DISTANCE SALES AGREEMENT

This Agreement regulates the rights and obligations of the parties regarding the sale-delivery and other matters of the products/services ("Product/Products") specified below, which the BUYER (Consumer) wishes to purchase by placing an order on the SELLER's e-commerce website https://www.goodthingsatelier.com/, including cases where the BUYER (Consumer) transacts through the application on their mobile device. After the BUYER approves this Agreement on the WEBSITE, the price and expenses of the Product(s) ordered are collected via the chosen payment method.

Article 1: PARTIES

SELLER:

Title:

Good Things Atelier Pazarlama Ltd.Şti.
(Mersis No: 0610043731700013)

Address:

Trump Tower E-Office Kuştepe Mah., Mecidiyeköy Yolu Caddesi No:12 Trump Tower Kat :4 Daire:405 İç Kapı No:221 Şişli / İstanbul

Phone:

0 549 807 43 74 (Customer Services)
 

Email:

info@goodthingsatelier.com

Bank Account:

Garanti Bankası Bebek Branch (211) Account No: 6295303

BUYER (CONSUMER):

Name, Surname/Title:

Address:

Phone:

Email: 

Article 2: SUBJECT OF THE AGREEMENT - PRODUCT, PRICE, PAYMENT, AND DELIVERY

The type and kind, quantity, brand/model/color, unit price(s) and sales price of the products (goods/services), as well as payment (collection) information and delivery information, including the delivery location specified by the BUYER, are as stated below. If the cargo company making the delivery does not have a branch at the BUYER's location, the BUYER must pick up the product from another nearby branch to be notified by the SELLER (the BUYER will be informed about this via email, SMS or phone). Other issues related to delivery are specified in Article 7 of the Agreement below.

PRODUCT

UNIT PRICE (TL)

QUANTITY

TOTAL (TL)

Brand, Product, Color, Size etc.

____ TL

_

___ TL

Total of gift voucher / Paracık / _______ used

___ TL

Order processing and shipping-cargo fees

___ TL

TOTAL ORDER PAYMENT (VAT Included)

_____ TL

Payment (Collection) Information
Payment Method-Instrument: (Credit Card / Cash or Credit Card on Delivery)
[Card Type Visa ....
Card Number....
Payment Credit Card ...
Installment/Single Payment to Credit Card.
Total Amount... ]

Delivery Information:

Name, Surname/Title:

Address:

Phone:

 Email:

 Invoice Information:

Name, Surname/Title:

Address:

 Phone:

 Email:

Article 3 - MATTERS ABOUT WHICH THE BUYER WAS INFORMED IN ADVANCE

The BUYER acknowledges and confirms that they have been informed by viewing and examining all general and special explanations on the relevant pages and sections of the WEBSITE before this Agreement is established by the BUYER's acceptance on the WEBSITE and before the BUYER enters into a purchase order and payment obligation, regarding the following matters: - The SELLER's title and contact information, as well as current identification information, - The stages of the sales process during the purchase of the Product(s) from the WEBSITE and appropriate tools-methods for correcting incorrectly entered information, - The Professional Chamber (ITO-Istanbul Chamber of Commerce) to which the SELLER belongs and the electronic communication information (Phone: 4440486, www.ito.org.tr) where information on the code of conduct prescribed by ITO for the profession can be obtained, - Privacy, data usage-processing, and electronic communication rules applicable to BUYER information applied by the SELLER, and the BUYER's permissions given to the SELLER in these matters, the BUYER's legal rights, the SELLER's rights, and the procedures for exercising the parties' rights, - Shipping restrictions prescribed by the SELLER for the Products, - Payment methods-instruments accepted by the SELLER for the Product(s) subject to the Agreement, and the main features-qualities of the Products, the total price including taxes (the total amount the BUYER will pay to the SELLER, including related expenses), - Procedures for the delivery of the Products to the BUYER and information about shipping-delivery-cargo expenses, - Other payment/collection and delivery information related to the Products, and information regarding the performance of the Agreement, the commitments-responsibilities of the parties in these matters, - Products and other goods-services for which the BUYER does not have the right of withdrawal, - In cases where the BUYER has the right of withdrawal, the conditions, period, and procedure for exercising this right, and that the BUYER will lose the right of withdrawal if it is not exercised within the period, - In Products with the right of withdrawal, if the Product is damaged or altered due to not being used in accordance with its usage instructions, ordinary functioning, or technical specifications within the withdrawal period, the BUYER's withdrawal request may not be accepted, and in any case, the BUYER will be responsible to the SELLER, and in cases accepted by the SELLER, the SELLER may deduct (offset) an amount deemed appropriate according to the said damage or alteration from the refund to the BUYER, - How the Products can be returned to the SELLER in cases where there is a right of withdrawal, and all related financial matters (including return methods, expenses, refund of the Product price, and discounts and offsets that may be made for reward points earned/used by the BUYER during the return), - If the BUYER is a legal entity, they cannot exercise "consumer rights," especially the right of withdrawal, for Products purchased for commercial or professional purposes (e.g., bulk purchases are always considered to be of this nature), - All other sales conditions included in this Agreement as per its nature, and that this Agreement, after being approved by the BUYER on the WEBSITE, will be sent to the BUYER by email and can be stored and accessed by the BUYER for the desired period, and that the SELLER can also store it for three years. - In case of disputes, the contact information where the BUYER can submit their complaints to the SELLER and that they can make legal applications to District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.

