Distance Selling Agreement
ARTICLE 1 — PARTIES
Seller: Pegia Dış Ticaret A.Ş., Kazlıçeşme Mah. Prof. Dr. Muammer Aksoy Cad. No: 4/C Zeytinburnu/İstanbul 34020; Mersis: 0723092869000001; Trade Registry: 447312-5 (Istanbul); Zeytinburnu Tax Office / 7230928690; Website: https://www.derimarket.net; Tel: 0850 532 33 74; WhatsApp: 0537 395 78 95; E-mail: destek@derimarket.net; Registered e-mail (KEP): pegia@hs01.kep.tr.
Buyer: {{ customer.name }} — Delivery address: {{ shipping_address.street }}, {{ shipping_address.city }} {{ shipping_address.zip }} — E-mail: {{ customer.email }} — Telephone: {{ shipping_address.phone }}
This Agreement was concluded upon the electronic confirmation of order number {{ order_name }} on {{ created_at | date: "%d.%m.%Y" }}.
ARTICLE 2 — SUBJECT
The subject of this Agreement is to determine the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the products ordered electronically by the Buyer from https://www.derimarket.net, whose specifications and sale prices, including taxes, are stated below.
ARTICLE 3 — PRODUCT, PRICE, PAYMENT
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Subtotal: {{ subtotal_price | money }} — Shipping: 0 TL — Total VAT: {{ total_tax | money }} — Total (including VAT): {{ total_price | money }} — Payment Method: {{ transactions | map: "gateway_display_name" | uniq | join: ", " }} — Total including the installment plan and maturity difference (for installment payments): [transferred from the payment provider’s data]
Shipping is free of charge. The order amount is collected at the time of the order by credit card or debit card; the Buyer may also use the balance of any money voucher assigned to their account for payment. A maturity difference applies to installment payments made by credit card; the selected installment plan, installment amounts, and total amount including the maturity difference are displayed on the payment page and accepted by the Buyer before order confirmation; installment arrangements and card payment dates are subject to the agreement between the card-issuing bank and the Buyer; the Buyer may track installment payments and payments through their bank statement.
ARTICLE 4 — DELIVERY
The products are shipped from warehouses in Türkiye to the delivery address specified above using the Seller’s contracted carriers, primarily Yurtiçi Kargo; the Seller reserves the right to change the carrier. The delivery period is 1-3 business days, except during periods of intensive campaigns, and may not exceed 30 days in any event; if this period is exceeded, the Buyer may terminate the Agreement and all amounts paid will be refunded within 14 days. The Seller is responsible for loss and damage until the product is delivered to the Buyer. If the Buyer detects damage during the inspection at the time of delivery, having the carrier prepare a report will facilitate the exercise of the Buyer’s rights; failure to prepare a report does not eliminate the Buyer’s statutory rights concerning defective products.
ARTICLE 5 — RIGHT OF WITHDRAWAL
The Buyer has the right to withdraw within 14 days from the delivery of the product to the Buyer or to a third party designated by the Buyer, without providing any reason and without paying any penalty. Notice of withdrawal may be given by obtaining an order-specific return code from the order screen in the membership account, sending an explicit statement to destek@derimarket.net, or completing the sample form attached to the Preliminary Information Form. The Seller will immediately send the Buyer an e-mail confirming receipt of the withdrawal notice. The carrier designated by the Seller for returns is Yurtiçi Kargo. Within 14 days of giving notice of withdrawal, the Buyer must deliver the product to Yurtiçi Kargo using the return code; the return shipping cost is borne by the Seller. Within 14 days from the date on which the withdrawal notice reaches the Seller, the Seller will refund all payments collected from the Buyer, including any delivery costs and maturity difference, if applicable. The refund is made to the payment method used by the Buyer for the purchase; after the amount is refunded to the bank, the time required for it to appear on the Buyer’s card statement depends on the bank’s processing procedures, and for installment payments the refund may appear in installments on the card. If the Buyer wishes, they may request that the refund amount be credited to their account as a money voucher usable at https://www.derimarket.net; this option is applied only upon the Buyer’s explicit request and is not a prerequisite for the refund.
ARTICLE 6 — EXCEPTIONS TO THE RIGHT OF WITHDRAWAL AND LOSS OF VALUE
Under Article 15 of the Regulation, the right of withdrawal cannot be exercised for products personalized according to the Buyer’s requests. The Buyer is not responsible for changes occurring during the withdrawal period if the product is used in accordance with its operation and intended purpose - limited to trying it indoors. The Buyer may be charged for any loss of value caused by use exceeding this limit, including wearing the product outdoors and damaging its label, box, or accessories, and this amount may be deducted from the refund.
ARTICLE 7 — RETURN PROCESS
The returned product is inspected within 2-5 business days after reaching the Seller; the inspection process does not extend the 14-day refund period specified in Article 5. For orders for which a corporate invoice was issued, the return must be made together with a return invoice issued by the relevant entity, as required by tax legislation; for individual orders, presenting the invoice is not a prerequisite for the return, and the order number is sufficient.
ARTICLE 8 — DEFECTIVE PRODUCT
If the product is defective, the Buyer may, pursuant to Article 11 of Law No. 6502, exercise one of the rights to free repair, replacement with an identical product free of defects, a proportional reduction in the price, or termination of the Agreement. All shipping costs for returns of defective products are borne by the Seller.
ARTICLE 9 — INCORRECT PRICES AND TECHNICAL ERRORS
If a product is listed at a price that clearly does not reflect its actual sale price due to system or technical errors or an obvious clerical error, the Seller reserves the right to cancel the order placed at that price before any obligation to perform arises; any amount collected will be refunded to the Buyer within 14 days. Campaign conditions are limited to the period and terms specified on the campaign page.
ARTICLE 10 — FAILURE TO COLLECT THE PRICE
If the order amount is not paid for any reason, the payment is canceled, or the bank or financial institution fails to pay the Seller, the Seller’s delivery obligation ends. If this occurs after delivery of the product, the Buyer must return the product to the Seller within 7 days of being notified; in cases not caused by the Buyer’s fault, the return shipping cost is borne by the Seller.
ARTICLE 11 — FORCE MAJEURE
In circumstances arising outside the parties’ control, such as natural disasters, epidemics, severe weather conditions, interruption of transportation, fire, or strikes, that make performance of the obligation impossible, the Seller will immediately notify the Buyer. In this case, the Buyer may request cancellation of the order and a refund of the amount paid within 14 days, replacement with an equivalent product, if available, or postponement of delivery until the obstacle is removed.
ARTICLE 12 — PERSONAL DATA
The Buyer’s personal data is processed within the scope of the KVKK Privacy Notice published on the website. The sending of commercial electronic communications is subject to the Buyer’s separate and freely given consent; consents are managed through İYS (Message Management System).
ARTICLE 13 — EVIDENCE
In disputes, the Seller’s system records, order and payment records, and correspondence constitute evidence; the Buyer’s statutory rights to object and prove remain reserved.
ARTICLE 14 — DISPUTE RESOLUTION
In disputes, Consumer Arbitration Committees located where the Buyer or Seller resides are authorized within the monetary limits announced by the Ministry of Trade; where these limits are exceeded, Consumer Courts have jurisdiction, provided that mediation is first sought before filing a lawsuit pursuant to Article 73/A of Law No. 6502.
ARTICLE 15 — EFFECTIVENESS AND RETENTION
By confirming the order, the Buyer declares that they have read and accepted this Agreement and the Preliminary Information Form. The Agreement is concluded upon order confirmation; a copy is sent to the Buyer’s e-mail address together with the order information and retained by the Seller for at least 3 (three) years. During this period, the Buyer may access the Agreement through their membership account or request a copy from destek@derimarket.net.