DISTANCE SALES AGREEMENT

ARTICLE 1 - SUBJECT OF THE CONTRACT AND THE PARTIES      

1.1 This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumer No 6502 and Regulation on Distance Contracts related to the sale and delivery of the products specified in the following qualifications and sales price, which the BUYER has ordered in electronic environment through the SELLER website.

The prices listed and announced on the website are the selling prices. The advertised prices and promises are valid until updated and modified. The prices announced on a regular basis are valid until the end of the specified period.

1.2. SELLER INFORMATION

Name: OTAKU HOMES DEKORASYON TİCARET LİMİTED ŞİRKETİ

Address: Yenibosna Merkez Mah. Çınar Cad. Güneşli Matbaa

No:4 İç Kapı No:Z25 BAHÇELİEVLER/İSTANBUL

E-posta: info@otakuhomes.com

Customer Services: +905326514658

1.3. BUYER INFORMATION

Name surname / Title: 

Delivery Address: 

Telephone: 

E-mail: 

ARTICLE 2 – DATE OF CONTRACT


2.1. This agreement was concluded by the parties on ……, the date when the order of the BUYER was completed on the website (www.otakuhomes.com)

ARTICLE 3 - PRODUCTS AND SERVICES SUBJECT TO CONTRACT

3.1. The details of the products and services ordered by the BUYER, the sales amounts including the taxes and information about the number are listed below. All of the products listed in the following table are hereinafter referred to as the PRODUCT.

ARTICLE 4 - DELIVERY OF PRODUCTS

4.1. The PRODUCT is delivered to the delivery address specified by the BUYER in the latest 30 (thirty) business days, packed and together with the invoice.

4.2.In the event that the fulfilling the act of the goods or services subject to the order becomes impossible, the SELLER notifies the BUYER within 3(three) days from the date of learning of this situation and returns all payments collected, including the shipping costs. Non-existence of the goods in stock is not considered impossibility of fulfilling the act of goods.

4.3. If the PRODUCT is to be delivered to another person / organization than the BUYER, and if the person / organization does not accept the delivery the SELLER shall not be held liable.

4.4. The SELLER is liable for the losses and damages to occur until the delivery of the PRODUCT to the BUYER or a third party to be designated by the BUYER. In case the BUYER requests for the shipment of the PRODUCT through a carrier other than the carrier designated by the SELLER, the SELLER is not responsible for the losses or damages that may occur as of the delivery of the PRODUCT to the carrier designated by the SELLER.

4.5. The BUYER is responsible for checking the PRODUCT at the time of receipt and when he/she sees a problem arising from the cargo in the PRODUCT, not accepting the PRODUCT and getting the courier company officer take a statement down. Otherwise, the SELLER shall not accept any liability.

4.6. Shipping and customs expenses are not included in the PRODUCT prices. For the deliveries to be made outside Turkey, all shipping  and customs expenses shall belong to the BUYER.

4.7.All and any type of taxes including VAT arising from the sale of PRODUCT shall belong to the BUYER.

4.8. The SELLER is not liable for the delays to occur due to the customs rules in the country to which the purchased PRODUCT was imported.

ARTICLE 5 - PAYMENT METHOD

5.1. The BUYER accepts, declares and undertakes that, since forward sales can be made only by credit cards of banks, the BUYER shall confirm the relevant interest rates, default interest and relevant information; and provisions regarding the interest rate and default interest will be applied within the scope of the credit card agreement between the BANK and the BUYER pursuant to the provisions of regulations in force.

ARTICLE 6 - GENERAL PROVISIONS

6.1. The BUYER agrees that he/she read and is aware of the preliminary information regarding the basic qualifications, sales price and payment method and delivery of the PRODUCTS shown in the website, have read and informed the basic qualifications, sales price and payment method and the preliminary information about the delivery and gave the necessary confirmation for the sale in the electronic environment.

6.2. By confirming this agreement in electronic environment, the BUYER confirms that he/she has accurately and completely obtained the address, basic features of the PRODUCTS ordered, PRODUCT prices including tax, payment and delivery information and information about the right of withdrawal.

6.3. The SELLER is responsible for delivering the PRODUCT subject to the contract in a sound, complete manner, in accordance with the specifications specified in the order.

6.4. In case the Bank / financing institution to which the credit card is used belongs does not pay the PRODUCT price to the SELLER for any reason after the delivery of the PRODUCT, the PRODUCT shall be returned to the SELLER by the BUYER at the latest within 3 (three) days, and all expenses shall be borne by the BUYER. All other contractual and statutory rights of the SELLER, including the follow-up of the PRODUCT price, shall be reserved in any.

ARTICLE 7- THE RIGHT OF WITHDRAWAL


7.1. In distance contracts about sales of goods, the BUYER has the right to withdraw within 14 (fourteen) days from the day the order was delivered ( the date provided by the shipping service) without showing any excuses and paying any penal clause.

7.2. It is obligatory that for the exercise of the right of withdrawal, notification should be made by the BUYER to the SELLER to its following electronic mail address within the referred period of time or a written notification should be made, and the PRODUCT should not have been used within the framework of the provisions of the relevant article and its package should not have been opened. In case of the exercise of such right, it is obligatory to return the copy of the courier delivery report substantiating that the PRODUCT delivered to the BUYER or third party has been sent to the SELLER as well as the original invoice. 

7.3. In the event that the BUYER uses his/her right of withdrawal, the SELLER is obliged to return the total amount received and negotiable instruments putting the consumer under debt and all kinds of similar documents within 14 (fourteen) days from the date the withdrawal notification is delivered to him/her without any charge. 

7.4. If the BUYER uses the right of withdrawal, he/she shall not be liable to pay the expenses related to the return if he/she returns the goods through the courier specified for return in the preliminary information. In the event that the SELLER does not specify any courier for the return in the preliminary information, no cost can be demanded from the BUYER.

7.5. As stated in the 1st paragraph of Article 15 of the Regulation on Distance Contracts, the BUYER do not have the right of withdrawal in the products which are specially prepared for the person.  the PURCHASER cannot exercise right of withdrawal in respect of products that are perishable by nature or products whose use age has passed and products related to food products, or, out of the products whose protective elements such as package, tape, seal, packing have been opened, the products whose return is not convenient in respect of health and hygiene. The carrier prescribed within the scope of right of withdrawal is DHL.

7.6. The orders in the "Delivered to Courier" phase cannot be canceled at the cargo delivery stage. 


ARTICLE 8- EVIDENCE AGREEMENT AND AUTHORIZED COURT

8.1. Exclusively Turkish Law shall apply to the settlement of all and any kind of disputes arising from international sales. Istanbul Central Courts and Enforcement Offices shall have jurisdiction for the settlement of disputes.

8.2. The BUYER declares, accepts and undertakes that he / she has read all the conditions and explanations written in this Contract and the Order Form constituting its integral part, has received, examined and accepted the sales terms and all other preliminary information.