Shipping and Return Policy

DISTANCE SALES AGREEMENT

1. PARTIES

This Agreement is entered into between the following parties under the terms and conditions set forth below.

1. ‘BUYER’ (hereinafter referred to as the “BUYER”)
Full Name:
Address:

2. ‘SELLER’ (hereinafter referred to as the “SELLER”)
Trade Name:
Address:
Email:

By accepting this Agreement, the BUYER acknowledges and agrees that, upon confirming the order subject to this Agreement, the BUYER shall be obliged to pay the order amount, including any applicable shipping fees, taxes, and other specified additional charges. The BUYER further confirms that they have been duly informed by reviewing and examining all general and specific explanations on the relevant sections/pages of the WEBSITE, and that they have read and understood the Privacy and Security Policy and the Personal Data Protection documents, which constitute an integral part of this Agreement.

3. DEFINITIONS

For the purposes of the implementation and interpretation of this Agreement, the following terms shall have the meanings set forth below:

MINISTER: The Minister of Customs and Trade
MINISTRY: The Ministry of Customs and Trade
LAW: Consumer Protection Law No. 6502
REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014 / 29188)
SERVICE: Any consumer transaction other than the supply of goods, performed or committed to be performed in return for a fee or benefit
SELLER: The company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf of or for the account of such company
BUYER: A natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes
SITE: The internet website owned by the SELLER
ORDERING PARTY: A natural or legal person requesting a good or service through the SELLER’s website
PARTIES: The SELLER and the BUYER
AGREEMENT: This Distance Sales Agreement concluded between the SELLER and the BUYER
GOODS: Movable goods subject to shopping and intangible goods such as software, audio, video, and similar digital content prepared for use in electronic environments

4. SUBJECT

This Agreement regulates the rights and obligations of the Parties, in accordance with Law No. 6502 and the Regulation on Distance Contracts, regarding the sale and delivery of the product(s) whose specifications and sales price are stated below, ordered electronically by the BUYER through the SELLER’s website (including transactions conducted via mobile applications).

Prices listed and announced on the website are sales prices. Announced prices and commitments remain valid until updated or changed. Prices announced for a specific period remain valid until the end of the specified period.

The Parties acknowledge and declare that they are aware of and understand their obligations and liabilities arising from Law No. 6502 and the Regulation on Distance Contracts under this Agreement.

5. SELLER INFORMATION

Trade Name: HOMARTİSAN
Address: Büyükdere Avenue No: 255, Nurol Plaza B.02, Maslak, Sarıyer, Istanbul, Türkiye
Email: info@homartisan.com
MERSIS No:

6. BUYER INFORMATION

Recipient Name
Delivery Address
Billing Address
Telephone
Fax
Email / Username

7. INFORMATION ON THE CONTRACTUAL PRODUCT(S)

The essential characteristics of the goods/products/services (type, quantity, brand/model, color, number) are published on the SELLER’s website. If a campaign is organized by the SELLER, the essential characteristics of the relevant product may be reviewed during the campaign period.

The total sales price of the goods or services subject to this Agreement, including all taxes, is shown below.

Product Description
Quantity
Unit Price
Subtotal (VAT Included)
Shipping Cost
Total:

Payment Method and Plan
Delivery Address
Recipient
Order Date
Delivery Date
Delivery Method

Unless explicitly stated otherwise, shipping costs shall be borne by the BUYER. Depending on campaigns announced on the WEBSITE at the time of sale, the SELLER may partially or fully cover shipping costs.

8. BILLING INFORMATION

Name / Trade Name
Address
Telephone
Email / Username

Invoice Delivery: The invoice shall be delivered together with the order to the billing address at the time of delivery.

9. GENERAL PROVISIONS

9.1 The BUYER acknowledges, declares, and undertakes that they have read and been informed of the preliminary information regarding the essential characteristics of the product subject to the Agreement, its sales price, payment method, and delivery conditions as published on the SELLER’s website, and that they have provided the necessary confirmation electronically.

The BUYER further acknowledges, declares, and undertakes that, by electronically confirming the Preliminary Information prior to the conclusion of the distance sales agreement, they have obtained, in a complete and accurate manner, the address required to be provided by the SELLER, the essential characteristics of the ordered products, the prices of the products including all applicable taxes, as well as the payment and delivery information.

9.2 Each product subject to the Agreement shall be delivered to the BUYER or to the person and/or entity designated by the BUYER at the specified address within the period stated in the preliminary information on the website, depending on the distance of the BUYER’s place of residence, provided that such period shall not exceed the statutory limit of 30 (thirty) days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the Agreement.

Delivery periods and conditions may vary in cases of force majeure such as strikes, lockouts, natural disasters, uprisings, public disturbances, nuclear risks and hazards, war, invasion, revolution, civil war, sabotage, and fire; during discount periods; and in situations arising from the BUYER (including absence at the delivery address, lack of an authorized recipient, relocation of the BUYER, etc.).

In the event that the BUYER is not personally present at the delivery address at the time of delivery and the persons present at the address refuse to accept delivery, the SELLER shall be deemed to have duly fulfilled its delivery obligation. If no person is available at the delivery address to receive the shipment, it shall be the BUYER’s responsibility to contact the courier company and track the delivery of the products.

If the product is to be delivered to a person or entity other than the BUYER, the SELLER shall not be held liable for the absence of such person or entity at the delivery address or for their refusal to accept delivery. In such cases, any and all damages arising from the delayed receipt of the product by the BUYER, as well as any costs incurred due to the product being held by the courier company and/or returned to the SELLER, shall be borne by the BUYER.

9.3 The SELLER accepts, declares, and undertakes to deliver the product subject to the Agreement in full, in compliance with the specifications stated in the order, together with any applicable warranty certificates, user manuals, and all information and documents required by the nature of the product; to perform its obligations in accordance with applicable legislation, in a sound and standard-compliant manner, free from any defects, and in line with the principles of accuracy and good faith; to maintain and improve service quality; and to exercise the necessary care and diligence, acting with prudence and foresight during the performance of the Agreement.

At the time of delivery, the BUYER shall inspect the product and sign the delivery report. By signing this delivery report, the BUYER or the person acting on behalf of the BUYER shall be deemed to have declared that the product has been received in full, complete, and free from damage.

If the BUYER identifies any issue arising from the shipment, the BUYER is obliged to refuse acceptance of the product and to have an official report prepared by the authorized representative of the courier company. Otherwise, the SELLER shall not accept any liability.

9.4 The SELLER may, prior to the expiration of the performance period arising from the Agreement, supply a different product of equal quality and price, provided that the BUYER is informed in advance and the BUYER’s explicit consent is obtained.

9.5 In the event that the performance of the ordered product or service becomes impossible and the SELLER is unable to fulfill its contractual obligations, the SELLER accepts, declares, and undertakes to notify the BUYER in writing within 3 (three) days from the date on which it becomes aware of such situation, and to refund the total amount paid to the BUYER within 14 (fourteen) days.

9.6 The BUYER accepts, declares, and undertakes that it will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that in the event the price of the product is not paid for any reason and/or the payment is canceled or reversed in bank records, the SELLER’s obligation to deliver the product subject to the Agreement shall cease.

9.7 The SELLER has the right to contact the BUYER for communication, marketing, notifications, and other purposes via mail, e-mail, SMS, telephone calls, and other means, using the address, e-mail address, landline and mobile phone numbers, and other contact details provided by the BUYER in the website registration form or subsequently updated by the BUYER. By accepting this Agreement, the BUYER accepts and declares that the SELLER may carry out the above-mentioned communication activities directed toward the BUYER.

9.8 In the event that the BUYER and the holder of the credit card used during the ordering process are not the same person, or if a security vulnerability relating to the credit card used in the order is detected prior to the delivery of the product to the BUYER, the SELLER may request the BUYER to submit the identity and contact information of the credit card holder, a copy of the credit card statement for the month preceding the order, or a written confirmation from the cardholder’s bank stating that the credit card belongs to the cardholder.

The order shall be suspended until the requested information and/or documents are provided by the BUYER. If such requests are not fulfilled within 24 (twenty-four) hours, the SELLER shall have the right to cancel the order.

