Distance Sales Agreement

ARTICLE 1: PARTIES

1.1 SELLER: PASHA YOL E-COMMERCE IMPORT AND EXPORT LIMITED COMPANY, owner of www.agorapazaar.com and mobile device applications, located at Aşık Veysel, Esenkent-Bahçeşehir Yolu No:5 D:48, 34510 Esenyurt/Istanbul. Phone: +905372532117.

1.2 BUYER: Refers to individuals who purchase products and/or services from the www.agorapazaar.com platform.

1.4 PRODUCT FEATURES: The products offered by AGORA PAZAAR are carefully designed and can be specially produced for each customer.

1.5 PRODUCT DELIVERY PRICE INCLUDING ALL TAXES: The sales price of the ordered product varies according to its features. The delivery price, including VAT, is clearly stated in the relevant section of our website. In case of a dispute, the invoice information will be considered.

ARTICLE 2: SUBJECT

2.1. The subject of this contract is the sale and delivery of the product ordered by the BUYER from the agorapazaar.com website, which has the qualities mentioned in the contract, and its sale and delivery as per the provisions of the Consumer Protection Law No. 4077 and the Regulation on the Principles and Procedures of Distant Contracts. This also includes the determination of the rights and obligations of the parties as stated in articles 1.3 and 1.4 regarding the content and sales price of the product.

2.2. The customer accepts and declares that the product purchased from agorapazaar.com is specially produced based on their order; once the production is completed, the product cannot be returned due to dissatisfaction unless there are defects/shortcomings related to production; the buyer is informed about the basic characteristics, sales price, payment methods, delivery conditions, etc., and has electronically approved this information before placing the order. The preliminary information and invoice on the agorapazaar.com site form an inseparable part of this contract. After entering all the necessary information, the customer confirms that they have read and accepted the contract by marking the relevant section, and the order is completed. Once the order is completed, the customer is deemed to have accepted all the terms of this contract. After the order is completed, a “Order Confirmation” email is sent to the email address specified by the customer.

ARTICLE 3: DELIVERY OF THE PRODUCT, PLACE OF PERFORMANCE, AND DELIVERY METHOD

3.1. The product will be delivered to the address specified by the BUYER in the information form, through the cargo company cooperating with the SELLER. The BUYER accepts that the delivery made to the specified address and the delivery made to a person present at that address will be considered as delivery to the BUYER.

3.2. Order Processing: All orders will be processed within one business day after receiving the order confirmation email (excluding weekends and public holidays).

3.3. Special Orders: Custom-designed t-shirts may require additional processing time. In such cases, the BUYER will be informed.

ARTICLE 4: DELIVERY COSTS AND PERFORMANCE

4.1. Delivery costs are the responsibility of the BUYER. The shipping fee is collected during the purchase process on the website. If the SELLER has stated that they will cover the delivery cost for purchases exceeding a certain amount on the website, the delivery cost will be borne by the SELLER.

4.2. Even if the BUYER is not present at the specified address at the time of delivery, the SELLER is considered to have fulfilled its obligation fully and completely. Therefore, any damages arising from the delayed delivery of the product by the BUYER, and/or any costs incurred due to the product being held at the cargo company or returned to the SELLER, will be borne by the BUYER.

4.3. If the SELLER cannot deliver the product within the specified time due to factors such as production impossibilities, unforeseen circumstances, force majeure, weather conditions, transportation disruptions, or other extraordinary situations, they are obligated to inform the BUYER. The delivery of the product is conditional upon the payment being made in the BUYER’s preferred payment method. If the product payment is not made or is canceled in the bank records for any reason, the SELLER is considered to be relieved of the obligation to deliver the product.

ARTICLE 5: BUYER’S DECLARATIONS AND COMMITMENTS

5.1. Products purchased from agorapazaar.com are packaged in a way that prevents damage during shipping. Before accepting the product, the BUYER will inspect it in front of the cargo company official; if any damage such as crushing, breaking, packaging tearing, or any other defect is observed, the BUYER will not accept the product without drawing up a report. Products not inspected in front of the cargo company official and without a report will be considered as undamaged and intact.

