Distance Sales Agreement

ARTICLE 1 - PARTIES

1.1. SELLER:

Title: (Master Style) KAPTAN FOREIGN TRADE INSAAT SANAYI LIMITED SIRKETI

Address: Master Stil Ferah Neighborhood Kartal Street No: 1 Interior Door No: 3 Üsküdar/Istanbul

Tax Office/No: ÜSKÜDAR VD: 4991404921

Phone: +90 507 409 10 34

Fax: + 90 212

Email: info@masterstil.com

MERSIS Number: 

Website: www.masterstil.com    

 

1.2 BUYER

Name-Surname/

Title :

Address :

Telephone :

Email :

ARTICLE 2 - SUBJECT

The subject of this contract is to determine the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers numbered 6502 ("Law") and the Distance Contracts Regulation ("Regulation") regarding the sale and delivery of the product, the features and sales price of which are specified below, which the BUYER ordered electronically from the SELLER's internet site www.masterstil.com ("Website").

ARTICLE 3 - PRODUCT SUBJECT TO THE CONTRACT

The total price of the product(s) subject to the contract, including Value Added Tax (VAT), is as stated on the website. The type, quantity, brand/model, size, color, quantity, and sales price of the goods/products or services are as stated in the "Product Details" section of the www.masterstil.com website. No additional costs are imposed on consumers related to the pricing schedule due to the use of the website you use to place an order.

 

Product Name Color Size Product Code Piece Price Total

Subtotal:

Cargo :

Cart Amount:

Free Store Pickup:

Total:

Delivery Method:

It will be delivered to the BUYER's address via Hepsi Jet, the cargo company with which the SELLER has a contract.

Delivery Address :

Person to be Delivered:

Billing Address :

Delivery Date:

Shipments will begin within 5 (five) business days from the date the order is placed. In the event of a problem with the shipment, this period may be extended up to a maximum of 30 days from the day the order is submitted, in accordance with Consumer Legislation. SELLER may not be able to deliver the product subject to the contract within the specified timeframe due to extraordinary circumstances such as force majeure, pandemics declared by the World Health Organization, war, mobilization, martial law, curfews declared throughout Turkey or in certain provinces affecting cargo operations, adverse weather conditions preventing shipment, or transportation interruptions. In such cases, SELLER will provide the necessary notifications to BUYER.

Shipping Fee:

The product(s) subject to the contract are delivered to the BUYER or the person/organization at the address specified by the SELLER by the contracted cargo company (Hepsi Jet) within the period specified in the preliminary information form on the Website, depending on the distance of the BUYER's place of residence, provided that it does not exceed 30 days from the date of order.

ARTICLE 4 - GENERAL PROVISIONS

4.1. The BUYER declares that he / she has read and is aware of the preliminary information regarding the basic characteristics of the contractual product, the sales price including all taxes, the payment method, delivery and the costs of which will be covered by the BUYER, the delivery period and the full commercial title, full address and contact information of the SELLER on the www.masterstil.com website and has given the necessary confirmation electronically.

4.2. The BUYER accepts that the provisions of this contract do not constitute unfair terms and that there is no injustice in terms of the balance of interests.

4.3. The product or products subject to the contract will be delivered to the BUYER or the person/organization at the address specified by the BUYER within the period specified in the preliminary information form on the website, depending on the distance of the BUYER's place of residence for each product, provided that it does not exceed the legal 30-day period.

4.4. If the product or products subject to the contract are to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to whom the product is to be delivered does not accept the delivery.

4.5 . Even if the Buyer is not present at the address at the time of delivery, the SELLER will be deemed to have fully and completely fulfilled its obligation. Therefore, any damages arising from the Buyer's late receipt of the product, as well as any expenses incurred while the product is waiting at the cargo company and/or the cargo's return to the SELLER, are the responsibility of the BUYER.

4.6 . The SELLER is responsible for delivering the product subject to the contract in a sound and complete manner, in accordance with the specifications specified in the order, and with warranty documents and user manuals where required by legislation.

4.7. If the SELLER cannot fulfill its contractual obligations due to the impossibility of fulfilling the ordered product or service, it shall notify the consumer in writing or via a permanent data provider within 3 (three) days from the date of learning of this situation and refund all payments collected, including delivery costs, if any, within 14 (fourteen) days from the date of notification.

