Distance Sales Agreement

PARTIES

This Distance Sales Agreement (“Agreement”) is concluded electronically between ELAY EV TEKSTİL ÜRÜNLERİ VE TİCARET LİMİTED ŞİRKETİ, a company registered under MERSIS No. 0329218190300001, having its registered office at Salacak Mahallesi, Doğancılar Caddesi, No:106, İç Kapı No:4, Üsküdar / İstanbul, Türkiye (“Seller”), and the individual purchasing products and/or services through the website www.dreamspaces.com.tr (“Buyer”).

The Parties declare that they have read, understood, and accepted all provisions of this Agreement.

SELLER INFORMATION
Trade Name: ELAY EV TEKSTİL ÜRÜNLERİ VE TİCARET LİMİTED ŞİRKETİ
Registered Address: Salacak Mah., Doğancılar Cad., No:106, İç Kapı No:4, Üsküdar / İstanbul
MERSIS No: 0329218190300001
E-mail: elifgoktan@dreamspaces.com.tr
Telephone: +90532271129

BUYER INFORMATION
Name and Surname:
Address:
Telephone:
E-mail:

(Hereinafter individually referred to as a “Party” and collectively as the “Parties.”)

By confirming their order, the Buyer acknowledges that they have read, understood, and agreed to be bound by this Agreement and all related documents.

FORMATION OF THE AGREEMENT

The Buyer acknowledges that they are aware of their rights and obligations under this Agreement and that the terms are fair, transparent, and in accordance with the Turkish Code of Obligations, Law No. 6502 on the Protection of Consumers, and the Regulation on Distance Contracts.

The Parties agree that the terms of this Agreement do not contain any unfair provisions and are consistent with the principles of good faith and balance of interests.

SUBJECT AND SCOPE OF THE AGREEMENT

The subject of this Agreement is to determine the mutual rights and obligations of the Parties in accordance with Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of the products and/or services ordered electronically by the Buyer through the website www.dreamspaces.com.tr, the characteristics and price of which are specified below.

DESCRIPTION OF GOODS / SERVICES

Product Type: Product(s) and/or service(s) sold by the Seller to the Buyer through the Website.

PAYMENT AND DELIVERY CONDITIONS

Total product price (excluding shipping):

Shipping fee:
Total product price (including VAT and shipping):
Delivery Address:

Recipient:

The total product price is collected by ELAY EV TEKSTİL ÜRÜNLERİ VE TİCARET LİMİTED ŞİRKETİ from the Buyer.

Carrier Company:

All deliveries are carried out via DHL. Once the order has been shipped, the Buyer will automatically receive tracking information by e-mail.

DELIVERY

Unless the goods are customized according to the Buyer’s personal specifications, delivery shall be made to the Buyer or to a person designated by them within 30 (thirty) days at the latest, depending on the delivery address, as stated in the pre-information form.

If the product price is not paid in full, or if the payment is cancelled in the bank’s records, the Seller is deemed to be released from the obligation to deliver.

If the Seller cannot fulfill its obligations due to impossibility of performance, the Seller shall inform the Buyer within 3 (three) days and refund all payments received, including delivery costs, within 14 (fourteen) days from the notification date.

BUYER’S REPRESENTATIONS AND OBLIGATIONS

The Buyer confirms that they have been informed about the product’s characteristics, total price, payment and delivery terms before placing the order and that they are aware that order confirmation creates a payment obligation.

If the goods are to be delivered to a person other than the Buyer, and that person refuses to accept the delivery, the Seller cannot be held responsible.

If the Buyer is not present at the address at the time of delivery, the shipment will not be left at another address. Any resulting legal consequences or additional costs will be borne by the Buyer.

The Buyer must inspect the product before accepting delivery. Products that are visibly damaged or defective must not be accepted. Acceptance of the delivery implies that the goods have been received in good condition.

SELLER’S REPRESENTATIONS AND OBLIGATIONS

The Seller undertakes to deliver the goods in accordance with consumer protection laws — sound, complete, in compliance with the specifications stated in the order, and accompanied by all relevant documents (warranty certificate, user manual, etc., where applicable).

The Seller may, for justified reasons and with the Buyer’s consent, deliver a product of equal quality and price before the performance period expires.

RIGHT OF WITHDRAWAL

If the Buyer qualifies as a “consumer” under Law No. 6502, they have the right to withdraw from this Agreement within 14 (fourteen) days without providing any reason and without incurring any penalty.

The withdrawal period starts on the day the goods are delivered to the Buyer (or to a third party designated by them). A written or electronic notice sent to the Seller within this period is sufficient.

Withdrawal notice contact details:

Address: Salacak Mah., Doğancılar Cad., No:106, İç Kapı No:4, Üsküdar / İstanbul

E-mail: elifgoktan@dreamspaces.com.tr

Upon receipt of the withdrawal notice, the Seller shall refund all payments received, including delivery costs, within 14 (fourteen) days, using the same payment method employed by the Buyer.

The Buyer must return the goods within 10 (ten) days from the date of withdrawal notification. The goods must be returned in their original packaging, unused, undamaged, with the invoice and all accessories included.

Return Shipping:

All return shipments must be made via DHL Express, the Seller’s contracted carrier. If the Buyer uses any other courier, all costs and risks related to the return shipment shall be borne by the Buyer.

The right of withdrawal does not apply to:

• Goods prepared according to the Buyer’s specifications or personalized items,
• Perishable goods or goods with a limited shelf life,
• Goods unsealed after delivery that are not suitable for return due to hygiene reasons,
• Digital content delivered instantly,
• Services started with the Buyer’s explicit consent before the withdrawal period expires, and other cases listed under Article 15 of the Regulation on Distance Contracts.

COMPLAINTS AND DISPUTE RESOLUTION

The Buyer may submit any complaints regarding purchased products or services directly to the Seller using the contact information above. The Seller will make every reasonable effort to resolve the issue.

In accordance with the applicable consumer protection legislation, any disputes arising from this Agreement may be submitted to the Consumer Arbitration Committee or Consumer Court located in the Buyer’s place of residence or where the transaction took place.

DEFAULT AND LEGAL CONSEQUENCES

If the Buyer defaults on a credit card payment, they are responsible to their issuing bank pursuant to their card agreement. The Seller reserves the right to claim compensation for any damages or costs incurred due to such default.

INTELLECTUAL PROPERTY RIGHTS

All intellectual and industrial property rights over the Seller’s designs, patterns, illustrations, website content, and any related creative materials belong exclusively to the Seller and are protected under the Turkish Law on Intellectual and Artistic Works (FSEK).

No product, image, or design from the Website may be copied, reproduced, distributed, published, or used to create derivative works without prior written consent from the Seller.

GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Türkiye.

Any disputes shall be resolved before the Consumer Arbitration Committee or Consumer Court as per the monetary limits annually determined by the Ministry of Trade.

MISCELLANEOUS

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

In the event of any dispute, the Seller’s electronic records, databases, and commercial books shall constitute conclusive and binding evidence under Article 193 of the Turkish Code of Civil Procedure.

Force Majeure:

Events beyond the reasonable control of the Parties (including but not limited to war, natural disasters, acts of government, strikes, pandemics, or internet outages) shall be considered force majeure. The affected Party shall promptly notify the other Party and provide documentation of such event.

ENTRY INTO FORCE

This Agreement enters into force upon the Buyer’s electronic confirmation on the Website and shall be stored by the Seller for three (3) years. The Buyer may request a copy of this Agreement at any time by contacting elifgoktan@dreamspaces.com.tr