Terms of service

WARNING:

In accordance with the relevant law, please read the agreement text below by printing it out in 12-point bold font.

Every customer who becomes a member of and/or shops on our website is deemed to have read and accepted all the articles of the sales agreement below, without the need for any further notice and/or notification.

DISTANCE SALES AGREEMENT

1. PARTIES

This Distance Sales Agreement has been signed between the parties specified below.

SELLER (hereinafter referred to as the "SELLER" in the agreement)

Title: ………………………
Address: ………………./İstanbul
Email: ………………………….com
Phone:

BUYER (hereinafter referred to as the "BUYER" in the agreement)

Name and Surname:
Address:
Person to receive delivery:
Delivery Address:
Phone:
Email:

By accepting this agreement, the BUYER acknowledges in advance that, upon confirming the order that is the subject of the agreement, they will be under the obligation to pay the price of the ordered goods, the shipping fee, taxes, and other additional charges, and that they have been informed accordingly.

2. DEFINITIONS

In the implementation and interpretation of this agreement, the terms written below shall mean the explanations written next to them.

LAW: Law No. 6502 on Consumer Protection,
REGULATION: The Regulation on Distance Contracts,
SELLER: The person who offers goods to the consumer within the scope of their commercial or professional activities,
BUYER: The natural or legal person who purchases a product for non-commercial or non-professional purposes,
SITE: The website belonging to the SELLER,
ORDERING PARTY: The natural or legal person who requests a good or service through the website belonging to the SELLER,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This agreement concluded between the SELLER and the BUYER,
PRODUCT: The movable good that is the subject of the purchase under this agreement.

3. SUBJECT AND SCOPE OF THE AGREEMENT

This Distance Sales Agreement ("Agreement") has been drawn up in accordance with Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.

The subject of this Agreement is to regulate the rights and obligations of the parties, in accordance with the provisions of the "Law" and the "Regulation," regarding the sale and delivery of the product whose qualities and sale price are specified on the website, which the BUYER has ordered electronically through the SELLER's website at the domain www.sunsetmagic.studio. (OPTION 1)

The subject of this Agreement is to determine the rights and obligations of the parties, in accordance with the provisions of the "Law" and the "Regulation," regarding the sale and delivery of the product with the qualities specified on this website, which the BUYER has ordered electronically for the purchase of the PRODUCT belonging to A Ticaret from the website at the domain www.sunsetmagic.studio. (OPTION 2)

4. INFORMATION ON THE PRODUCT SUBJECT TO THE AGREEMENT

4.1. The basic qualities of the product are published on the SELLER's website.

4.2. The prices listed and announced on the site are the sale prices. The announced prices and commitments are valid until updated or changed. Prices announced for a limited period are valid until the end of the period specified on the site.

4.3. The shipping fee, which is the product dispatch cost, belongs to the BUYER.

5. PRELIMINARY INFORMATION

The BUYER accepts and declares that they have read and become informed about all the preliminary information regarding the basic qualities of the products subject to sale, the sale price, the method of payment, the delivery conditions, the products subject to sale, and the right of withdrawal on the SELLER's website at www.sunsetmagic.studio, and that they placed the product order after confirming this preliminary information electronically. The preliminary information form on the payment page of the www.sunsetmagic.studio site is an integral part of this agreement.

6. GENERAL PROVISIONS

6.1. The BUYER's electronic confirmation of the Preliminary Information means that, before the distance sales agreement is concluded, the BUYER has accurately and completely obtained the address that must be provided to the BUYER by the SELLER, the basic characteristics of the ordered products, the price of the products including taxes, and the payment and delivery information, and that the BUYER accepts, declares, and undertakes this.

6.2. Each product subject to the agreement is delivered to the BUYER or to the person and/or organization at the address indicated by the BUYER, within the period specified in the preliminary information section of the website depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. In the event that the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the agreement.

6.3. The BUYER accepts, declares, and undertakes that they 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 is canceled in the bank records, the SELLER's obligation to deliver the product subject to the agreement will terminate.

6.4. The BUYER accepts, declares, and undertakes that, in the event that the price of the product subject to the Agreement is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the BUYER's credit card by unauthorized persons after the delivery of the product to the BUYER or to the person and/or organization at the address indicated by the BUYER, the BUYER will return the product to the BUYER within 3 days, with the shipping cost belonging to the BUYER.

6.5. The BUYER shall inspect the product subject to the Agreement before taking delivery; the BUYER shall not accept damaged and defective goods such as those that are dented, broken, or have torn packaging from the shipping company. The product taken delivery of shall be deemed undamaged and intact, and after delivery, the obligation to carefully protect the product belongs to the BUYER.

6.6. In the event that the BUYER and the holder of the credit card used during the order are not the same person, or in the event that a security vulnerability related to the credit card used in the order is detected before the delivery of the product to the BUYER, the SELLER may request from the BUYER the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the cardholder's bank confirming that the credit card belongs to them. The order will be frozen during the period until the BUYER provides the information/documents subject to the request, and in the event that the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order.

