1. PARTIES

 

This Distance Sales Agreement (“Agreement”) is concluded electronically between Güliz Bolcan Solakoğulları (the “Seller”), operating at Üçevler Mah., Üster Sk. No:11-G, Nilüfer, Bursa, Türkiye, and the person who purchases the Seller’s products/services via the website gufeeling.com (the “Buyer”).

The Seller and the Buyer may each be referred to individually as a “Party” and collectively as the “Parties”.

 

By confirming this Agreement electronically, the Parties acknowledge, declare, and undertake that they have read the entire Agreement, fully understood its contents, and approved all of its provisions.

 

SELLER

Name/Title: Güliz Bolcan Solakoğulları
Address: Üçevler Mah., Üster Sk. No:11-G, Nilüfer, Bursa, Türkiye
Phone: +90 547 520 77 70
Email: info@gufeeling.com

 

BUYER

Full Name: [Declared during checkout]
Address: [Shipping address]
Phone: [If provided]
Email: [Order email]

By purchasing products/services from the Seller, the Buyer acknowledges, declares, and undertakes that they have read and approved this Agreement in full, and that the information provided during purchase is accurate.

 

2. SUBJECT AND SCOPE OF THE AGREEMENT

 

This Agreement sets out the rights and obligations of the Parties, pursuant to Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of the product(s) that the Buyer orders electronically via the Seller’s website, with the product’s characteristics and sales price specified below.

 

Prices listed and published on the website are the sales prices. Published prices and offers remain valid until updated or changed. Time-limited prices are valid until the stated end date.

 

The total sales price of the goods and/or services under this Agreement, including all taxes, is shown below:

 

• Product(s): [Product name]
• Quantity: [Quantity]
• Unit Price: [₺]
• Subtotal: [₺]
• Shipping Fee: [₺]
• Total (incl. VAT): [₺]
• Payment Method: [Credit card / Bank transfer etc.]
• Delivery Address: [Shipping address]
• Billing Address: [Billing address]
• Order Date: [Order date]

The total amount stated above is collected from the Buyer by Güliz Bolcan Solakoğulları. Shipping costs (delivery charges) shall be paid by the Buyer.

Carrier Information: Carriers used by the Seller (Kolay Gelsin, HepsiJet, Yurtiçi Kargo, Aras Kargo, DHL and UPS). The applicable carrier information will be automatically displayed/sent to the customer.

 

3. DELIVERY

 

Unless the product is customized according to the Buyer’s specific request or personal needs, the product will be delivered to the Buyer (or to the person/entity at the address indicated by the Buyer) within the period stated in the pre-contract information form, depending on the distance of the Buyer’s location, and in any event no later than 30 (thirty) days as required by law.

 

For the avoidance of doubt, delivery of the product(s) is conditional upon (i) the Buyer’s electronic confirmation of this Agreement and the Pre-Information Form, and (ii) full payment of the product price via the Buyer’s chosen payment method. If the product price is not paid, is paid incompletely, or the payment is cancelled in bank records for any reason, the Seller shall be deemed released from the obligation to deliver.

 

If performance of the order becomes impossible, the Seller shall notify the Buyer in writing or via a durable medium within 3 (three) days from the date it becomes aware of such impossibility, and shall refund all amounts collected (including delivery costs, if any) to the Buyer within 14 (fourteen) days at the latest from the notification date.

 

4. BUYER’S DECLARATIONS AND UNDERTAKINGS

 

The Buyer acknowledges, declares, and undertakes that they have read and understood the preliminary information provided on the Site regarding the main characteristics of the product/service, the sales price, payment method, delivery and shipping costs; that they have provided the necessary electronic confirmation; that by confirming the order on the Site they enter into a PAYMENT OBLIGATION; and that the sales price will be collected from the credit/debit card details entered for the payment transaction.

 

By electronically confirming this Agreement and the Pre-Information Form, the Buyer is deemed to have obtained accurate and complete information that must be provided before distance contracts are concluded, including the Seller’s address, the main characteristics of the ordered product/service, the price including taxes, payment, delivery, and delivery costs.

 

If, after delivery, the Buyer’s card is unlawfully used by unauthorized persons (not due to the Buyer’s fault) and the relevant bank/financial institution does not pay the product/service price to the Seller, the Buyer must return the product/service to the Seller within 3 (three) days, provided that it has been delivered. In such case, delivery costs shall be borne by the Buyer.

 

The Seller is responsible for delivering the product in a sound, complete manner and in conformity with the specifications stated in the order. For a justified reason, and provided that the Buyer is informed and gives explicit consent, the Seller may supply an alternative product/service of equal quality and price before the performance period expires.

 

Confirmation of this Agreement and payment of the order price are required for delivery. If the price is not paid or is cancelled in bank records, the Seller shall be deemed released from the delivery obligation.

The Seller is responsible for loss and damage until the goods are delivered to the Buyer or to a third party designated by the Buyer (other than the carrier). If the Buyer requests shipment via a carrier other than the one designated by the Seller, the Seller is not responsible for loss or damage occurring after delivery of the goods to such carrier.

 

The Seller’s services are intended for end consumers. If the Seller suspects the Buyer’s intent to resell, the Seller reserves the right to cancel the order and not deliver the products even if this Agreement has been concluded.

Before accepting delivery, the Buyer should inspect the product and should not accept damaged/defective goods that can be identified upon ordinary inspection. If the Buyer accepts delivery, the product is deemed accepted as sound and undamaged.

 

5. SELLER’S DECLARATIONS AND UNDERTAKINGS

 

The Seller is responsible for delivering the product/service to the Buyer in compliance with consumer legislation, sound and complete, in conformity with the specifications stated in the order, together with any warranty certificates and user manuals (if applicable).

 

For a justified reason, and provided that the Buyer is informed and gives explicit consent, the Seller may supply an alternative product of equal quality and price before the performance period expires.

 

6. RIGHT OF WITHDRAWAL

 

Without prejudice to other provisions of this Agreement, the provisions of this Article apply only if the Buyer qualifies as a “consumer” under applicable legislation.

Pursuant to Law No. 6502 and the Regulation on Distance Contracts, a consumer Buyer has the right to withdraw:

• In service contracts: within 14 (fourteen) days from the date the contract is concluded;
• In distance sales of goods: within 14 (fourteen) days from the date the goods are delivered,

without stating any reason and without paying any penalty.

It is sufficient that the withdrawal notice is sent to the Seller in writing or via a durable medium within this period. The Seller’s contact details for withdrawal notices are:

 

Address: Üçevler Mah., Üster Sk. No:11-G, Nilüfer, Bursa, Türkiye
Phone: +90 547 520 77 70
Email: info@gufeeling.com

After the withdrawal notice is received, the consumer Buyer will be informed.

The Seller shall refund all payments received from the consumer Buyer (including delivery costs, if any) within 14 (fourteen) days from the date the withdrawal notice reaches the Seller, in a single transaction, using a method appropriate to the payment instrument used, and without charging the consumer Buyer any cost or obligation. 

 

To exercise the right of withdrawal, the consumer Buyer must send a written return request to info@gufeeling.com. After the request is received, the Seller will provide a return shipping code.

The consumer Buyer must return the product using only the provided return shipping code and via the Seller’s contracted courier. If the return shipping code is not used and/or the product is returned via a courier other than the Seller’s contracted courier, all shipping costs shall be borne by the consumer Buyer.

Cash-on-delivery/collect shipments will not be accepted by the Seller, and the Seller shall not be responsible if the product does not reach the Seller or is delayed due to such shipment method.

The consumer Buyer must send the goods back to the Seller within 10 (ten) days from the date the withdrawal notice is sent. The invoice, box, packaging, standard accessories (if any), and any gifted items provided due to the purchase must be returned complete and undamaged. During the withdrawal period, the consumer Buyer must use the product in accordance with its operation, technical specifications, and instructions; otherwise, the consumer Buyer is responsible for any changes or deterioration.

Refund processing times may vary depending on bank procedures. The Seller cannot intervene in bank processing times, and the refund may take time to reflect on the consumer Buyer’s bank account or credit card.

Exceptions to the right of withdrawal: Pursuant to Article 15 of the Regulation on Distance Contracts, the right of withdrawal does not apply to, among others: goods/services whose price depends on financial market fluctuations beyond the Seller’s control; goods prepared in line with the consumer’s requests or personal needs; perishable goods or goods with a short expiration date; goods whose protective elements (packaging, seal, band, etc.) have been opened after delivery and are not suitable for return for health/hygiene reasons; goods that are inseparably mixed with other goods after delivery; books/digital content/computer consumables if protective packaging is opened after delivery; periodicals such as newspapers and magazines (except subscription contracts); services that must be performed on a specific date/period (accommodation, transport of goods, car rental, catering, leisure services); services performed instantly in electronic environment or intangible goods delivered instantly; and services whose performance has started with the consumer’s approval before the withdrawal period ends.

Complaints and objections: Complaints and objections arising from this Agreement may be made to the Consumer Arbitration Committee or Consumer Court located where the Buyer resides or where the consumer transaction was performed, subject to the monetary limits announced each December by the Ministry of Trade.

 

7. SELLER’S COMPLAINT RESOLUTION METHOD

 

The Buyer may submit complaints regarding purchased goods and/or services directly to the Seller using the Seller’s contact details above. Upon receipt of a complaint, the Seller will provide all possible support to resolve the matter.

 

8. STATE OF DEFAULT AND LEGAL CONSEQUENCES

 

If the Buyer defaults in credit card transactions, the cardholder shall be responsible to the bank under the credit card agreement. The bank may pursue legal remedies and request related costs and attorney’s fees from the Buyer. In any case of default, the Buyer shall be responsible for all losses and damages suffered by the Seller.

 

9. INTELLECTUAL PROPERTY

 

The Buyer acknowledges and declares that all rights under the Turkish Intellectual and Artistic Works Law (FSEK) related to the designs, textures, patterns, drawings, design elements (icons, buttons, etc.), styles, gradients, solid color tones, graphic designs, illustrations, drawings, and all elements used in the design of products produced by the Seller and sold on the Site belong to the Seller.

All information and content on the Site, and the arrangement, revision, and partial/complete use thereof (excluding those belonging to third parties per agreement), are protected and belong to the Seller. Products purchased by the Buyer (in whole or in part) and/or any information, software, or service derived from them may not be modified, copied, distributed, reproduced, published, used to create derivative works, transferred, or sold. The Buyer undertakes not to use the purchased product(s) for unlawful purposes or in prohibited ways. Otherwise, all civil and criminal liability belongs to the Buyer, and the Seller reserves the right to claim compensation and other remedies against any claims brought by third parties or authorities due to unauthorized use.

 

10. DISPUTE RESOLUTION

 

All complaints and objections arising from this Agreement may be submitted to the Consumer Arbitration Committee or Consumer Court located where the Buyer resides or where the consumer transaction was performed, subject to the monetary limits announced each December by the Ministry of Trade.

 

11. OTHER PROVISIONS

 

The Seller may assign its rights and obligations under this Agreement to third parties without the Buyer’s consent. The Buyer may not assign its rights and obligations under this Agreement to third parties without the Seller’s consent.

In disputes arising under this Agreement, the Buyer accepts that the Seller’s electronic records and system logs, commercial records, books, microfilm/microfiche records, and computer records kept in the Seller’s database or servers constitute valid, binding, definitive, and exclusive evidence; and that the Buyer waives the right to offer an oath to the Seller. This clause constitutes an evidence agreement within the meaning of Article 193 of the Turkish Code of Civil Procedure.

 

Events beyond the Parties’ control that prevent and/or delay performance without fault or negligence of the relevant Party shall be deemed force majeure (e.g., strike, lockout, declared or undeclared war, civil war, terror acts, earthquake, fire, flood, similar natural disasters, legislative/administrative acts of authorities, technical failures and delays caused by internet service providers, etc.). The Parties shall not be liable for failure or delay caused by such events. The affected Party shall notify the other Party in writing as soon as possible and provide, as soon as possible, a document evidencing the force majeure event issued by a competent authority/person where applicable.

 

12. EFFECTIVE DATE

 

This Agreement is concluded and enters into force on the date it is approved online by the Buyer electronically. Transactions performed via the Site are deemed binding declarations of intent under the Turkish Code of Obligations, consumer legislation, and other applicable laws.

 

The text of this Agreement will be sent to the Buyer’s email address immediately after approval and will be stored by the Seller for 3 (three) years. The Buyer may request a copy of this Agreement by emailing info@gufeeling.com.

SELLER: Güliz Bolcan Solakoğulları – Gü Feeling
BUYER: [Declared during checkout]