Distance Sales Agreement
1. PARTIES
This Distance Sales Agreement (“Agreement”) has been concluded electronically between the Buyer and the Seller under the terms and conditions set forth below. The Buyer and the Seller will be referred to as “Parties” together and “Party” separately within the scope of the Agreement.
2. DEFINITIONS
In the application and interpretation of the Agreement, the terms written below shall express the written explanations opposite them.
Buyer: The real person who acquires, uses, or benefits from a Good or Service for non-commercial or non-professional purposes,
Ministry: The Ministry of Trade of the Republic of Turkey,
Bank: Licensed institutions established in accordance with the Banking Law No. 5411,
Service: The subject of any consumer transaction other than the provision of a Product made or committed to be made for a fee or benefit,
Law: The Law on Consumer Protection No. 6502,
Cargo Company: The contracted cargo or logistics company that ensures the delivery of the Product to the Buyer and its return from the Buyer to the Seller during return processes,
Preliminary Information Form: The form prepared to inform the Buyer about the minimum matters specified in the Regulation before the conclusion of the Agreement or before any offer is accepted by the Buyer,
Platform: The internet website named www.ikonikankara.com belonging to the Seller and its mobile application,
Seller: Impact Hub Ankara Creative Project Development and Office Services Inc., which offers the Product/Service for sale through the Platform
Agreement: The Agreement concluded between the Seller and the Buyer,
Product: Movable goods subject to shopping, immovable properties for residence or holiday purposes, and all kinds of intangible goods such as software, audio, video, and similar prepared for use in electronic environment,
Regulation: Refers to the Regulation on Distance Contracts.
3. SUBJECT AND SCOPE OF THE AGREEMENT
3.1. The subject of the 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/Service with the characteristics specified in the Agreement, which the Buyer electronically ordered for purchase on the Platform. The Parties accept, declare, and undertake that they are aware of and understand their obligations and responsibilities arising from the Law and the Regulation under the Agreement.
3.2. In accordance with the legislation, the following Product/Service sales are not within the scope of the Agreement.
a) Financial services,
b) Sales made through automatic machines,
c) The use of public telephones by telecommunication operators,
d) Services related to betting, sweepstakes, lotteries, and similar games of chance,
e) The creation, transfer, or acquisition of immovable properties or rights related to these properties,
f) Housing rental,
g) Package tours,
h) Timeshare, holiday ownership, long-term holiday services, and their resale or exchange,
i) Delivery of daily consumption items such as food and beverages to the consumer's home or workplace within the scope of the seller's regular deliveries,
j) Passenger transportation services,
k) Installation, maintenance, and repair of Products,
l) Social services aimed at supporting families and individuals, such as nursing home services, child, elderly, or patient care,
m) Value-added electronic communication Services that do not involve subscription, established via short message and fully performed simultaneously, and donations within the scope of the Law on Collection of Aid No. 2860 dated 23/6/1983, and value-added electronic communication services offered by public institutions.
4. MATTERS ON WHICH THE BUYER HAS BEEN PREVIOUSLY INFORMED
The Buyer accepts, declares, and undertakes that before placing the order and concluding the Agreement, they have been accurately and completely informed about all matters related to the conclusion and implementation of the Agreement, including those listed below, through the relevant pages and sections of the Platform, the Agreement, the Preliminary Information Form, and other means, and that they have read and understood them.
a) Main characteristics of the Product/Service,
b) Seller's name or title, MERSIS number or tax identification number, and contact information, and other identifying information,
c) Sales transaction stages during the acquisition of the Product/Service from the Platform and appropriate tools-methods for correcting incorrectly entered information,
d) Electronic communication information (Phone: (850) 303 0 286, https://www.atonet.org.tr/) where information about the Professional Chamber (ATO-Ankara Chamber of Commerce) to which the Seller belongs and the rules of conduct foreseen by ATO for the profession can be obtained,
e) Privacy, data usage-processing, and electronic communication rules applicable to Buyer information applied by the Seller, the scope of permissions given by the Buyer to the Seller in these matters, the Buyer's legal rights, the Seller's rights, and the procedures for the Parties to exercise their rights,
f) Shipping restrictions foreseen by the Seller for the Product/Service,
g) Accepted payment methods-tools for the Product/Service, total sales price of the Product/Service including all taxes,
h) Information about the procedures for delivery of the Product/Service to the Buyer and additional costs such as transportation-delivery-cargo expenses,
i) Other payment/collection and delivery information and duration related to the Product/Service, and other information related to the performance of the Agreement and the responsibilities of the Parties in these matters,
j) Information on situations where the Buyer cannot exercise their right of withdrawal or under what conditions they will lose this right, including not using the right within the period,
k) In cases where the Buyer has the right of withdrawal, the conditions, period, and procedure for exercising this right, information regarding the Cargo Company foreseen by the Seller for return, and all financial matters (including return method and cost, refund of the Agreement price, and discounts and offsets that may be made due to reward points earned/used by the Buyer during the return),
l) Full address, fax number, or e-mail information to which the withdrawal notification will be made,
m) Upon the Seller's request, deposits or other financial guarantees to be paid or provided by the consumer, if any, and the conditions related to them,
n) Technical protection measures that may affect the functionality of digital content, if any,
o) Details of the conditions (special conditions) for the Buyer to benefit from various opportunities that may be applied on the Platform from time to time,
p) Information about which hardware or software the digital content can work with, which the Seller knows or is reasonably expected to know,
q) Information that the Agreement, after being approved by the Buyer on the Platform, will be sent to the Buyer by e-mail upon the Buyer's request and that the Buyer can access the Agreement from their membership account,
r) Information that in case of disputes, the Buyer can apply to the Consumer Court or the Consumer Arbitration Committee.
5. BUYER, SELLER, AND INVOICE INFORMATION
BUYER INFORMATION
Person to be delivered to
:
Delivery Address
:
Phone
:
Fax
:
E-mail / Username
:
SELLER INFORMATION
Seller's Title: Impact Hub Ankara Creative Project Development and Office Services Inc.
Seller's Address: Yıldızevler Mahallesi Kişinev Caddesi No.10 Çankaya/Ankara
Seller's Mersis Number: 0474079730600001
Seller's Tax Identification Number: Seğmenler VD- 4740797306
Seller's Phone:
–
Seller's Fax Number:
–
Seller's Complaint/Suggestion Channels: ikonik.ankara@impacthub.net e-mail address
INVOICE INFORMATION
Company Title / Name and Surname
:
Tax Office and Tax Identification Number
:
Address
:
Phone
:
Fax
:
E-mail/Username
:
Invoice Delivery
:
The invoice will be delivered with the order to the delivery address during order delivery and/or to the e-mail address via e-invoice method.
6. PRODUCT/SERVICE INFORMATION
6.1. The main features of the Product/Service (type, quantity, brand/model, color, number, price) are available on the Platform and can be examined in detail through the Platform.
6.2. All amounts to be paid for the Product/Service (total sales price including all taxes, shipping cost, installment difference amount, total discount amount earned in simultaneous purchases from open market and/or other boutiques, etc.) are shown in the table below.
Product/Service Description
Quantity
Cash Price
Subtotal (Including VAT)
Shipping Amount
Total
Delivery Address:
Person to be Delivered to:
Invoice Address:
Order Date:
Delivery Method:
Delivered to Buyer
Delivery Time*:
Delivery Time to Cargo Company**:
*Exceptions in the Agreement and relevant legislation provisions are reserved.
**The specified period is not a commitment of delivery; it refers to the time it takes for the seller to deliver to the cargo company.
7. GENERAL PROVISIONS
7.1. The Seller accepts, declares, and undertakes to deliver the Product/Service complete, in accordance with the characteristics specified in the order, and with warranty documents, user manuals, and other information and documents that must be delivered with the Product/Service as required by legislation, if any.
7.2. The Product is delivered to the Buyer or a third party designated by the Buyer by the Cargo Company to the delivery address specified by the Buyer on the Platform, within the promised delivery period and in any case not exceeding the legal period of 30 (thirty) days. If the Seller fails to perform its obligation within this period, the Buyer may terminate the Agreement. However, in sales of Product/Service prepared at the Buyer's request or for personal needs, the delivery period may exceed the relevant 30 (thirty) days. In addition, the delivery period for Product/Service specified as "Pre-Order" or "Production on Order" may also exceed 30 (thirty) days, and in such a case, the Buyer cannot terminate the Agreement due to non-delivery within 30 (thirty) days when purchasing a Product/Service that is "Production on Order" or "Pre-Order" prepared at the Buyer's request or for personal needs.
7.3. The Seller sends and delivers the Product to the Buyer via the Cargo Company. If the Cargo Company does not have a branch at the Buyer's location, the Buyer must pick up the Product from another nearby branch of the Cargo Company notified by the Seller.
7.5. If the Buyer fails to receive the Product/Service for any reason, it will be deemed that the Buyer has returned the Product/Service, and in this case, all payments collected from the Buyer, including delivery costs, if any, will be refunded to the Buyer within the legal period.
7.6. The Seller is not responsible for any damages and expenses arising from the Buyer's delayed receipt and/or non-receipt of the Product/Service if the Buyer or the third party designated by the Buyer is not at the address at the time of delivery.
7.7. The delivery costs of the Product/Service belong to the Buyer unless otherwise stipulated. If the Seller has declared on the Platform that the delivery fee will be covered by the Seller, the delivery costs will belong to the Seller.
7.8. The Seller may supply an equivalent Product/Service by informing the Buyer and explicitly obtaining their approval before the expiration of the performance obligation arising from the Agreement.
7.9. In cases where the performance of the Product/Service becomes impossible, the Seller is obliged to notify the Buyer in writing or with a data carrier within 3 (three) days from the date it learns of this situation and to refund all collected payments, including delivery costs, if any, within a maximum of 14 (fourteen) days from the notification date. The unavailability of the Product/Service in stock is not considered as the performance of the Product/Service becoming impossible.
7.10. The Buyer will inspect the Product before receiving it; it will not receive damaged, defective, or missing Product/Service such as dents, breaks, torn packaging, etc. The received Product/Service will be deemed undamaged and sound. The obligation to protect the Product carefully after delivery belongs to the Buyer. If the right of withdrawal is to be exercised, the Product/Service should not be used, and it must be returned together with the Product/Service invoice and all other documents delivered to the Buyer during delivery (e.g., warranty certificate, user manual, etc.).
7.11. The Buyer is obliged to pay the price subject to the Agreement and accepts, declares, and undertakes that for any reason, non-payment and/or cancellation of the price subject to the Agreement in the Bank's records will terminate the Seller's obligation to deliver the Product/Service and other obligations arising from the Agreement. The Buyer accepts, declares, and undertakes that the Seller has no responsibility regarding payments made by the Bank to the Seller despite the Bank sending a failed code for any reason.
7.12. If, after the delivery of the Product, the price subject to the Agreement is not paid to the Seller by the relevant Bank due to the unauthorized use of the Buyer's credit card by unauthorized persons, the Buyer accepts, declares, and undertakes to return the Product to the Seller within 3 (three) days, with the return costs belonging to the Buyer.
7.13. In situations where a refund is required to the Buyer for any reason within the scope of the Agreement, if the Buyer made the payment by credit card, 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 (two) to 3 (three) weeks, that the reflection of this amount in the Buyer's accounts after its return to the Bank by the Seller is entirely related to the Bank's processing period, and that the Bank is responsible for any possible delays, and that the Buyer cannot hold the Seller responsible for these.
7.14. If the Buyer and the credit card holder used during the order are not the same person, or if a security vulnerability related to the credit card used in the order is detected before the delivery of the Product/Service to the Buyer, the Seller may request the Buyer to provide identification 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 Bank confirming that the credit card belongs to the card holder. The order will be suspended during the period until the Buyer provides the requested information/documents, and if these requests are not met within 24 (twenty-four) hours, the Seller reserves the right to cancel the order.
7.15. In case of sending an un-ordered Product/Service, no rights can be asserted against the Buyer. In such cases, the Buyer's silence or use of the said Product/Service cannot be interpreted as an acceptance statement for the conclusion of the contract.
7.16. The number of Product/Service items that the Buyer can order may be restricted by announcements made on the Platform from time to time. If the Buyer wishes to order more Product/Service items than the number specified in the announcements made on the Platform, the order may be blocked. If it is detected after the order is placed that the Buyer has ordered more than the specified number, the orders exceeding the specified number may be canceled, and in this case, all payments collected, including delivery costs related to the canceled orders, if any, will be refunded to the Buyer within the legal period. The Buyer accepts, declares, and undertakes that by placing their order, they have accepted these terms and that orders exceeding the quantity limit may be blocked and canceled.
7.17. Orders that the Seller cannot supply for any reason may be transferred to another seller with the Buyer's approval, provided that they do not exceed the legal delivery period in the legislation and have the same characteristics as the Buyer's Product/Service. In such a case, the Product/Service will be sent to the Buyer by the new seller, and the Agreement will be concluded between the new seller and the Buyer. In this case, no additional price, fee, and/or cost will be reflected to the Buyer.
7.18. The Buyer, as a consumer, can submit their requests, complaints, and suggestions by using the Seller's contact information provided above and/or through the channels provided by the Platform.
8. SPECIAL CONDITIONS
8.2. If the Buyer chooses the corporate invoice option for their orders, the Seller will issue a corporate invoice using the tax identification number and tax office information provided by the Buyer through the Platform. It is entirely the Buyer's responsibility to enter the information to be included in the invoice correctly, accurately, and completely, and the Buyer is personally responsible for all damages that may arise due to this.
8.3. If payment is made by credit card through the Platform, the Bank may organize campaigns and apply a higher number of installments than the number of installments selected by the Buyer or offer additional services such as installment postponement. Such campaigns are at the discretion of the Bank. The total order amount will be divided by the number of installments and reflected on the credit card statement by the Bank from the statement date of the Buyer's credit card. The Bank may not distribute the installment amounts equally over the months, taking into account fractional differences. The creation of detailed payment plans is at the discretion of the Bank.
8.4. Digital products are not suitable for physical delivery, and delivery will be made as specified in the product conditions according to the product type. Regulations in the Contract regarding delivery methods and similar provisions applicable to physical products will not apply to digital products, and the provisions in these articles should be interpreted in accordance with the conditions and explanations specified in the product conditions, to the extent applicable.
8.6. In orders related to mobilization and aid efforts coordinated with official public institutions and organizations of the Republic of Turkey (e.g., aid packages, etc.), the right of withdrawal cannot be exercised pursuant to Article 15/1-h of the Regulation on Distance Contracts.
9. PROTECTION OF PERSONAL DATA AND INTELLECTUAL AND INDUSTRIAL RIGHTS
9.1. The Seller attaches importance to ensuring the security and protection of personal data obtained within the scope of this contract. The Seller processes and shares personal data obtained within the scope of this contract in accordance with the Law on the Protection of Personal Data No. 6698 and secondary legislation.
9.2. The Buyer accepts, declares, and undertakes that they are responsible for checking that the personal data provided within the scope of this Agreement is accurate, complete, and up-to-date, not sharing this information with third parties, taking necessary precautions, including those related to viruses and similar harmful applications, to prevent unauthorized access, and ensuring the security of said personal data, failing which they shall be personally liable for any damages incurred and for claims from third parties.
9.3. The Buyer will be able to access detailed information about the processing of their personal data through the Personal Data Illumination Text located under the Platform.
9.4. The Platform, and the intellectual and industrial property rights related to the goods and services offered for sale through the Platform, or the rights to use them, belong to Impact Hub Ankara Creative Project Development and Office Services Inc.
10. RIGHT OF WITHDRAWAL
10.1. The Buyer has the right to withdraw from the Contract within 14 (fourteen) days without giving any reason and without paying any penalty.
10.2. The withdrawal period begins on the day the Contract for the Service is concluded; for the Product, it begins on the day the Buyer or a third party designated by the Buyer receives the Product. However, the Buyer may also exercise their right of withdrawal during the period from the conclusion of the Contract until the delivery of the Product.
10.3. In determining the withdrawal period:
a) For a Product that is the subject of a single order but delivered separately, the day the Buyer or a third party designated by the Buyer receives the last Product,
b) For a Product consisting of multiple parts, the day the Buyer or a third party designated by the Buyer receives the last part,
c) In cases where the Product is delivered regularly over a certain period, the day the Buyer or a third party designated by the Buyer receives the first Product
is taken as a basis.
10.4. In cases where Product delivery and Service performance occur together, the provisions regarding the right of withdrawal for Product delivery shall apply.
10.5. The Seller;
a) In case the Buyer exercises the right of withdrawal before the delivery of the Product or the performance of the Service, from the date the notification of withdrawal is received by the Seller,
b) In case the Buyer exercises the right of withdrawal after the delivery of the Product, if the price has not been transferred to the Seller as of the date the withdrawal notification is received, from the date the Product subject to withdrawal is delivered to the Cargo Company specified for return, or if returned with a Cargo Company other than the one specified for return, from the date it reaches the Seller,
c) In case the Buyer exercises their right to terminate the Contract due to the inability to deliver the order within the legal period, from the date the termination notification is received by the Seller,
is responsible for refunding the contract price collected and delivery costs to the Buyer within 14 (fourteen) days.
10.6. It is obligatory to make the withdrawal notification and other notifications regarding the Contract through the communication channels specified on the Platform, in accordance with the legislation and within the specified period. Communication channels for withdrawal notifications can be accessed via the link https://ikonikankara.com/pages/contact.
10.7. In case the right of withdrawal is exercised:
a) The Buyer returns the Product to the Seller via the Cargo Company within 14 (fourteen) days from exercising the right of withdrawal.
b) The Product box, packaging, standard accessories if any, and other Products given as gifts with the Product, if any, must be returned completely and undamaged within the scope of the right of withdrawal.
10.8. The Buyer is responsible for changes and deterioration that occur if the Product is used by the Buyer in accordance with its operation, technical specifications, and usage instructions within the withdrawal period.
10.9. Within 14 (fourteen) days following the exercise of the right of withdrawal, the contract amounts are refunded to the Buyer using the Buyer's payment method. When returning the Product/Service to the Seller, the original invoice presented to the Buyer during the delivery of the Product/Service must also be returned by the Buyer. If the Buyer requests a corporate invoice, a return invoice must be issued for the return of the relevant Product/Service, or if possible, the commercial invoice must be rejected from their own systems within the due period.
10.10. As long as the Buyer sends the Product/Service to be returned to the Seller via the Seller's Cargo Company specified in the Preliminary Information Form, the return shipping cost belongs to the Seller. If there is no branch of the Seller's Cargo Company at the Buyer's location for return, the Buyer may send the Product with any Cargo Company. In this case, the Seller is not responsible for the return shipping cost and any damage the Product may incur during shipping.
10.11. The Buyer shall exercise their right of withdrawal within the period and procedures specified in this article, otherwise they will lose their right of withdrawal.
11. CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
11.1. The Buyer cannot exercise the right of withdrawal in the following contracts:
a) Contracts for goods or services whose prices fluctuate depending on financial markets and are outside the control of the Seller,
b) Contracts for goods prepared in accordance with the consumer's wishes or personal needs,
c) Contracts for the delivery of perishable goods or goods whose expiration date may pass quickly,
d) Contracts for the delivery of goods from which protective elements such as packaging, tape, seal, package have been opened after delivery, and whose return is not suitable for health and hygiene reasons,
e) Contracts for goods that mix with other products after delivery and cannot be separated due to their nature,
f) Contracts for books, digital content, and computer consumables presented in a tangible medium, if protective elements such as packaging, tape, seal, package have been opened after the delivery of the Product,
g) Contracts for the delivery of periodicals such as newspapers and magazines, excluding those provided under subscription contracts,
h) Contracts relating to accommodation, goods transport, car rental, food and beverage supply, and leisure activities for entertainment or recreation, which must be made on a specific date or period,
i) Contracts for services performed instantly in electronic environment and intangible goods delivered instantly to the Buyer,
j) Contracts for services whose performance has begun with the Buyer's approval before the expiry of the right of withdrawal period,
the right of withdrawal cannot be exercised; no return code can be generated for these orders via the Platform.
11.2. If the Product/Service consists of Product/Service types excluded from the scope of the Regulation, the right of withdrawal cannot be exercised due to the inapplicability of the Regulation's provisions to the legal relationship between the Buyer and the Seller; no return code can be created for these orders via the Platform.
11.3. In cases where an electronic code is purchased through the Platform, the right of withdrawal will not apply to such orders in accordance with the Regulation. No return code can be generated for these orders via the Platform.
12. RESOLUTION OF DISPUTES
12.1. In the application of the Contract, Consumer Arbitration Committees and Consumer Courts in the place where the Buyer purchased the Product/Service and resides, in accordance with the values announced by the Ministry, are authorized.
13. NOTIFICATIONS AND EVIDENCE AGREEMENT
13.1. All correspondence between the Parties under the Contract shall be conducted via email, except for mandatory cases specified in the legislation.
13.2. The Buyer accepts, declares, and undertakes that in disputes arising from the Contract, the Seller's commercial books, computer, records, and other documents shall constitute binding, conclusive, and exclusive evidence, and that this article constitutes an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure.
14. EFFECTIVE DATE
14.1. The Contract, consisting of 14 (fourteen) articles, has been read by the Parties, concluded, and entered into force by electronic approval by the Buyer on the date of the transaction. A copy of the Contract is available in the Buyer's membership account and can also be sent via email upon request.