DISTANCE SALES AGREEMENT

1. SUBJECT

The subject of this Distance Sales Agreement (the “Agreement”) is to determine the rights and obligations of the person (“BUYER”) who purchases product(s) via the ateliergajah.com website on the one hand, and Gajah Mimarlık Dekorasyon San. Tic. Ltd. Şti. (“SELLER”), responsible for the sale, supply, and delivery of the products subject to the order, on the other hand, in accordance with the Law on the Protection of Consumers numbered 6502 and the Distance Contracts Regulation.

The BUYER and the SELLER shall hereinafter be referred to separately as “Party” and collectively as “Parties”.

2. SELLER INFORMATION

Title: Gajah Mimarlık Dekorasyon San. Tic. Ltd. Şti.

Website: www.ateliergajah.com

Customer Services: +90 533 732 76 97

Email: info@ateliergajah.com

MERSİS No: 0388172703600001

Tax No: 3881727036

3. BUYER INFORMATION

Name Surname: [fatura-isim]

Address: [fatura-adres]

Phone: [telefon]

Email: [eposta]

4. BASIC CHARACTERISTICS AND SALES INFORMATION OF THE PRODUCT / PRODUCTS SUBJECT TO THE ORDER

Product / Products: [urun-listesi]

Shipping / Delivery Fee: [kargo-tutar]

Total Order Amount: [toplam-tutar]

Order Number: #[order_id]

Payment Method: [odeme-yontemi]

Delivery Address: [teslimat-adresi]

Billing Address: [fatura-adres]

5. RIGHT OF WITHDRAWAL

5.1.

The BUYER has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the goods subject to distance sale to them or to the person/organization at the address indicated by them, without giving any reason and without incurring any penalty. The costs related to the right of withdrawal are borne by the SELLER, subject to the exceptions in the legislation. 

5.2.

To exercise the right of withdrawal, an explicit statement of withdrawal must be sent to the SELLER via email or written notification within the 14-day period.

5.3.

In case of exercising the right of withdrawal:

a. The product must be returned with its invoice. If the invoice is issued in the name of a legal entity, a return invoice duly issued by the relevant legal entity must also be sent.

b. The product to be returned must be delivered complete with its box, packaging, standard accessories, and complementary components, if any.

c. The product must not have suffered any depreciation in value due to use. The consumer may only inspect the product within the ordinary limits of use to evaluate its nature, characteristics, and functioning.

5.4.

The SELLER shall refund the total amount collected to the BUYER in a single payment, in accordance with the payment method used during the purchase, within 14 days at the latest from the date the withdrawal notification reaches them. 

5.5.

The BUYER is obliged to return the product to the SELLER within 10 days from the date they send the withdrawal notification; however, this provision does not apply if the SELLER offers to take back the product personally.

5.6.

In the event of a decrease in the value of the product due to the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER for the damage in proportion to their fault.

5.7. Cases Where the Right of Withdrawal Cannot Be Exercised

Pursuant to Article 15 of the Distance Contracts Regulation, the right of withdrawal cannot be exercised in the following cases:

a. Goods or services whose price fluctuates depending on financial markets and are not under the control of the SELLER,

b. Goods prepared in line with the BUYER's requests or personal needs,

c. Perishable goods or goods whose expiry date may pass,

d. Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and are not suitable for return for health and hygiene reasons,

e. Goods that are mixed with other products after delivery and cannot be separated by their nature,

f. Books, digital content, and computer consumables presented in a tangible medium if their packaging has been opened,

g. Periodical publications such as newspapers and magazines, except for those provided under a subscription agreement,

h. Services related to accommodation, goods transportation, car rental, food and beverage supply, and leisure time activities that must be performed on a specific date or period,

i. Services performed instantly in electronic environment or intangible goods delivered instantly to the consumer,

j. Services whose performance has started with the consumer's consent before the end of the right of withdrawal period. 

5.8.

For products specially produced, personalized, or modified at the BUYER's request regarding their size, fabric, color, leather, wood tone, lacquer color, module structure, or similar elements, the right of withdrawal cannot be exercised in accordance with the relevant legislation. 

5.9.

In promotional or discounted orders, if the campaign conditions are violated due to a return made within the scope of the right of withdrawal, the discount amount provided within the campaign may be deducted from the amount to be refunded.

6. DELIVERY

6.1.

Delivery costs are borne by the BUYER unless explicitly stated otherwise during the order. The SELLER may cover all or part of the delivery fee within the scope of periodic campaigns.

6.2.

Delivery is made to the delivery address specified by the BUYER during the order. If the BUYER requests a change in the delivery address after the contract is established, any additional delivery or shipping fee incurred will be borne by the BUYER.

6.3.

The product subject to the order is delivered within the legal period of 30 (thirty) days. For payments made by bank transfer/EFT, the order processing date is the date the payment is received by the SELLER's accounts.

6.4.

If the product subject to the order cannot be supplied, the SELLER will inform the BUYER within a reasonable period from the date they learn of the situation. An equivalent product of similar quality and price may be sent with the BUYER's approval; if approval is not given, the order is canceled, and the collected amount is refunded.

6.5.

In case of delivery delays due to force majeure, logistical delays, weather conditions, natural disaster, official restrictions, or similar extraordinary circumstances, the SELLER will inform the BUYER. In this case, the BUYER can cancel the order, request an equivalent product, or choose to wait.

6.6.

If the BUYER is not present at the delivery address, if the person receiving the delivery does not accept the product, or if delivery cannot be made due to reasons originating from the BUYER, the SELLER is deemed to have fulfilled its delivery obligation.

6.7.

In cases where the products subject to the order cannot be transported inside the delivery address due to the building entrance, elevator, staircase, corridor, door measurements, or physical conditions; all additional costs arising from crane usage, external facade transportation, additional personnel, special assembly, or additional logistics services shall be borne by the BUYER.

6.8.

If the BUYER does not accept delivery within a reasonable period despite the SELLER's notification of readiness for delivery, storage, re-shipment, and similar costs may be passed on to the BUYER.

7. PRODUCT INSPECTION, DEFECTS AND LIABILITY

7.1.

The BUYER is obliged to visually inspect the product upon delivery and, if there is a visible damage incurred during transportation, to have the necessary report drawn up before taking delivery of the product.

7.2.

For products received without a report regarding visible damage or deficiency at the time of delivery, the BUYER is deemed to have accepted that the product was delivered in sound condition externally. Hidden defects are reserved.

7.3.

The SELLER's delivery obligation does not arise unless the BUYER pays the product price in full and completely. In installment payments, if the installments due are not paid, the SELLER reserves the right to suspend delivery or terminate the contract.

7.4.

If the payment related to the credit card used for the transaction is not transferred to the SELLER by the bank or financial institution for any reason, the BUYER is obliged to return the product within 3 days at the latest. All legal and contractual rights of the SELLER regarding the collection of the amount are reserved.

7.5.

If the BUYER requests changes, customization, or additional production on the product after the contract is established, the fulfillment of these requests is entirely subject to the SELLER's approval. If accepted, the additional fee incurred will be paid by the BUYER, and the delivery time may be re-determined accordingly.

8. CAMPAIGN SALES

8.1.

In case the campaign conditions announced by the SELLER on ateliergajah.com conflict with the provisions of this Agreement, the specifically stated conditions for the relevant campaign shall take precedence.

8.2.

Campaigns cannot be combined with other discounts, coupons, or promotions unless explicitly stated otherwise.

8.3.

The SELLER reserves the right to change campaign conditions or to terminate the campaign before its due date.

8.4.

Campaigns are limited to stock. In case of stock depletion, the SELLER has the right not to apply the campaign.

8.5.

In campaign orders, if partial return is made and campaign conditions are no longer met, the discount amount provided within the campaign may be deducted from the refund amount.

9. COMPLAINTS, REQUESTS AND DISPUTE RESOLUTION

9.1.

The BUYER can primarily submit all their requests and complaints through the SELLER's customer service channels.

9.2.

The BUYER may also apply to Consumer Arbitration Committees or Consumer Courts within the monetary limits announced annually by the Ministry of Trade for dispute resolution. For 2026, the application limit for consumer arbitration committees has been set as 186,000 TL. 

9.3.

In disputes that may arise from this Agreement, the consumer's legal application rights are reserved.

10. SEVERABILITY

If any provision of this Agreement becomes invalid, null, or unenforceable, it shall not affect the validity of the other provisions. The invalid provision shall be interpreted or applied with a valid provision closest to the parties' intent and legislation.

11. EFFECTIVENESS

The BUYER declares that they have read this Agreement electronically, understood all its provisions, obtained preliminary information before placing the order, and accepted the terms of the Agreement. This Agreement enters into force on the date it is approved electronically by the BUYER.