Distance Sales Contract
All users are deemed to have read and accepted the sales contract when they complete their membership process.
Sales Contract This is a Virtual Sales Contract between flowerartistanbul.com (Yasin Mete Mert – Flower Art Istanbul) and the Customer.
ARTICLE 1 – SUBJECT
The subject matter of this agreement is to determine the rights and obligations of the parties under the Consumer Protection Law No. 4077, the Distance Contracts Regulation and other relevant legal provisions regarding the sale and delivery of the product whose specifications and sales price are indicated below, which the SELLER sells to the BUYER.
ARTICLE 2 – ESTABLISHMENT OF THE CONTRACT
2.1 THE BUYER AGREES THAT HE/SHE HAS READ, UNDERSTOOD AND IS AWARE OF HIS/HER RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT.
2.2 THE SELLER AND THE BUYER AGREE THAT THERE IS NO DISPROPORTION BETWEEN THE COMMITMENTS SET FORTH IN THE AGREEMENT AND THAT THE MUTUAL COMMITMENTS ARE SUITABLE FOR THE NATURE OF THE BUSINESS COVERED BY THE TRANSACTION, AND THAT THEY DO NOT HAVE ANY INEXPERIENCE WITH REGARD TO THE TRANSACTIONS COVERED BY THE SUBJECT OF THE AGREEMENT.
2.3 THE BUYER AGREES THAT HE/SHE HAS FULLY CONVINCED THAT THE TRANSACTIONS INCLUDED IN THE AGREEMENT ARE IN HIS/HER BEST INTERESTS, AND THAT HE/SHE WILL COMPLY WITH ALL CONDITIONS FREELY, WITHOUT ANY DIFFICULTY OR DISTRESS, BY THINKING, DESIRING AND KNOWINGLY.
2.4 THE SELLER AND THE BUYER AGREE THAT THE PROVISIONS OF THIS AGREEMENT DO NOT CARRY ANY CHARACTERISTICS THAT COULD BE CONSIDERED UNFAIR TERMS, AND THAT THERE IS NO UNFAIRNESS IN TERMS OF THE BALANCE OF INTERESTS.
2.5 THIS AGREEMENT, ITS ANNEXES, THE INFORMATION SUPPLIED AND THE SUBJECTS APPROVED BY ELECTRONIC MEANS FOR THE TRANSACTIONS PERFORMED THROUGH flowerartistanbul.com ARE SUBJECT TO THE PROVISIONS OF ARTICLE 6 OF THE REGULATION ON APPLICATION PROCEDURES AND PRINCIPLES REGARDING CAMPAIGN SALES.
2.6 The provisions of this contract do not contain any unfair terms according to the Regulation on Unfair Contractual Terms in Consumer Contracts. These terms comply with the principles of good faith and honesty and are prepared in accordance with legislation for the protection of the consumer. 2.7 This contract is prepared in consideration of the provisions of the New Turkish Code of Obligations No. 6098. The mandatory provisions and content review, as set forth in Article 21 of the New Code of Obligations, have been carried out by the buyer. None of the provisions of this contract contain any terms foreign to the nature of this contract and the characteristics of the work. The terms are written in clear language and do not have multiple meanings.
Article 3 – Seller Information:
Name: Yasin Mete Mert – Flower Art Istanbul Address: Çelik Sk. Yuvam Apt. No. 17/A Shop, Postal Code: 34734 Sahrayıcedit Mah. Kadıköy/Istanbul Phone: +90530 312 2657 Email: info@flowerartistanbul.com
Article 4 – Buyer Information:
Name/Surname/Title: Address: Phone: Email:
Article 5 – Product Information:
Type, quantity, brand/model, color, price, payment method, and delivery details of the product/service subject to the contract are as follows: Contract Date: Delivery Date of the Product: .. Delivery expenses: TL USD EURO GBP Product/Service Type: Flower Delivery Quantity: 1 Piece Brand/Model: Cash Sales Price (Including Taxes): TL USD EURO GBP
Article 6 – General Provisions:
6.1 The buyer declares that they have read and become informed of all preliminary information related to the fundamental qualities of the product/service subject to the contract, sales price, payment method, and delivery details as set out in Article 5 and given the necessary confirmation electronically.
6.2 The product subject to the contract shall be delivered to the BUYER within the time period indicated in the preliminary information, depending on the distance of the BUYER’s place of residence, provided that it does not exceed the legal period of 30 days, or to the person/organization indicated by the BUYER at the address. This period may be extended up to 10 days at most, provided that it is notified to the consumer in writing.
6.3 If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER shall not be held responsible for the refusal of acceptance of the delivery by the person/organization to be delivered.
6.4 The SELLER is responsible for delivering the product subject to the contract in sound, complete, and in compliance with the qualities specified in the order. With a justifiable reason, the SELLER may supply goods or services of equal quality and price to the BUYER before the performance obligation arising from the contract expires.
6.5 The confirmation of this agreement in electronic form and the payment of the price of the order subject to the contract are mandatory for the delivery of the product subject to the contract. If the product price is not paid for any reason or is canceled in the bank records, the SELLER is deemed to have been released from the obligation to deliver the product.
6.6 If the SELLER fails to deliver the product subject to the contract within the agreed time due to extraordinary circumstances such as force majeure or transportation interruption caused by adverse weather conditions, the SELLER is obliged to inform the BUYER of the situation. In this case, the BUYER may use one of the rights to cancel the order, exchange the product with its equivalent, if any, and/or postpone the delivery time until the obstacle is removed. D
When selecting delivery times within the delivery time slots of 09:00 to 15:00 and 15:00 to 21:00, please note that due to high demand and traffic conditions, there may be delays in the delivery time for this order, which are acceptable.
In case the BUYER cancels the order, the amount paid by them will be refunded within 10 days.
6.7 If the BUYER fails to fulfill their payment obligation in any way specified in this contract, the SELLER may initiate enforcement proceedings to collect the product price that could not be collected, together with the interest to be charged on the price of the product on the delivery date and at the interest rates specified in the contract, file a debt action, and resort to other legal remedies.
Delivery Restrictions and Seller’s Right to Cancel the Order
6.8 On our website, customers manually enter the delivery address. Therefore, the system may technically accept addresses outside of our service area. However, flower delivery is not available to the following regions: Silivri, Şile, Çatalca, Arnavutköy, and some neighborhoods of the Sarıyer district. Orders to these areas will be automatically canceled, and any payments will be refunded to the customer within 10 days at the latest.
In addition to these regions, the SELLER also reserves the right to unilaterally cancel any order for legitimate and reasonable reasons, including but not limited to: inability to supply the product, actual impossibility of delivery, missing or inconsistent order information, or failure of the BUYER to fulfill payment obligations. In such cases, any payment received will again be refunded within 10 days.
This right is based on Article 475 of the Turkish Code of Obligations and the Law on Consumer Protection, which grant the SELLER the right to withdraw from the contract in cases of impossibility of performance and in line with the principle of good faith.
ARTICLE 7 – RIGHT OF WITHDRAWAL
According to the 4th paragraph (c) of the Distance Contracts Regulation’s Article 7 titled “Right of Withdrawal,” the consumer cannot use the right of withdrawal for goods prepared in line with their requests or clearly personal needs. In addition, there is no right of withdrawal for contracts regarding the delivery of goods that are not suitable for return due to their nature and pose a risk of quick deterioration or may have expired.
ARTICLE 8 – AUTHORIZED COURT
Any complaints and objections arising from this agreement may be filed by the BUYER or the SELLER, depending on the monetary limits determined by the Ministry of Customs and Trade in December of each year, with the
