Distance Sales Agreement

This Distance Sales Agreement (the Agreement) has been concluded electronically between the SELLER, whose corporate details are set out below, and the BUYER placing an order through the Site, in accordance with the provisions of Law No. 6502 on the Protection of Consumers (Tüketicinin Korunması Hakkında Kanun) and the Regulation on Distance Contracts (Mesafeli Sözleşmeler Yönetmeliği). By confirming the order, the BUYER declares that it has read, understood and accepted the Preliminary Information Form (Ön Bilgilendirme Formu) and all articles of the Agreement.

SELLER

BUYER

The BUYER is the natural or legal person placing a product order through the Site. The name and surname, delivery address, invoice details, telephone number and electronic mail address notified during the order are contained in the order record, which forms an integral part of the Agreement. The BUYER accepts that this information is accurate and complete, and that it is responsible for any delivery disruptions that may arise from missing or incorrect information. The SELLER and the BUYER are together referred to as the PARTIES.

The terms used in the Agreement have the meanings set out below.

The subject matter of the Agreement is the determination of the rights and obligations of the parties, pursuant to the provisions of the Law and the Regulation, in relation to the sale and delivery of the product for which the BUYER has placed an order electronically through the Site and whose qualities and sale price are stated on the Site.

By approving the Agreement, the BUYER accepts that it has received the preliminary information regarding the essential qualities of the product, the total price including taxes, the method of payment, the delivery conditions and period, the SELLER's name, address and contact details, the conditions of the right of withdrawal together with the cases in which it cannot be exercised, and the official authorities to which complaints may be submitted, and that it has confirmed this electronically.

• The type, model, quantity, colour, dimensions, material, bulb socket type and other essential qualities of the product are set out on the relevant product page of the Site and have been examined by the BUYER before the order.
• The price announced on the Site is the current sale price of the product and is valid until it is updated. Time-limited campaign prices apply until the end of the period stated for the campaign.
• All prices are in Turkish Lira and include value added tax.
• The SELLER does not charge a shipping fee for deliveries anywhere in Türkiye; regardless of the order amount, the shipment is free of charge and insured. No separate shipping or packaging fee is collected from the BUYER.
• Shipment abroad is made at the BUYER's request, within the framework of a special offer prepared according to the relevant country and the conditions set out in that offer.
• The total price of the product, the method of payment, the delivery address and the details of the person who will take delivery are set out in the order summary and in the order confirmation sent to the BUYER.

Payment Conditions

Payment may be made by credit card, debit card or by bank transfer (havale/EFT). The instalment options defined for the card are displayed at the payment step. Card details are not saved on the Site and are not stored by the SELLER; payment is taken through the 3D Secure infrastructure of the banks and payment institutions. In wire transfer and EFT payments, the order is processed once the amount has been credited to the SELLER's account.

1. The BUYER declares that it has read the preliminary information on the Site regarding the essential qualities of the product, the sale price, the method of payment and the delivery, and that it has given the necessary confirmation electronically.
2. The product is delivered by the contracted courier company to the address notified by the BUYER, in any case without exceeding thirty days from the date on which the order reaches the SELLER; this is the statutory maximum period and in practice deliveries are completed well within it. The shipment is prepared at the central warehouse in Sultangazi and the courier tracking number is sent to the BUYER's electronic mail address.
3. If the product is to be delivered to a person other than the BUYER, the details of that person are notified during the order. The SELLER cannot be held responsible if the person to take delivery is not present at the address or refuses the delivery.
4. The SELLER is responsible for delivering the product intact, complete and in conformity with the qualities stated in the order, together with the warranty certificate, the mounting apparatus and the instructions for use, if any.
5. It is recommended that the BUYER check the package while the courier officer is present; this is not an obligation, and the fact that the package was not checked at the time of delivery does not remove the BUYER's statutory rights concerning defective goods. If the package shows crushing, breakage or marks of impact, not accepting the product and having a report drawn up by the carrier makes the process easier; in such a case the product is replaced with a new one without any additional cost being charged to the BUYER. Where the damage is noticed after delivery, the BUYER may likewise exercise its rights by applying through the SELLER's contact channels.
6. For delivery, the Agreement must have been approved electronically and the price must have been paid. If the price is not paid or is cancelled in the bank records, the SELLER shall be deemed released from the obligation to deliver.
7. In cases where the supply of the product becomes impossible, the SELLER shall notify the BUYER in writing or through a durable medium within three days from the date on which it learns of this situation, and shall refund all payments collected within fourteen days at the latest from the date of notification.
8. In the campaign instalment practices of the banks, conditions such as the number of instalments and the maturity difference are subject to the contract between the BUYER and the bank issuing the card; the SELLER is not responsible for maturity differences and commissions arising in this context.
9. If the bank does not pay the price of the product to the SELLER because the BUYER's credit card has been used unlawfully by unauthorised persons without any fault of the BUYER, the BUYER to whom the product has been delivered shall return the product within three days at the latest; since the BUYER is not at fault, the cost of the return shipment is borne by the SELLER and is not requested from the BUYER.

The SELLER issues the invoice relating to the order as an e-archive invoice and sends it to the electronic mail address notified by the BUYER during the order. The invoice is issued on the basis of the information notified in the order.

• A BUYER requesting a corporate invoice must notify its company title, tax office and tax number in full during the order. The BUYER is responsible for the consequences arising from incomplete or incorrect notification of the invoice details.
• If the invoice does not arrive by electronic mail, the BUYER may apply through the contact channels and request that the invoice be sent again.
• In withdrawal and return transactions, the return document is issued on the basis of the invoice record of the product.

The BUYER has the right to withdraw from the contract within fourteen days from the date on which the product is delivered to the BUYER or to the person at the address indicated by the BUYER, without giving any reason and without paying any penalty. For products delivered separately under a single order, the period starts on the day on which the last product is received. The right of withdrawal may also be exercised during the period between the conclusion of the contract and the delivery.

• The withdrawal notice may be given by telephone, by WhatsApp message, by electronic mail or by a written application; the contact channels are set out in the corporate details above. It is sufficient that the notice is directed to the SELLER within the fourteen-day period.
• Stating the order number and the product to be returned in the notice speeds up the process.
• The SELLER refunds all payments it has collected within fourteen days at the latest from the date on which the withdrawal notice reaches it, in a manner appropriate to the payment instrument used by the BUYER and without charging any cost. In payments made by card, the amount is refunded to the bank; the time it takes to appear in the account depends on the bank's processes. In wire transfer and EFT payments, the refund is made to the account notified by the BUYER.
• The BUYER sends the product back within ten days from the date on which it directed the withdrawal notice. Where the right of withdrawal is exercised, the cost of the return shipment is borne by the SELLER; regardless of the carrier with which the product is sent, no return shipping cost is requested from the BUYER and no deduction is made from the refund amount.
• The product must be returned complete with its original box, mounting apparatus, parts such as crystal stones and glass shades, accessories and the warranty certificate, if any, and without having lost its commercial value.
• The BUYER is responsible for the changes and deterioration that occur if it does not use the product, within the withdrawal period, in accordance with its operation, its technical specifications and the instructions for use.
• Exchange requests may be met with another model available in stock, provided that the product is unused and in its original box; any price difference is refunded or collected.

Article 15 of the Regulation lists the cases in which the right of withdrawal cannot be exercised as an exhaustive list. For the lighting products sold by Nura Aydınlatma, those cases are set out below.

• Products prepared in line with the consumer's requests or personal needs: chandeliers, pendant lamps and wall sconces produced according to the dimensions you notify, or prepared upon your request for a special colour, a special finish, a special chain length, a special number of arms or a personalised design.
• Products whose price changes depending on fluctuations in the financial markets and which are not under Nura Aydınlatma's control.
• Apart from these two cases, there is no other situation in which the right of withdrawal cannot be exercised for the lighting products sold by Nura Aydınlatma: the packaging having been opened, the product having been taken out of its box and examined or tried, and its installation having been carried out do not remove your right of withdrawal.
• These exceptions to the right of withdrawal do not affect your optional rights under Article 11 of Law No. 6502 where the product turns out to be defective, nor your rights arising from the 2-year manufacturer's warranty.

• The products sold through the Site are covered by a two-year manufacturer's warranty; the warranty certificate is sent together with the product.
• If the product turns out to be defective, the BUYER may exercise one of the rights of withdrawing from the contract, obtaining a reduction in the price, free repair or replacement with a defect-free equivalent, within the framework of the provisions of the Law on defective goods.
• Spare parts such as crystal stones, glass shades and sockets are supplied subject to stock availability; requests may be submitted through the SELLER's contact channels.
• Products are sent together with the mounting apparatus and the installation instructions. It is recommended, for the safety of life and property, that the electrical connection be made by an authorised electrician; this is not an obligation. The SELLER does not sell a separate installation service and does not undertake the installation work; it provides support by telephone where the BUYER encounters difficulty during installation.
• Damage arising from incorrect installation, misuse, fluctuations in the mains voltage and external factors such as impact and dropping is outside the scope of the warranty.

Within the scope of Law No. 6698 on the Protection of Personal Data (Kişisel Verilerin Korunması Kanunu), the SELLER, in its capacity as data controller, processes the BUYER's personal data for the purposes of creating the order, receiving the payment, delivering the product, issuing the invoice, withdrawal and return transactions, after-sales support and statutory retention obligations. Details of the data categories, the legal grounds, the retention periods and the data subject's right of application are set out in the KVKK Disclosure Statement (KVKK Aydınlatma Metni) published on the Site.

Pursuant to Law No. 6563 on the Regulation of Electronic Commerce (Elektronik Ticaretin Düzenlenmesi Hakkında Kanun) and the Regulation on Commercial Communication and Commercial Electronic Messages (Ticari İletişim ve Ticari Elektronik İletiler Hakkında Yönetmelik), commercial electronic messages containing campaign and promotional content are sent only where prior consent has been obtained; consents are recorded through the Message Management System (İleti Yönetim Sistemi). The BUYER may refuse to receive messages at any time without giving any reason. Notifications regarding the order status, shipment tracking and invoices are not deemed commercial electronic messages.

• If the BUYER falls into default in payments made by credit card, it shall be liable towards the bank issuing the card; the bank may resort to legal remedies and may claim the costs incurred from the BUYER.
• If the BUYER falls into default on its debt, the BUYER shall be liable for the loss suffered by the SELLER due to the delayed performance of the debt.
• If the SELLER fails to fulfil its obligations arising from the Agreement, the BUYER may exercise its rights arising from the Law and the Regulation; these rights cannot be limited by any provision of the Agreement.

Unforeseeable circumstances developing outside the control of the parties, such as natural disaster, fire, epidemic disease, war, strike, decisions of competent authorities, interruptions in the electricity and communication infrastructure and extraordinary disruptions in the supply chain, are deemed force majeure; the parties shall not be held responsible for the obligations that cannot be performed during this period. When the SELLER understands that it will not be able to deliver the product on time, it notifies the BUYER of the situation. If the force majeure does not cease within a reasonable period, either party may terminate the Agreement and the price paid is refunded free of charge within fourteen days at the latest.

The BUYER may first submit its complaints and objections arising from the Agreement directly through the SELLER's contact channels. The SELLER exercises the necessary care to conclude such requests as soon as possible.

If the dispute cannot be resolved, the BUYER may apply to the Consumer Arbitration Committee (Tüketici Hakem Heyeti) at the place where it purchased the product or where its place of residence is located, within the framework of the monetary limits redetermined each year by the Ministry of Trade. For disputes above these limits, the Consumer Courts (Tüketici Mahkemeleri) have jurisdiction; in places where there is no Consumer Court, the Civil Courts of First Instance (Asliye Hukuk Mahkemeleri) hear such cases in that capacity. An application to the arbitration committee may be made in person or by post, and may also be made through the Consumer Information System (Tüketici Bilgi Sistemi) via e-Devlet.

Without prejudice to the BUYER's rights arising from the Law, in disputes between the parties the SELLER's order records, electronic mail correspondence and system records shall be accepted as evidence.

• The Agreement is deemed concluded and enters into force when the BUYER approves electronically the order it has placed through the Site and completes the payment.
• The BUYER accepts that it has read all the conditions of the Agreement and of the Preliminary Information Form and has confirmed them electronically. Receipt of the order is verified by the order confirmation sent to the electronic mail address notified by the BUYER.
• The text of the Agreement can be accessed at any time through the Site; the BUYER may save the text by means of a durable medium and examine it in identical form at a later date.
• The SELLER may update the text of the Agreement in order to comply with changes in the legislation; for each order, the text published on the Site at the moment the order is placed shall apply.
• If a provision of the Agreement is deemed invalid, this shall not affect the validity of the other provisions; in place of the invalid provision, a provision that complies with the legislation and is closest to the purpose of the parties shall apply.