Article 4 - RIGHT OF WITHDRAWAL

The BUYER has the right to withdraw from this Agreement within fourteen (14) days from the date of receipt of the Product, without giving any reason and without paying any penalty. However, by law, there is no right of withdrawal for contracts related to the following goods/services, even if they have not been used/benefited from:

a) Goods prepared in line with the BUYER's special requests or personal needs (those customized for the individual/personal needs by making changes or additions, including special Products imported/procured from domestic or international sources based on the BUYER's order) b) Perishable goods such as cosmetics, etc., and chocolate, etc., food items, or goods whose expiry date may pass.
c) Goods such as cosmetics, swimwear, underwear products, etc., whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable for health and hygiene reasons.
d) Goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) All types of digital content products such as books, CDs, DVDs, audio and video recordings, software, etc., whose protective elements such as packaging, tape, seal, package have been opened, and computer consumables; vi) All services performed instantly in electronic environment and all types of intangible goods delivered instantly to the consumer.
f) Goods or services whose price changes due to fluctuations in financial markets and which are beyond the control of the seller/provider,
g) Periodical publications such as newspapers and magazines, excluding those provided under a subscription agreement.
h) Accommodation, goods transportation, car rental, food and beverage supply, and leisure activities for entertainment or recreation that must be performed on a specific date or period.
i) Services that began to be performed within the withdrawal period with the BUYER's approval, and
j) Other goods-services generally considered outside the scope of distance sales according to the relevant legislation, and cases where the BUYER makes purchases for commercial/professional purposes. In cases where the right of withdrawal can be exercised, the BUYER is legally responsible for changes and deteriorations that occur if the goods are not used in accordance with their operation, technical specifications, and usage instructions within the withdrawal period. Accordingly, if there is a change or deterioration due to the Product not being used in accordance with its usage instructions, technical specifications, and operation during the period until the withdrawal date, the BUYER may lose the right of withdrawal; in cases accepted by the SELLER, a deduction will be made from the refunded Product price for the change/deterioration. In cases where there is a right of withdrawal, it is sufficient for the BUYER to submit a clear notification to the SELLER (verbally/in writing to the contact addresses specified above) that they are exercising their right of withdrawal within the legal 14-day period. If this right is exercised within the period, the Product must be sent to the SELLER's address above within a maximum of ten (10) days, with the expenses borne by the BUYER. If a contracted cargo company is specified for product returns on the WEBSITE, the BUYER can send the Product from a branch within or outside their district, in which case no expense will be charged to the BUYER. In this return process, the Product's box, packaging, and standard accessories, if any, must be delivered completely and undamaged. In addition, according to tax regulations, in cases where the BUYER is legally required to issue a Return Invoice, the section related to the return specified below will be filled out and signed on the invoice to be returned with the Product. Order returns for which invoices are issued to institutions (legal entities) will not be accepted unless a Return Invoice is issued). "The address to which the product will be returned, SELLER's address / the address of the cargo company to which the return is delivered." Provided that the BUYER fulfills the requirements specified above, within 14 days from the date the withdrawal notification reaches the SELLER, the Product price and, if any, the delivery expenses of the Product to the BUYER will be refunded to the BUYER in a manner consistent with the payment instrument used to purchase the Product. The BUYER's legal rights-responsibilities after the Product's withdrawal period, and the SELLER's contractual and legal collection-offset rights, including those related to reward points, are also separately existing and valid.

ARTICLE 5 - RULES REGARDING SECURITY-CONFIDENTIALITY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS, AND INTELLECTUAL-INDUSTRIAL RIGHTS

On the WEBSITE, the confidentiality rules-policy and terms, whose current principles are stated below, apply to the protection of information, confidentiality, processing-use of information, communications, and other matters.

5.1. Necessary measures for the security of information and transactions entered by the BUYER on the WEBSITE have been taken by the SELLER within its system infrastructure, considering current technical possibilities according to the nature of the information and transaction. However, since the said information is entered from the BUYER's device, the responsibility for taking necessary precautions, including those related to viruses and similar harmful applications, to protect them on the BUYER's side and prevent access by unauthorized persons, belongs to the BUYER.

