Distance Sales Agreement
This English translation is provided for information only. In case of any discrepancy, the Turkish version of this agreement prevails.
ARTICLE 1 – PARTIES
1.1. SELLER
Title: Artteks Tekstil Sanayi ve Dış Tic. Ltd. Şti. (MASHA & KATE) Address: Abdurrahmangazi Mah. Osmangazi Cad. No:121, 34885 Sancaktepe / Istanbul, Türkiye Phone: +90 850 532 58 88 Email: [email protected] Website: www.mashakate.com
1.2. BUYER
Name / Surname: Address: Phone: Email:
ARTICLE 2 – SUBJECT
The subject of this agreement is to determine the rights and obligations of the parties, in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188), regarding the sale and delivery of the products whose characteristics and sale price are stated below, ordered electronically by the BUYER through the SELLER's website www.mashakate.com (including transactions made through the mobile app).
ARTICLE 3 – PRODUCT AND DELIVERY INFORMATION
| Product Name | Colour / Size | Quantity | Unit Price | Total |
The type, kind, quantity, brand/model and colour of the products and the sale price including all taxes are as stated above.
Carrier: Yurtiçi Kargo.
Shipping fee: 150 TL, paid by the BUYER. Shipping is free on purchases of 2,000 TL and over.
The order date, payment method, delivery and billing address, and the type, quantity and amount of the products ordered are included in the order confirmation sent to the BUYER when the order is completed, and form an integral part of this agreement.
ARTICLE 4 – GENERAL PROVISIONS
4.1. The BUYER declares that they have read and are informed of the preliminary information on the website regarding the basic characteristics of the products subject to the agreement, the sale price including all taxes, the payment method and delivery, and that they have given the necessary confirmation electronically.
4.2. Provided that the legal period of 30 (thirty) days is not exceeded, the product subject to the agreement is delivered to the BUYER or to the person/organisation at the address indicated by the BUYER within the period stated in the preliminary information on the website, depending on the distance of the BUYER's place of residence.
4.3. If the product subject to the agreement is to be delivered to a person/organisation other than the BUYER, the SELLER cannot be held responsible if that person/organisation does not accept the delivery.
4.4. The SELLER is responsible for delivering the product subject to the agreement intact, complete and in accordance with the characteristics stated in the order.
4.5. For the product subject to the agreement to be delivered, the price of the product must have been paid by the payment method chosen by the BUYER. If for any reason the price of the product is not paid or is cancelled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product.
4.6. If, after delivery of the product, the relevant bank or financial institution does not pay the price of the product to the SELLER because the BUYER's credit card has been used unfairly or unlawfully by unauthorised persons in a way not caused by the BUYER's fault, the BUYER must send the product back to the SELLER within 3 (three) days, provided that it has been delivered to them. In this case, the shipping costs are borne by the BUYER.
4.7. If the SELLER cannot deliver the product subject to the agreement on time due to force majeure or extraordinary circumstances that prevent transport, such as adverse weather or disrupted transport, the SELLER must notify the BUYER of the situation. In this case, the BUYER may exercise one of the rights to cancel the order, to have the product replaced with an equivalent, if any, and/or to postpone the delivery period until the obstacle is removed. If the BUYER cancels the order, the amount paid is refunded within 7 (seven) days.
4.8. If the delivered product is defective (faulty, damaged, incomplete or different from what was ordered), the BUYER may exercise their optional rights under Law No. 6502. The shipping costs for returning the defective product to the SELLER are borne by the SELLER.
ARTICLE 5 – RIGHT OF WITHDRAWAL
5.1. The BUYER has the right to withdraw from the agreement within 14 (fourteen) days of the date on which the product was delivered to them or to the person/organisation at the address they indicated, without giving any reason and without paying any penalty. If more than one product is ordered in a single order, this period starts from the date on which the last product is delivered.
5.2. To exercise the right of withdrawal, it is sufficient to notify the SELLER within this period through the following channels:
- WhatsApp support and call centre line +90 850 532 58 88 (weekdays 08:00 – 17:30, Turkey time),
- EMAIL ADDRESS [email protected]
- The contact form at www.mashakate.com.
5.3. If the right of withdrawal is exercised, the products to be returned must be unused, unwashed and unaltered, with their inner and outer labels complete, and must be sent together with the invoice or return form. The products must be sent in their original shipping packaging or in secure packaging that will not be damaged in transit.
5.4. If the BUYER has used the product during the withdrawal period beyond the extent required by a normal examination, they are responsible for any changes and deterioration in the products.
5.5. The BUYER must send the product back to the SELLER within 10 (ten) days of the date on which they sent the notice of withdrawal. The shipping cost of returns sent through Yurtiçi Kargo, the SELLER's contracted carrier, using CUSTOMER CODE 515839721 and RETURN CODE ARTTEKS26 is paid by the SELLER. The cost of shipments with carriers other than Yurtiçi Kargo is borne by the BUYER; cash-on-delivery shipments are not accepted.
Return address: Artteks Tekstil Sanayi ve Dış Tic. Ltd. Şti., Abdurrahmangazi Mah. Osmangazi Cad. No:121, 34885 Sancaktepe / Istanbul, Türkiye
5.6. Within 7 (seven) days of the date on which the notice of withdrawal reaches it, the SELLER refunds all payments collected, including the cost of delivering the product to the BUYER, if any, in a single payment and in a way appropriate to the payment method the BUYER used when purchasing. How long it takes for the amount to appear in the BUYER's account/on their card depends on the relevant bank.
ARTICLE 6 – CASES IN WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Pursuant to Article 15 of the Regulation on Distance Contracts, the right of withdrawal cannot be exercised in the following cases:
- Products specially prepared or altered in line with the BUYER's wishes or personal needs,
- Products whose packaging has been opened after delivery and which, if offered for sale, are not suitable for return for health and hygiene reasons (underwear bottoms, socks, swimwear, accessories such as earrings, etc.),
- Products that have been used, washed, had their labels removed or become unfit for resale.
ARTICLE 7 – DISPUTE RESOLUTION
For disputes arising from this agreement, the Consumer Arbitration Committees at the BUYER's place of residence or where the consumer transaction was made are competent within the monetary limits announced each year by the Ministry of Trade; for disputes exceeding these limits, the Consumer Courts are competent.
ARTICLE 8 – ENTRY INTO FORCE
When the BUYER completes their order on the website, they are deemed to have declared that they have read, understood and accepted all the terms of this agreement. This agreement enters into force with the order confirmation.
SELLER: Artteks Tekstil Sanayi ve Dış Tic. Ltd. Şti. (MASHA & KATE) BUYER: Date: