DISTANCE SALES AGREEMENT – PRELIMINARY INFORMATION FORM
Article 1 – Parties
1.1 SELLER
Name: Bilgesu Kadan
Address: Cevizli Mah., Maltepe / İstanbul
Phone: +90 532 768 07 83
Email: [email protected]
1.2 BUYER
The Buyer is the individual who makes a purchase from the online store www.humayart.com. The contact and address information provided by the Buyer during or without registration will be taken as the basis.
Full Name / National ID No:{{order.customer.firstName}}{{order.customer.lastName}}
Billing Address:{{order.billingFullAddress}}
Shipping Address:{{order.shippingFullAddress}}
Phone:{{order.shippingAddress.phone}}
Email:{{order.customer.email}}
1.3 PRODUCT FEATURES
The product is custom-made in accordance with the Buyer’s order.
Purchased Product(s):{{order.orderLineItems}}
1.4 TOTAL DELIVERY PRICE INCLUDING ALL TAXES
The sales price varies depending on the characteristics of the ordered product. The total sales amount including delivery and VAT is clearly indicated on the relevant section of the website. In case of dispute, invoice information will prevail.
Total Sales Price:{{order.totalFinalPrice}}
Shipping Fee:{{paymentInfo.shippingPrice}}
ARTICLE 2 – SUBJECT
2.1 The subject of this contract is to determine the rights and obligations of the parties in accordance with the Law on the Protection of Consumers No. 4077 and the Regulation on Distance Contracts, regarding the sale and delivery of the product(s) ordered by the Buyer electronically via the www.humayart.com website, whose characteristics and price are specified in Article 1.3 and 1.4.
2.2 The Buyer acknowledges that the product purchased from www.humayart.com is produced based on their custom request, and that it cannot be returned on the grounds of personal preference unless a production-related defect exists. The Buyer confirms having been informed about the main features of the product, the sales price, payment terms, delivery conditions, and the right of withdrawal, and confirms all preliminary information electronically before placing the order. The preliminary information and invoice available on the www.humayart.com website are integral parts of this contract. After entering all necessary information, the Buyer confirms acceptance by ticking the relevant checkbox and completes the order. Once the order is completed, the Buyer is deemed to have accepted all terms of this contract. An "Order Confirmation" email is sent to the Buyer’s registered email address once the order is placed.
ARTICLE 3 – PRODUCT DELIVERY
The product is delivered to the address requested by the Buyer. If the Buyer requests delivery to another person or address, it is carried out accordingly. Product delivery is made by courier companies. The Buyer must inspect the product before accepting delivery. Damaged or defective goods must not be accepted from the courier. By accepting the product, the Buyer confirms it was received intact. The Buyer is responsible for inspecting the product before acceptance.
Payment Method: Credit Card / Bank Transfer (EFT){{paymentInfo.paymentMethodType}}
Recipient Name:{{sellerInfo.merchantName}}
Phone Number:{{sellerInfo.merchantPhone}}
Delivery Address:{{order.shippingFullAddress}}
ARTICLE 4 – DELIVERY COSTS AND FULFILLMENT
4.1 Delivery costs are borne by the Buyer. Shipping fees are charged during the purchase process. If the Seller declares free shipping for orders exceeding a certain amount, the Seller will cover the shipping cost.
4.2 Even if the Buyer is not present at the delivery address at the time of delivery, the Seller will be deemed to have fulfilled its obligations. In such cases, any damages caused by delayed receipt or return of the product to the Seller will be borne by the Buyer.
4.3 All products sold on www.humayart.com are custom-made upon order. After confirming the product details and completing payment, production is finalized and delivered to the courier within 7 business days. The Seller is not responsible for delays caused by the courier company.
4.4 If the Seller is unable to fulfill delivery due to reasons such as production difficulties, force majeure, adverse weather, or transportation disruptions, they must inform the Buyer. Delivery is conditional upon full payment. If payment is not received or is canceled by the bank, the Seller is released from the obligation to deliver.
ARTICLE 5 – BUYER’S DECLARATIONS AND COMMITMENTS
5.1 Products are packaged securely to prevent damage during transport. The Buyer must inspect the product before acceptance. If any damage is detected, a report must be prepared with the courier. Unreported issues are considered accepted as intact.
5.2 The Buyer is responsible for keeping the product safe after delivery.
5.3 All products on www.humayart.com are custom-made upon Buyer request. Therefore, such products cannot be returned or exchanged, and the Buyer cannot exercise the right of withdrawal. By electronically accepting this contract, the Buyer acknowledges this limitation.
5.4 If the Buyer believes the received product is defective due to a production error, they must notify the Seller within 3 days and send photos of the defect. If the Seller confirms a production-related defect, they will request the product (with original packaging and invoice) to be returned at no cost to the Buyer and send a replacement.
5.5 The Buyer agrees not to perform unauthorized repairs or maintenance. Products damaged due to improper use will not be replaced.
5.6 If the Buyer's credit card is used fraudulently by third parties and payment is reversed, the Buyer must return the product within 3 days, provided it was delivered. Return shipping costs in this case are borne by the Buyer.
ARTICLE 6 – SELLER’S DECLARATIONS AND COMMITMENTS
6.1 The Seller is responsible for delivering the product intact, complete, and in accordance with the order. If delivery is to a third party and they refuse to accept the product, the Seller cannot be held liable.
6.2 The Seller informs the Buyer that products are made-to-order and cannot be returned or exchanged except in cases of production defects. The Seller assumes no legal or criminal responsibility for non-returnable products.
6.3 If delivery becomes impossible, the Seller will inform the Buyer before the performance deadline. The Buyer may cancel the order, request a replacement, or postpone delivery. In case of cancellation, the amount paid is refunded within 1–14 days.
ARTICLE 7 – PRODUCT CHARACTERISTICS
The specifications, size, color, and full price including taxes are indicated on the product page of www.humayart.com and in the invoice, which is considered an integral part of this contract. The Seller is not responsible for technical pricing errors.
ARTICLE 8 – PRODUCT PRICE
The full price is shown on the website and the invoice.
ARTICLE 9 – RIGHT OF WITHDRAWAL
9.1 The Buyer acknowledges being informed of the right of withdrawal. Costs arising from exercising this right are the Buyer's responsibility.
9.2 The Buyer must return the product within 3 days of notifying the Seller. All items including packaging, accessories, and gifts must be returned intact.
9.3 Written notice must be given via registered mail, WhatsApp, or email within 3 days. The product must remain unused and not fall under the “Non-Returnable Products” clause.
9.4 In the case of exercising the right of withdrawal:
a) The invoice must be returned. For corporate invoices, a return invoice must be issued.
b) The return form must be completed.
c) The product and all its packaging and accessories must be returned undamaged.
d) The Seller must refund the total amount within 10 days of receiving the notice.
e) If the product is damaged due to the Buyer’s fault, the Seller may claim compensation.
f) If a campaign discount becomes invalid due to the return, the discount is revoked.
ARTICLE 10 – NON-RETURNABLE PRODUCTS
The right of withdrawal cannot be exercised for:
a) Goods or services with price fluctuations in financial markets.
b) Products prepared according to consumer’s request or needs.
c) Perishable goods or goods with a short shelf life.
d) Products unsealed after delivery that are not suitable for return for hygiene reasons.
e) Goods mixed with other items after delivery and cannot be separated.
f) Books, digital content, and computer consumables unsealed after delivery.
g) Periodicals such as newspapers and magazines.
h) Accommodation, transportation, car rental, food and beverage supply, and leisure services on specific dates.
i) Digital goods delivered instantly or services performed with consumer consent before the withdrawal period ends.
ARTICLE 11 – DEFAULT AND LEGAL CONSEQUENCES
If the Buyer defaults on credit card payments, they are liable to the issuing bank under the credit card agreement. The bank may take legal action and demand costs and attorney fees. The Buyer agrees to compensate the Seller for any delays caused by default.
ARTICLE 12 – JURISDICTION
In disputes arising from this agreement, the Consumer Arbitration Committees and Consumer Courts in the residence area of the Buyer or Seller have jurisdiction, according to the thresholds announced by the Ministry of Industry and Trade. In areas without Consumer Courts, Civil Courts of First Instance will handle the matter.
ARTICLE 13 – ENFORCEMENT
When the Buyer confirms the checkbox for “I have read and agree to the Distance Sales Agreement / Preliminary Information Form” during checkout and payment is completed, this agreement becomes binding. The Seller must implement a technical system preventing order placement without such confirmation.
ARTICLE 14 – DEFECTIVE PRODUCT RETURN PROCESS
If the Buyer receives a damaged or defective product, Humayart requests detailed explanation and photos via email ([email protected]). Defects will be assessed within two business days. If approved, the product will be replaced. Return shipping for defective items is covered by Humayart; for all other reasons, return shipping is the Buyer's responsibility. Humayart does not accept “cash on delivery” returns.