5.2. The BUYER is responsible for ensuring that the product is carefully protected after delivery.

5.3. Special products on the agorapazaar.com website are produced based on the BUYER’s specific request and order. Therefore, such products, or those modified or customized, cannot be returned, exchanged, and the BUYER cannot exercise the right of withdrawal. The BUYER acknowledges this by electronically signing this contract.

5.4. If the BUYER believes that the product they received has defects due to production error, such as unclear images from the Gallery and Image bank, colors being lighter/darker than shown on the website, or any other defects, they must notify the SELLER within 7 business days after receiving the product. The BUYER should send photos of the defective areas to the SELLER. If the SELLER determines that the product has a production defect, they will request the product be sent back at their expense, and a new product with the same specifications will be sent to the BUYER.

5.5. The BUYER commits not to perform any maintenance/repair on the purchased product other than the maintenance methods suggested on the agorapazaar.com website; they also commit not to intervene in the product in any way other than specified on the website. Products damaged due to improper maintenance or use will not be replaced.

5.6. If after delivery, the BUYER’s credit card is used by unauthorized persons without the BUYER’s fault and the bank or financial institution does not pay the product price to the SELLER, the BUYER is obligated to return the product to the SELLER within 3 (three) days, provided that the product has been delivered. In such a case, the delivery costs are the BUYER’s responsibility.

ARTICLE 6: SELLER’S DECLARATIONS AND COMMITMENTS

6.1. The SELLER is responsible for delivering the product in good condition, complete, and in accordance with the specifications mentioned in the order, along with any warranty certificates and user manuals. If the product is to be delivered to someone else, the SELLER is not responsible if the recipient does not accept the delivery.

6.2. The SELLER informs the BUYER that the products sold are produced based on special requests and modifications and, therefore, the BUYER does not have the right to withdraw, and no returns or exchanges will be made except for defective products caused by production errors.

6.3. If the SELLER deems it impossible to perform the contract, they must notify the BUYER before the deadline for performance. In this case, the BUYER may cancel the order, request a substitute product, or delay the delivery until the obstruction is resolved. If the BUYER cancels the order, the paid amount and any documents will be refunded within 7 (seven) days.

ARTICLE 7: COPYRIGHT OF PRINTED IMAGES

For every product ordered through our site, the photo uploaded is the sole responsibility of the BUYER if it contains any copyright, whether used commercially or not. The SELLER will not be held liable under any circumstances.

ARTICLE 8: PRODUCT SPECIFICATIONS

The product’s qualities, size, colors, and total price including all taxes are specified on the product’s promotional page on agorapazaar.com and in the invoice, which is an inseparable part of this contract. The SELLER is not responsible for price update errors caused by technical reasons.

ARTICLE 9: CASH PRICE OF THE PRODUCT

The cash price of the product is included in the invoice.

ARTICLE 10: RIGHT OF WITHDRAWAL

10.1. Products that are produced based on special requests or customized products, or those altered or modified in any way, cannot be returned or exchanged, and the BUYER cannot exercise the right of withdrawal for these products.

10.2. The BUYER must notify the SELLER of any defective or faulty product within 7 days of delivery. If a production defect is found, the faulty product must be sent back with the original invoice and packaging.

10.3. For personalized printed products, the BUYER does not have a right to return since the product cannot be resold by the SELLER.

ARTICLE 11: DEFAULT AND LEGAL CONSEQUENCES

If the BUYER defaults on any transaction with their credit card, they will pay interest according to the credit card agreement with their bank and will be responsible toward the bank. In this case, the bank may take legal action and request expenses and attorney fees from the BUYER. In any case, if the BUYER defaults, they will compensate the SELLER for the resulting damages due to delayed payment.

ARTICLE 12: COMPETENT COURT

In the case of disputes arising from this contract, Consumer Arbitration Committees and Consumer Courts in the BUYER’s and SELLER’s place of residence will be authorized for amounts announced by the Ministry of Industry and Commerce. In places where there are no Consumer Courts, Civil Courts of First Instance will have jurisdiction.

ARTICLE 13: ENTRY INTO FORCE

By clicking “I have read the contract, I accept” and completing the payment for the order, the BUYER is deemed to have accepted all terms of this contract. The SELLER is obligated to ensure the order cannot be placed without obtaining confirmation that the contract has been read and accepted by the BUYER.