4.8 . If the SELLER is unable to deliver the product subject to the contract within the specified time due to extraordinary circumstances such as force majeure, situations declared a pandemic by the World Health Organization, war, mobilization, martial law, curfew declared throughout Turkey or in certain provinces affecting cargo operations, adverse weather conditions preventing transportation, or transportation interruption, the SELLER is obligated to notify the BUYER of the situation. In such cases, the BUYER may exercise one of its rights to cancel the order and/or postpone the delivery time until the preventing situation is eliminated. In the event of cancellation of the order by the BUYER, the amount paid shall be paid in cash and in a lump sum within 14 (fourteen) days.

4.9 . For the delivery of the product subject to the contract, this contract must be accepted by the BUYER online, in a virtual environment, when the BUYER places an order on www.masterstil.com, sent to the BUYER by the SELLER via email, and paid using the payment method chosen by the BUYER. If, for any reason, the product price is not paid or is cancelled in bank records, the SELLER is deemed to be released from its obligation to deliver the product.

4.10. If the relevant bank or financial institution fails to pay the price of the product to the SELLER due to the unfair or illegal use of the BUYER's credit card by unauthorized persons, not due to the BUYER's fault, after the delivery of the product, the product or its price must be returned to the SELLER within 3 (three) days, provided that it has been delivered to the BUYER. In this case, the shipping costs are the responsibility of the BUYER.

4.11. In payments made by the BUYER via credit card, the product amount will be refunded to the relevant bank within 14 (fourteen) days after the order is cancelled by the BUYER. Since the reflection of this amount in the BUYER's account after its return to the bank depends entirely on the bank transaction process, the BUYER acknowledges and agrees that the SELLER cannot intervene in any way for possible delays and that the time it takes for the amount refunded to the SELLER's credit card to be reflected in the BUYER's account is not the SELLER's responsibility.

4.12. In cases where the BUYER can exercise his right of withdrawal except for personalized products, or in cases where the product in question cannot be supplied for various reasons, or where the Arbitration Committee decides to refund the price to the Consumer, if the purchase was made by credit card and in installments, the procedure for refunding the credit card is stated below;

The bank may reimburse the BUYER in installments and the same number of installments as the BUYER purchased the product. After the SELLER pays the bank the full price of the product in one lump sum, if the installment payments made through the bank POS are refunded to the BUYER's credit card, the requested refund amounts may be transferred to the holder's accounts in installments by the bank to prevent any aggrieved parties. The installment amounts paid by the BUYER up to the date of the sale cancellation will be reflected on the card once each month, unless the refund date coincides with the card's statement date. The BUYER will receive the installments paid before the refund for an additional month after the sale installments are completed, equal to the number of installments paid before the refund, and may be deducted from their existing debts. In the case of a return of goods and services purchased with a credit card, the SELLER, in accordance with the agreement with the bank, cannot pay the Customer in cash. Refunds to the credit card may be made by the bank in accordance with the procedure above, after the SELLER has paid the amount to the bank in one lump sum.

4.13 . In case Master Stil detects any misuse of Master Stil's campaigns published on the www.masterstil.com website, the sales system or the website by taking advantage of any vulnerability (technical etc.) of the www.masterstil.com website, causing damage to Master Stil, gaining an unfair advantage, performing repeated practices, acting in a manner that does not comply with the facts, benefiting from the campaign or sales conditions despite not meeting them, Master Stil has the right to cancel the transaction in question, to terminate the user's membership and to terminate the sales contract unilaterally and immediately, in addition to all of Master Stil's rights arising from the law.

4.14. In the case of sales of promotional products that include stock limitations based on the number of orders on the product page, in the event of a purchase exceeding the terms of the campaign (ordering twenty or more of the same product) due to systemic disruptions, infrastructure problems, etc., and/or in the event of a bulk purchase that is not considered a consumer purchase, the exceeding purchase will be invalidated and the order will be canceled. In this case, all payments collected, including the delivery fee, will be refunded to the Consumer within two days of the order cancellation date. If the BUYER wishes to order more than 20 (twenty) products, they may submit their request by contacting info@masterstil.com. The SELLER has the sole discretion to accept or reject the order request.

4.15 . SELLER has the right to unilaterally cancel an order and/or transaction that creates a reasonable suspicion of fraud, without the Buyer's approval, and the Buyer has no right to make any claims against the Seller due to the cancellation of this order and/or transaction.

4.16. The BUYER is solely responsible for proving that the product content, including any photos and layouts uploaded to personalize the products, is accurate and original, and that the use of such product content does not violate third-party rights, particularly their personal and intellectual property rights. By placing an order for a product, the BUYER acknowledges that they have approved the order content and that the order is ready for printing as submitted.

