DISTANCE SALES AGREEMENT
store.gardinarium.com
SELLER
Gardinarium Landscape Services
Representative: Sabri Çağrı Sezgin
Tax ID: 768 033 24 44
Address: Bolkar St. No: 9/6, Petroliş, Kartal / İstanbul, Türkiye
Phone: +90 (216) 306 69 49
E-mail: info@gardinarium.com
KEP: sabricagri.sezgin@hs01.kep.tr
Web: www.gardinarium.com
BUYER / CONSUMER
The name, surname, delivery address, billing address, telephone number, and email address provided during the ordering process shall be taken as the basis.
This Agreement has been prepared to govern the sale and delivery of products ordered electronically by the BUYER through the www.market.gardinarium.com website and to define the rights and obligations of the parties.
The type, quantity, main characteristics, sales price, and delivery details of the products covered by this Agreement are set out in the order summary and invoice issued at the time of ordering.
The BUYER has the opportunity to review the main characteristics of the product, its sales price, any shipping/delivery fee, and the total amount payable before confirming the order.
This Agreement is concluded when the BUYER confirms the order electronically and the payment is successfully completed.
Upon conclusion of the Agreement, the order details may be sent electronically to the email address provided by the BUYER.
The sales prices of the products are stated in Turkish Lira and include VAT on the relevant product pages.
The total order amount consists of the product price, any applicable shipping/delivery fee, installment commission clearly displayed at checkout, and other legally applicable charges.
Payment shall be made using the payment method selected by the BUYER from the options available during the ordering process.
Orders are handed over to PTT Cargo within 3 days following confirmation of the order.
Delivery is made to the delivery address provided by the BUYER during the ordering process.
The SELLER is responsible for any loss or damage that may occur until the product is delivered to the BUYER or to a third party designated by the BUYER.
In distance sales contracts for the sale of goods, the BUYER has the right to withdraw from the contract without giving any reason and without paying any penalty within 14 days from the date of receiving the product.
The right of withdrawal may be exercised by submitting an explicit notice of withdrawal to the SELLER in writing or through a durable medium.
If the right of withdrawal is exercised and the product is returned via PTT Cargo, no return shipping fee will be charged to the BUYER.
The exceptions to the right of withdrawal stipulated by applicable legislation shall apply. In particular, the right of withdrawal cannot be exercised for products whose protective elements have been opened and whose return is unsuitable for health and hygiene reasons.
If the right of withdrawal is exercised in accordance with applicable legislation, the SELLER shall refund the amounts collected to the BUYER within the period prescribed by law.
The refund shall be made using the same payment method used by the BUYER at the time of purchase, without imposing any costs or obligations on the BUYER.
The BUYER acknowledges that the information provided during the ordering process is accurate and up to date.
If the BUYER returns the product under the right of withdrawal, the BUYER is responsible for ensuring that the product is returned to the SELLER with due care and in a manner appropriate to its nature.
For returns made under the right of withdrawal, the BUYER may use PTT Cargo, the carrier specified in the pre-contractual information.
The SELLER is obliged to deliver the product ordered in accordance with the main characteristics specified at the time of ordering, free from defects, and in usable condition.
The SELLER shall fulfill its obligations arising from this Agreement and applicable consumer protection legislation.
If fulfillment of the order becomes impossible, the SELLER shall notify the BUYER within the period prescribed by law and refund the amounts collected within the period prescribed by applicable legislation.
Cases in which the right of withdrawal cannot be exercised are subject to the provisions of applicable legislation.
In particular, the right of withdrawal cannot be exercised for products falling within the exceptions to the right of withdrawal specified by applicable legislation.
Events beyond the reasonable control of the parties, including natural disasters, fire, flood, earthquake, epidemics, war, acts of terrorism, strikes, disruptions to transportation and communication infrastructure, decisions and actions of public authorities, and other similar unforeseeable circumstances that temporarily or permanently prevent the parties from fulfilling their obligations shall be considered force majeure.
In the event of force majeure, the parties’ obligations may, to the extent affected by the force majeure event and depending on its nature, become temporarily or permanently impossible to perform or may be delayed. If it becomes certain that the order cannot be fulfilled due to force majeure, the SELLER shall inform the Consumer and fulfill its obligations under applicable legislation.
Turkish law shall apply to the implementation of this Agreement.
The BUYER may apply to Consumer Arbitration Committees and Consumer Courts for consumer disputes in accordance with applicable legislation.
The jurisdiction rules prescribed by law regarding the BUYER’s place of residence and the SELLER’s place of business shall apply to such applications.
This Agreement shall enter into force when the BUYER confirms the order electronically and the payment is successfully completed.
The product, price, delivery, and payment details relating to the order, together with the order summary and invoice generated during the ordering process, constitute an integral part of this Agreement.
The BUYER declares that they have read and been informed of this Agreement before placing the order and that, by confirming the order, they accept the provisions of this Agreement.