5.2. Information acquired during the BUYER's membership and purchases on the WEBSITE may be recorded, stored in printed/magnetic archives, updated when deemed necessary, shared, transferred, used, and otherwise processed by the SELLER and its successors indefinitely or for a period they foresee, for all kinds of information, advertising-promotion, sales, marketing, store card, credit card, and membership application purposes, both electronic and other commercial-social communications. This data may also be transmitted to relevant authorities and courts when legally required. The BUYER has consented and given permission for the use, sharing, processing of their existing and new personal and non-personal information within the scope mentioned above, in accordance with the legislation on the protection of personal data and e-commerce legislation, and for commercial and non-commercial electronic communications and other communications to be made to them.

5.3. The BUYER may stop data usage-processing and/or communications at any time by reaching the SELLER through the specified communication channels. According to the BUYER's explicit notification in this regard, personal data processing and/or communications to them will be stopped within the legal maximum period; furthermore, if they wish, information other than what must be legally retained and/or what is possible will be deleted from the data recording system or anonymized in a way that their identity cannot be determined. If the BUYER wishes, they can always apply to the SELLER through the communication channels above and obtain information on matters such as the processing of their personal data, the persons to whom it is transferred, correction in case of incompleteness or inaccuracy, notification of corrected information to relevant third parties, deletion or destruction of data, objection to a result against them arising from analysis by automatic systems, and compensation in case of damage due to unlawful processing of data. Such applications and requests will be fulfilled within the legal maximum periods, or they may not be accepted with a legal justification explained to them.

5.4. All intellectual and industrial rights and property rights concerning all kinds of information and content on the WEBSITE and their arrangement, revision, and partial/complete use belong to the SELLER, except for those belonging to other third parties according to the SELLER's agreement.

5.5. The SELLER reserves the right to make any changes it deems necessary regarding the above matters; these changes become effective from the moment they are announced by the SELLER on the WEBSITE or through other appropriate methods.

5.6. Other sites accessed from the WEBSITE have their own privacy-security policies and terms of use, and the SELLER is not responsible for any disputes or negative consequences that may arise.

Article 6 - GENERAL PROVISIONS

6.1. The Product subject to the contract is delivered to the BUYER or to a third party/organization at the address indicated on the WEBSITE, provided that the legal maximum period of 30 days is not exceeded, on the terms stated below. The SELLER sends and delivers the Products through the contracted cargo company for its shipments. If this cargo company does not have a branch at the BUYER's location, the BUYER must pick up the Product from another nearby branch of the cargo company, as notified by the SELLER. Products in stock are delivered to the cargo within three (3) business days at the latest from the order date. However, if there are promotional Products in the same order, the end of the promotion is awaited, and then all Products subject to the order are given to the cargo company within 3 (three) business days at the latest for delivery to the person and address notified by the CONSUMER during the order. Cargo companies deliver shipments received from the SELLER to BUYERS within an average of 3 (three) business days under normal conditions, although this may vary depending on the distance.

6.2 Generally, and unless explicitly stated otherwise, delivery costs (shipping fees, etc.) are borne by the BUYER. The SELLER may not reflect all or part of these delivery costs to the BUYER depending on the campaigns it carries out at the time of sale and whose conditions it announces on the WEBSITE.

6.3. In the event that the BUYER is not personally present at the address at the time of delivery of the products and the persons at the address do not accept the delivery, the SELLER shall be deemed to have fulfilled its performance in this regard. It is the BUYER's responsibility to contact the cargo company and track the shipment of the products if there is no one to receive the delivery at the address. If the product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered is not at the address or does not accept the delivery. In these cases, any damage caused by the BUYER's delayed receipt of the Product and the expenses incurred due to the Product waiting at the cargo company and/or the return of the cargo to the SELLER also belong to the BUYER.

6.4. The BUYER is responsible for checking the Product at the time of delivery and, if a problem caused by the cargo is observed in the Product, not accepting the Product and having a report prepared by the cargo company official. Otherwise, the SELLER will not accept responsibility.

