Distance Sales Contract

1. PARTIES AND SUBJECT

This Distance Sales Agreement ("Agreement") is signed on [date] between the following parties:

SELLER

(The company name will hereinafter be referred to as "Seller".) 

BUYER

(The name and surname will hereinafter be referred to as "Buyer".)

The Seller and Buyer will hereinafter be referred to individually as "Party" and collectively as "Parties."

3. SCOPE

This Agreement regulates the rights and obligations of the Parties regarding the sale and delivery of the products specified in Article 4 below ("Products"), which the Buyer orders from the website www.wayt.studio ("Website"), including cases where transactions are made through the mobile application.

4. PRODUCTS AND PRODUCT PRICES

1. The type, quantity, brand/model, color, and all taxes included in the sale price of the products are as stated in the product's promotion page on the Website and as specified in this Agreement ("Products").
2. The prices listed on the Website are the sales prices. The listed prices are valid until updated or changed. The prices announced for a limited period are valid until the specified period ends.
3. The total sales price, including all taxes, of the Products or services subject to the Agreement is shown in the table below.

5. INVOICE INFORMATION

6. DELIVERY INFORMATION

7. INFORMATION PROVIDED TO THE BUYER IN ADVANCE

The Buyer declares that they have read, examined, and accepted the information provided on the Website and the Preliminary Information Form sent to them before entering into this Agreement regarding the following matters under this clause:

1. Basic characteristics of the Products subject to the agreement,
2. The name or title of the Seller, its headquarters address, MERSIS number, tax identification number,
3. The Seller's contact information, including address, phone number, and similar, enabling the Buyer to communicate quickly with the Seller and the identity and address of the person acting on behalf of or on account of the Seller,
4. The total price of the Products, including all taxes and delivery costs, the method of calculating the price if it cannot be determined in advance, any additional costs for shipping, delivery, and similar, and the information that these additional costs may be borne by the Buyer if they cannot be determined in advance,
5. Payment, delivery, and performance conditions and other information regarding the Products, the Seller's commitments, and the Seller's solutions for complaints,
6. Information regarding the products for which the right of withdrawal does not apply, the conditions, duration, and method of exercising this right where applicable, and the carrier foreseen by the Seller for returns,
7. The address or electronic mail information where the withdrawal notice can be sent,
8. The information that the Buyer cannot benefit from the right of withdrawal or the conditions under which the Buyer will lose the right of withdrawal in cases where the right of withdrawal cannot be exercised,
9. The information that the Buyer can apply to the Consumer Court or Consumer Arbitration Committee regarding disputes,
10. The necessary steps to establish the Agreement, such as selecting the Products, entering delivery and payment information, and confirming the order,
11. Information on how the Agreement will be stored electronically and how the Buyer can access it later,
12. The information that technical tools such as summary order form, back and change options will be provided to allow the Buyer to detect and correct data entry errors before placing an order,
13. The confidentiality rules regarding the personal data obtained by the Seller due to electronic commerce transactions,
14. The contact information of the professional organization that the Seller is a member of and the code of conduct determined by the professional organization regarding the profession,
15. Shipping restrictions foreseen for the Products,
16. The details of the conditions (special conditions) for benefiting from various opportunities that may be applied on the Website by the Seller.