9.9 The BUYER declares and undertakes that all personal and other information provided while registering on the SELLER’s website is accurate and truthful, and that the BUYER shall immediately indemnify the SELLER, in cash and in full, upon the SELLER’s first notice, for any and all damages incurred by the SELLER due to the inaccuracy or falsity of such information.

9.10 The BUYER accepts and undertakes in advance to comply with all applicable laws and regulations while using the SELLER’s website and not to violate any such provisions. Otherwise, all legal and criminal liabilities arising therefrom shall belong exclusively to the BUYER.

9.11 The BUYER may not use the SELLER’s website in any manner that disrupts public order, violates public morals, is disturbing or harassing to others, is intended for unlawful purposes, or infringes upon the material or moral rights of third parties.

Furthermore, the BUYER may not engage in any activities that prevent or hinder others from using the services, including but not limited to spam, viruses, Trojan horses, and similar malicious actions.

9.12 The SELLER’s website may contain links to other websites and/or content that are not under the SELLER’s control and that are owned and/or operated by third parties. Such links are provided solely for the convenience of the BUYER and do not constitute an endorsement of any website or of the persons operating such websites, nor do they imply any guarantee regarding the information contained on the linked websites.

9.13 şbu sözleşme içerisinde sayılan maddelerden bir ya da birkaçını ihlal eden üye işbu ihlal nedeniyle cezai ve hukuki olarak şahsen sorumlu olup, SATICI’yı bu ihlallerin hukuki ve cezai sonuçlarından ari tutacaktır. Ayrıca; işbu ihlal nedeniyle, olayın hukuk alanına intikal ettirilmesi halinde, SATICI’nın üyeye karşı üyelik sözleşmesine uyulmamasından dolayı tazminat talebinde bulunma hakkı saklıdır.

9.14 İnternet sitemiz tüketicilere yönelik olup Ticari/Toptan satış amaçlı değildir. Tüketici olarak kullanması amacıyla satılan ürünlerin , tanımlanan indirim oranın ve kart ayrıcalıklarının ticari amaçla kullanıldığının tespit edilmesi halinde HOMARTİSAN; tek taraflı olarak indirim oranını kaldırabilir ve Ticari alımları ürün adedinden bağımsız iptal edebilir. HOMARTİSAN, internet sitesi üzerinden alınan siparişlerdeki adetleri herhangi bir sebep göstermeden iptal etme ve sınırlandırma hakkına sahiptir. Bu sınırlama aynı müşteri hesabından, aynı kredi kartı kullanılarak, aynı fatura veya teslimat adreslerini içeren, toptancı, bayi tarafından veya yeniden satılmak amacı ile verildiği düşünülen siparişlere uygulanabilir. HOMARTİSAN 1 gün içerisinde aynı kişi tarafından verilebilecek sipariş adedini 2; aynı sepete eklenebilecek aynı çeşit ürün adedini 5 olarak belirlemiştir. Eğer farklı adres, kredi kartı, mail adresi, telefon numarası vb. farklılaştırma unsurları kullanılarak bu adetlerin üstüne çıkıldığının tespit edilmesi halinde, HOMARTİSAN önceden haber vermeksizin bu siparişleri iptal veya iade etme hakkına sahiptir. HOMARTİSAN; istediği anda ve önceden bildirmeksizin fiyat ve kampanyalarda değişiklik yapma, site yayınını durdurma ya da site özelliklerini değiştirme hakkına sahiptir.

10. RIGHT OF WITHDRAWAL

The Consumer has the right to withdraw from the contract within 14 (fourteen) days without providing any reason and without paying any penalty.
In contracts for the sale of goods, the withdrawal period shall commence on the day the goods are received by the Consumer or by a third party designated by the Consumer. However, the Consumer may also exercise the right of withdrawal during the period from the conclusion of the contract until the delivery of the goods.

In determining the withdrawal period:
a) In the case of goods consisting of a single order but delivered separately, the day on which the Consumer or the third party designated by the Consumer receives the last good,
b) In the case of goods consisting of multiple parts, the day on which the Consumer or the third party designated by the Consumer receives the last part,
c) In contracts involving the regular delivery of goods over a specified period, the day on which the Consumer or the third party designated by the Consumer receives the first good,
shall be taken as the basis.

To initiate the return process, a return request must be submitted via e-mail to info@homartisan.com.
It is sufficient for the notification regarding the exercise of the right of withdrawal to be sent in writing or via a durable data storage medium before the expiration of the withdrawal period. When exercising the right of withdrawal, the Consumer may submit an explicit statement declaring the decision to withdraw.

A Consumer who exercises the right of withdrawal must return the product to the Seller within 14 (fourteen) days. If the right of withdrawal is not exercised within the specified period, the Consumer shall forfeit this right.

Returns of products whose original packaging has been damaged, which have lost their resalable condition, or which are no longer suitable for resale to another customer are not accepted. All labels and tags of the product to be returned must remain attached to the product.
The exchange card, delivery note, or a copy of the invoice must be sent together with the product to be returned.
The return shipping cost for products to be returned shall be covered by our company. To benefit from free return shipping, after submitting your return request to info@homartisan.com, you must ship the product in accordance with the instructions provided by the system, using our contracted courier company.
If the return is made via a courier company other than our contracted courier, the products must be delivered to the following address:
Büyükdere Caddesi No: 255, Nurol Plaza B.02, Maslak, Sarıyer, Istanbul.
In such cases, the shipping costs shall be borne by the Buyer.
Returned products are first inspected by HOMARTİSAN. If the products comply with the above conditions, the return process is initiated. Once the return is approved, the Buyer will be informed via an e-mail titled “Your Return Has Been Approved.” Following this notification, the product price shall be refunded to the Buyer’s credit card within the statutory period of 14 (fourteen) business days.
(Banks may take up to approximately three weeks to reflect the refund in the Buyer’s account.)

11. DEFAULT AND ITS LEGAL CONSEQUENCES

In the event that the BUYER defaults on its payment obligations where payment is made by credit card, the BUYER accepts, declares, and undertakes that it shall pay interest and be liable to the cardholder bank in accordance with the credit card agreement concluded between the BUYER and the relevant bank.

In such a case, the relevant bank may pursue legal remedies and may claim from the BUYER any costs and attorneys’ fees incurred. In any event, if the BUYER defaults on its debt, the BUYER accepts, declares, and undertakes to compensate the SELLER for any and all losses and damages incurred by the SELLER due to the delayed performance of the obligation.

12. COMPETENT COURT AND APPLICABLE LAW

This Agreement has been executed in accordance with the laws of the Republic of Türkiye, and its validity and binding effect shall be governed by Turkish law.

In the event of any dispute arising from the implementation of this Agreement, the Courts of Istanbul shall have jurisdiction.

With respect to complaints and objections, applications may be made to the Provincial or District Consumer Arbitration Committees within the monetary limits determined each year by the Ministry of Trade of the Republic of Türkiye. For disputes exceeding such limits, the Consumer Courts and Enforcement Offices located at the SELLER’s place of residence shall have jurisdiction.

In the resolution of any dispute arising from and/or related to this Agreement, the records of the SELLER (including magnetic records such as computer and audio records) shall constitute evidence; the rights of the parties arising from mandatory statutory provisions remain valid and reserved.

13. ENTRY INTO FORCE

Upon completing the payment for the order placed via the Website, the BUYER shall be deemed to have read and accepted all the terms and conditions of this Agreement, as well as all provisions and explanations set forth in the pre-information and order-related disclosures (published on the WEBSITE), which form an integral part of this Agreement. The BUYER acknowledges that they have been informed in advance, including but not limited to the right of withdrawal and the terms regarding personal data and electronic communications, that they have reviewed all such information electronically on the WEBSITE, and that they have given their electronic confirmation, approval, acceptance, and consent accordingly, thereby placing the order for the Product and accepting the provisions of this Agreement.

The SELLER is obliged to implement the necessary technical and software arrangements to obtain the BUYER’s confirmation that this Agreement has been read and accepted on the Website prior to the completion of the order.

This Distance Sales Agreement, consisting of thirteen (13) articles, has been read by the Parties and concluded and entered into force on ……… (date) at ……… (time) upon being approved electronically by the BUYER on the transaction date. A copy of this Agreement has been sent in electronic format to the BUYER’s e-mail address specified in Article 1 of this Agreement.

SELLER:

BUYER:

DATE: