ARTICLE 1 – PARTIES

This Distance Selling Agreement (hereinafter referred to as the “Agreement”) has been established electronically between the parties set out below and on the terms and conditions agreed below.

a. SELLER:

Title : NOORDİST Mobilya Mimarlık San Tic. Ltd. Sti. (hereinafter referred to as “NORDİST” or “SELLER”)
Address : Fenerli Reis Sokak No:3 Selamiçeşme 34730 KADIKÖY
ISTANBUL/TURKIYE
Telephone : +90 216 411 0210
E-mail address : info@nord-ist.com
Mersis No: 0631075425700011

b. BUYER/BUYER:

Name-Surname/Title :
T.C. Identity No:
E-mail address :
Address :
Telephone :
Date:

ARTICLE 2 – SUBJECT

The subject of this Agreement is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation published in the Official Gazette on 27.11.2014 regarding the sale and delivery of the Product whose qualifications and sales price are specified below, which the BUYER ordered electronically from the SELLER’s www.nord-ist.com website. The parties to this Agreement hereby accept and declare that they know and understand their obligations and responsibilities arising from the Law on Consumer Protection and the Regulation on Distance Contracts under this Agreement;

ARTICLE 3 – PRODUCT(S) SUBJECT TO THE CONTRACT

This section describes the type, quantity, brand, model, model, color, sales price and basic features of the Product / Service subject to the Contract.

Product Name, code : … quantity
Total Sales Price : …. -TL
Payment Method and Plan : Credit Card / Bank Transfer (EFT)
Delivery Person :
Telephone number :
Delivery Address :
Person/Institution to be Invoiced :
Invoice Address :
Tax Office :
Tax Registration Number :
Shipping Fee : …-TL

SUBJECTS ON WHICH THE BUYER HAS BEEN PREVIOUSLY INFORMED:

The BUYER accepts and declares that in the following matters, with the acceptance of this Agreement by the BUYER in the mobile application and / or on the website https://nord-ist.com/, the BUYER has examined, read, understood and understood all general and specific explanations on the relevant pages and sections of the mobile application and / or “https://nord-ist.com/” website before the realization of the order and the payment obligation, and that the necessary preliminary information has been made to him, and that the preliminary information approval is an integral part of this Agreement.

1. The basic characteristics of the Product and/or Products subject to the Contract

2. The title and contact information and current introductory information of the SELLER,

3. Tools and methods suitable for the purpose regarding the stages of the sales process during the purchase of the Products from the mobile application and/or “https://nord-ist.com/” address and the correction of incorrectly entered information,

4. The total sales price of the Product and/or Products including all taxes and the method of payment,

5. Information on the procedures for the delivery of the Products to the BUYER and information on cargo and transportation costs,

6. Other payment/collection information regarding the Products and information regarding the performance of the Agreement, and the responsibilities of the parties in these matters,

7. The conditions, duration, procedure and return procedure for the exercise of this right in the case of Products for which it has the right of withdrawal,

8. Products and other goods and services that the BUYER does not have the right of withdrawal,

9. Special terms of the Products defined as Opportunity Products,

10. In case of disputes, the BUYER can make legal applications to the District / Provincial Consumer Arbitration Committees and Consumer Courts in accordance with the relevant provisions of the Law No. 6502, with the contact information that the BUYER can send complaints to the SELLER.

ARTICLE 4 – GENERAL PROVISIONS

4.1. The BUYER declares that he / she has read and informed the preliminary information about the basic qualities of the Product subject to the Contract, the total sales price including VAT and any other additional price, the payment method and the delivery in the mobile application and / or on the website https://nord-ist.com/ and that he / she approves the sale of the Product electronically. By confirming the Preliminary Information Form electronically, the BUYER confirms that he/she has correctly and completely obtained and approved the basic qualifications of the Products, the title and contact information of the SELLER, the sales price of the Products in Turkish Lira including taxes, payment and delivery information, the situations in which the right of withdrawal cannot be used and will be lost, and the legal remedies he/she may apply in case of dispute before the conclusion of this Agreement.