8. DELIVERY

1. The delivery address specified in clause 6 of this Agreement has been personally provided by the Buyer to the Seller. The Seller is obliged to deliver the Products to the address provided by the Buyer, and the Buyer accepts, declares, and undertakes that they are responsible for ensuring that the address they provided is complete, accurate, and correct. If the Buyer requests the Products to be delivered to a third party/organization other than themselves, they must explicitly inform the Seller.
2. The delivery of the Products will be carried out by the Seller's contracted courier company/companies. If the courier company that will make the delivery does not have a branch in the location where the Buyer is situated, the Buyer must pick up the Products from another nearby branch, which the Seller will inform them about. Necessary information will be provided to the Buyer via email, SMS, or phone.
3. In case the Buyer or the person to whom the delivery will be made is not present at the address at the time of delivery, the Seller is not responsible for any damages or costs arising from the late receipt or non-receipt of the Products by the Buyer/the person to whom the delivery will be made.
4. The Buyer accepts that the delivery made to the person present at the address specified by the Buyer during the sales process will be considered as delivery to themselves. Even if the Buyer is not present at the address they provided at the time of delivery, the Seller will be deemed to have fulfilled its obligation completely.
5. All damages resulting from the late receipt of the Products by the Buyer and the costs incurred due to the Products being kept at the courier company or the return of the shipment to the Seller will be borne by the Buyer.
6. If the Buyer requests the Products to be delivered to a person/organization other than themselves, the Seller will not have any responsibility if the person/organization to whom the delivery will be made does not accept or refuse the Products. The Buyer cannot make any claims from the Seller regarding this situation.
7. The delivery of the Products to the Buyer is subject to the Buyer's acceptance of the Agreement on the Website during the sales process and payment of the price of the Products by the Buyer. If, for any reason, the price of the Products is not paid, or if the payment made by credit card is canceled by the bank, the Seller will be deemed to have been released from the obligation to deliver the Products.
8. The delivery of the Products will be made within the promised time, excluding the mobile areas of the couriers, if the Seller has sufficient stock and payment has been made. In any case, the Products will be delivered to the Buyer no later than 30 (thirty) days from the moment the Buyer's order reaches the Seller. If the Seller fails to fulfill this obligation within the specified period, the Buyer may terminate the Agreement. If the Products are prepared according to the Buyer's request or personal needs, the period specified in this clause may exceed 30 (thirty) days for the Products. In the event of the termination of the Agreement, the Seller will refund all payments, including delivery costs if any, collected within 14 (fourteen) days from the date of the termination notice.

9. PAYMENT

1. The price of the Products is as specified in Article 4.3.
2. The prices on the Website include VAT and taxes but do not include shipping costs.
3. As a rule, the shipping cost of the Products is borne by the Buyer. If it is stated on the Website that the shipping cost will be covered by the Seller, the shipping cost will be borne by the Seller.
4. The Buyer accepts, declares, and undertakes that they will confirm the Agreement electronically for the delivery of the Products, and in case the price of the Products is not paid and/or is canceled in the records of the bank or financial institution for any reason, the Seller's obligation to deliver the Products under the Agreement will end. The Buyer further accepts, declares, and undertakes that the Seller has no responsibility for payments made to the Seller by the bank or financial institution for transactions that were flagged with an error code for any reason by the bank or financial institution.
5. If the cardholder used during the order process is not the same person as the Buyer or if a security issue is detected regarding the credit card used in the order process before the delivery of the Products to the Buyer, the Seller may request the Buyer to provide identification and contact information of the cardholder, the previous month's statement of the credit card used in the order, or a letter from the bank confirming that the credit card belongs to the cardholder. The order will be frozen until the Buyer provides the requested information/documents, and if the Buyer fails to fulfill these requests within 24 (twenty-four) hours, the Seller reserves the right to cancel the order.
6. If the relevant bank or financial institution does not pay the Seller the price of the Products due to the unauthorized and unlawful use of the Buyer’s credit card by unauthorized persons after the delivery of the Products to the Buyer and if the use is not due to the fault of the Buyer, the Buyer is obliged to return the Products to the Seller.
7. For the Buyer to make payments with a credit card, they must complete the credit card information fully and accurately as requested on the Website. The Buyer can make a single payment by credit card or choose to make deferred payments by dividing the payment into installments according to the installment policy of the banks. In installment transactions, the relevant provisions of the contract signed between the Buyer and the bank ("Bank") to which the credit card belongs shall apply. The Bank may organize campaigns and offer more installments than the number chosen by the Buyer or provide services such as installment deferral. Such campaigns are at the discretion of the Bank and are not related to the Seller. From the date the credit card statement is issued, the order total will be divided into the number of installments and reflected on the credit card statement by the Bank. The Bank may not evenly distribute the installment amounts across the months considering fractional differences. The Bank has the discretion to create a detailed payment plan.
8. Since the interest rates and default interest rates to be applied in installment sales will be determined by the Bank, the Buyer accepts, declares, and undertakes that they will confirm the relevant interest rates and information on default interest with the Bank and that the provisions related to interest and default interest under the current legislation will apply within the scope of the credit card agreement between the Bank and the Buyer.
9. In case of default by the Buyer in transactions made by credit card, the Buyer shall pay interest within the framework of the credit card agreement made with the Bank and be liable to the Bank. In this case, the Bank may pursue legal remedies, demand the expenses and attorney fees from the Buyer, and the Buyer shall be liable for any damages and losses suffered by the Seller due to the delayed performance of the Buyer’s debt.
10. When the Buyer pays the sales price with credit cards, installment cards, etc., provided by banks (including financial institutions), all opportunities provided by these cards are provided directly by the institution issuing the card and/or credit and installment payments are provided. Regarding this Agreement, it is considered a cash sale rather than a credit or installment sale. The Seller’s legal rights in cases legally considered installment sales (including the right to terminate the Agreement if the installments are not paid and/or demand the payment of the remaining debt with default interest) are reserved under the relevant legislation.
11. In the case of order cancellation by the Buyer, the product amount will be refunded to the Buyer within 14 days if the payment was made in cash. If the payment was made by credit card, the product amount will be refunded to the relevant bank within 14 days after the order cancellation by the Buyer. The Buyer accepts, declares, and undertakes that the reflection of the refunded amount to the Buyer’s account after the refund by the Seller to the credit card may take an average of 2 to 3 weeks and that the Seller cannot be held responsible for possible delays as this process is entirely related to the bank's processing time.