6.7. The BUYER declares and undertakes that the personal and other information they provided when registering on the SELLER's website is true, and that they will compensate all damages the SELLER may incur due to the untruthfulness of this information, immediately, in cash, and in a lump sum, upon the SELLER's first notification.

6.8. The BUYER accepts and undertakes from the outset to comply with the provisions of the legal legislation while using the SELLER's website and not to violate them. Otherwise, all legal and criminal liabilities that arise will bind the BUYER completely and exclusively.

6.9. The BUYER may not use the SELLER's website in any way that disrupts public order, is contrary to general morality, disturbs and harasses others, is for a purpose contrary to the law, or infringes on the material and moral rights of others. In addition, the member may not engage in activities (spam, virus, trojan horse, etc.) that prevent or hinder others from using the services.

6.10. The SELLER accepts, declares, and undertakes to deliver the product subject to the agreement complete, free of any defect, in accordance with the qualities specified in the order, and together with the information and documents required by the nature of the work, if any.

6.11. If the SELLER cannot fulfill its obligations under the agreement due to the impossibility of producing or delivering the ordered product, it accepts, declares, and undertakes to notify the BUYER in writing within 3 days from the date it becomes aware of this situation, and to refund the sale price it has collected and any expenses incurred to the BUYER within 14 days.

6.12. If the SELLER cannot deliver the product subject to the agreement within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation or interruption of transportation, which develop beyond the will of the parties, are unforeseeable, and prevent and/or delay the parties from fulfilling their obligations, it is obliged to notify the BUYER of this situation. The BUYER also has the right to request from the SELLER the cancellation of the order, the replacement of the product with an equivalent, if any, and/or the postponement of the delivery period until the impeding situation is removed. In the event that the order is canceled by the BUYER, for payments made in cash by the BUYER, the product amount is refunded to them in cash and in a lump sum within 14 days. For payments made by the BUYER with a credit card, the product amount is refunded to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares, and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and that since the reflection of this amount in the BUYER's accounts after its refund to the bank is entirely related to the bank's transaction process, the BUYER will not hold the SELLER responsible for possible delays.

6.13. The SELLER has the right to reach the BUYER for communication, marketing, notification, and other purposes by mail, email, SMS, phone call, and other means, through the address, email address, fixed and mobile phone lines, and other contact information specified by the BUYER in the registration form on the site or later updated by them. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities directed at them.

6.14. Links may be provided through the SELLER's website to other websites and/or other content that are not under the SELLER's control and/or are owned and/or operated by other third parties. These links are placed to provide the BUYER with ease of navigation and do not support any website or the person operating that site, nor do they constitute any guarantee regarding the information contained on the linked website.

6.15. A member who violates one or more of the articles listed in this agreement is personally responsible, criminally and legally, for this violation, and shall hold the SELLER free from the legal and criminal consequences of these violations. In addition, in the event that the matter is brought before the law due to this violation, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.

6.16. Defective products among those sold may be sent to the SELLER for repair, in which case the shipping costs will be covered by the SELLER.

Buyers, in their capacity as Consumers, may submit their requests and complaints through the Seller contact information above and/or the channels provided by the website.

The product will be delivered to the address specified by the Buyer in the order form and to the specified authorized person(s).

ARTICLE 7 - DELIVERY COSTS AND PERFORMANCE

Unless otherwise agreed, the shipping and other delivery costs of the product belong to the BUYER. If the SELLER has declared on the website that the delivery fee will be covered by it upon the fulfillment of certain conditions, then the delivery costs will belong to the SELLER. Delivery of the product is made within the committed period, provided that the seller's stock is available and after the payment has been made. Except in cases where the fulfillment of the ordered product becomes impossible, the SELLER delivers the product within 30 (thirty) days from the date it is ordered by the BUYER. If the product price is not paid by the BUYER for any reason or the payment made is canceled in the bank records, the SELLER is released from the obligation to deliver the product. In the event that the order is canceled by the BUYER after the product has been shipped by the SELLER but before it has been taken delivery of by the BUYER, the BUYER is responsible for the shipping and other delivery costs.

ARTICLE 8. RIGHT OF WITHDRAWAL

8.1. The BUYER has the right to withdraw from the agreement within fourteen days from the date the product that is the subject of this distance sales agreement is delivered to them or to a third party designated by them, without giving any reason and without paying any penalty.

The BUYER must submit the notice that they have exercised the right of withdrawal in writing to the SELLER's email address, or via a permanent data storage device, before the right of withdrawal period expires.

8.2. In order to exercise the right of withdrawal, it is required that written notice be given to the SELLER by email within the 14 (fourteen) day period and that the product has not been used. The BUYER accepts, declares, and undertakes that they will not exercise the right of withdrawal for the "Products for Which the Right of Withdrawal Cannot Be Exercised" set out in this agreement.