4.2. The SELLER is not liable for any direct or indirect damages that may arise due to the use of the “https://nord-ist.com/” website or mobile application and other data and programs, due to breach of contract, tort, or other reasons. The SELLER, as a result of breach of contract, tort, negligence or other reasons; does not accept any responsibility for interruption of the transaction, error, negligence, interruption, deletion, loss, delay in transaction or communication, computer virus, malfunctions in telecommunication lines, communication error, theft, destruction or unauthorized entry, modification or use of records.

4.3. Purchased Products may not be used for commercial purposes. It is prohibited to use the Products for commercial purposes, such as reselling, offering and/or selling them at a higher price, promotional activities, etc. In the event that the BUYER’s behavior contrary to this article is detected, the right to demand compensation for the SELLER’s damages arises without entitling the BUYER to any refund or similar claim.

4.4. The BUYER is deemed to have read these conditions before purchasing the Product and to have accepted the relevant delivery conditions if he/she places an order.

The Product / Products are shipped to the BUYER delivery address given in Article 1.b by the logistics-cargo company determined by the SELLER and accepted by the BUYER by approving this contract. It is the responsibility of the BUYER to notify the SELLER of any change in the shipping address at least 2 business days before the start of the shipment of the Product;

4.5 The SELLER cannot be held responsible for any problem arising from the BUYER that the cargo company will encounter during the delivery of the Products to the BUYER or for the failure to deliver the ordered Product to the BUYER due to the absence of the BUYER at the address declared by the BUYER.

4.6 If the BUYER is not present at the delivery address declared in this Agreement, the BUYER shall be responsible for the additional transportation costs that will arise due to the reshipment of the Products. If the products will be delivered to a person / organization other than the BUYER, the name / title of the person / organization to be delivered will be clearly and in writing by the BUYER, and the SELLER cannot be held responsible for the failure of the delivery due to the fact that this person / organization does not accept the delivery or is not present at the address specified by the BUYER. The BUYER shall be responsible for the additional costs that will arise due to the resending of the Products due to the failure of delivery due to the Products not being received by this person / organization or not being present at the address specified by the BUYER.

4.7 The SELLER cannot be held responsible for any damages that may arise due to the errors and omissions of the cargo company that makes the shipment process during the shipment of the Products to the BUYER and / or their failure to deliver them to the BUYER. If the shipment of the products is undertaken by the SELLER, it is made by the SELLER. The BUYER is obliged to keep a written record of the delivery of the Products at the time of receipt of the Products and to open and check the Products at the time of delivery and to immediately notify the SELLER of the defects-damages, if any, by recording them in this record. The BUYER shall inspect the goods / services subject to the contract before receiving it; dents, broken, torn packaging, etc. will not receive the damaged and defective goods/services from the cargo company. The BUYER’s Goods / Service subject to the Contract, broken, torn packaging, etc. In the event that the damaged and defective Goods / Service is received from the cargo company, the responsibility belongs entirely to itself The goods / service received will be accepted to be undamaged and intact.

4.8 In the event that the Product or service purchased by the BUYER is not in the stocks of the SELLER and there is no equivalent Product of equal quality and price, the SELLER reserves the right to terminate the contract by returning the price paid by the BUYER.

4.9 The BUYER is responsible for the shipping costs in the order cancellations made by the BUYER after the Products are shipped by the SELLER but before they are received by the BUYER.

4.10 The SELLER is responsible for the delivery of the Products subject to the Contract intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.

4.11 If the SELLER cannot fulfill its obligations under the Contract due to the impossibility of delivery to the BUYER or force majeure, the SELLER is obliged to notify the BUYER in writing or by permanent data storage within 3 (three) days following the learning of this situation and to return all payments collected from the BUYER, including delivery costs, if any, within 14 (fourteen) days following this notification.

4.12 For the delivery of the Products, the Prior Information Form must be confirmed electronically. If for any reason the Product price is not paid or the payment is canceled in the bank records and the Product price is not transferred to the SELLER’s bank account, the SELLER is deemed to be released from the obligation to deliver the Product.

4.13 In the event that the bank or financial institution does not pay the price of the Product to the SELLER due to the unfair or unlawful use of the credit card belonging to the BUYER by unauthorized persons after the delivery of the Product, the BUYER shall return the Product to the SELLER within 3 (three) days, provided that it has been delivered to him, and shall bear all expenses, including shipping expenses.

4.14 The BUYER must enter complete and accurate information. It is mandatory to enter a phone number and tax number/T.R. ID number for delivery.

4.15 The prices of upholstered Products on the Website may vary depending on the type and quality of fabric the Product is covered with.

4.16 The SELLER reserves the right to change the content of the site at any time, to change or terminate any service provided to users or to delete user information and data registered on the SELLER Website.

4.17. Product delivery is made within the committed period after the SELLER’s stock is available and payment is made. The Product subject to the contract is delivered to the BUYER or the person / organization at the address specified by the BUYER in the order form and this contract within the period described in the preliminary information on the website, depending on the distance of the BUYER’s settlement for each Product, provided that it does not exceed 30 (Thirty) days from the date of order. The SELLER reserves the right to extend the period for an additional 10 (ten) days with written notice within this period.

4.18. The delivery costs of the Products belong to the BUYER and will be reflected in the invoice related to the order under the name of “Shipping Fee”. SELLER, where the SELLER declares on www.nord-ist.com website, the delivery costs shall be borne by the SELLER.

4.19. The BUYER agrees to fully cover any liability and damages that may arise from this situation in cases where the information provided electronically is not correct or incomplete.

4.20. The SELLER reserves the right to stop the order when it deems necessary, when the information provided by the BUYER does not correspond to reality. In cases where the SELLER detects a problem in the order, the SELLER may freeze the execution of the order for 15 (fifteen) days if the BUYER cannot reach the BUYER at the telephone, e-mail and postal addresses provided by the BUYER. The BUYER is expected to contact the SELLER regarding the issue during this period. If no response is received from the BUYER within this period, the SELLER cancels the order so that both parties are not damaged.

4.21. If a repair is requested for the product, the periods specified in the Consumer Law and related regulations shall apply.

4.22. In the event that it becomes impossible to fulfill the order and / or service at the end of the campaign period, the SELLER reserves the right to supply different Products of equal quality and price in order to fulfill the performance obligation arising from the contract, but the Consumer accepts that the SELLER, who notifies him before the expiration of the performance obligation that the Product he has purchased cannot be supplied due to the unavailability of the Product in stock, also reserves the right to refund the Product price. The consumer will not be able to claim for the supply of a different Product of equal quality and price instead of a refund, despite being notified that the Product is not in stock.

4.23. For the delivery of the Product subject to the contract, the signed copy of this contract must be delivered to the SELLER and the price must be paid by the payment method preferred by the BUYER. Payment methods such as prepaid shipment or postal check are not accepted without consultation and approval of the BUYER services. If for any reason the price of the Product is not paid or is canceled in the bank records, the SELLER is deemed to be released from the obligation to deliver the Product.

4.24. Persons under 18 (eighteen) years of age may not shop on www.nord-ist.com. The SELLER shall take as basis that the BUYER’s age stated in the contract is correct. However, the SELLER shall not be liable in any way due to the BUYER’s age being written inaccurately.

4.25. The SELLER is not responsible for price inaccuracies caused by system errors. Accordingly, the SELLER is not responsible for the system, design or illegal interventions that may arise from the system, design or illegal interventions that may be made to the website. Based on system errors, the BUYER cannot claim any rights from the SELLER.

ARTICLE 5 – RIGHT OF WITHDRAWAL

5.1. In distance contracts for the sale of goods, the BUYER has the right to withdraw from the contract by rejecting the goods within 14 days from the date of receipt without any legal and criminal liability and without any justification. In domestic shipments, the costs arising from the use of the right of withdrawal belong to the SELLER if the Product is sent by the cargo / shipping company contracted by the SELLER. For orders coming from abroad and sent abroad, if the BUYER requests a replacement or returns the Product; all costs and shipping costs will belong to the BUYER. Customs fees, taxes and other costs and additional costs that may arise due to shipping, exchange and return transactions belong to the BUYER.