10. SELLER'S RIGHTS AND OBLIGATIONS

1. The Seller accepts, declares, and undertakes to deliver the Products specified in the Agreement completely, in accordance with the qualities mentioned in the order, and with the necessary documents such as guarantee certificates and user manuals, free of any defects, in compliance with legal regulations, in accordance with the standards, in good faith and honesty principles, to maintain and improve service quality, to act with care and diligence, and with caution and foresight during the performance of the work.
2. Before the end of the performance obligation arising from the Agreement, the Seller may supply a different product of equal quality and price with the Buyer's explicit consent and approval. The Buyer is entirely free to give or not give this approval, and in cases where approval is not given, the contractual and legal provisions regarding order cancellation (termination of the Agreement) shall apply.
3. In cases where the fulfillment of the order becomes impossible, the Seller shall notify the Buyer in writing or electronically within 3 (three) days from the date they become aware of this situation and shall refund all payments collected, including delivery costs if any, within a maximum of 14 (fourteen) days from the date of notification. The unavailability of the Products in stock is not considered an impossibility of fulfilling the order.
4. If the delivery of the Products within the maximum legal period of 30 (thirty) days is not possible due to extraordinary circumstances beyond the Seller's control (such as adverse weather conditions, earthquake, flood, fire, etc.), the Seller shall inform the Buyer regarding the delivery. In this case, the Buyer may cancel the order, order a similar product, or wait until the extraordinary situation ends.
5. The Seller may impose restrictions on the number of products that the Buyer can order within the time frames announced on the Website. If the Buyer orders more than the quantity specified in the Website announcements, the orders may be canceled, and the product prices will be refunded to the Buyer within the legal period. The Buyer accepts, declares, and undertakes that they created the order by accepting these terms and that the Seller has the right to cancel the order if the quantity limit is exceeded.
6. The privacy and security policies and terms of use of other sites accessed through the Website are valid, and the Seller is not responsible for any disputes or negative outcomes that may arise.

11. BUYER'S RIGHTS AND OBLIGATIONS

1. The Buyer acknowledges, declares, and undertakes that placing an order through the Website implies an obligation to make payment.
2. The Buyer is responsible for inspecting the Products before accepting them; in the case of any damage or defect visible from the packaging (such as dents, breakages, or torn packaging) or caused by the shipping process, the Buyer must not accept the Products and must request the courier to record a report regarding the defect. It will be assumed that the goods/services received are undamaged and intact. After delivery, the obligation to protect the goods/services with due care falls to the Buyer. If the Buyer decides to exercise their right of withdrawal, they must return the Products without using them and include the invoice and all other documents (such as the warranty certificate and user manual) provided to the Buyer at the time of delivery.
3. The Seller is responsible for any loss or damage that occurs before the Products are delivered to the Buyer or to a third party designated by the Buyer, excluding the carrier. After delivery, the obligation to protect the Products with due care falls to the Buyer.
4. If unrequested Products are sent, no rights may be claimed against the Buyer. In such cases, the Buyer's silence or use of the Products cannot be interpreted as an acceptance of the contract. The Buyer is not required to return or store such Products.
5. If the Buyer selects the corporate invoice option when placing an order through the Website, the Seller will issue a corporate invoice. The Seller will issue the corporate invoice based on the tax identification number and tax office information provided by the Buyer on the Website. The accuracy and completeness of the information provided is entirely the responsibility of the Buyer.
6. The Seller, at its discretion, may organize various promotions for Buyers on the Website from time to time, with the conditions, content, and duration determined by the Seller. The Seller reserves the right to stop, update, or change the conditions of promotions announced on the Website at any time. The Buyer is required to review the promotion conditions before each purchase on the Website.
7. If the Buyer has received a discount or a free product (gift) or has earned or used a gift certificate, etc., by purchasing the minimum amount required for any promotion offered by the Seller, and if the right of withdrawal is exercised for all or part of the ordered products, thereby reducing the total amount below the minimum required for the promotion or otherwise invalidating the conditions of the promotion for the Buyer, the full amount of the discount (or the value of the gift product, if applicable) will be deducted from the amount to be refunded to the Buyer. If the deduction is insufficient, the remaining balance will be charged to the payment method used by the Buyer (credit card, etc.) during the purchase. If the Buyer has earned (virtual/physical) a gift certificate, points, a discount, etc., during the purchase, these will be canceled. If the Buyer has used (virtual or physical) a gift certificate, points, a discount, etc., during the purchase, the full amount will be deducted from the refund amount, and if the deduction is insufficient, the remaining balance will be charged to the payment method used by the Buyer (credit card, etc.) during the purchase. This article will also apply in all other cases where returns are made, except in cases of defective products.

12. RIGHT OF WITHDRAWAL

1. The Buyer may exercise the right of withdrawal and return the purchased Products within 14 (fourteen) days from the delivery date without assuming any legal or penal liability and without providing any justification. The Buyer may also exercise the right of withdrawal during the period between the conclusion of the Contract and the delivery of the Products.
2. The Buyer may notify the Seller of the exercise of the right of withdrawal in writing or via email.
3. For the determination of the withdrawal period;
   1. In the case of multiple items ordered in a single order and delivered separately, the period begins from the day on which the Buyer or a third party designated by the Buyer takes possession of the last item,
   2. In the case of a product consisting of multiple parts, the period begins from the day on which the Buyer or a third party designated by the Buyer takes possession of the last part,
   3. In contracts for the regular delivery of goods over a period of time, the period begins from the day on which the Buyer or a third party designated by the Buyer takes possession of the first item,
4. To exercise the right of withdrawal, the Buyer must notify the Seller within the legal period and in accordance with the applicable procedures.
5. If the right of withdrawal is exercised:
   1. The Buyer must return the Products to the Seller using the Seller's designated shipping company within 10 (ten) days from the date on which the Buyer notifies the Seller of the withdrawal.
   2. The Products to be returned must be complete and undamaged, including the packaging, standard accessories, and any other items provided as gifts with the Products (if any).
   3. The original invoice issued to the Buyer at the time of delivery must also be returned to the Seller. If the Buyer requested a corporate invoice, the Buyer must issue a return invoice for the relevant product or, if possible, reject the commercial invoice within their system within the legal period.
6. The Buyer is not responsible for any changes or deterioration in the Products resulting from their proper use in accordance with their functioning, technical specifications, and instructions during the withdrawal period. Otherwise, the Buyer is responsible for any damage to the Products.
7. The Seller is obligated to refund all payments, including delivery costs, received from the Buyer within 14 (fourteen) days from the date on which the Seller receives the notification of withdrawal from the Buyer.
8. If the Buyer sends the Products to be returned using the Seller's designated shipping company as specified in the Pre-Information Form, the return shipping cost will be borne by the Seller. If there is no branch of the Seller's designated shipping company in the location where the Buyer is situated, the Buyer may send the return using any shipping company, in which case the return shipping cost will also be borne by the Seller. If the Buyer sends the Products to be returned using a shipping company other than the one specified by the Seller in the Pre-Information Form, the return shipping cost will be borne by the Buyer, and the Seller will not be responsible for any damage that occurs during the shipping process.
9. Upon the exercise of the right of withdrawal, all contracts, agreements, and arrangements between the Buyer and the Seller are terminated without any obligation to pay any fees, compensation, or penalties.

13. CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

The Buyer cannot exercise the right of withdrawal in the following contracts:

1. Contracts related to goods or services whose prices are subject to fluctuations in financial markets and are beyond the Seller's control,
2. Contracts for goods that are prepared according to the Buyer's wishes or personal needs,
3. Contracts for the delivery of perishable goods or goods that may expire quickly,
4. Contracts for goods whose protective elements such as packaging, tape, seal, or package have been opened after delivery, making them unsuitable for return due to health and hygiene reasons,
5. Contracts for goods that, after delivery, are mixed with other products and cannot be separated by their nature,
6. Contracts for books, digital content, and computer consumables provided in physical form, where the protective elements such as packaging, tape, seal, or package have been opened after delivery,
7. Contracts for the delivery of periodicals such as newspapers and magazines, except those provided under a subscription agreement,
8. Contracts for services related to accommodation, transportation of goods, car rental, food and drink supply, and leisure activities or entertainment to be provided on a specific date or period,
9. Contracts for services executed immediately in an electronic environment or intangible goods delivered instantly to the Buyer,
10. Contracts for services that have begun to be performed with the Buyer's approval before the end of the withdrawal period.

15. RESOLUTION OF COMPLAINTS AND DISPUTES

1. The Buyer may submit their complaints to the Seller through the channels provided in the Pre-Information Form, via phone, mail, or in writing.
2. In disputes arising from this Agreement, the Provincial and District Consumer Arbitration Committees within the monetary limits determined and announced annually by the Ministry of Trade, and Consumer Courts in cases exceeding these limits, are authorized. In this context, the Buyer may apply to the Arbitration Committees and Consumer Courts in either their own place of residence or the Seller's place of residence.

16. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA

1. The Buyer acknowledges and declares that they have read and understood the Seller’s Privacy and Personal Data Protection Policy published on the Seller’s Website. The Buyer’s personal data will be processed in accordance with the Privacy and Personal Data Protection Policy. If there are processing purposes requiring the Buyer’s explicit consent, the Seller will request the Buyer’s explicit consent, in accordance with the Personal Data Protection Law No. 6698 and other relevant regulations, and will provide the option to refuse consent. In such cases, if the Buyer grants consent, their personal data may also be processed for purposes requiring explicit consent.
2. Necessary measures have been taken by the Seller, to the extent of current technological capabilities, to ensure the security of the information and transactions entered by the Buyer on the Website, depending on the nature of the information and transaction. However, since this information is entered from the Buyer’s devices, the responsibility for protecting it and ensuring that it is not accessed by unauthorized persons, including measures against viruses and other harmful applications, lies with the Buyer.
3. The Buyer declares and undertakes that the personal and other information provided during registration on the Seller’s Website is accurate, and agrees to compensate the Seller immediately and in full for any damages caused due to inaccuracies in this information upon the Seller’s first notification.
4. The Buyer agrees and undertakes from the outset to comply with and not violate legal regulations while using the Seller’s Website. Otherwise, all legal and penal liabilities arising will be entirely and exclusively the responsibility of the Buyer.
5. The Buyer may not use the Seller’s Website in any way that disrupts public order, violates general morality, disturbs or harasses others, or for illegal purposes that infringe upon the material and moral rights of others. Additionally, the Buyer may not engage in activities (such as spam, viruses, trojans, etc.) that prevent or hinder other members from using the services.
6. Links to other websites and/or content owned or operated by third parties, over which the Seller has no control, may be provided on the Seller’s Website. These links are provided for the Buyer’s convenience and do not endorse any website or the individuals operating such websites, nor do they constitute a guarantee of the information contained on those websites.
7. In case a member violates one or more of the provisions stated in this Agreement, the member will be personally liable for the legal and penal consequences of the violation and will hold the SELLER harmless from any legal and penal repercussions. Additionally, in the event of legal proceedings, the SELLER reserves the right to claim damages from the member for non-compliance with the membership agreement.

17. EVIDENCE AGREEMENT

The Parties agree, declare, and undertake that in disputes arising from this Agreement, the official books and commercial records of the Seller and the Buyer, as well as the electronic information and computer records maintained in their respective databases and servers, will constitute binding, conclusive, and exclusive evidence. This provision is accepted as an evidence agreement within the meaning of Article 193 of the Civil Procedure Law.

18. EFFECTIVENESS

This Agreement, consisting of 18 (eighteen) articles, has been read by the Parties and entered into force on the date of the transaction by the Buyer's electronic approval. The "Pre-Information Form," which was presented to the Buyer for approval and is also available as a draft on the Website before the establishment of the Agreement, and sent to the Buyer’s email address, is an integral part of this Agreement.