbitration committee or the consumer court located in the place of residence of the consumer or where the consumer transaction is conducted, within the monetary limits specified in the law. For applications to be made to the Consumer Arbitration Committees: in provinces with metropolitan status, the district consumer arbitration committees are responsible for disputes with a value below 7,550 TL; in provinces with metropolitan status, the provincial consumer arbitration committees are responsible for disputes with a value between 7,550 TL and 11,330 TL; in the centers and affiliated districts of provinces without metropolitan status, the provincial consumer arbitration committees are responsible for disputes with a value below 11,330 TL.

12. APPLICABLE LAW AND COMPETENT COURT

Turkish Law shall be applied in the implementation, interpretation, and resolution of disputes arising from this Agreement. In the settlement of any disputes arising from or that may arise from this Agreement, the Istanbul Courts and Enforcement Offices are authorized.

SELLER BUYER
Alıcıbul Bilgi Teknolojileri Pazarlama ve Ticaret Anonim Şirketi
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