6.5. Unless otherwise agreed in writing by the SELLER, the BUYER must have paid the full price of the Product before receiving it. In cash sales, if the Product price is not fully paid to the SELLER before delivery, and in installment sales, if the due installment amount is not paid, the SELLER may unilaterally cancel the contract and not deliver the Product. If, for any reason after product delivery, the Bank/financial institution to which the credit card used for the transaction belongs does not pay the Product price to the SELLER or demands a refund of the paid amount, the Product shall be returned to the SELLER by the BUYER within 3 days at the latest. If the non-payment of the Product price results from a fault or negligence of the BUYER, the shipping costs shall be borne by the BUYER. All other contractual-legal rights of the SELLER, including pursuing its claim for the Product price without accepting the return, are also and in any case reserved. To avoid any doubt; in cases where the BUYER pays the sales price with a credit card, installment card, etc. obtained from banks (including financial institutions), all facilities provided by these cards are credit and/or installment payment facilities directly provided by the issuing institution; in this context, Product sales where the SELLER collects the price in full or in installments are not credit or installment sales for the parties to this Agreement, but cash sales. The SELLER's legal rights in cases considered as installment sales by law (including the right to terminate the contract in case of non-payment of installments and/or to demand payment of the entire remaining debt together with default interest) are existing and reserved within the framework of the relevant legislation. In case of the BUYER's default, default interest at the monthly rate as stipulated by the applicable laws shall be applied.

6.6. If the Product cannot be delivered within the legal maximum period of 30 days due to extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquake, flood, fire) other than normal sales/delivery conditions, the SELLER will inform the BUYER about the delivery. In this case, the BUYER may cancel the order, order a similar product, or wait until the extraordinary situation ends.

6.7. If the SELLER determines that it cannot supply the Product subject to the Agreement, it may supply another good/service of equal quality and price, provided that it informs the BUYER explicitly by legal means within three (3) days from the date it learns of this situation and obtains verbal/written approval, and in this way, it shall be deemed to have fulfilled its commitment under the Agreement. The BUYER is free in all respects to give or not to give such approval, and in cases where approval is not given, the contractual-legal provisions regarding order cancellation (termination of the Agreement) shall apply.

6.8. In the event of order cancellations, including cancellations in accordance with the contract-law, and contract terminations, if the Product price has been collected, it will be refunded to the BUYER within a maximum of 14 days. The requirements of the following rule are reserved. The refund will be made in a manner consistent with the payment instrument used by the BUYER for the payment of the Product price to the SELLER. For example, in credit card payments, the refund process will also be made by returning the amount to the BUYER's credit card, and the Product amount will be refunded to the relevant bank within the same period after the order is cancelled by the BUYER; the BUYER accepts in advance that the SELLER cannot intervene in any way and assume responsibility for possible delays, as the reflection of this amount to the BUYER's accounts after the SELLER has made the refund to the bank is entirely related to the bank's processing period (banks' processing of refunds to the BUYER's account can often take up to three weeks). The SELLER has and reserves the right to set-off, discount and deduct for the amount to be refunded, arising from this Contract and the law. The BUYER's legal rights in cases where the Contract is terminated by the BUYER due to the SELLER's non-performance are also reserved and available.

6.9. The BUYER may notify the SELLER verbally or in writing of their requests and complaints regarding the Product and the sale, by contacting the SELLER's communication channels specified in the introduction of the Contract.

6.10. Some of the matters written in Article 3 above may not be included in this Contract due to their nature; however, they are included in the Preliminary Information seen/approved by the BUYER on the WEBSITE, as well as in the information pages/sections of the WEBSITE -- according to the sales stages or general information.

6.11. The BUYER can access and review the said Information and this Contract at any time by saving and storing the said email on their device, as they are sent to the email address provided by the BUYER after acceptance. On the other hand, they are kept in the SELLER's systems for three years.

6.12. In the resolution of any disputes arising from this Contract and/or its implementation, the SELLER's records (including records in magnetic media such as computer-audio recordings) shall constitute evidence; the parties' rights arising from the relevant mandatory legal regulations in this regard are valid and reserved.

Article 7 - BUYER'S LEGAL REMEDIES - AUTHORIZED JUDICIAL AUTHORITIES

In disputes that may arise from this Contract, District and Provincial Consumer Arbitration Committees are authorized within the monetary limits determined and announced annually by the Ministry of Customs and Trade as required by law, and Consumer Courts are authorized in cases exceeding these limits. In this context, the BUYER may apply to the Arbitration Committees and Consumer Courts at their place of residence (domicile) or, if they wish, at the SELLER's place of residence. The BUYER accepts and declares that they have read all the conditions and explanations written in this Contract and in the order-contract preliminary information (on the WEBSITE) which forms an integral part of this Contract, that they have prior knowledge of all matters written in Article 3 of this Contract, including the basic characteristics-qualities, sales price, payment method, delivery conditions of the Product/Products subject to sale, all other preliminary information-information regarding the SELLER and the Product subject to sale, and the right of withdrawal, and the conditions for personal information-electronic communication and reward points, that they have seen all of these electronically on the WEBSITE, and that they have ordered the Product and accepted the provisions of this Contract by giving confirmation-approval-acceptance-permission electronically for all of these. Both the said preliminary information and this Contract are also sent to the above electronic mail (email) address notified by the BUYER to the SELLER, and the confirmation of the order receipt is also included in the said electronic mail together with the order summary.