DISTANCE SALES AGREEMENT
Parties
This Distance Sales Agreement (“Agreement”) has been entered into between the Seller, whose details are provided below, and the Buyer, who places an order electronically.
Seller Information
Trade Name: JELPAK / ERDEM ARİF BAŞ
Address: Turgut Reis Mahallesi Fatih Bulvarı No:299 A/1 Sultanbeyli / İstanbul
Telephone: 0534 451 42 32
Email: info@jelpak.com
Buyer Information
The Buyer’s name, surname/trade name, address, telephone number and email information shall be accepted based on the information declared during the order process.
Subject
The subject of this Agreement is to determine the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts regarding the sale and delivery of the products or services ordered by the Buyer through the Seller’s website and/or electronic sales channels.
Information on the Product or Service Subject to the Agreement
The type, characteristics, quantity, sales price, payment method, delivery information and, where applicable, shipping fee of the product or service subject to the Agreement shall be as specified on the order summary screen and in the electronic order records.
The Buyer acknowledges that they have been provided with preliminary information regarding the essential characteristics of the order, sales price, payment method, delivery conditions and right of withdrawal, and that they have confirmed this information electronically.
Order and Payment
The Buyer agrees to pay the price of the product or service ordered using the payment method selected during the order process. Completion of the order is subject to successful payment.
If the Seller is unable to fulfil the order due to a technical error, stock issue, price update, obvious data entry error or force majeure, the Seller shall inform the Buyer within a reasonable period. In such case, any amount collected shall be refunded to the Buyer within the statutory period.
Delivery and Performance
The product subject to the order shall be sent to the delivery address provided by the Buyer during the order process, or the service shall be performed, within the announced period according to the nature of the product, provided that the statutory period is not exceeded.
Standard products in stock are generally dispatched within 1 to 3 business days. Delivery and preparation times may vary for customised production, printing, design or special-order products. For such products, the order-specific production process shall apply.
Any costs and liabilities arising where delivery is delayed, becomes impossible or the order is not received due to reasons attributable to the Buyer shall belong to the Buyer.
Shipping and Delivery Inspection
The Buyer is obliged to inspect the product at the time of delivery in the presence of the courier. If crushing, tearing, wetness, opening of the packaging or damage to the product is detected, a damage report must be prepared by the courier and the product must not be accepted.
As a rule, shipments accepted without a damage report shall be deemed to have been delivered intact and complete. However, the rights arising from consumer legislation are reserved.
Right of Withdrawal
The Buyer may exercise the right of withdrawal from the product subject to the distance sale within 14 (fourteen) days from the date of delivery, without giving any reason and without paying any penalty.
To exercise the right of withdrawal, the Seller must be notified within this period via email, telephone or written communication channels.
The product to be returned under the right of withdrawal must be unused, in resalable condition and, where applicable, sent together with its original box, packaging, accessories, invoice and all items delivered with it.
Cases Where the Right of Withdrawal Cannot Be Exercised
The right of withdrawal cannot be exercised for the following products and services:
Products prepared in accordance with the consumer’s requests or clearly personal needs,
Products prepared with personalised printing, custom dimensions, custom design or special production,
Products whose protective elements, such as packaging, tape, seal or wrapping, have been opened after delivery and whose return is unsuitable for health and hygiene reasons,
Products which become mixed with other products after delivery and which, by their nature, cannot be separated,
Services performed instantly in electronic form or digital content,
Other products and services excluded from the scope of the right of withdrawal under the applicable legislation.
A significant proportion of the printing, print production, design, special production and personalised products offered by the Seller may be considered within this scope.
Return Conditions
In cases where the right of withdrawal is valid, the return process shall be initiated following the delivery of the product to the Seller. Once the product is found to comply with the return conditions, the product price shall be refunded within the statutory period using the payment method originally used by the Buyer.
If the product suffers a loss in value due to the Buyer’s use, the Buyer shall be responsible for such loss in value.
In cases of defects caused by shipping, damage, missing products or delivery of incorrect products, the return and replacement costs shall belong to the Seller. For other returns made under the right of withdrawal, the return shipping fee may belong to the Buyer unless otherwise stated.
Defective Product
If the Buyer believes that the product received is defective, damaged, incomplete or does not conform to the order, the Buyer should contact the Seller within a reasonable period. Following the necessary examination, the appropriate option of product return, replacement, price reduction or refund shall be applied within the framework of the applicable legislation.
Damage arising from misuse, improper storage, third-party intervention or reasons attributable to the Buyer shall not be considered a defect.
Invoice and Commercial Records
The invoice, e-invoice, e-archive invoice or relevant financial document relating to the order shall be issued in accordance with the applicable legislation. The Buyer acknowledges that the information provided during the order process is accurate. The Buyer shall be responsible for any consequences arising from the provision of incorrect invoicing information.
Protection of Personal Data
The Buyer’s personal data may be processed for the purposes of receiving and processing the order, ensuring delivery, carrying out payment transactions, providing customer support services, fulfilling legal obligations and, where necessary, resolving disputes.
The Seller processes personal data within the scope of the Personal Data Protection Law No. 6698 and in accordance with its published Privacy Policy / KVKK Information Notice.
Force Majeure
Natural disasters, war, terrorism, fire, strikes, infrastructure or internet outages, supply chain disruptions, decisions of official authorities, epidemics and similar circumstances beyond the control of the parties shall be considered force majeure.
In the event of force majeure, the Seller shall not be held liable for delays in fulfilling its obligations. In such case, the Buyer may request the cancellation of the order and the refund of the amount paid.
Evidence Agreement
The parties acknowledge that the Seller’s commercial books and records, electronic records, database records, server logs, email correspondence and system records shall constitute evidence in any disputes arising from this Agreement.
Resolution of Disputes
In disputes arising from the implementation of this Agreement, Consumer Arbitration Committees and Consumer Courts located in the Buyer’s place of residence or the place where the transaction was carried out shall be competent, within the monetary limits announced annually by the Ministry of Trade.
Entry into Force
By completing the order, the Buyer declares that they have read, understood and accepted all conditions set out in this Agreement. This Agreement shall enter into force upon the Buyer’s electronic confirmation.
Contact
The following contact details may be used for all requests, notifications and applications relating to the Agreement:
JELPAK / ERDEM ARİF BAŞ
Address: Turgut Reis Mahallesi Fatih Bulvarı No:299 A/1 Sultanbeyli / İstanbul
Telephone: 0534 451 42 32
Email: info@jelpak.com
