Distance Sales Agreement

Distance Sales Agreement

Article 1- Parties

1.1. Seller

ADI	:	Tipi Mobilya A.Ş.
ADRESİ	:	Organik Cd. No:27, 34956 Aydınlı-KOSB/Tuzla/İstanbul
Telefon	:	0216 336 84 74
E-POSTA	:	info@coastalhomes.com.tr
MERSİS NO	:

1.2. Buyer
Information about the purchaser of the product in question

Article 2 – Subject – Distance Sales Contract
The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on Consumer Protection and the Regulation on Distance Contracts, regarding the sale and delivery of the product specified below, whose qualities and sales price are detailed, which the BUYER has ordered electronically from the website of Coastal Homes.

The BUYER declares and accepts that they have been informed in a clear, understandable, and internet-appropriate manner by the SELLER about the SELLER’s name, title, full address, telephone number, and other access information; the basic qualities of the goods subject to sale; the sales price including taxes; the payment method; delivery conditions and costs; and all preliminary information regarding the goods subject to sale, as well as the “withdrawal” right and how it can be exercised, the official authorities where complaints and objections can be lodged, etc. The BUYER also confirms electronically that they have read and approved this preliminary information and ordered the goods thereafter in accordance with the terms of this contract.

The preliminary information on the Coastal Homes website and the invoice issued based on the order placed by the BUYER are integral parts of this contract.

Article 3 – Contract Subject Product/Payment/Delivery Information
The type and kind, quantity, brand/model, sale price, payment method, recipient, delivery address, invoice information, and shipping fee of the product(s) purchased electronically are specified below. The individual to be invoiced and the individual entering into this contract must be the same. The information provided below must be accurate and complete. The BUYER agrees to fully compensate for any damages arising from inaccurate or incomplete information provided and accepts all responsibilities that may result from this situation.

In cases where the SELLER deems it necessary, if the information provided by the BUYER does not match reality, the SELLER reserves the right to halt the order. If the SELLER encounters an issue with the order, and the BUYER cannot be reached through the phone number, email, or postal address provided, the SELLER may suspend the order for a period of 15 (fifteen) days. During this period, it is expected that the BUYER will contact the SELLER regarding the matter. If no response is received from the BUYER within this time frame, the SELLER has the right to cancel the order to prevent any damage to either party.

Products purchased during the order process
Payment method information selected during the order process

Article 4 – Contract Date and Force Majeure
The contract date is the date on which the BUYER placed the order.

Situations that were not present or foreseeable at the time the contract was signed and that develop beyond the control of the parties, making it partially or completely impossible for one or both parties to fulfill their contractual obligations or to fulfill them on time, shall be considered force majeure (e.g., natural disasters, war, terrorism, uprising, changes in legislative provisions, seizure or strikes, lockouts, significant failures in production and communication facilities, etc.). The party affected by force majeure shall immediately notify the other party in writing.

The parties will not be held responsible for failing to fulfill their obligations during the continuation of the force majeure. If the force majeure situation persists for 30 (thirty) days, either party shall have the right to unilaterally terminate this contract.

Article 5 – Rights and Obligations of the Seller – Distance Sales Contract
5.1. The SELLER agrees and undertakes to fulfill the obligations imposed on them in the contract in full, except for cases of force majeure, in accordance with the provisions of the Law No. 4077 on Consumer Protection and the Regulation on Distance Contracts.

5.2. Persons under the age of 18 cannot shop on Coastal Homes. The SELLER will assume that the age provided by the BUYER in the contract is accurate. However, the SELLER shall bear no responsibility if the BUYER has provided an incorrect age.

5.3. Coastal Homes is not responsible for price errors caused by system failures. Accordingly, the SELLER is not responsible for promotional or price errors that may arise from the system, design, or illegal interventions on the website. The BUYER cannot claim any rights from the SELLER based on system errors.

5.4. Shopping can be done on Coastal Homes via credit card (Visa, MasterCard, etc.) or bank transfer. Orders for which the transfer is not made within one week from the order date will be canceled. The processing time for orders is not the moment the order is placed but the moment the required amount is collected from the credit card or the transfer (EFT) reaches the SELLER's bank account. Payment methods such as cash on delivery or postal check without prior consultation with customer service are not accepted.

Article 6 - Buyer's Rights and Obligations - Distance Sales Agreement

6.1. The Buyer agrees and undertakes to fulfill the obligations assigned to them in the agreement completely, except in cases of force majeure.

6.2. By placing an order, the Buyer is deemed to have accepted the provisions of the employment agreement and agrees and undertakes to make the payment in accordance with the payment method specified in the agreement.

6.3. The Buyer declares and acknowledges that they have been informed on the Coastal Homes website about the seller’s name, title, full address, phone, and other contact information; the basic features of the goods subject to sale; the sales price including taxes; payment method; delivery conditions and costs; and all preliminary information regarding the goods subject to sale, as well as their "right of withdrawal" and how to exercise this right, official authorities to which complaints and objections can be submitted, etc., in a clear and understandable manner appropriate to the online environment, and that they have confirmed this preliminary information electronically.

