DISTANCE SALES AGREEMENT
ARTICLE 1: PARTIES
1.1 SELLER:
Trade Name: Murat İlhan
Office Address: Balkiraz Mahallesi Esenler Street 3/19 Mamak Ankara
Phone: +90 0507 320 23 64
Seller email address: info@opendigitalgallery.com
1.2 BUYER:
The buyer is the person who shops on the www.opendigitalgallery.com shopping site, referred to as the customer. The address and contact information provided by the buyer during registration or in non-registered purchases are considered essential.
1.3 PRODUCT FEATURES
The product is specially produced according to the buyer's order.
1.4 TOTAL DELIVERED PRICE INCLUSIVE OF ALL TAXES
The selling price of the ordered product varies according to its features. The delivery price, including VAT, along with the total sales amount, is clearly stated on our website. In case of a dispute, invoice information will be taken as a basis.
ARTICLE 2: SUBJECT
2.1. The subject of this agreement is to determine the rights and obligations of the parties regarding the sale and delivery of the product specified in Article 1.3 and 1.4, ordered electronically from www.opendigitalgallery.com, in accordance with the Law on the Protection of Consumers No. 4077 and the Regulation on Distance Contracts Procedures and Principles.
2.2. The buyer acknowledges that the product is produced based on their order and cannot be returned unless there are defects/faults based on production. The buyer accepts and declares that this agreement has been accepted by marking the relevant section after reading and confirming the agreement.
ARTICLE 3: PRODUCT DELIVERY
- The delivery of the product is made to the address requested by the buyer. Product delivery is carried out by courier companies. The buyer must inspect the goods before acceptance, and in the case of defective or damaged goods, the consumer should not accept the product from the courier.
ARTICLE 4: DELIVERY COSTS AND PERFORMANCE
4.1. Delivery costs: Borne by the buyer. The shipping fee is collected during the purchase.
4.2. Buyer's responsibility: Even if the buyer is not present at the address during delivery, the seller is deemed to have fulfilled its obligation. Any damages arising from the buyer's delay in receiving the product are the responsibility of the buyer.
4.3. Production and Delivery: Products are produced upon order, and production is completed within 2 business days. The seller is not responsible for delays caused by the courier company.
4.4. Impossibility of Production:If the seller considers it impossible to produce the requested product, the buyer is informed. The delivery is subject to payment, and non-payment relieves the seller of the obligation.
ARTICLE 5: BUYER'S STATEMENTS AND COMMITMENTS
5.1. Inspection: The buyer must inspect the product in the presence of the courier company representative before accepting the delivery. Damages must be documented, and the product should not be accepted.
5.2. Preservation:The responsibility for preserving the product after delivery lies with the buyer.
5.3. No Right of Withdrawal: Customized products are not returnable, and the buyer cannot exercise the right of withdrawal.
5.4. Defective Product:If a defective product is received, the buyer must inform the seller within 7 business days. Photos of the defects must be sent, and if confirmed, the seller arranges for a replacement.
ARTICLE 6: SELLER'S STATEMENTS AND COMMITMENTS
6.1. Product Quality: The seller is responsible for delivering a sound, complete product that complies with specified qualities.
6.2. No Right of Withdrawal: The seller declares NO RIGHT OF WITHDRAWAL for customized products.
6.3. Impossibility of Production: If the seller deems production impossible, the buyer is informed. Non-payment relieves the seller of the obligation.
ARTICLE 7: SPECIFICATIONS OF THE PRODUCT SUBJECT TO THE AGREEMENT
- Specifications, dimensions, colors, and total price are as stated on the product introduction page and invoice. Seller is not responsible for price update errors.
ARTICLE 8: CASH PRICE OF THE PRODUCT
- The cash price is available in the invoice.
ARTICLE 9: RIGHT OF WITHDRAWAL
9.1. The buyer may exercise the right of withdrawal within three (3) days from the date of delivery. The buyer must return the product within ten (10) days from notifying the seller of the withdrawal. The right of withdrawal cannot be exercised for customized goods.
9.2. To use the right of withdrawal, written notification must be sent to the Seller within three (3) days, and the product must not be used.
ARTICLE 10: PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
- Lists products and services for which the right of withdrawal cannot be used.
ARTICLE 11: DEFAULT AND LEGAL CONSEQUENCES
- In case of default by the Buyer, legal consequences are outlined.
ARTICLE 12: AUTHORIZED COURT
- Disputes may be resolved in Consumer Arbitration Boards or Consumer Courts.
ARTICLE 13: EFFECTIVENESS
- Buyer's acceptance is assumed upon payment completion.
ARTICLE 14: TROUBLED PRODUCT EXCHANGE PROCESS AND CONDITIONS
- Procedures for damaged or faulty product exchanges are outlined.
By clicking the "I have read and approved the Distance Sales Agreement/Pre-information Form" tab at the payment stage and completing the payment for the order, the Buyer is deemed to have accepted all the terms of this agreement. The Seller is obliged to make software arrangements to ensure that orders cannot be placed without obtaining confirmation that this agreement has been read and accepted by the Buyer on the site.
