Distant Sale Agreement
PURPOSE AND SUBJECT
The purpose of this distant sale agreement (“Agreement”) is to inform the customer (“Buyer” or “You”) of the terms and conditions regarding sale and delivery of products ordered online on website (“Website”) belongs to Atelier Origins Tekstil Ltd. Şti. (“Seller” or “We” or “Atelier Origins”) as per the Consumer Protection Law No. 6502 (“Law”) and Distant Sales Regulation (“Regulation”) and to determine the right and obligations of the parties. Within the scope of this Agreement, the Buyer and the Seller are collectively referred to as the “Parties” and individually as a “Party”.
These terms and conditions will be valid for all products offered on the Website by the Seller. By making a purchase from, and using, this Website you have agreed to this Agreement. Please make sure that you have read and understood the terms of this Agreement when using our Website.
PRODUCT(S) SUBJECT TO AGREEMENT
Description, Quantity, Price USD (VAT included), Total Amount USD, Delivery Cost USD, Payment Method, Total Amount to be paid USD (including VAT)
INFORMATION OF THE PARTIES
Commercial Name: Atelier Origins Tekstil Limited Sirketi
Address: Kucukbebek Cad. Dayibey Sokak. No:6/1 Bebek Besiktas Istanbul Turkey
Mersis No : 0099110414000001
Phone : +90 532 688 68 31
Return Address: Kucukbebek Cad. Dayibey Sokak. No:6/1 Bebek Besiktas Istanbul Turkey
Contracted carrier to be used when returning the product : International: UPS, FEDEX/TNT, DHL. Domestic: Yurtici, MNG
Name Surname/ Commercial Name: [•]
Delivery Address: [•]
Invoice Address: [•]
Phone : [•]
Email : [•]
ORDER AND ORDER CONFIRMATION
Before approving the order, the Buyer may confirm the details of the latest version of its order and may correct the mistakes, if any.
This Agreement is executed when the Buyer clicks and approves the section “Payment” or “Place Your Order”. The Buyer hereby declares and accepts that it is aware of the payment methods, delivery conditions, number, basic features, volume/weight, price of the ordered products and the payment obligation to have occurred when approving the order, its approved order and specifically the terms and conditions of this Agreement.
Once we have received your order we will send an email to your e-mail address as a confirmation of your purchase. It is important that you enter the correct e-mail address when placing your order. We recommend saving this email in order to facilitate any contact with customer service you may have in the future. The order confirmation (receipt) also serves as a guarantee of proof of purchase.
In case of any problem in accessing the email address of the Buyer or not receiving this confirmation email, the Seller will not be held liable. In this case, the approved order will be deemed as valid, except for the cancellation of the order by the Seller based on legal grounds. For the avoidance of doubt, the withdrawal right of the Buyer determined under this Agreement is reserved.
For the delivery of the products which are the subject matter of this Agreement, the Preliminary Information Form and this Agreement must be electronically approved/executed and the total sales amount must be paid by the Buyer. If the total or a part of the sales amount is not paid or is canceled in the bank records for any reason whatsoever or any suspicious transaction for the use of this Website or any attempt to this is determined, the Seller is considered to have been released from the obligation to perform and deliver the order.
PRODUCT PRICE AND PAYMENT
The prices determined in the Website is only valid for distant sales.
All taxes and fees applicable to your product arising out of customs legislation shall be paid by the buyer.
You may pay with either credit or debit cards. PayU payment and banking services manage all of our banking transactions. Atelier Origins does not store any credit card numbers.
PAYMENT BY CARD
Pay with your Visa, AMEX, or MasterCard securely over the Internet. Your payment is handled by PayU with secure encryption and under strict banking standards. Your card details are sent directly to the bank and cannot be read or accessed by anyone other than your bank. There is no extra charge for card payments unless the customer’s bank charges a fee to the customer. When paying by credit/debit card starting conditions apply as soon as the card transaction is approved. In the event that no payment has been received after submitting your order, Atelier Origins may automatically cancel your order.
Promo Codes should be entered during the checkout process to be valid. Attempting to add a promo code after purchase will not be honored.
All prices shown on the Atelier Origins website, , are including VAT, in accordance with the applicable legislation.
Additionally, possible customs taxes and fees relating to your product will be paid from you to legal authorities.
Orders made in another person's name without the person’s consent will be reported to the authorities. Atelier Origins holds the right to change prices, correct incorrect prices on all orders as well as final sales. If a price is incorrect, this may compel Atelier Origins to cancel the purchase and refund any amount paid.
Special offers, promotions, campaigns, or discounts will be valid until the determined date and/or stocks last. The Seller has the right to cancel the order in case of circumstances such as system violation or system failure. In this case, any claim cannot be requested from the Seller.
The product stock information is notified to the Buyer when the Buyer places the order. In this notification, error or change may exceptionally be appeared due to the technical problems. In case of non-availability of all or a part of the products in the stocks for any reason whatsoever, the information regarding the date of supply of the products or cancellation of all or a part of the order is notified to the Buyer after placing the order. In this respect, Atelier Origins has the right to cancel the purchase and refund the paid amount to the customer. Atelier Origins will notify the Buyer of a replacement or equivalent products if available.
You have the right to withdrawal from the Agreement without any reason and/or paying penalty clause within 14 (fourteen) days from the date of delivery of products to you or to the third party designated by you. You may also exercise your withdrawal right within the period from the execution of this Agreement until the delivery of the product to you.
In cases, you as the Buyer believe that the delivery is delayed in such a way that you no longer wish to fulfill the order, it is your responsibility to cancel the order. In cases where the order has been dispatched, the Buyer is required to receive the order and follow the below-detailed withdrawal procedure.
However, the right applies only in the case that the product and its original packaging can be returned in the same condition as when received.
In order to exercise your withdrawal right, please create a return request on the “Submit a Request” section in the Website by entering the number of the order that you wish to return within 14 (fourteen) days. This request is not valid until the Buyer has confirmed with Atelier Origins either by email or telephone. After creating your request, you shall return your product and its accessories with a return label to be provided to you, invoice and delivery note to the [•] carrier or the closest Atelier Origins store free of charge within 10 (ten) days. However, the customer is responsible for the risk of transporting the returned goods to Atelier Origins. We will get back to you as soon as possible by inspecting the product(s) and your request. If it is determined that your request will be honored, you will be returned the total cost that you have paid including the delivery costs in accordance with the payment method that you have used when buying the product within 14 (fourteen) days.
The Seller cannot be held liable for any delay or fault occurred due to the banks during the refund of the product price.
The Buyer will pay the return expenses in case of a use of a carrier firm other than the contracted carrier firm determined in this Agreement. As per the Regulation, the withdrawal right is not applied for the following contracts relating to:
a) goods or services of which price varies depending on fluctuations in the financial markets and is not under the control of seller or provider
b) goods prepared in accordance with the consumer requests or personal needs
c) delivery of goods that is perishable and may expire
d) delivery of goods of which protective elements such as package, seal, tape, packaging is opened after their delivery; and of which return is not suitable in terms of the health and hygiene
e) goods which are mixed with other products after the delivery and cannot be separated due to its nature
f) book, digital content and consumable materials of computer presented in the physical environment of which protective elements such as package, seal, tape, packaging is opened after their delivery
g) delivery of periodical publications such as newspapers and magazines except for those provided under the subscription agreement
h) accommodation, transport of goods, car rental, supply of food-beverages which should be carried out on a specific date or period, and organizing leisure time for the purpose of entertainment or recreation
(i) services performed instantly on the electronic environment or intangible goods delivered instantly to consumer
(j) services that are started to be performed with the costumer’s approval, before - end of the period in which the right of withdrawal can be exercised.
Warranty term: Two years from the date of purchase. This warranty does not cover handmade products. To have replacement covered under this warranty performed, please use our contact form on the "contact us" page. In the e-mail you need to specify your name, address, order number, and a detailed description of the issue. Finally, write ‘reclaim of purchase’ as the subject of the e-mail or letter. Return shipping is paid by Atelier Origins. If Atelier Origins cannot find any defects described above, the product will be sent back to the customer.
Note that repair/replacements will be charged in the following cases, even during the warranty term.
- Failure or damage caused by improper use or carelessness (knocks, dents, crushing, broken crystal, broken marble, scratches in wood products, etc.)
- Failure or damage caused by unjustifiable repair or modification
- Failure or damage caused by fire or water, or a natural disaster such as for example an earthquake
- Esthetical changes that occur during normal wear and tear and aging (minor scratches, etc.; on the case and/or crystal, alteration of the color on the rug/kilim/pillow and the peeling of the plating)
This warranty warrants that you can receive free replacement in accordance with the terms set forth herein and within the specified term and shall not restrict any lawful right of the Buyer.
Atelier Origins has the right to adjust prices, involve additional cost, and change product information such as product pictures and offers on this Website without notice. The product images and information texts available reflect the product as much as possible. We reserve the right for any errors that may appear on the page and cannot guarantee that all pictures accurately reflect the true appearance of the watch. The pictures may differ depending on the color settings on your computer. All pictures should be seen as illustrations only, and do not guarantee correct appearance and characteristics.
Deliveries are made in cooperation with the contracted carrier firm.
It is important that you as a customer carefully check the product box and package as well as the exterior appearance of your products and your products itself when you receive your shipment in order to verify that the products are not damaged and correct. If your product is damaged in transport, the product box is open or damaged, your product has an extraordinary circumstance (missing or broken/damaged or wrong product) you must report this with your return label, invoice, delivery note together with your product and its accessories as soon as possible to the [•] carrier. We will get back to you as soon as possible by inspecting the product(s) and your request. It is in all types of returns extremely important that the product is packaged in such a way that it cannot be damaged during transit. Otherwise, any claim regarding the damaged products cannot be requested. If the item has been discontinued, the Buyer will receive a full refund. In the case that a returned product has no defects or faults, Atelier Origins will send the product back to the Buyer. The terms with regards to the return procedure determined in “WITHDRAWAL RIGHT”, where appropriate.
Any complaints shall be made to our customer service through our contact form on the contact page. Please supply the order number and the reason for the complaint and we will get back to you shortly.
Atelier Origins responsibility for errors in connection to delivery is limited to existing terms and conditions of this Agreement. Atelier Origins bears no direct or indirect responsibility for example, but not limited to, incompatibility, delivery delays, downtime, data loss, additional work, or other economic harm.
Atelier Origins shall be exempt from liability for damages and other penalties on the performance of the contract prevented, hindered or delayed by circumstances beyond our control. As the release factor should be considered include government intervention, new/amended legislation, lack of state, war, fire, flood, labor disturbance, prohibitions, restrictions, sabotage, poor transport or weather conditions or lack of delivery from suppliers and the company is exposed to criminal activity that affects activities.
INTELLECTUAL PROPERTY RIGHTS
All intellectual and industrial property rights, such as trademarks and copyright, on the Website and in the material published on it are owned by Atelier Origins or its subsidiaries or licensors. Any use of the site or its content, including copying or storing such content in whole or part, other than for your own personal, non-commercial use, is prohibited without the permission of Atelier Origins.
The website may include user-generated content, for example social media applications. Atelier Origins does not claim any ownership in rights in such content (images, photos, and videos etc.) and take no legal responsibility for it. In case you suspect a violation of copyright, or any other right, or otherwise is offended by such content, please contact our customer service.
All frauds are reported to the authorities and Atelier Origins reserves the right to cancel the purchase if any suspicion is raised.
The province and city consumer arbitration committees in the residential address of the Buyer or in the place where the consumer transaction is executed up to the monetary limits determined annually by the Ministry of Trade, and the consumer courts for above such limits have jurisdiction of any dispute arising from the Agreement and your use of the Website.
Atelier Origins reserves the right to terminate your account and/or your use of the Website at its sole discretion. For example, if Atelier Origins suspects that you have breached this Agreement. Such termination can be made without prior notice.
Atelier Origins may revise the terms of this Agreement from time to time. Every time you order a product from us, the Agreement in force at that time will apply to the relationship between you and Atelier Origins. You should therefore periodically visit this page to review the then-current terms to which you are bound.
This Agreement is executed on [•]. The Buyer hereby agrees and declares that the Buyer has been fully informed about the issues in Article 5 of the Regulation and approves the order and acknowledges its obligation to pay. The Buyer accepts and declares that by executing this Agreement online, the Buyer has been fully informed about the product(s) and the Parties and the Buyer confirms that the Buyer’s information provided hereof is correct.