4.17 . If product prices are stated on the website at prices significantly below market prices, which would be obvious to the average person as a clear error, the SELLER has the right to unilaterally cancel all orders placed based on this incorrect price. The BUYER acknowledges and declares that it will not assert any rights or claims based on this obvious error in such a case.

4.18 www.masterstil.com may feature multiple campaigns offering discounts or gifts for use within the scope of products offered by the SELLER. The BUYER is entitled to benefit from only one of these campaigns, and multiple campaigns cannot be used together within the same purchase by the BUYER. The SELLER reserves the right to immediately cancel any orders placed using campaigns that were inadvertently offered together due to a system error on the Website. Furthermore, under this agreement, Master Stil will not provide Gift Club membership to the Member. Therefore, Gift Points earned by the BUYER through Gift Club membership will not confer any rights or benefits on the BUYER under any provision of this agreement.

4.19. Within the scope of this agreement, the BUYER may upload images/personal data belonging to third parties after providing the necessary information and obtaining the necessary permissions when personalizing products through the www.masterstil.com website. In this case, the BUYER acknowledges and undertakes that it has all necessary permissions to upload images/personal data of third parties and that the use of these images/personal data will not cause any harm to third parties and/or Master Stil. In fact, if any damage is caused to Master Stil and/or third parties as a result of the BUYER uploading images/personal data belonging to third parties, the BUYER acknowledges and undertakes that it will be solely liable to Master Stil for compensation for such damage.

4.20. The BUYER acknowledges, declares, and undertakes that the product purchased is for personal use and that it will not sell the personalized products ordered for commercial purposes to third parties or gain actual profit through this or any other means. If the BUYER sells the product personalized and purchased through the website to third parties in violation of this article or gains actual profit through any other means, the BUYER will be solely responsible for any damages Master Stil and/or third parties may incur as a result. In this context, the BUYER acknowledges that it has the right of recourse if Master Stil makes any payment and will cover such damages upon first request.

ARTICLE 5 - DEBTOR'S DEFAULT

In the event of BUYER's default, BUYER agrees to pay SELLER's losses and damages arising from delayed performance of the obligation. If either party fails to fulfill its obligations arising from this agreement, the debtor will be deemed to be in default pursuant to general provisions. If the defaulting party fails to fulfill its obligation within the specified time without justified cause, the other party will grant the non-performing party a period of seven (7) days to fulfill the obligation. If the obligation is not fulfilled within this period, the non-performing party has the right to withdraw from the agreement and make the other party pay the damages arising from the non-performance of the agreement. In the event of default, the interest rate will be the overnight borrowing rate of the Central Bank of the Republic of Turkey (CBRT). If the parties fail to fulfill their obligations from their resources under this agreement, the provisions regarding "Debtor's Default" in Articles 117 et seq. of the Code of Obligations will apply. In cases of default, if either party fails to perform its obligations within the specified timeframe without justifiable cause, the other party will grant the non-performing party a seven-day period to perform the obligation. If the obligation is not fulfilled within this period, the non-performing party will be deemed to be in default, and the creditor has the right to demand performance of the obligation, delivery of the goods, termination of the contract, and refund of the price.

If the SELLER cannot deliver the product subject to the contract within the specified time due to force majeure, situations declared as a pandemic by the World Health Organization, war, mobilization, martial law, curfews declared throughout Turkey or in certain provinces affecting cargo operations, adverse weather conditions preventing transportation, transportation interruptions, fire, earthquake, flood, etc., the BUYER acknowledges that the SELLER has no liability in such cases. In such cases, the BUYER may exercise one of the following rights: cancellation of the order or postponement of delivery until the impeding situation is resolved. The Cash on Delivery service fee is non-refundable.

ARTICLE 6 - RIGHT OF WITHDRAWAL

6.1- LEGAL RIGHT OF WITHDRAWAL

The legal right of withdrawal is not possible for personalized products due to legislation, and non-personalized products are not sold on the www.masterstil.com website. Therefore, the BUYER will not have a legal right of withdrawal for personalized products purchased through the website.

6.2-EXCEPTIONS TO THE LEGAL RIGHT OF WITHDRAWAL

BUYER cannot exercise his right of withdrawal in the contracts listed in Article 15 of the Distance Contracts Regulation:

 

  1. a) Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller or provider.

  2. b) Contracts regarding goods prepared in line with the consumer's wishes or personal needs.

  3. c) Contracts for the delivery of goods that are perishable or may expire quickly.

d) Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable for health and hygiene reasons.

  1. d) Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.

  2. e) Contracts regarding books, digital content and computer consumables presented in physical form, if protective elements such as packaging, tape, seal, package are opened after delivery of the goods.

  3. f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement.

  4. g) Contracts regarding accommodation, goods transportation, car rental, food and beverage supply and the utilization of free time for entertainment or recreation purposes, which must be made on a specific date or period.

g) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.

  1. h) Contracts regarding services that begin to be performed with the consumer's approval before the expiration of the right of withdrawal period.

In addition, the right of withdrawal cannot be exercised for products that cannot be returned due to their nature (except in cases where the product is faulty or defective, products that may pose a health hazard after being opened, e.g. products that require direct contact with the body during use), single-use products, products that deteriorate quickly or have expired.

 

All kinds of computer software and programs, products recording audio and video on DVD, VCD, CD etc., batteries, consumables (toner, cartridge, ribbon etc.) and the exercise of the right of withdrawal are subject to the condition that the packaging of the product has never been opened and is not damaged .

6.3. RIGHT OF WITHDRAWAL WITH REGARDS TO PERSONALIZED PRODUCTS

The BUYER cannot exercise their right of withdrawal for PRODUCTS that have been produced in accordance with the BUYER's special requests or demands, or that have been personalized by making changes or additions, or that cannot be returned due to their nature. Personalized products include products that have been configured, personalized, or have text added upon request. For example, engravings, stamps, monograms, embroideries, reliefs, etchings, carvings, or prints. Personalized products cannot be returned; however, if the products are damaged/defective upon delivery, they may be refunded, replaced, or the BUYER may be able to exercise other optional rights arising from consumer legislation.

Return Policy: Printed on Demand Products (Including Ready-made Design Samples)

Within the scope of the legislation of the Republic of Turkey, the Law on Consumer Protection No. 6502 and the Distance Selling Contracts Regulation, the return conditions for products printed on order by selecting them from the ready-made design samples presented on our website are regulated as follows.

Our company prioritizes customer satisfaction. However, returns and exchanges for custom-made or custom-made products are subject to the following legal regulations and conditions:

Scope of Custom Production and Return Right

According to Article 15/g of Law No. 6502:


 The right of withdrawal (return without reason within 14 days) does not apply to "goods prepared in line with the wishes of the consumer or clearly produced for personal needs".

Since the ready-made design samples on our website are products selected by customers and printed to order, these products are also considered "personalized production upon request." Because:


  • Products are not available in stock; they are produced after customer selection.

  • The design choice is based on the customer's free will and this choice gives the product a "personalized" character.


For this reason, there is no right of return/exchange for products that are intact and compatible with the order.


Exceptional Cases: Defective Product and Legal Rights

Definition of Defective Product (Law No. 6502 Article 11):
 Your product is considered "defective" in the following cases:


  • Serious error in the design print you chose (for example: color shift, missing print, defective fabric).

  • Incompatibility with the size/color specified in the order (if caused by company error).

  • Unpackaged or damaged delivery.


Consumer Rights in Defective Products:


  • You can request a free repair, replacement or return within 30 days from the date of delivery.

  • During the return process, the product must be sent with its original packaging and invoice/label.

Things to Consider When Choosing a Ready-Made Design

Ready-made designs are presented with sample images. Color tones may vary slightly depending on screen resolution. This is not considered grounds for return.


Design selection and size/color preferences are the responsibility of the customer. Incorrect selections do not entitle you to a refund.


Return Policy Summary

Personalised printed product: There is no right of withdrawal as it is produced to order.

Defective product: Repair, exchange or return can be requested within 14 days.

Wrong design selection: Customer-caused errors are not included in the return.

For returns, please contact our customer service within 14 days with your order number and reason for return.

Products printed to order, selected from ready-made design samples, are considered "customized production" and therefore cannot be returned if they are in good condition. However, your legal rights regarding defective products are reserved. This policy complies with Turkish law.

How Does the Return Process Work?

Defective Product Notification: Notification must be made via [Contact Form] or [Customer Services] within 14 days from the product delivery date.


Inspection: Our company checks whether the product is defective or not.


Solution: If a defect is detected, a free replacement/repair or refund will be provided. The costs are the responsibility of the company.

Note : Our company's return and exchange policies are determined in accordance with Consumer Protection Law No. 6502 and relevant legislation. For detailed information, please contact our customer service.


ARTICLE 7 - INTELLECTUAL PROPERTY RIGHTS

The "Master Stil" brand and logo, the Website's design, software, domain name, and all related trademarks, designs, logos, trade dress, slogans, and all other content created by Master Stil are the property of the BUYER, along with all intellectual property rights. Utilizing the product personalization service on the Website does not constitute any granting of rights to the content to the BUYER, and the BUYER may not use, share, distribute, exhibit, reproduce, create derivative works from, or reproduce any intellectual property rights owned by Master Stil or its affiliates without the written permission of Master Stil. The BUYER may not use the Website, in whole or in part, in any other medium. If the BUYER acts in violation of the intellectual property rights of third parties and/or Master Stil while personalizing the product, the BUYER is obligated to compensate Master Stil and/or the third party for all direct and indirect damages and expenses.

The BUYER accepts, declares and undertakes that the financial and moral rights regarding the designs and visuals presented on the www.masterstil.com website and the products to be created shall belong to Master Stil, that Master Stil shall have the authority to exercise the moral rights such as the right to process, the right to reproduce, the right to distribute, the right to represent, the right to communicate to the public as stipulated in Articles 20, 21, 22, 23, 24 and 25 of the FSEK, as well as the authority to present the work to the public, the right to be identified as the owner of the work, the authority to indicate the name, the authority to prevent modifications to the work, the authority to exercise the rights of the owner of the work against the possessor and owner, as stipulated in Articles 14, 15, 16 and 17 of the FSEK, that it has obtained the necessary permissions and declarations from its employees in this regard, and that otherwise it shall compensate Master Stil for all damages that it may incur for this reason.

Master Stil accepts, declares and undertakes that all financial and moral rights regarding the products created by the BUYER using its own visuals and designs on the www.masterstil.com website will belong to the BUYER.

ARTICLE 8 SECURITY AND PROCESSING OF PERSONAL DATA

The BUYER expressly consents to the processing of his/her personal data and its transfer to third parties within the scope of the Personal Data Protection Law ("Law"). Personal data will continue to be processed as long as the BUYER remains a member of the Website.

Within the scope of the Law, the Data Controller is Master Stil Perakende Ticaret Anonim Şirketi and it agrees to comply with all its responsibilities and obligations under the Law.

BUYER's personal data are processed to provide a better shopping experience, to collect and compile statistical information, to improve commercial activities, to fulfill the responsibilities assigned to the Company by the membership agreement, and for similar purposes.

The Buyer accepts, declares and undertakes that he/she gives express consent to the transfer of his/her personal data to third parties located at home or abroad, to be determined by Master Stil, for the storage, storage and processing of these data for any purpose.

Personal Data of the BUYER is collected through this application form or, if deemed necessary, in electronic media.

The BUYER has the right, at any time, to apply to the Data Controller Company within the scope of the Law and to learn whether his/her personal data is being processed, to request information regarding the processed personal data, if any, to learn the purpose of processing the personal data and whether these data are being used in accordance with the purpose, to know the third parties to whom his/her personal data has been transferred, to request correction of errors in his/her personal data and, if a transfer has been made, to request this correction from the relevant third party, to request the deletion, destruction or anonymization of such data if the reasons requiring the processing of personal data are eliminated, and if a transfer has been made, to request that this request be communicated to the third party to whom it has been transferred, to object to any negative consequences related to the person as a result of the processed data, and to claim compensation within the framework of the law in case of damages arising from data processing in violation of the Law.

ARTICLE 9 - COMPETENT COURT

In the implementation of this agreement, Consumer Arbitration Committees, and generally the Consumer Courts in the SELLER's place of residence, have jurisdiction up to the values specified in Article 68 of the Law. If the order is confirmed, the BUYER is deemed to have accepted all terms of this agreement. The SELLER may submit complaints and objections to the Consumer Arbitration Committee or Consumer Court in the place where the goods or services were purchased or where the SELLER resides, within the monetary limits determined in accordance with Article 68 of the Law. Information regarding the monetary limits is provided below. These monetary limits shall be applied, effective from the beginning of each calendar year, by increasing them by the valuation rate determined and announced for that year in accordance with the provisions of Article 298 of Tax Procedure Law No. 213.

In case of dispute, the BUYER may apply to District/Provincial Arbitration Committees and Consumer Courts in accordance with Article 68 of the Consumer Protection Law No. 6502 and Article 6 of the Regulation on Consumer Arbitration Committees published in the Official Gazette dated 27.11.2014 and numbered 29188. Although no monetary limitation is foreseen, Consumer Courts may be applied to for disputes that may arise from consumer transactions and consumer-oriented practices.

I have read the Distance Selling Agreement, I accept and approve its contents.

This Agreement has been made for commercial purposes.

SALES PERSON:

(Master Style) Kaptan Foreign Trade Construction Industry Limited Company

BUYER: