DISTANCE SALES CONTRACT
1-PARTIES
1.1- SELLER
Commercial Title: Dunia Reklam Kreatif Çözümler Ltd. Şti.
Phone: 0850 304 50 36
Email: info@sameasbefore.co
1.2.- BUYER
Name-Surname/Commercial Title:
Address:
Phone:
E-mail:
Product Delivery/Invoice address:
2- SUBJECT OF THE CONTRACT
The subject of the contract consists of the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation regarding the sale, delivery, return and payment terms of the products ordered by the buyer electronically from the seller’s www.sameasbefore.co address.
The buyer declares and accepts that he/she has been informed by the seller in a clear and understandable manner about the name, title, full address, telephone and other contact information of the seller, basic characteristics of the goods subject to sale, sales price including taxes, payment method, delivery conditions and expenses, all preliminary information about the goods subject to sale and the use of the right of withdrawal, that he/she has read this sales contract located at www.sameasbefore.co with this preliminary information and then accepted the provisions of this contract and placed an order for the product. The preliminary information text located at www.sameasbefore.co website and the invoice issued upon the order placed by the buyer are annexes and integral parts of this contract.
3- INVOICE AND DELIVERY INFORMATION
3.1. The type, kind, quantity, brand/model, sales price, payment method, recipient, delivery address, invoice information, and shipping fee of the product/products purchased electronically are as follows. The buyer who accepts this contract and places an order; accepts, declares and undertakes that he/she has provided the necessary personal information for the invoice to be issued upon the order completely and accurately and that this information belongs to him/her, that he/she is over the age of 18, and that the seller is not responsible for any damages that may arise from the information provided for the invoice being incorrect or incomplete or not belonging to the person accepting this contract. It is forbidden for people under the age of 18 to shop at www.sameasbefore.co and the seller is not responsible for any damages that may arise due to the buyer declaring his/her age incorrectly.
3.2. The Seller reserves the right to stop the order in cases where it has doubts about the accuracy of the information provided for the invoice and freezes the order process for 15 days from the payment date if it cannot reach the Buyer through the contact information provided by the Buyer. 3.3. If the Buyer does not contact the Seller within 15 days or does not respond to the Seller’s communication request, the Seller may cancel the order in order to protect the contract parties and prevent any damages that may arise.
3.4 Product Received:
Payment Method: Credit Card – Bank Transfer (EFT)
Delivery Person:
Phone Number:
4- CONTRACT DATE
This contract is signed on the order and payment date stated in the attached invoice.
5- FORCE MAJEURE
5.1. Situations that do not exist or cannot be foreseen at the time the contract is signed, that develop beyond the control of the parties, and that make it impossible for one or both parties to partially or completely fulfill their obligations or to fulfill them on time, will be considered force majeure (natural disaster, war, terrorism, riot, changing legislative provisions, seizure or strike, lockout, significant failure in production, sales and delivery units, etc.). The party in whose person the force majeure occurs will immediately notify the other party in writing via the e-mail address provided in the contract.
5.2. No liability shall arise for the parties’ failure to perform their obligations during the existence of force majeure. In the event that the existence and effect of force majeure continues for more than 30 days, each party reserves the right to unilaterally withdraw from the contract or grant a reasonable period for the performance of the obligation by written notification to be made via the e-mail address provided in this contract.
6- RIGHTS AND LIABILITIES OF THE SELLER
6.1. The Seller accepts and undertakes to fully perform the obligations assigned to it in the contract, with the exception of force majeure events, in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation.
6.2. www.sameasbefore.co is not responsible for incorrect pricing that is caused by system errors and is not approved by the seller. The parties agree that the seller is not responsible for advertising and pricing errors that occur due to software errors or unauthorized interventions on the website, and that the seller may cancel orders placed with incorrect prices and promotions within 7 days from the payment date.
6.3. Shopping can be made via credit card, ATM card or bank transfer at www.sameasbefore.co. Orders for which the transfer is not made within 3 business days from the date of order will be cancelled. The order will not be completed and will not be processed until the collection from the credit card account or the transfer reaches the bank accounts.
6.4. If the buyer and the credit/debit card holder used for payment of the order are not the same person or if a security breach is detected regarding the credit/debit card used in the order before the product is delivered to the buyer, the seller may request the buyer to provide the identity and contact information of the credit card holder, the previous month’s statement of the credit card used in the order or a document from the card holder’s bank indicating that the credit card belongs to him/her. The order will be frozen until the buyer provides the requested information/documents to the seller and if the seller’s request for information and documents is not met within 24 hours, the order may be canceled by the seller.
6.5. In cases where the fulfillment of the ordered goods or services becomes impossible, the seller shall notify the consumer in writing via the e-mail address provided in this contract within three days from the date of learning of this situation, and if the buyer approves, another product of equal quality and price may be sent to the buyer or another product may be sent in line with the buyer’s choice, the product may be waited for stock to be available or the situation preventing delivery may be eliminated, or either party may cancel the order. In case of order cancellation, all payments collected, including delivery costs, if any, shall be refunded within 14 days from the date of notification at the latest.
6.6. The seller is obliged to refund all payments collected, including the delivery costs of the goods to the consumer, if any, within 14 days from the date of notification that the buyer has exercised her right of withdrawal within the framework of the conditions explained below, in a manner appropriate to the payment instrument used by the buyer during purchase.
7- RIGHTS AND LIABILITIES OF THE BUYER
7.1. The buyer declares and undertakes that the information he provided while registering on the seller’s website is true and correct, and that he will compensate the seller for all damages and expenses incurred by the seller in the event that this information is untrue, immediately upon the seller’s first notification, in cash and in one go.
7.2. The Buyer accepts, declares and undertakes that he/she has read and accepted this contract electronically before placing an order for the sale and delivery of the contractual product, that he/she will fully perform the obligations assigned to him/her in the contract except for force majeure reasons, and that if the contractual product price is not paid for any reason and/or the bank transfer is not transferred to the Seller’s account, the Seller’s obligations under this contract will be terminated.
7.3. By placing an order, the Buyer declares and undertakes that he/she accepts the terms of the business contract and that he/she will make the payment in accordance with the payment method specified in the contract.
7.4. The Buyer declares that he/she is informed in a clear, understandable and internet-friendly manner about the information on the www.sameasbefore.co website, the name, commercial title, full address, telephone and other contact information of the seller, the basic characteristics of the goods for sale, the sales price including taxes, payment method, delivery conditions and expenses, all preliminary information about the goods for sale, the use of the right of withdrawal and how to use this right, the official authorities to whom he/she can submit his/her complaints and objections, the product usage conditions and instructions, and that he/she accepts this preliminary information electronically.
7.5. The buyer will inspect the package and the product subject to the contract before receiving it; will not accept products and packages that are damaged and defective such as crushed, broken, torn packaging, etc. from the cargo company. The product received will be deemed undamaged and intact. The buyer is responsible for protecting the product carefully after delivery. In case the buyer wants to return the product, he/she accepts and undertakes not to damage the product and its packaging in any way and to return the product with the original invoice and delivery note at the time of return.
8. ORDER AND PAYMENT PROCEDURE
8.1. After the VAT-inclusive TL amount of the products added to the shopping cart is approved by the buyer, credit/debit card payments are processed via PayTR Virtual Pos. Before the orders are shipped, the customer is sent an e-mail or contacted stating that their order is being prepared.
8.2. Any disruption in the process or problems that may arise regarding the credit/debit card will be notified to the buyer using one or more of the mobile phone numbers/e-mail addresses specified in the contract.
8.3. www.sameasbefore.co website offers the opportunity to order via MONEY ORDER/EFT for buyers who do not want to use their credit/bank card information. In payment via MONEY ORDER/EFT, buyers can make money transfers to the Bank IBAN numbers on the www.sameasbefore.co payment page. When making a Money Order/EFT, the Sender information must be the same as the invoice information and the order number must be written in the description section.
8.4. If the relevant bank or financial institution does not pay the price of the product to the seller due to the unfair or illegal use of the buyer’s credit/debit card by unauthorized persons for reasons not caused by the buyer’s fault after the delivery of the product, the buyer is obliged to return the product delivered to him/her to the seller within 10 days, also covering the shipping costs.
9. SHIPPING AND DELIVERY PROCEDURE
9.1.With the sending of the order confirmation e-mail, the product/products are given to the cargo/transportation company that the seller has an agreement with. The contracted cargo company of the seller is MNG Cargo or various transportation companies.
9.2. The product/products will be delivered to the buyer’s address via the cargo or logistics company that the seller has an agreement with. The seller will deliver the product to the contracted cargo/shipping company within 10 business days from the date the order confirmation e-mail is sent. This period may be extended for a maximum of ten days provided that the buyer is notified in advance via e-mail. The shipping/delivery cost belongs to the BUYER.
9.3. Products are sent to areas where cargo companies do not deliver to addresses with a telephone notification.
9.4. In regions where the cargo company delivers once a week, in cases of inaccuracies or omissions in the shipping information, and in cases of certain social events and natural disasters, there may be a delay in the delivery time of the product. The seller is not responsible for these delays.
9.5. If the product is to be delivered to a person/organization other than the recipient, the seller is not responsible for any additional shipping costs that may arise from the person/organization to whom the product is to be delivered not accepting the delivery, incorrect shipping information and/or the recipient not being at the location.
9.6. If the product/products have not reached the customer within the specified time, delivery problems must be reported to the seller immediately via the e-mail address provided in this contract.
9.7. If the package of the product is damaged at the time of delivery, the damaged packages should not be accepted and the status of the package should be reported to the cargo company representative. If the cargo company representative does not accept that the package is damaged, the buyer is responsible for opening the package in the presence of the company representative at the time of delivery and checking that the products are delivered undamaged and, if the product is damaged, having the damaged delivery recorded in a report. After the package is received by the buyer without any objections, records or reports, it is assumed that the cargo company has fulfilled its duty and the product has been delivered undamaged. If the damaged package is not accepted and a report is made, the situation should be reported in writing to the seller’s e-mail address as soon as possible, together with the copy of the report that remains with the buyer.
9.8. The seller is not responsible for any loss or damage that may occur after the product is delivered to the relevant carrier if it is requested to be sent with a method or carrier other than the delivery method and carrier specified by the seller.
10. RIGHT OF WITHDRAWAL
10.1. The buyer has the right to withdraw from the contract within 14 days from the date of delivery without giving any reason and without paying any penalty. The right of withdrawal is exercised by the buyer notifying the seller in writing to the e-mail address provided in this contract that he/she has exercised his/her right of withdrawal. The period of the right of withdrawal begins on the day the product is received by the buyer or a third party determined by the buyer. However, the buyer may also exercise his/her right of withdrawal within the period from the establishment of the contract until the delivery of the goods.
10.2. According to the Tax Procedure Law No. 385 General Communiqué, the right of withdrawal requires the buyer to fill out the return sections at the bottom of the 2 invoices delivered with the product completely and correctly, sign them, send one copy to the seller with the product, and keep the other copy.
10.3. Unless the seller makes a written offer to take back the goods, the buyer must deliver the product to the seller’s address through the cargo/shipping company that made the delivery, along with a signed invoice containing product return information, within 10 days from the date they sent written notification of exercising their right of withdrawal to the email account specified in this agreement. Otherwise, they will be deemed to have waived their right of withdrawal.
10.4. In determining the right of withdrawal period: a) For goods that are the subject of a single order but delivered separately, the day on which the buyer or a third party designated by the buyer receives the last item, b) For goods consisting of multiple pieces, the day on which the buyer or a third party designated by the buyer receives the last piece is taken as the basis.
If the buyer exercises their right of withdrawal, the seller will refund the total amount received and any documents that put the consumer in debt, if any, within 14 days at the latest from the receipt of the withdrawal notification invoice along with the product, without imposing any costs on the consumer.
The returned product is accepted as a return if it meets the conditions specified in this agreement when it reaches the seller, and the refund is made to the buyer’s credit card/account. No refund is made before the product is returned. The reflection time of refunds made to credit/bank cards on credit card accounts is at the discretion of the relevant bank. If a purchase was made with installments on a credit card, the refund to the credit card is also made in installments. In case of a return of a product paid by credit/bank card, the seller cannot make a cash refund to the buyer due to the agreement made with the bank.
There is no right of return or withdrawal for products prepared according to the buyer’s requests and/or clearly for their personal needs.
10.8. Cases Where the Right of Withdrawal Cannot Be Used
According to the Regulation on Distance Contracts of the Consumer Protection Law No. 6502:
Article 15/1-ğ:
The right of withdrawal cannot be used for goods prepared according to consumer requests or personal needs, goods that can spoil quickly or expire, goods that mix with other products after delivery and cannot be separated by nature, … second-hand books, antiques, and similar goods cannot be subject to the right of withdrawal.
Products purchased from Same as Before are antique or second-hand in nature. These products are within the scope of goods that cannot be returned by nature according to the legal regulation mentioned above, and the right of withdrawal does not apply in distance sales.
The buyer accepts this condition in advance.
11. DEFECTIVE PRODUCT
11.1. Same as Before is an online platform that restores and offers antique and vintage products for sale, staying true to their nature. Every product offered for sale is brought to the best possible condition by having necessary maintenance done by competent persons before being put up for sale. However, in line with the business policy and concept, most of the products offered for sale bear traces of the past, and these traces make them even more special. Same as Before prefers not to touch these traces, preserving the history and stories of the products and presenting them to buyers in this way. This aspect has been accepted in advance by the buyer.
11.2. Detailed photographs taken from every angle and descriptions of the products offered for sale by the seller are shared on the product pages. The seller does not accept responsibility or returns due to the details provided in the photographs and descriptions. For this reason, we strongly recommend that you examine the products in detail before placing an order and contact the seller for any questions you may have.
11.3. For second-hand furniture products, aesthetic concerns are not considered a reason for return. All products offered for sale are antique or second-hand, and characteristics such as aging, wear, patina, color changes, and similar features carried by such products are accepted as natural qualities of the products and are not considered defects.
11.4. In antique and vintage products purchased from Same as Before, deformations that occur over time are not considered defects or flaws but are accepted as normal due to the nature of the antique/second-hand product. Deformations that occur later or are clearly understood from product visuals, as well as breakages or missing parts arising from the product’s own nature, are not considered obvious defects according to the provisions of Consumer Protection Law No. 6502 due to the product being antique or second-hand. Therefore, requests for return, exchange, discount, or free repair for these reasons are not accepted. It is not possible for the buyer to rely on the Defective Goods provisions of Law No. 6502 for the mentioned reasons.
11.5. If there are serious defects that affect the functionality of the product and emerge after starting to use the product, or if a product with different characteristics from those stated on the product page is in question, the buyer can notify the seller immediately via email within two years from the delivery date of the product, at the latest, and request a return or repair, if possible, within a limited and reasonable time.
11.6. In case the product has a significant defect that prevents it from fulfilling its function (for example, broken, shattered, or non-functional product), the buyer can exercise their optional rights by sending a written notification to the seller via email within 3 business days from the delivery date, provided that it is proven that the defect is not caused by the buyer and subject to the seller’s right to evaluate the defect.
12. RETURN PROCEDURE
12.1. The return request for defective products is made by sending a written notification to the seller’s email address, including detailed explanation of the defect along with photographs of the product.
12.2. For defects that are apparent at the time of delivery, the burden of proof that the defect is not caused by the buyer lies with the buyer, according to the damaged package and product acceptance procedure explained in detail in the delivery clause.
12.3. Upon the return request notified to the seller, the reason for return will be examined by the seller and their expert team, and an objective evaluation will be made regarding whether the return reason constitutes a defect.
12.4. The result of the return request and return instructions, if approved, will be communicated by the seller. The buyer is responsible for properly packaging and protecting the products to be returned to prevent damage during transportation, and the buyer is liable for all damages resulting from improper packaging. The seller cannot be held responsible for breakage and deterioration of the product during the return process.
12.5. The return of antique and second-hand products should be made by the customer through shipping, courier, or any transportation method that will not damage the product. The shipping or transportation costs incurred during the return process are the responsibility of the buyer. When the returned product reaches the seller, it will be evaluated by the seller without deducting any shipping fees.
12.6. The seller will check the returned product for compliance with the specified conditions and absence of damage. When it is determined that the product meets the return conditions, the return process will be carried out and the buyer will be notified by the seller. After the return process is completed, the refund of the product price will be processed within 3-7 business days.
12.7. In case of a return of goods and services purchased by card, the seller cannot make a cash payment to the buyer due to the agreement with the bank. When a return transaction is in question, the seller will make the refund through the software through which the payment was received, and since the seller is obliged to pay the relevant amount to the bank in cash or by offsetting, cash payment cannot be made to the buyer according to the procedure detailed above. The refund to the credit card will be made by the bank following the procedure explained below, after the buyer pays the amount to the bank in a single installment.
12.8. The return of installment purchases made with a credit card is made by the bank with the same number of installments as the buyer requested when purchasing the product. For installment purchases made through bank POS devices, the refund to the credit card is made in installments again after the seller pays the full product price to the bank in a single payment to prevent potential grievances. The refund of the installment amounts paid by the buyer until the return date will be made by the bank as a refund of one installment amount each month, and after the installments of the sale are completed, the buyer will receive the installments they paid before the return for as many months as the number of installments they paid, and these will be deducted from their existing debts.
13. WARRANTY
13.1. Antique and vintage products offered for sale on the Same as Before platform are used items belonging to the past. Therefore, the products are not covered by any warranty and do not have a specific warranty period.
13.2. Due to the original nature of antique products, signs of wear, abrasions, and natural aging that have occurred over time are not considered defects. Such features are part of the product’s quality and character, and the seller does not accept responsibility in these cases. For this reason, we strongly recommend that you carefully examine the details specified in the descriptions and product images before purchasing the product.
13.3. No guarantee is provided regarding the authenticity, age, or lifespan of the purchased product.
13.4. Same as Before is not responsible for problems arising from aging, deformation, or usage errors that may occur after the delivery of the products. In case of damages resulting from consumer use, no return, exchange, or free repair is provided.
13.5. The seller’s warranty responsibility is limited only to the provisions of Law No. 6502 for consumers falling within the scope of the law and the nature of the product, and the provisions of the Turkish Commercial Code will apply for commercial transactions.
14. PRIVACY
14.1. The information shared by the buyer with the seller for the establishment of this contract and invoice issuance, as well as payment information, will not be shared with third parties by the seller. The seller will only store/share this information within the framework of KVKK (Personal Data Protection Law) provisions if there is an administrative or legal obligation to store/share it.
14.2. Credit/debit card information is only used to securely transmit to the relevant banks during the collection process to obtain authorization and is deleted from the system after authorization.
14.3. The buyer’s email address, postal address, and other contact information will only be used by the seller for standard product delivery and shipping process information procedures. If the buyer provides electronic consent, the seller may periodically send SMS and emails for informational purposes about campaigns, new products, and promotions.
15. COMPETENT COURTS and ENFORCEMENT OFFICES IN CASE OF DISPUTE
In case of a dispute arising from the implementation of this agreement, the Consumer Arbitration Committees and Consumer Courts at the place of residence of the buyer or seller are authorized.
16. NOTIFICATIONS and EVIDENCE AGREEMENT
16.1. All correspondence between the parties within the scope of this agreement will be made via email, except for mandatory cases specified by law.
16.2. The buyer accepts, declares, and undertakes that in any disputes that may arise from this agreement, www.sameasbefore.co’s commercial books and records, electronic information, and records kept in its database and servers will constitute binding, definitive, and exclusive evidence, and that this article is an evidence agreement within the context of Article 193 of the Code of Civil Procedure.
This sales agreement, consisting of 16 articles, has been accepted by the parties in the electronic environment with their free will and has entered into force.
Important notice: The above agreement is a sample. The actual terms of the agreement are automatically prepared by the system during the purchase, and are sent to the customer online at the moment of transaction approval.