If the goods delivered to the consumer are defective within the scope of Article 8 of the Law, the BUYER cannot be held responsible for the costs related to the return. If requested by the BUYER, the cost of return can be deducted from the cost of the goods or services to be returned to him and the delivery costs. The BUYER is responsible for the shipping cost in order cancellations made by the BUYER after the products are shipped by the SELLER but before they are received by the BUYER.

5.2. If there is a decrease in the value of the Product for a reason arising from the fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER’s damages in proportion to its fault. The right of withdrawal cannot be exercised in cases where the product is damaged.

5.3. In the event that the campaign limit amount issued by the SELLER falls below the campaign limit amount due to the use of the right of withdrawal, the discount amount used within the scope of the campaign will be canceled.

5.4. BUYER, Distance Contracts Regulation 15. maddesinin 1. has accepted that it cannot use its right of withdrawal in the following cases in accordance with the paragraph:

a) Contracts for goods or services whose price varies depending on fluctuations in financial markets and which are not under the control of the SELLER or the provider;

b) Contracts for goods prepared in line with the wishes or personal needs of the consumer;

c) Contracts for the delivery of perishable or expired goods.

ç) Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; contracts for the delivery of goods whose return is not suitable in terms of health and hygiene.

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

e) Contracts for books, digital content and computer consumables provided in material media if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.

f) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription contract;

g) Contracts for accommodation, transportation of goods, car rental, provision of food and beverages, and leisure time for entertainment or recreation, which must be concluded on a specific date or period.

ğ) Contracts for services performed instantly in electronic media or contracts for intangible goods delivered instantly to the consumer.

h) Contracts for services whose performance is started with the consent of the consumer before the expiry of the right of withdrawal period.

5.5. In Product orders for which import transactions are made at the request of the BUYER and in special productions prepared in line with the BUYER’s requests or personal needs, a return request cannot be created unless there is any defect in the Product. In case of withdrawal during the import process of the Products, the prepayment of 50% of the collected Product price is non-refundable.

5.6. If the SELLER wishes to return any Product from the order subject to the campaign within the scope of the right of withdrawal, the SELLER will make a refund payment by deducting the amount reflected in the basket as a discount amount from the returned Product price.

5.7. Products purchased from www.nord-ist.com can be exchanged for another Product from the Nordist store within 14 days if the return conditions are met. In-store exchange is valid for Products in store stock.

5.8. Within the 14-day period for the exercise of the right of withdrawal, the SELLER shall be notified in accordance with the 1st Notification must be made by telephone or electronic mail, as specified in the article. Within the scope of the right of withdrawal, the Product must not have been used within the framework of the provisions contained in the distance sales contract.

5.9. By accepting this contract, the BUYER agrees in advance that he/she has been informed about the right of withdrawal.

5.10. In Case of Exercise of the Right of Withdrawal;

a. 3. . other than the BUYER; the invoice of the Product delivered to the persons or the BUYER, (if the invoice of the Product to be returned is issued on behalf of the legal person / trader, it must be sent with the return invoice issued by the legal person / trader when returning. Order returns whose invoice is issued on behalf of the legal person / trader will not be completed if the RETURN INVOICE is not issued.)

b. Return form; In order for the BUYER to use the right of withdrawal, the BUYER must fill in the return form sent to him together with the Product and deliver the Product to the cargo / transportation company together with the return form. The BUYER reserves the right to make a declaration of withdrawal other than the return form.

c. The Products to be returned must be delivered complete and undamaged with the box, packaging, standard accessories, if any.

5.11. In case of the use of the right of withdrawal and the return of the Product price to the BUYER for other reasons stipulated in the contract, if the shopping was made by credit card and in installments, the credit card refund procedure will be applied as follows: If the BUYER has submitted the request to purchase the Product in how many installments, the Bank makes the refund to the BUYER in installments. After the SELLER pays the full amount of the Product price to the bank in a single payment, in the event that the installment expenditures made from the Bank poses are returned to the BUYER’s credit card, the requested refund amounts are transferred to the bearer party accounts by the Bank in installments in order to prevent the parties involved in the matter from being victimized. The installment amounts paid by the BUYER until the cancellation of the sale, if the return date and the account cut-off dates of the card do not coincide, 1 (one) refund will be reflected on the card every month and the BUYER will receive the installments paid before the return after the installments of the sale are over, as many months as the number of installments paid before the return and will be deducted from the existing debts.

5.12. In case of the return of goods and services purchased with the card, the SELLER cannot make a refund payment to the BUYER in cash in accordance with the contract with the Bank. In case of a return transaction, the SELLER will make the return through the relevant software, and since the SELLER is obliged to pay the relevant amount to the Bank in cash or by offset, 5.12.. The refund to the credit card will be made by the Bank in accordance with the above procedure after the BUYER pays the price to the Bank at one time.

5.13. When returning the Product to the SELLER, the original invoice submitted to the BUYER during the delivery of the Product must also be returned. The return section of the invoice to be returned with the product will be filled in and signed by the BUYER.

ARTICLE 6 – DISPUTE RESOLUTION AND APPLICABLE LAW

This Agreement is subject to Turkish Law and the provisions of the Law No. 6502 on the Protection of Consumers shall be taken as basis in determining the competent and competent jurisdiction in disputes arising from the Agreement. Pursuant to the Communiqué on the increase of the monetary limits in Article 68 of the Law No. 6502 on Consumer Protection and Article 6 of the Regulation on Consumer Arbitration Committees, the consumer arbitration committee in the place where the consumer is located or where the consumer transaction is made within the monetary limits announced every year, Istanbul Consumer Courts are authorized in cases exceeding the limit. Consumer lawsuits can also be filed in the consumer court in the place where the consumer is domiciled. In the event that the order is realized, the BUYER is deemed to have accepted all the terms of this contract.

ARTICLE 7 – PAYMENT TYPE AND DEFAULT

1. The BUYER shall pay the price of the Products to be purchased through the mobile application and/or “https://nord-ist.com/” website.

2. The BUYER accepts, declares and undertakes that the BUYER will confirm the relevant interest rates and information about the default interest from the bank separately, and that the provisions regarding interest and default interest in accordance with the provisions of the legislation in force will be applied within the scope of the credit card agreement between the Bank and the BUYER.

3. The legal rights of the SELLER in cases deemed to be sold in installments by law (including the right to terminate the contract in case of non-payment of any of the installments and / or to demand payment of the entire remaining debt together with default interest) are available and reserved.

4. As of the credit card cut-off date, the total amount of the order will be divided by the number of installments and will be reflected on your credit card statement by the bank. The Bank may not distribute the installment amounts equally over the months, taking into account the fractional differences. The creation of your detailed payment plan is at the discretion of the bank.

5. The information on how many installments the order total to be transmitted to the bank will be paid / the number of installments is provided by the BUYER’s bank.

ARTICLE 8 – COMPETENT COURT

Consumers may apply for complaints and objections to the District Consumer Problems Arbitration Committee, Provincial Arbitration Committee or Consumer Court in the place where the consumer purchased the goods or services or where the consumer’s residence is located within the monetary limits determined by the Ministry of Customs and Trade in December each year.

ARTICLE 9 – NOTICES and EVIDENCE AGREEMENT

The BUYER agrees that in disputes that may arise from this Agreement, the official books and commercial records of the SELLER and the electronic information and computer records kept in its own database, servers and servers shall constitute binding, conclusive and exclusive evidence, and that this article shall be subject to the provisions of Article 193 of the Code of Civil Procedure; accept, declare and undertake that it is in the nature of an evidential contract within the meaning of the article.

ARTICLE 10 – MISCELLANEOUS PROVISIONS

1. If any provision of this Agreement is for any reason held invalid or no longer applicable, the other provisions of the Agreement shall remain in force.

2. The SELLER’s failure to exercise or delay in exercising any right or authority it has under the Contract does not mean that it waives that right or authority, nor does the exercise of a right or authority alone or partially prevent the subsequent exercise of that or any other right or authority, nor does it constitute a waiver.

ARTICLE 11 – ENFORCEMENT

Consisting of 11 (eleven) articles, this Agreement has been read by the Parties and concluded and entered into force on …….. by being approved electronically by the BUYER.

VENDOR: NOORDİST Furniture Architecture San Tic. Ltd. Sti

BUYER:

Name – Surname :
TC: Identity Number:
E-Mail Address :
Date: