DISTANCE SALES AGREEMENT

Last Updated: 1 January 2024

ARTICLE 1 – PARTIES TO THE AGREEMENT

SELLER

Company Name	GENYA ORMAN ÜRÜNLERİ SANAYİ ve TİCARET LTD. ŞTİ.
Address	IOSB Keresteciler Sitesi / 17. Sk No:2 34490 – Başakşehir / İstanbul / TURKEY
Return Address	IOSB Keresteciler Sitesi / 17. Sk No:2 34490 – Başakşehir / İstanbul / TURKEY
Phone	+90 212 675 03 45 / +90 554 994 34 57
Fax	+90 212 670 02 53
E-mail	info@demontha.com
KEP Address	genya@hs03.kep.tr
MERSIS Number	0394001648500011

BANK ACCOUNT INFORMATION

Bank	VAKIFBANK
Branch	IMSAN
IBAN	TR59 0001 5001 5804 8013 3039 02
SWIFT/BIC	TVBATR2A

AGREED CARRIER: UPS or TNT

BUYER

The individual who places an order on www.demontha.com and possesses an order number shall be referred to as the “BUYER”. The contact information provided during the ordering process shall be considered as follows:

BUYER	…
ADDRESS	…
PHONE	…
E-MAIL	…

ARTICLE 2 – SUBJECT OF THE AGREEMENT

2.1. The subject of this Distance Sales Agreement (hereinafter referred to as the “Agreement”) is, if the BUYER holds the status of a “Consumer”; following the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014, otherwise by the Turkish Civil Code (TBK) and/or Turkish Commercial Code (TTK) provisions. In the scope of the right of withdrawal, if the BUYER, regarding their usual residence law, places an order for the product/products specified in this Agreement, including their characteristics and sale price, on the website owned by the SELLER, named www.demontha.com (hereinafter referred to as the “Website”) through electronic means, this involves the sale, payment of the sale price, delivery, and determination of the rights and obligations of the Parties, as well as the presentation of dispute resolution methods arising from this Agreement.

2.2. The BUYER, by confirming the order subject to this Agreement, undertakes to pay the price of the product in question, as well as any additional fees such as shipping costs, taxes, especially customs duties and charges in the case of sales to foreign addresses, additional storage and transportation expenses, and any additional taxes and charges arising from the jurisdiction of the BUYER’s address. The BUYER acknowledges and declares that they have been informed of their responsibilities and obligations arising from relevant legislation.

ARTICLE 3 – PRODUCT INFORMATION

3.1. The type or category, quantity, brand or model, sale price, payment method, recipient, delivery address, invoice details, and shipping fee of the product or products purchased electronically from the www.demontha.com.tr e-commerce website are as stated in the forms and order details prepared by the BUYER before the purchase. Product images have been taken for advertising/marketing purposes with professional equipment and teams and may not necessarily correspond exactly to the original appearance of the products. Additionally, promises made regarding the products on the website may be subject to change without prior notice due to technical reasons or errors.

3.1.1. Product and Price Information

Product Description	Quantity	Quantity Unit Price (USD)	Shipping Cost (USD)	Customs Expenses (USD)	Total (USD) (Inclusive of VAT)
…	…	…	…	…	…
…	…	…	…	…	…

Promises made regarding the products on the Website may be subject to change without prior notice due to technical reasons or errors.

3.1.2. Payment (Collection) Information

Payment Method Agent

3.1.3. Delivery and Invoice Information

ARTICLE 4 – DELIVERY AND INVOICE

4.1. The product/products ordered electronically by the BUYER will be delivered to the individuals at the address specified by the BUYER or to the BUYER within 30 (thirty) days, through the transportation company with which the SELLER has an agreement, provided that the SELLER’s stock is available, and without prejudice to cases where the performance of the obligation related to the Order is impossible. Contracts related to goods prepared in line with the consumer’s request or personal needs are exceptions and not subject to these periods. If the courier company does not have a branch in the location where the BUYER is located, the BUYER must receive the product from another nearby branch specified by the SELLER. The SELLER cannot be held responsible for any delays caused by the courier company.

4.2. The BUYER acknowledges, declares, and undertakes that if they are not present at the address they provided during delivery, the delivery will be considered validly completed by delivering the product/products to individuals at that address in exchange for a signature. If the product/products are not delivered within 30 (thirty) days from the order date, except for reasons attributable to the courier company, the BUYER may terminate the Agreement.

4.3. Unless otherwise stated, the delivery expenses of the goods are borne by the BUYER. If the SELLER declares on the website that the delivery fee will be covered by them, then the delivery expenses will be the responsibility of the SELLER.

4.4. The electronic approval of this Agreement and the payment of the sale price by the BUYER using their preferred payment method are necessary conditions for the delivery of the product/products specified in this Agreement. If, for any reason, the price of the product/products is not paid or the payment is canceled by the bank, the BUYER acknowledges, declares, and undertakes that they have the right to refuse the delivery without any liability arising from the SELLER’s obligation to deliver the product/products.

4.5. The invoice for the product/products paid by the BUYER and the shipping service fee will be prepared digitally within the scope of the E-archive application by the SELLER in the name of the real or legal person specified by the BUYER and will be sent to the BUYER’s email address. Additionally, the invoice will be delivered to the delivery address specified by the BUYER in this Agreement along with the product/products through a delivery note. The BUYER agrees and declares that they will notify the SELLER in writing in case of any address change and that any information provided to the SELLER will be accurate and truthful. The BUYER acknowledges that they will be responsible for any damages resulting from incorrect information.

4.6. The BUYER acknowledges, declares, and undertakes that the information provided for the invoice, delivery addresses, and other details within the scope of this Agreement is complete and accurate. In cases where there is an error and/or deficiency in the address provided by the BUYER, the BUYER is not present at the address during delivery, there is no one available to receive the product/products at the specified address, or the individuals at the address refuse to accept the product/products, the SELLER shall not be held responsible in any way. In such cases, the SELLER may fulfill their delivery obligation by leaving the products at the delivery location in the name of the BUYER without requiring any further approval or decision, or they may store the products, reserving the right to request a storage fee. If the delivery cannot be made as specified above, the BUYER has the right to request a new delivery at their own expense, covering all transportation and other costs.

4.7. The SELLER is responsible for delivering the product/products specified in the Agreement in a sound, complete, and compliant state with the specified characteristics, as required by regulations, along with any applicable warranty certificates and user manuals. The BUYER and/or the recipient at the time of delivery are responsible for inspecting whether the product/products have been delivered in a sound, complete, and compliant condition, as required by regulations. In case any damage to the product/products is identified during delivery, a report must be prepared in conjunction with the transportation company representative. Otherwise, the SELLER shall not be held responsible for any damage or defects in the products.

4.7.1. In the event that the product/products are found to be defective or damaged at the time of delivery and are recorded in an official report, the SELLER shall retrieve the product/products in the condition in which they were delivered, and a replacement shall be provided to the BUYER without any additional transportation fee within 30 days following this date.

4.7.2. In cases where defects in the product/products, which are visible or can be detected through inspection, are identified after the delivery, the BUYER must notify the SELLER in writing or through customer services within a maximum of 30 days if the BUYER is a consumer, and within a maximum of 8 days if the BUYER is not a consumer. Reports and related requests for defects not reported within the specified period will not be accepted.

4.7.3. For defects that are visible or can be detected through inspection, and for other hidden defects, as long as they are reported immediately upon discovery, they should be reported within 2 years from the date of delivery. Following this report, the product/products will be transported to the SELLER with a courier company designated by the SELLER. Upon receipt of the returned product/products, the SELLER will assess them. If it is determined that the product/products have defects attributable to the SELLER, the SELLER will attempt to repair them, replace them with new ones without any additional transportation fee if possible, or refund the purchase price if none of the previous options are feasible. Otherwise, the product/products will be returned to the BUYER, and any transportation fees, as well as customs and other taxes or fees incurred, will be charged to the BUYER if applicable.

ARTICLE 5 – PAYMENT AND CAMPAIGNS

5.1. The purchase price, including VAT, and the delivery fee of the product/products ordered by the BUYER within the scope of this Agreement shall be paid under the payment method and conditions specified in this Agreement.

5.2. In cases where the BUYER pays for the product/products ordered from the website using a credit card, the orders placed within the scope of this Agreement will be processed following the determination by the SELLER that the purchase price of the product/products has been blocked by obtaining a bank authorization from the credit card.

5.3. The SELLER is not responsible for any deductions made by banks under other names during the payment process.

5.4. In the event of any campaign, discount, or similar practice announced by the SELLER in compliance with the relevant regulations at the time of the BUYER’s order, and explicitly stated to be valid for distance sales, such practice shall also be applied to the BUYER’s order provided that the BUYER meets the campaign conditions.

5.5. If the BUYER’s credit card, which belongs to the BUYER, is used by unauthorized persons unlawfully or wrongfully without any fault on the part of the BUYER, and as a result of this, the bank or financial institution fails to pay the price of the product/products to the SELLER, the BUYER agrees, declares, and undertakes that they will return the product/products delivered to them to the SELLER within 30 (thirty) days at the latest, in an unused, undamaged, and complete state, as originally sold, i.e., unassembled, at their own expense, starting from the date of the written notification from the SELLER regarding the issue. Otherwise, the BUYER accepts and undertakes that all kinds of legal action, including compensation for any damages incurred by the SELLER, will be taken against them.

5.6. The availability of various installment payment options within the scope of campaigns offered by the bank with which the BUYER has an agreement is beyond the control of the SELLER. Campaigns under the knowledge and discretion of the SELLER will be announced on the website.

5.7. Unless otherwise specified by the Seller, the delivery fee, which is not included in the price of the product/products, will be added to the price of the product/products to be paid by the BUYER and will be paid by the BUYER along with the price of the product/products.

ARTICLE 6 – GENERAL CONDITIONS

6.1. The BUYER acknowledges, declares, and undertakes that they have read and understood the pre-information regarding the essential qualifications of the product/products subject to the Agreement, the KDV-included sales price, the validity period of all commitments of the SELLER, the payment method, the delivery, the cost if any to be covered by the BUYER, the period and conditions for the delivery and performance of the product/products, how the right of withdrawal can be used, and that they are aware of their rights to apply to the Consumer Problems Arbitration Committee or Consumer Court in the place where the BUYER purchases the product or resides within the monetary limits set by the Ministry of Customs and Trade for complaints and objections.

6.2. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining explicit consent before the fulfillment of the performance obligation arising from the contract.

6.3. In cases where the fulfillment of the contract becomes impossible, the SELLER shall notify the BUYER in writing within 3 (three) days from the date of learning of this situation and shall refund the total amount to the BUYER within 14 (fourteen) days.

6.4. The BUYER agrees, declares, and undertakes that they will confirm this Preliminary Information Form electronically for the delivery of the product, and that if the price of the product subject to the contract is not paid for any reason or is canceled in the records of the bank, the SELLER’s obligation to deliver the product subject to the contract will end.

6.5. The BUYER acknowledges, declares, and undertakes that even if products/products intended for children are offered for sale on the website, they cannot shop from the website if they are under 18 years of age, and that the SELLER shall not be responsible in any way for the damages suffered by third parties due to the order placed in violation of this rule. If it is determined by the SELLER that this article is violated, the SELLER has the right to cancel the order given, and to terminate the Agreement.

6.6. The SELLER reserves the right to suspend or terminate the order if the SELLER determines that the information provided by the BUYER does not match the reality. In such a case, the SELLER suspends the processing of the order for 5 (five) days if the SELLER cannot reach the BUYER from the telephone, e-mail, or delivery address provided by the BUYER. During this period, the BUYER is expected to contact the SELLER regarding the matter. If the BUYER does not contact the SELLER during this period, the order will be canceled. In the event of order cancellation, if any, payments made by the BUYER will be refunded within 10 (ten) days. In payments made by credit card, the refund will be made to the credit card used for the payment. The SELLER is not responsible for the process of the refund by the bank.

6.7. The SELLER is not responsible for pricing and content inaccuracies caused by typesetting and system errors. In the event of incorrect product prices, the SELLER has the right to cancel all orders placed at the erroneous price. In such a case, the BUYER accepts and declares that they will not make any claims or demands, including the delivery of the product at the erroneously advertised incorrect price, due to this obvious error.

6.8. The SELLER reserves the right to cancel purchases of the same product by the BUYER that exceed their needs. In the case of purchases exceeding the BUYER’s needs, for wholesale purchases, if the number of items purchased exceeds 3 (three) units, the SELLER reserves the right to either completely cancel the order or send only 3 (three) units as the limit for retail purchases.

ARTICLE 7 – FORCE MAJEURE

Extraordinary events that did not exist and could not be foreseen on the date of signing of the Contract, developing beyond the control of the Parties, and partially or completely preventing one or both Parties from performing their obligations and responsibilities under the Contract within the legal period, are considered force majeure. In case the SELLER is unable to deliver the products/products specified in the Contract within the legal period due to force majeure reasons (natural disasters, fires, explosions, internal wars, wars, riots, civil movements, declaration of mobilization, strikes, lockouts, epidemics, problems arising from the internet system or service providers providing internet services, actions and transactions of competent authorities, depletion of stocks, commercial impossibilities, or interruptions in transportation such as adverse weather conditions, cessation of transportation, etc.), the SELLER is obliged to notify the BUYER of this situation. In this case, the BUYER may exercise one of their rights to cancel the order, replace the products/products specified in the Contract, if any, with similar ones, and/or postpone the delivery period until the obstacle is removed. If the BUYER cancels the order, the amount they have paid will be refunded to them within 14 (fourteen) days.

ARTICLE 8 – RIGHT OF WITHDRAWAL AND RETURNS

8.1. The BUYER may exercise their right of withdrawal within 14 (fourteen) days from the delivery of the product/products specified in the Contract to themselves or to the 3rd person or organization at the address notified by the buyer, as granted by the relevant legislation. In order for the BUYER to be able to exercise their right of withdrawal:

• The BUYER must have the status of “Consumer” as defined within the scope of the Law No. 6502,
• The BUYER must notify the SELLER within the legal period,
• The product/products must not be among the products for which the right of withdrawal cannot be exercised as determined in the Law No. 6502 Consumer Protection Act and the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014,
• The product must not have suffered damage that prevents its re-sale other than its ordinary use,
• If the promotional and usage manual specifies installation or assembly to be carried out by the seller or authorized service, then the installation or assembly must be performed accordingly,
• The products must be unused and unassembled,
• The product must be returned complete and undamaged, including the product return form, invoice, original box of the returned products, packaging, standard accessories if any, parts, warranty certificate if any, user manual, and all attachments, and must not have been used in any other way. (If the original invoice is not sent, VAT and any other legal obligations cannot be refunded to the BUYER.)
• For orders delivered to foreign addresses, it is a requirement that the consumer has the right of withdrawal under their habitual residence law.

8.2. Provided that the BUYER is a Consumer; the right of withdrawal is also applicable before the delivery of the product/products. In cases where the delivery to an address abroad is agreed upon, if the BUYER does not have the right of withdrawal under their habitual residence law, the BUYER will not have the right to return the product received from the SELLER without stating any reasons.

8.3. If the BUYER has the right of withdrawal under their habitual residence law abroad, the BUYER may exercise the right of withdrawal from the contract by rejecting the goods without stating any reasons, within 14 (fourteen) days starting from the date of delivery to the BUYER or to the person/organization at the address indicated by the BUYER, provided that the BUYER notifies the SELLER through the contact information above. In this case, the BUYER will bear all the expenses of the return, including the shipping, and other expenses. The amount of these return expenses shall be determined within the scope of the following index, and it will not exceed 2000 USD shipping cost in any case and it may include all other expenses that may be added as long as it is within the express consent.

Shipping Cost Calculation Index

 

However, in cases where the BUYER is rightfully exercising the right of withdrawal, the BUYER has the right to request the offsetting of the return expenses they are required to pay from the refund to be made to them.

8.4. The SELLER shall receive the product/products to be returned by the BUYER due to the exercise of the right of withdrawal through the shipping company contracted by the SELLER and at a time (date) to be determined by mutual agreement with the SELLER. The shipping company with which the SELLER has an agreement can be found on the Cargo Company website specified as of the date of approval of this Agreement and in the distance sales preliminary information form, and can also be learned by contacting the SELLER separately. If the BUYER sends the product/products to be returned through a shipping company that is not contracted by the SELLER, regardless of the amount of the shipping fee and, if it arises, customs and other tax/duty expenses, such expenses shall be paid by the BUYER. In such cases, the BUYER accepts and declares that the SELLER shall not be liable for any damage or loss that may occur to the product during shipping. In corporate returns, it is mandatory to issue a return invoice.

8.5. The BUYER acknowledges and undertakes that in case of a refund request for payments made with a credit card, the refund will not be made in cash. In case of the exercise of the right of withdrawal, the price of the product/products and the shipping costs shall be refunded to the BUYER in accordance with the payment method used by the BUYER within 14 (fourteen) days from the date the product/products were delivered to the SELLER by the contracted cargo company or, if returned by a carrier other than the contracted cargo, from the date it reaches the SELLER. The refund to the credit card shall be made within the framework of the current refund procedures of the banks. In cases where installment payment is made, the refund shall be made in accordance with the current procedures of the banks. In cases where the SELLER is unable to refund due to reasons such as the cancellation/change of the BUYER’s credit card, the BUYER shall be obliged to receive the payment by applying to the relevant bank with the documents received from the bank. In such a case, the BUYER cannot make any claims against the SELLER for any delay damages, interest, etc., under any name whatsoever.

8.6. The BUYER is obliged to return the product to the address specified in Article 1 within 14 (fourteen) days from the date on which it notified the exercise of the right of withdrawal. Otherwise, the refund will not be made or, if made, it may be requested back with interest and other expenses.

8.7. In case the BUYER is a real or legal person acting for commercial or professional purposes and/or if the invoice of the product subject to the contract is issued in the name of the BUYER acting for commercial or professional purposes if the BUYER wishes to return the product for reasons other than defects and other reasons, an invoice must be sent with the product while returning. (In case the BUYER is a real or legal person acting for commercial or professional purposes and/or if the invoice of the product subject to the contract is issued in the name of the BUYER acting for commercial or professional purposes; the BUYER cannot benefit from the provisions and rights granted to consumers under this Agreement and the law.)

8.8. In case of falling below the campaign limit amount or going beyond the campaign conditions due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is canceled, and the SELLER has the right to offset this amount from the amount to be refunded to the BUYER or to request it separately.

ARTICLE 9 – CASES WHERE THE RIGHT OF WITHDRAWAL CAN NOT BE EXERCISED

9.1. The BUYER cannot exercise the right of withdrawal for personalized products that are customized according to the BUYER’s requests before the order, by making alterations, changes, or additions to them.

9.2. The BUYER cannot exercise the right of withdrawal for products that have not suffered damage preventing their resale, except for normal use. In particular, the following cases are considered damage-preventing resale:

• Removal or damage of the brand, logo, and/or labels that constitute integrity with the products,
• Existence of tearing, burning, smelling, breaking, damage, or deterioration anywhere on the products, regardless of their size or significance,
• Supply of goods that are inherently integrated with other items after delivery,
• Assembly of disassembled products in the furniture category,
• Partial or complete loss of the qualities and characteristics of the products necessary for their resale,
• Existence of defects due to misuse,
• Discoloration due to any reason such as paint, chemicals, or sun exposure,
• In cases where the BUYER does not have the right of withdrawal in their usual residence law for orders delivered to foreign addresses, the BUYER does not have the right of withdrawal without specifying any reason.

ARTICLE 10 – APPLICABLE LAW AND RESOLUTION OF DISPUTES

10.1. Turkish Law shall apply to the implementation and interpretation of this Agreement, as well as to any disputes arising from this Agreement.

10.2. In case of disputes arising from this Distance Sales Agreement:

10.2.1. If the Buyer is a Consumer; the Consumer Arbitration Committees and Consumer Courts located in the Buyer’s place of residence and where the purchase of Goods or Services took place, up to the value declared by the Ministry of Customs and Trade, in accordance with Article 68/1 of the Law on Consumer Protection No. 6502, shall have jurisdiction.

10.2.2. If the Buyer is a Merchant and/or Public Legal Entity; Istanbul Courts and Execution Offices shall have jurisdiction.

ARTICLE 11 – DEFAULT AND LEGAL CONSEQUENCES

11.1. In the event of the BUYER defaulting on transactions made with a credit card, the cardholder bank shall require the BUYER to pay interest within the framework of the credit card agreement between the bank and the BUYER, and the BUYER shall be responsible towards the bank.

11.2. In the event of the BUYER defaulting on payments when other payment methods are chosen, the SELLER may rescind the agreement or demand payment of the amount with interest. The BUYER shall be responsible for any damages incurred by the SELLER due to the delayed performance of the debt by the BUYER.

ARTICLE 12 – NOTIFICATIONS AND EVIDENTIAL AGREEMENT

All kinds of correspondence between the Parties under this Agreement, except for mandatory cases stipulated by the legislation, shall be made via e-mail. The BUYER acknowledges, declares, and undertakes that in case of disputes arising from this Agreement, the SELLER’s official books and commercial records, electronic information, and computer records kept in its own database and servers shall constitute conclusive and binding evidence. The BUYER accepts that this article has the nature of an evidential agreement within the meaning of Article 193 of the Code of Civil Procedure, without prejudice to the right to submit additional evidence in disputes arising from this Agreement.

ARTICLE 13 – EFFECTIVE DATE

This Agreement, consisting of 13 (thirteen) articles, has been executed and become effective upon being read and confirmed electronically by the Parties.