If the right of withdrawal is exercised for products that conform to the agreement:

a) The product delivered to the BUYER or to the third party they authorized must be returned immediately together with its invoice. If the invoice of the product to be returned was issued in the name of an institution, the invoice must be sent together with the return invoice issued by the institution. Otherwise, the return process cannot be completed.

b) The products to be returned must be delivered complete and undamaged, together with their box, packaging, and standard accessories, if any. The return of products whose original box/packaging has been damaged, that have a shipping label affixed to the box, or that have been taped with shipping tape is not accepted. Products that arrive in this way will be sent back as received, with the recipient paying the shipping cost.

c) After notifying that they have exercised the right of withdrawal, the BUYER is obliged to immediately send back the product and the shipping delivery receipt showing that the product has been sent to the SELLER.

d) The product price is refunded to the BUYER within 10 business days following the arrival of the product to the SELLER. For credit card payments, the refund is also made by refunding to the BUYER's credit card. All costs arising from the exercise of the right of withdrawal belong to the BUYER, and the SELLER has the right to deduct these costs from the product price before refunding it.

e) If there is a decrease in the value of the goods for a reason arising from the BUYER's fault, or if return becomes impossible, the BUYER is obliged to compensate the SELLER's damages in proportion to their fault. However, the BUYER is not responsible for the changes and deterioration that occur due to the proper use of the product within the right of withdrawal period.

f) In the event that the campaign limit amount set by the SELLER is dropped below due to the exercise of the right of withdrawal, the discount amount benefited from within the scope of the campaign is canceled.

g) If the original invoice is not sent to the SELLER as required by tax legislation, VAT and other legal obligations, if any, cannot be refunded. In this case, the shipping cost of the returned product is covered by the BUYER.

h) By accepting this agreement, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.

ARTICLE 9. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

The right of withdrawal cannot be exercised for products prepared in accordance with the BUYER's requests or personal needs, nor for products whose protective elements such as packaging, tape, seal, or wrapping have been opened by the BUYER after delivery and whose return is unsuitable for reasons of health and hygiene, such as earrings, necklaces, bracelets, and cups.

ARTICLE 10. DEFAULT AND ITS LEGAL CONSEQUENCES

The BUYER accepts, declares, and undertakes that, in the event they default when making payments by credit card, they may pay interest and will be responsible to the bank within the framework of the credit card agreement between the cardholder and the bank. In this case, the relevant bank may resort to legal means; it may claim the costs that arise and attorney's fees from the BUYER. The BUYER accepts, declares, and undertakes that, in the event they default on their debt, they will pay the loss and damage the SELLER incurs due to the delayed performance of the debt.

ARTICLE 11. NOTIFICATIONS AND EVIDENCE AGREEMENT

All correspondence to be made between the parties under this agreement will be made via email, except for the mandatory cases listed in the legislation.

The BUYER accepts, declares, and undertakes that, in disputes that may arise from this agreement, the SELLER's official books and commercial records, and the electronic information and computer records the SELLER keeps in its own database and servers, shall constitute binding, conclusive, and exclusive evidence, and that this article is in the nature of an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure.

ARTICLE 12. DRAWING UP A REPORT IN CASE OF INCOMPLETE PRODUCT DELIVERY

In cases where the BUYER's order contains more than one product, shipments may be made by the SELLER in more than one delivery. The BUYER is obliged to check that the number of products is the same as the number of products specified in the invoice issued by the SELLER during delivery by the shipping officer. A separate invoice is issued by the SELLER for each of the multiple shipments. If the number of products specified in the invoice is not found in the package or is found to be incomplete, the BUYER is obliged to request the shipping officer to draw up a report. Otherwise, it will be deemed that the number of products stated in the invoice was delivered fully and completely by the SELLER to the BUYER, and that the products were taken delivery of fully and completely by the BUYER.

ARTICLE 13. COMPETENT COURT

In disputes arising from this agreement, complaints and objections may be submitted, within the monetary limits specified below, to the Consumer Arbitration Committee or the Consumer Court located in the consumer's place of residence or in the place where the consumer transaction was carried out. Information regarding the monetary limit is provided below:

For disputes arising in connection with a product order, complaints and objections may, pursuant to Article 68 of Law No. 6502 on Consumer Protection and effective as of 01/01/2023, be submitted to the Consumer Arbitration Committee located in the buyer's/customer's place of residence or in the place where the purchase was made, for disputes valued below 66,000 TL. In localities where no Consumer Arbitration Committee exists, applications may be made to the relevant District Governor's Office (Kaymakamlık).

For disputes valued above 66,000 TL, the relevant Consumer Courts have jurisdiction and authority.

In the event of a legal change after 01/01/2023, the monetary limits in force on that date will be taken into account.

ARTICLE 14. ENTRY INTO FORCE

When the BUYER completes the payment for the order they placed through the site, they are deemed to have accepted all the terms of this agreement.

This agreement enters into force upon being confirmed electronically by the BUYER, and is performed upon the delivery of the purchased product to the BUYER.

The SELLER is obliged to make the necessary software arrangements so as to obtain confirmation, before the order is completed, that this agreement has been read and accepted by the BUYER on the site. (LET'S REMOVE THIS PARAGRAPH FROM THE TEXT LATER; I'M NOT REMOVING IT NOW IN ORDER TO DRAW ATTENTION TO IT)

SELLER BUYER