DISTANCE SALES AGREEMENT
El Crea Designs Yaratıcı Endüstriler ve Cam Tasarım Ürünler Ltd. Şti.
ARTICLE 1 – PARTIES
This Distance Sales Agreement (“Agreement”) is concluded electronically between the Seller and the Buyer who places an order through www.elcreadesigns.com
SELLER
Company Name: El Crea Designs Yaratıcı Endüstriler ve Cam Tasarım Ürünler Ltd. Şti.
Address: Gazi Osman Paşa Mahallesi 2209. Sokak No: 5/A Gölbaşı / Ankara, Türkiye
Phone: +90 536 201 71 48
E-mail: [email protected]
BUYER
Name / Surname / Company Name: The information provided by the Buyer during the order process shall apply.
Address: The delivery and/or billing address provided by the Buyer during the order process shall apply.
Phone: The phone number provided by the Buyer during the order process shall apply.
E-mail: The e-mail address provided by the Buyer during the order process shall apply.
ARTICLE 2 – SUBJECT AND SCOPE OF THE AGREEMENT
The subject of this Agreement is the sale, payment, delivery, right of withdrawal, return and exchange conditions, and the rights and obligations of the parties regarding the products ordered electronically by the Buyer through www.elcreadesigns.com.
This Agreement has been prepared in accordance with the Consumer Protection Law No. 6502 of the Republic of Türkiye, the Distance Contracts Regulation, the Turkish Commercial Code, and other applicable legislation.
By placing an order, the Buyer acknowledges that they have been informed about the essential characteristics of the product, sales price, payment method, delivery terms, return conditions, right of withdrawal, and other preliminary information before completing the purchase.
ARTICLE 3 – PRODUCT DETAILS AND PRICE
The type, model, size, color, quantity, personalization details, sales price, total amount including taxes, delivery address, and payment details of the product or products subject to this Agreement are provided on the product page, order summary page, checkout page, and electronic order records.
The Buyer is responsible for reviewing all order details before confirming the order.
By confirming the order, the Buyer accepts the product price, payment obligation, delivery terms, and any additional service or customization charges shown at checkout.
ARTICLE 4 – PRODUCT NATURE AND CUSTOM PRODUCTION
Products offered by the Seller generally include handmade glass decor products, personalized products, made-to-measure products, custom design products, and products modified according to the Buyer’s request.
Due to the handmade production process and the natural characteristics of materials such as glass, solder, brass, mirror, and similar components, minor variations in size, texture, color tone, or surface appearance may occur.
Such variations shall not be considered defects or faults as long as they do not prevent the use of the product or affect its essential characteristics.
Products prepared according to the Buyer’s personal requests, measurements, text, design preferences, color choices, or customization instructions may be excluded from the right of withdrawal under applicable legislation.
ARTICLE 5 – PAYMENT
The Buyer shall pay the price of the product or products using one of the payment methods offered on www.elcreadesigns.com.
Payment transactions are processed through the relevant payment infrastructure providers and banking systems.
The Seller is not obliged to start production, prepare, or ship the product before payment approval is received.
If the payment is cancelled, withdrawn, rejected, reversed, or deemed invalid by the bank or payment provider for any reason, the Seller reserves the right not to deliver the product or to exercise its legal rights regarding any product already delivered.
ARTICLE 6 – DELIVERY AND METHOD OF DELIVERY
The product subject to this Agreement shall be delivered to the delivery address provided by the Buyer during the order process.
Delivery shall be made through a shipping or logistics company.
The product may be delivered to the Buyer or to a person available at the delivery address who is deemed authorized to receive the delivery.
The Seller shall not be responsible for delays, failed delivery, return shipment, or additional costs arising from incorrect or incomplete address information provided by the Buyer, the Buyer’s absence at the delivery address, or refusal to accept the delivery.
ARTICLE 7 – PRODUCTION AND DELIVERY PERIOD
The Seller shall prepare and ship the product as soon as reasonably possible, depending on the nature of the order, stock status, and production process.
Production times for handmade, personalized, made-to-measure, or custom design products may vary depending on the product specifications.
Delivery times may vary depending on the production process, shipping carrier, destination country, customs procedures, public holidays, peak periods, and force majeure events.
If a delay occurs or is likely to occur, the Seller will make reasonable efforts to inform the Buyer as soon as possible.
ARTICLE 8 – SHIPPING COSTS
Unless otherwise clearly stated at the time of order, the standard outbound shipping fee for international orders is covered by El Crea Designs.
However, return shipping costs for returns or exchanges that are not caused by a defective, damaged, or incorrect product are the responsibility of the Buyer.
The Buyer is responsible for packing the product safely and securely for any return shipment.
If the returned product is damaged during return shipment due to insufficient packaging or improper handling, the Seller may reject the return or deduct the relevant damage amount from any approved refund.
ARTICLE 9 – INTERNATIONAL ORDERS, CUSTOMS AND TAXES
For international shipments, the standard outbound shipping fee is covered by El Crea Designs unless otherwise clearly stated at the time of order.
However, customs duties, import taxes, domestic taxes, duties and official charges, customs clearance or declaration fees, import processing fees, customs brokerage or agency fees, customs presentation, collection or processing fees that may be charged by the carrier, and any other additional costs that may arise due to the regulations or delivery process in the Buyer’s country are the responsibility of the Buyer.
These fees are not determined, collected, or controlled by El Crea Designs. Such fees may be requested by the customs authority, tax authorities, or carrier company in the Buyer’s country.
For orders shipped under DDP, meaning Delivered Duty Paid, customs duties and import taxes shall be evaluated within the scope specified at the time of order. Any additional costs outside the DDP scope shall be subject to the relevant order terms.
The Buyer is responsible for checking the customs, import, and tax rules of their own country before placing an international order.
ARTICLE 10 – BUYER’S REPRESENTATIONS AND OBLIGATIONS
The Buyer acknowledges that they have read and understood the product descriptions, essential characteristics, sales price, payment method, delivery terms, return conditions, and right of withdrawal information provided on www.elcreadesigns.com.
The Buyer declares that the delivery, billing, and contact information provided during the order process is accurate, complete, and up to date.
The Buyer is responsible for checking the product within a reasonable time after delivery and for contacting the Seller in case of broken, damaged, incorrect, or defective delivery.
If there is visible damage to the outer packaging at the time of delivery, the Buyer is advised to document the damage with photos and, where possible, request a damage report from the delivery carrier.
ARTICLE 11 – SELLER’S REPRESENTATIONS AND OBLIGATIONS
The Seller is responsible for delivering the product in accordance with the order details, in complete condition, and in compliance with applicable legislation.
If the product is delivered broken, damaged, missing, or different from the order details, the Seller shall evaluate the Buyer’s request and may offer one of the following solutions depending on the specific situation: free reproduction, exchange, shipment of the missing or incorrect part, full refund, or partial refund.
If the Seller cannot deliver the product within the expected time due to force majeure, extraordinary circumstances affecting transportation, production issues, or supply-related problems, the Seller shall inform the Buyer as soon as reasonably possible.
ARTICLE 12 – RIGHT OF WITHDRAWAL
In distance sales, the Buyer generally has the right to withdraw from the contract within 14 days from the date of delivery without providing any reason.
The withdrawal notification must be sent to the Seller within the legal period in writing or through a durable medium.
In order to exercise the right of withdrawal, the product must be unused, undamaged, suitable for resale, and returned with all accessories, if any.
If the right of withdrawal is validly exercised, the refund shall be processed through the original payment method used by the Buyer, in accordance with applicable legislation.
ARTICLE 13 – CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Under the Distance Contracts Regulation, the right of withdrawal cannot be exercised for products prepared in line with the consumer’s requests or personal needs.
Accordingly, the right of withdrawal does not apply to the following products.
Personalized products.
Made-to-measure products.
Products whose color, size, form, or design has been modified upon the Buyer’s request.
Custom order products.
Standard products modified according to the Buyer’s request.
Products containing custom text, names, dates, logos, design details, or customer-specific measurements.
For standard, non-personalized products that are not custom-made, the right of withdrawal shall be evaluated in accordance with applicable legislation.
ARTICLE 14 – DAMAGED, BROKEN OR INCORRECT PRODUCTS
The Buyer may contact the Seller for support if the product is delivered broken or damaged, if the product is different from the order details, or if there is a clear and objective manufacturing defect.
To ensure a fast and efficient process, the Buyer is advised to contact the Seller as soon as possible after delivery, preferably within 3 days.
The Buyer should provide photos showing the general condition of the product, close-up photos clearly showing the damage or defect, packaging and outer box photos where possible, and a short video recording if required.
If sufficient visual evidence is not provided, the Seller may not be able to evaluate the request properly.
Depending on the specific situation, the Seller may offer free reproduction, exchange, full or partial refund, or shipment of the missing or incorrect part.
ARTICLE 15 – RETURN AND EXCHANGE CONDITIONS
Return and exchange requests are evaluated according to the nature of the product and the reason for the request.
For personalized, made-to-measure, or custom design products, returns or exchanges may not be accepted due to reasons such as change of mind, incorrect measurements provided by the Buyer, no longer wanting the product, or preference changes after placing the order.
For return or exchange requests accepted by the Seller, the product must be unused, properly packed in accordance with its original packaging, and returned to the Seller without damage.
Except for defective, damaged, or incorrect products, return shipping costs are the responsibility of the Buyer.
Production or shipment of the replacement product will begin after the returned product has been received and inspected by the Seller.
ARTICLE 16 – REFUND
Refunds approved by the Seller are issued through the original payment method used by the Buyer.
After the refund is initiated by the Seller, the time required for the amount to appear in the Buyer’s account may vary depending on the relevant bank, card issuer, or payment infrastructure provider.
For returns that are not caused by a defective, damaged, or incorrect product, return shipping costs are the responsibility of the Buyer.
Original outbound shipping costs covered by El Crea Designs may not be refundable unless the return is due to a defective, damaged, or incorrect product.
Customs duties, import taxes, carrier customs processing fees, domestic taxes, charges, or similar third-party costs are not determined by El Crea Designs and are not refundable by El Crea Designs.
ARTICLE 17 – FORCE MAJEURE
Natural disasters, war, epidemic, strike, lockout, decisions of official authorities, customs delays, carrier-related disruptions, supply chain problems, energy outages, technical failures, cyberattacks, and similar circumstances beyond the reasonable control of the parties shall be considered force majeure.
In the event of force majeure, the parties shall not be held liable for failure to perform their obligations during the period of force majeure.
If the force majeure event continues, the parties shall make reasonable efforts to agree on an appropriate solution regarding the status of the order or service.
ARTICLE 18 – GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of Türkiye.
For consumer transactions, Consumer Arbitration Committees and Consumer Courts shall have jurisdiction in accordance with applicable legislation.
For commercial disputes that do not qualify as consumer transactions, Ankara Courts and Enforcement Offices shall have jurisdiction, without prejudice to mandatory provisions of applicable law.
ARTICLE 19 – NOTICES AND EVIDENCE AGREEMENT
Notifications between the parties may be made through the e-mail addresses and other contact channels provided during the order process, except where a specific written form is required by law.
The Buyer accepts that the Seller’s official books and commercial records, electronic records, order records, payment records, e-mail correspondence, and system records shall constitute evidence in any dispute arising from this Agreement.
ARTICLE 20 – EFFECTIVE DATE AND ACCEPTANCE
This Agreement enters into force when it is read and approved electronically by the Buyer and the order is completed.
By placing an order through www.elcreadesigns.com, the Buyer declares that they have read, understood, and accepted the provisions of this Agreement.