6.4. In connection with the previous article, the Buyer declares that they have read and been informed about the order/payment/use procedure, which includes order and payment terms, product usage instructions, measures taken against potential situations, and warnings, and has provided the necessary confirmation electronically.

6.5. In case the Buyer wishes to return the purchased product, they agree and undertake not to damage the product or its packaging under any circumstances, as it would not be suitable for health and hygiene reasons, and to return the original invoice and delivery note during the return process.

Article 7 - Order/Payment Procedure

Order: Distance Sales Agreement

The total amount of products added to the shopping cart, including VAT (in installment transactions, the total installment amount), is processed through the relevant bank card’s POS after the Buyer confirms the transaction. Therefore, before orders are shipped, an order confirmation email is sent to the customer. Shipment is not made without sending the order confirmation email.

In case of any disruption in the process or problems related to the credit card, the Buyer is notified using one or more of the communication methods (telephone/fax/email) specified in the agreement. If necessary, the Buyer may be asked to contact their bank. The time when orders are processed is not the moment the order is placed but the moment the required payment is deducted from the credit card account or when the transfer (EFT) is received in the seller's accounts.

In exceptional cases, if it is understood for a valid reason that the product subject to the agreement cannot be supplied and/or a stock problem arises, the Buyer is immediately and clearly informed, and upon their approval, another product of equal quality and price may be sent to the Buyer. Alternatively, depending on the Buyer's preference, a new product may be sent, the product's stock availability may be awaited, or the order may be canceled.

In cases where it becomes impossible to fulfill the obligation to deliver the product subject to the agreement, the Buyer is informed of this situation, and the total amount paid, as well as any documents that may place the Buyer under debt, are returned to the Buyer within ten days at the latest, and the agreement is canceled. In such cases, the Buyer will not make any additional material or moral claims from the Seller.

Payment: Distance Sales Agreement

Coastal Homes offers cash transfer options for Buyers who do not wish to use their credit card information online. In the case of bank transfer payments, the Buyer can choose the most suitable bank and make the transfer. If an EFT (Electronic Funds Transfer) is made, the transfer date will be considered. While making the transfer and/or EFT, the "Sender Information" must match the Invoice Information, and the order number must be provided.

If, after the delivery of the product, the Buyer’s credit card is used unlawfully or inappropriately by unauthorized persons for reasons not caused by the Buyer, and if the related bank or financial institution does not pay the product amount to the Seller, the Buyer must return the delivered product to the Seller within 10 days. In such cases, the shipping costs will be borne by the Buyer.

If the Buyer chooses to pay by credit card, they agree, declare, and undertake to confirm the relevant interest rates and default interest information with their bank and that the provisions regarding interest and default interest will be applied within the framework of the “Credit Card Agreement” between the Bank and the Buyer in accordance with the applicable legislation.

Article 8 - Shipping/Delivery Procedure

Shipping: Distance Sales Agreement

Upon sending the order confirmation email, the product(s) are delivered to the cargo company contracted by the Seller.

Delivery: Distance Sales Agreement

The product(s) will be delivered to the address of the Buyer via the Seller's contracted cargo company. The delivery period is 30 days from the time the order confirmation email is sent and the agreement is established. This period can be extended by a maximum of ten days, provided that the Buyer is informed in writing or through a permanent data carrier beforehand.

For areas where the cargo company does not provide address delivery services, the products are sent as “phone notice delivery.”

In cases where the cargo company delivers to the region only on specific days of the week, incorrect or incomplete shipping information, social events, or natural disasters, there may be delays. The Buyer cannot hold the Seller responsible for these delays. If the product(s) will be delivered to a person/organization other than the Buyer, the Seller is not responsible for any extra shipping costs arising from the delivery recipient not accepting the delivery, incorrect shipping details, or the absence of the Buyer at the delivery address. If the product(s) are not delivered within the specified days, delivery issues must be reported to customer service at info@coastalhomes.com.tr immediately via email.

Damaged Packages: In the case of damaged packages, the package should not be accepted, and a report should be prepared with the cargo company representative. If the cargo company representative claims that the package is undamaged, the package should be opened and the products should be checked for damage, and this should be recorded in a report. Once the package is accepted by the Buyer, it is considered that the cargo company has fully performed its duty. If the package is not accepted and a report is prepared, the situation must be reported to the Seller's Customer Service along with the copy of the report retained by the Buyer.

Article 9 - Procedure Regarding Product Returns and Right of Withdrawal

Product Return: Distance Sales Agreement

The buyer has the right to withdraw from the contract within seven days after receiving the goods, without providing any justification or paying any penalty. For product returns, the situation must first be communicated to customer service. The withdrawal period starts from the day the goods are delivered to the buyer. The return shipping cost of the returned product(s) must be borne by the buyer. In cases of defective goods, the shipping cost cannot be charged to the buyer.

If the buyer exercises the right of withdrawal, the seller must refund the total amount received and, if applicable, any documents that place the consumer in debt, within no more than ten days from the receipt of the invoice, which includes the withdrawal notification, along with the returned product.

The depreciation in the value of the delivered goods or the existence of a reason that makes the return impossible does not prevent the exercise of the right of withdrawal. However, if the depreciation or the impossibility of return is due to the consumer's fault, the buyer must compensate the seller for the depreciation or the value of the goods.

For all erroneously purchased products, the general return period is 14 days. During this period, products with opened packaging, that have been used, damaged, or altered in any way, will not be accepted for return. The return must be made with the original packaging.

If it is determined that the erroneously purchased product or its packaging has been opened, damaged, broken, torn, used, or altered in any way, and if the product cannot be returned in the condition it was delivered to the buyer, the product will not be accepted for return, and no refund will be issued.

For product returns, the situation must first be communicated to customer service. The information regarding the return shipment of the product will be provided by the seller to the customer. Following this communication, the buyer must send the product, along with the invoice containing return-related information, to the seller through the courier company that delivered the product to the buyer's address. If the returned product meets the conditions specified in this agreement, it will be accepted as a return, and the refund will be made to the buyer's credit card/account. No refund will be issued without the return of the product. The time it takes for refunds made to credit cards to appear in the credit card accounts is at the discretion of the relevant bank.

If the purchase was made using a credit card and in installments, the credit card refund procedure will be applied as follows: The bank will refund the buyer in installments if the buyer has requested an installment purchase. After the seller has paid the total amount of the product to the bank in a single transaction, the bank will transfer the refund amount to the buyer’s credit card in installments, according to the procedure outlined to prevent any parties involved from suffering. If the refund date does not coincide with the credit card's statement date, the buyer will receive one installment refund each month, for the same number of months as the installment payments made before the refund, after the sales installments are completed, thereby reducing the remaining debt.

In the case of the return of goods and services purchased with a credit card, the seller cannot make a cash payment to the buyer due to the contract with the bank. The seller, as a member merchant, is obligated to process the refund via the relevant software, and since the seller is required to reimburse the bank in cash or by offsetting the amount, the above procedure must be followed, and no cash refund can be made to the buyer. The refund to the credit card will be made by the bank according to the procedure outlined above, after the buyer pays the amount to the bank in a single transaction.

Requests for the return of products can be made to the address provided in the contact details.

Exceptions to the Right of Withdrawal

Unless otherwise agreed by the parties, the consumer cannot exercise the right of withdrawal in the following contracts:

a) Goods or services whose prices are subject to fluctuations in financial markets and are not under the control of the seller or provider,
b) Goods prepared according to the consumer’s wishes or personal needs,
c) Perishable goods or goods with a short shelf life,
ç) Goods whose protective elements, such as packaging, tape, seals, or packages, have been opened after delivery and are not suitable for return due to health or hygiene reasons,
d) Goods that, after delivery, are mixed with other products and cannot be separated by their nature,
e) Books, digital content, and computer consumables provided in physical form, whose protective elements, such as packaging, tape, or seals, have been opened after delivery,
f) Periodicals such as newspapers and magazines, except those provided under a subscription agreement,
g) Services related to accommodation, transportation of goods, car rental, food and beverage supply, or entertainment or leisure activities to be provided on a specific date or period,
ğ) Services performed instantly in electronic environments or intangible goods delivered instantly to the consumer,
h) Services that have begun with the consumer’s approval before the withdrawal period has expired.

Article 10 - Warranty

Products used and maintained according to the instructions for use are guaranteed for 2 years against all manufacturing defects under the conditions specified below: The seller's warranty responsibility applies only to consumers covered by Law No. 4077. For commercial transactions, the provisions of the Turkish Commercial Code will apply.

Article 11 - Confidentiality

The information specified in this agreement by the buyer and the information provided to the seller for payment purposes will not be shared with third parties by the seller.
The seller may disclose such information only in cases of administrative/legal obligations. If the seller possesses the requested information within the scope of any documented judicial investigation, they may provide it to the relevant authority.

Credit card information is never stored, and such information is used only securely during the collection process to obtain authorization from the relevant banks and is deleted from the system afterward.
The buyer's email address, postal address, and phone information are used only by the seller for standard product delivery and notification procedures. Campaign information, new product updates, and promotional information may be sent to the buyer with their consent.

Article 12 - Competent Court and Enforcement Offices in Case of Disputes

In disputes arising from the implementation of this agreement, Consumer Arbitration Committees up to the value announced annually by the Ministry of Industry and Trade in December, and Consumer Courts in the buyer's or seller's place of residence, are authorized.

If the order is fulfilled, the buyer is deemed to have accepted all the terms of this agreement. The date of acceptance is the date on which the agreement is accepted.

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Distance Sales Agreement