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LEGAL NOTICES


**ARTICLE 1 - SUBJECT**

THE SUBJECT OF THIS CONTRACT IS TO DEFINE THE RIGHTS AND OBLIGATIONS OF THE PARTIES IN ACCORDANCE WITH THE PROVISIONS OF THE LAW ON CONSUMER PROTECTION NO. 6502 - DISTANCE CONTRACTS REGULATION (RESMI GAZETE: 27.11.2014/29188), REGARDING THE SALE AND DELIVERY OF THE PRODUCT/PRODUCTS WHOSE CHARACTERISTICS AND SALES PRICE ARE SPECIFIED BELOW AND WHICH THE SELLER SELLS TO THE BUYER/CONSUMER THROUGH THE WEBSITE LOCATED AT THE ADDRESS GAFARLIATELIER.COM. BY ACCEPTING THIS CONTRACT, THE BUYER ACKNOWLEDGES THAT THEY HAVE BEEN INFORMED IN ADVANCE OF THE PRODUCT'S BASIC QUALITIES, SALES PRICE, AND PAYMENT AND DELIVERY
TERMS, AND THAT THEY WILL FULFILL THEIR OBLIGATIONS TO PAY THE ORDER AMOUNT AND ANY ADDITIONAL CHARGES, INCLUDING SHIPPING FEES AND TAXES, IF APPLICABLE, IN CASE THEY CONFIRM THE ORDER.

**ARTICLE 2 - SELLER INFORMATION**
- NAME: AZER GAFARLI
- ADDRESS: MEŞRUTIYET MAHALLESİ, KONUR SOKAK, ÖZSOY İŞ HANI, NO: 25/13 ÇANKAYA/ANKARA
- EMAIL: GAFARLIATELIER@GMAIL.COM

**ARTICLE 3 - BUYER INFORMATION (HEREINAFTER REFERRED TO AS THE BUYER)**
- NAME/SURNAME/TITLE:
- ADDRESS:
- PHONE:
- EMAIL:

**ARTICLE 4 - PRODUCT INFORMATION**
4.1 BASIC CHARACTERISTICS OF THE PRODUCTS (TYPE, FABRIC, PRINTING FEATURES, COLOR, QUANTITY) ARE AVAILABLE ON THE SELLER'S WEBSITE AT GAFARLIATELIER.COM.
4.2 THE PRICES LISTED AND ANNOUNCED ON THE WEBSITE ARE THE SALES PRICES. THE ANNOUNCED PRICES AND PROMISES REMAIN VALID UNTIL UPDATED AND CHANGED. THE PRICES DECLARED FOR A CERTAIN PERIOD ARE VALID UNTIL THE END OF THE SPECIFIED PERIOD.

**ARTICLE 5 - GENERAL PROVISIONS**
5.1 THE BUYER ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTOOD THE BASIC QUALIFICATIONS OF THE PRODUCT SUBJECT TO THE CONTRACT, ITS SALES PRICE, AND PAYMENT METHOD, AS WELL AS PRELIMINARY INFORMATION ABOUT THE DELIVERY PROVIDED BY THE SELLER ON THE WEBSITE, AND ELECTRONICALLY CONFIRMS THIS INFORMATION. THE BUYER ALSO ACKNOWLEDGES AND AGREES THAT THEY HAVE ACCURATELY AND COMPLETELY OBTAINED INFORMATION ABOUT THE DELIVERY ADDRESS TO BE PROVIDED BY THE SELLER, THE BASIC FEATURES OF THE PRODUCTS ORDERED, THE TOTAL PRICE INCLUDING TAXES OF THE PRODUCTS, AND THE PAYMENT AND DELIVERY CONDITIONS, BEFORE CONCLUDING THE DISTANCE SALES CONTRACT.
5.2 UNLESS OTHERWISE AGREED BY THE PARTIES, THE PRODUCT SHALL BE DELIVERED TO THE BUYER OR THE PERSON/INSTITUTION AT THE ADDRESS INDICATED BY THE BUYER WITHIN THE PERIOD SPECIFIED IN THE PRELIMINARY INFORMATION SECTION ON THE GAFARLIATELIER.COM WEBSITE, DEPENDING ON THE DISTANCE OF THE BUYER'S PLACE OF RESIDENCE, NOT EXCEEDING 30 DAYS. IF THE PRODUCT CANNOT BE DELIVERED WITHIN THIS PERIOD FOR ANY REASON, THE BUYER MAY CANCEL THE CONTRACT.
5.3 THE SELLER AGREES, DECLARES, AND UNDERTAKES THAT THEY WILL DELIVER THE CONTRACTUAL PRODUCT IN FULL, IN ACCORDANCE WITH THE SPECIFICATIONS SPECIFIED IN THE ORDER, AND WITH THE WARRANTY DOCUMENTS, USER MANUALS, IF ANY, AND WITH THE QUALIFICATIONS REQUIRED BY LAW, IF ANY. THE SELLER ALSO AGREES, DECLARES, AND UNDERTAKES THAT IF THE PERFORMANCE OF THE PRODUCT SUBJECT TO THE CONTRACT BECOMES IMPOSSIBLE, THEY WILL NOTIFY THE BUYER OF THIS SITUATION WITHIN 3 DAYS FROM THE DATE THEY LEARN ABOUT IT, AND THEY WILL RETURN THE TOTAL PRICE TO THE BUYER WITHIN 14 DAYS.
5.4 THE SELLER MAY SUPPLY A DIFFERENT PRODUCT OF EQUAL QUALITY AND PRICE TO THE BUYER BEFORE THE PERFORMANCE PERIOD OF THE CONTRACT EXPIRES, BY CLEARLY AND EXPRESSLY OBTAINING THE BUYER'S APPROVAL.
5.5 IN CASES WHERE THE SELLER CANNOT FULFILL THE OBLIGATION UNDER THE CONTRACT DUE TO FORCE MAJEURE, THE SELLER SHALL NOTIFY THE BUYER IN WRITING WITHIN 3 DAYS FROM THE DATE OF OCCURRENCE OF THE FORCE MAJEURE EVENT, AND THE CONTRACTUAL OBLIGATIONS OF THE PARTIES SHALL BE SUSPENDED FOR THE DURATION OF THE FORCE MAJEURE EVENT. IF THE FORCE MAJEURE EVENT LASTS FOR MORE THAN 30 DAYS, THE BUYER SHALL HAVE THE RIGHT TO TERMINATE THE CONTRACT. IN THIS CASE, ANY ADDITIONAL COSTS INCURRED BY THE BUYER DUE TO THE TERMINATION OF THE CONTRACT SHALL BE BORNE BY THE SELLER.
5.6 IN CASES WHERE IT BECOMES IMPOSSIBLE TO FULFILL THE OBLIGATION OF THE SELLER DUE TO THE FACT THAT THE PERFORMANCE OF THE PRODUCT OR SERVICE SUBJECT TO THE ORDER BECOMES IMPOSSIBLE, THE SELLER SHALL NOTIFY THE BUYER OF THIS SITUATION IN WRITING WITHIN 3 DAYS FROM THE DATE THEY LEARN ABOUT IT. IN CASE THE PRODUCT PRICE IS COLLECTED IN CASH, IT SHALL BE RETURNED TO THE BUYER WITHIN 14 DAYS FROM THE NOTIFICATION, AND IN CASE OF PAYMENT BY CREDIT CARD, IT SHALL BE RETURNED TO THE BANK WITHIN 14 DAYS FROM THE NOTIFICATION.
5.7 IN THE EVENT THAT THE CREDIT CARD OF THE BUYER IS USED UNAUTHORIZEDLY BY THIRD PARTIES AFTER THE DELIVERY OF THE PRODUCT TO THE BUYER OR TO THE PERSON/INSTITUTION AT THE ADDRESS INDICATED BY THE BUYER, DUE TO THE FACT THAT THE PRODUCT PRICE IS NOT PAID TO THE SELLER BY THE BANK OR THE FINANCIAL INSTITUTION WHERE THE BUYER'S CREDIT CARD IS LOCATED, PROVIDED THAT THE BUYER DOES NOT FULFILL ITS OBLIGATION TO PAY THE PRODUCT PRICE TO THE SELLER, THE BUYER SHALL RETURN THE PRODUCT TO THE SELLER WITHIN 3 DAYS AT THE LATEST. IF THE SELLER'S EXPENSES FOR RETURNING THE PRODUCT TO THE SELLER ARE INCURRED, THESE EXPENSES SHALL BE COVERED BY THE BUYER.
5.8 THE SELLER SHALL NOTIFY THE BUYER IN CASE OF THE OCCURRENCE OF A SITUATION WHERE THE SELLER CANNOT DELIVER THE PRODUCT SUBJECT TO THE CONTRACT WITHIN THE PERFORMANCE PERIOD OF THE CONTRACT DUE TO FORCE MAJEURE, AND THE BUYER SHALL HAVE THE RIGHT TO REQUEST THE CANCELLATION OF THE ORDER, REPLACEMENT OF THE PRODUCT WITH AN EQUIVALENT ONE, OR POSTPONEMENT OF THE DELIVERY PERIOD UNTIL THE OBSTACLE IS ELIMINATED. IN CASE OF CANCELLATION OF THE ORDER BY THE BUYER, IF THE PAYMENT IS MADE IN CASH, THE PRODUCT PRICE SHALL BE RETURNED TO THE BUYER WITHIN 14 DAYS, AND IF THE PAYMENT IS MADE BY CREDIT CARD, IT SHALL BE RETURNED TO THE BANK BY THE SELLER WITHIN 14 DAYS AFTER THE CANCELLATION OF THE ORDER. THE BUYER ACKNOWLEDGES AND AGREES THAT THE REFLECTION OF THE RETURNED AMOUNT TO THE BUYER'S ACCOUNTS MAY TAKE 2 TO 3 WEEKS DEPENDING ON THE BANK'S PROCEDURES, AND THAT ANY DELAYS IN THIS PROCESS ARE BEYOND THE CONTROL OF THE SELLER.

**ARTICLE 6 - INVOICE INFORMATION**

PAYMENT METHOD: DELIVERY ADDRESS: RECIPIENT: BILLING ADDRESS: SHIPPING FEE:

INVOICE DELIVERY: THE INVOICE WILL BE DELIVERED TO THE BILLING ADDRESS ALONG WITH THE ORDER DURING DELIVERY.

**ARTICLE 7 - RIGHT OF WITHDRAWAL**

7.1. IN DISTANCE CONTRACTS FOR THE SALE OF GOODS, THE BUYER HAS THE RIGHT TO WITHDRAW FROM THE CONTRACT WITHIN 14 (FOURTEEN) DAYS STARTING FROM THE DELIVERY DATE OF THE PRODUCT TO THEMSELVES OR TO THE PERSON/INSTITUTION AT THE ADDRESS THEY HAVE INDICATED, WITHOUT ANY LEGAL OR CRIMINAL LIABILITY AND WITHOUT ANY JUSTIFICATION, PROVIDED THAT THEY NOTIFY THE SELLER. IN DISTANCE CONTRACTS FOR SERVICE DELIVERY, THIS PERIOD BEGINS ON THE DATE THE CONTRACT IS SIGNED. IN SERVICE CONTRACTS WHERE THE SERVICE HAS STARTED WITH THE APPROVAL OF THE CONSUMER BEFORE THE RIGHT OF WITHDRAWAL EXPIRES AND FOR PRODUCTS INCLUDED IN THE SCOPE OF HYGIENE, THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED. THE EXPENSES ARISING FROM THE EXERCISE OF THE RIGHT OF WITHDRAWAL SHALL BE BORNE BY THE SELLER. THE BUYER, BY ACCEPTING THIS CONTRACT, ACKNOWLEDGES THAT THEY HAVE BEEN INFORMED IN ADVANCE ABOUT THE RIGHT OF WITHDRAWAL.

7.2. FOR THE EXERCISE OF THE RIGHT OF WITHDRAWAL WITHIN THE 14 (FOURTEEN) DAY PERIOD, A WRITTEN NOTIFICATION MUST BE SENT TO THE SELLER BY REGISTERED MAIL, FAX, OR E-MAIL, AND THE PRODUCT MUST BE UNUSED, UNTESTED, AND UNOPENED AND NOT DAMAGED, IN ACCORDANCE WITH THE "PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED" PROVISIONS REGULATED IN THIS CONTRACT. FOR THE EXERCISE OF THIS RIGHT, THE FOLLOWING CONDITIONS MUST BE MET:

7.2.1 THE PRODUCT MUST BE DELIVERED TO THE SELLER WITH ITS INVOICE (IF THE INVOICE HAS BEEN ISSUED TO THE COMPANY, A RETURN INVOICE MUST BE ISSUED BY THE COMPANY WHILE RETURNING THE PRODUCT) WHICH IS SENT WITH THE PRODUCT.

7.2.2 THE RETURN FORM (FOUND IN THE LOWER PART OF THE SELLER'S INVOICE) MUST BE FILLED OUT AND SENT. 7.2.3 THE PRODUCT'S BOX, PACKAGING, IF ANY, STANDARD ACCESSORIES, IF ANY, MUST BE COMPLETE AND UNDAMAGED.

7.2.4 IT IS THE BUYER'S RESPONSIBILITY TO CAREFULLY PACKAGE THE PRODUCT, WHICH WILL BE RETURNED, IN A WAY THAT WILL NOT BE DAMAGED DURING SHIPPING, AND TO SEND IT TO THE SELLER. THE EXPENSES ARISING FROM THE EXERCISE OF THE RIGHT OF WITHDRAWAL SHALL BE BORNE BY THE BUYER. THE BUYER ACCEPTS AND UNDERTAKES THAT THEY WILL NOT BE ABLE TO EXERCISE THE RIGHT OF WITHDRAWAL IF THEY DO NOT FULFILL THIS OBLIGATION PROPERLY.

7.2.5 THE SELLER SHALL REFUND THE TOTAL PRICE TO THE BUYER WITHIN 10 DAYS FROM THE DATE OF RECEIPT OF THE WRITTEN WITHDRAWAL NOTIFICATION AND THE PRODUCT IN COMPLETE AND UNDAMAGED FORM. IN CASES WHERE THE RIGHT OF WITHDRAWAL IS EXERCISED AND FOR PRODUCTS INCLUDED IN THE SCOPE OF HYGIENE, THE BUYER SHALL BE LIABLE TO COMPENSATE THE SELLER FOR ANY DECREASE IN THE VALUE OF THE GOODS DUE TO ANY FAULT ON THEIR PART. 7.2.6 IN CASE THE RIGHT OF WITHDRAWAL IS EXERCISED OR FOR ANY OTHER REASON THE PRODUCT IS RETURNED, IF THE REMAINING CONTRACT AMOUNT FALLS BELOW THE SPECIAL CAMPAIGN LIMIT AMOUNT (SUCH AS BULK PURCHASE DISCOUNT, FREE SHIPPING, GIFT POINTS, OR GIFT VOUCHER) DETERMINED BY THE SELLER, THE AMOUNT OF DISCOUNT USED WITHIN THE SCOPE OF THE CAMPAIGN SHALL BE CANCELED, AND THIS AMOUNT SHALL BE REFLECTED ON THE CONTRACT AMOUNT.

**ARTICLE 8 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED**

8.1. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED DUE TO THEIR NATURE:

  • CONTRACTS FOR GOODS WHOSE PRICES ARE DETERMINED IN THE FINANCIAL MARKETS AND WHOSE FLUCTUATIONS DEPEND ON MARKET MOVEMENTS THAT THE SELLER OR SUPPLIER CANNOT CONTROL.

  • CONTRACTS FOR GOODS PRODUCED IN LINE WITH THE BUYER'S REQUESTS OR CLEARLY PERSONALIZED.

  • CONTRACTS FOR THE DELIVERY OF GOODS THAT ARE NOT SUITABLE FOR RETURN IN TERMS OF HEALTH AND HYGIENE.

THE BUYER, BY ACCEPTING THIS CONTRACT, ACKNOWLEDGES AND UNDERTAKES THAT THEY HAVE READ AND UNDERSTOOD THE PROVISIONS REGARDING THE CONDITIONS AND RESULTS OF THE EXERCISE OF THE RIGHT OF WITHDRAWAL IN THIS CONTRACT, AND THAT THEY HAVE ENTERED INTO A NON-REVOCABLE CONTRACT TO PAY.

ARTICLE

8.2 - RESOLUTION OF DISPUTES

THE BUYER MAY APPLY TO THE CONSUMER PROBLEMS ARBITRATION COMMITTEE OR THE CONSUMER COURT FOR DISPUTES ARISING FROM THIS AGREEMENT.

THE LIMITS FOR APPLICATIONS TO THE CONSUMER PROBLEMS ARBITRATION COMMITTEE ARE AS FOLLOWS:

FOR DISPUTES WITH A VALUE BELOW 6,920 TURKISH LIRAS IN 2020:

  • IN THE DISTRICTS WHERE THE CONSUMER IS LOCATED, DISTRICT CONSUMER ARBITRATION COMMITTEES,

  • IN METROPOLITAN CITIES, PROVINCIAL CONSUMER ARBITRATION COMMITTEES,

  • IN THE CENTRAL DISTRICTS OF THE PROVINCES THAT ARE NOT METROPOLITAN CITIES, PROVINCIAL CONSUMER ARBITRATION COMMITTEES.

THE BUYER ACCEPTS AND UNDERTAKES THAT THEY HAVE READ AND UNDERSTOOD THE ARBITRATION CLAUSES AND LIMITS REGARDING THE RESOLUTION OF DISPUTES IN THIS CONTRACT AND THAT THEY WILL APPLY TO THE AUTHORIZED ARBITRATION COMMITTEE OR THE CONSUMER COURT IN CASE OF ANY DISPUTES ARISING FROM THE CONTRACT.
THIS AGREEMENT IS MADE FOR COMMERCIAL PURPOSES.


 

SELLER

BUYER

GAFARLI ATELIER

NAME/SURNAME:

DATE:

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