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Distance Sales Agreement

Distance Sales Agreement

1. PARTIES

This Agreement is made between the parties below under the terms and conditions stated herein.
A. "BUYER"; (hereinafter referred to as "BUYER" in this agreement)

B. "SELLER"; (hereinafter referred to as "SELLER" in this agreement)
TITLE: Emirgan Teknoloji Çözümleri San Tic Ltd Şti
ADDRESS: Büyükdere Cad No:175 Ferko Signature Building, Inner Door No:6, Şişli, Istanbul

By accepting this agreement, the BUYER acknowledges and agrees in advance that upon approving the order subject to this agreement, they undertake the obligation to pay the order price and any additional fees such as shipping and taxes.

2. DEFINITIONS

The following terms, used in the implementation and interpretation of this agreement, shall have the meanings set out below:
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),
SERVICE: Any consumer transaction other than the supply of goods for a fee or benefit,
SELLER: The company providing goods to the consumer within the scope of commercial or professional activities or acting on behalf or account of the goods provider,
BUYER: The real or legal person acquiring, using, or benefiting from a good or service for non-commercial or non-professional purposes,
SITE: The website owned by the SELLER,
ORDERER: The real or legal person requesting a good or service via the SELLER’s website,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This contract concluded between the SELLER and the BUYER,
GOODS: Movable property subject to the purchase and intangible goods prepared for electronic use such as software, sound, image, and similar.

3. SUBJECT

This Agreement regulates the rights and obligations of the parties concerning the sale and delivery of the product ordered electronically by the BUYER via the SELLER’s website, pursuant to Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.
The prices listed and announced on the website are the sale prices and remain valid until updated or changed. Prices announced for a limited time are valid until the specified end date.

4. SELLER INFORMATION

Title: Emirgan Teknoloji Çözümleri San Tic Ltd Şti
Address: Buyukdere Cad No:175 Ferko Signature Building Ic Kapi No: 6 Sisli, İstanbul, Turkey
WhatsApp Line: +90 538 216 60 76
Email: support@elysiaistanbul.com

5. BUYER INFORMATION

Recipient Name
Delivery Address
Phone
Fax
Email/Username

6. ORDERER INFORMATION

Name/Surname/Title
Address
Phone
Fax
Email/Username

7. PRODUCT(S) INFORMATION SUBJECT TO THE AGREEMENT

7.1. The basic features (type, quantity, brand/model, color, amount) of the product(s)/service subject to this agreement are published on the SELLER’s website. If a campaign is organized by the SELLER, the product features can be reviewed during the campaign period, valid until the campaign end date.

7.2. The prices listed and announced on the website are sales prices and remain valid until updated or changed. Time-limited prices are valid until the specified period ends.

7.3. The total sales price of the product or service subject to the agreement, including all taxes, is indicated below:

Product Description

Quantity

Unit Price

Subtotal (Incl. VAT)

Shipping Fee

Total:

Payment Method and Plan
Delivery Address
Recipient
Invoice Address
Order Date
Delivery Date
Delivery Method

7.4. Shipping costs will be paid by the BUYER.

8. INVOICE INFORMATION

Name/Surname/Title
Address
Phone
Fax
Email/Username
Invoice Delivery: The invoice will be delivered along with the order at the invoice address during delivery.

9. GENERAL PROVISIONS

9.1. The BUYER acknowledges, declares, and commits that they have read and understood the preliminary information on the product’s basic features, sale price, payment method, and delivery details on the SELLER’s website and have confirmed electronically. The BUYER agrees that the preliminary information has been correctly and fully received before the contract is established.

9.2. Each product subject to the agreement will be delivered to the BUYER or the person/institution indicated by the BUYER within the legally mandated 30-day period depending on the distance from the BUYER’s residence, as stated on the website. If delivery cannot be made within this time, the BUYER reserves the right to cancel the contract.

9.3. The SELLER commits to delivering the product completely, in conformity with the order specifications, with any warranty certificates, manuals, and required documents, free from defects, according to legal regulations and standards, and with due care and honesty.

9.4. The SELLER may supply a product of equal quality and price with the BUYER’s clear approval if unable to provide the originally ordered product before the performance deadline.

9.5. If fulfillment of the contract becomes impossible, the SELLER will notify the BUYER in writing within 3 days and refund the total amount within 14 days.

9.6. The BUYER agrees that if payment is not made or is canceled for any reason, the SELLER’s delivery obligation ends.

9.7. If the BUYER’s credit card is fraudulently used and payment is not received, the BUYER will return the product within 3 days at the SELLER’s shipping cost.

9.8. The SELLER shall notify the BUYER of force majeure or unexpected delays. The BUYER may cancel the order, request replacement, or defer delivery. Refunds will be processed within 14 days. Refund times on credit cards may take 2-3 weeks due to bank processes.

9.9. The SELLER has the right to contact the BUYER via mail, email, SMS, phone for marketing, notification, and other purposes, and the BUYER consents by accepting this contract.

9.10. The BUYER shall inspect goods before accepting delivery. Damaged goods will not be accepted. The BUYER is responsible for proper care after delivery.

9.11. If the credit card holder differs from the BUYER or a security issue arises, the SELLER may request documentation. Orders may be frozen or canceled if documentation is not provided within 24 hours.

9.12. The BUYER confirms the accuracy of personal information provided during registration and agrees to compensate the SELLER for damages due to inaccuracies.

9.13. The BUYER agrees to comply with laws while using the site and acknowledges legal responsibility for violations.

9.14. The BUYER will not use the site for illegal, immoral, or disturbing purposes, or to infringe on others’ rights.

9.15. The site may contain links to third-party websites not controlled by the SELLER. The SELLER is not responsible for those sites or their content.

9.16. Violations of this agreement render the BUYER personally liable and indemnify the SELLER from related claims.

10. RIGHT OF WITHDRAWAL

10.1. The BUYER may withdraw from the contract without any legal or financial liability within 14 days of delivery by notifying the SELLER in writing. For services, the right starts from the contract signing date and cannot be used once the service has begun with consent. Withdrawal costs are borne by the SELLER.

10.2. Withdrawal requires written notice by registered mail, fax, or email within 14 days and that products be unused per the “Non-Returnable Products” section. The following must be returned:
a) The invoice (for corporate invoices, the return invoice must accompany the product),
b) Return form,
c) Complete, undamaged product packaging and accessories.

The SELLER must refund the payment and retrieve the product within 15 and 20 days respectively. The BUYER compensates the SELLER for any reduction in product value due to misuse but not for normal use. Campaign discounts are revoked if withdrawal lowers total purchase below campaign limits.

11. NON-RETURNABLE PRODUCTS

Products prepared for personal use or non-returnable: underwear, swimsuit bottoms, cosmetics, single-use items, perishables, opened hygiene products, subscription periodicals, instantly delivered digital services, software, books, opened computer consumables, and products where withdrawal right has expired or service already started.

12. DEFAULT AND LEGAL CONSEQUENCES

If the BUYER defaults on credit card payments, they are responsible for interest and legal costs, and will compensate the SELLER for losses due to delayed payment.

13. JURISDICTION

Disputes arising from this agreement will be submitted to consumer arbitration committees or courts based on the consumer’s residence or place of transaction within monetary limits stated by law.

14. EFFECTIVENESS

The BUYER accepts all terms by making payment through the site. The SELLER must ensure the BUYER reads and confirms acceptance of this agreement before order completion.

SELLER: Emirgan Teknoloji Çözümleri San Tic Ltd Şti (Elysia Istanbul)
BUYER:
DATE:

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