1 - PARTIES

SELLER

• Seller Name/Title: Istanbul Toy Museum
• Seller's Full Address: Ömerpaşa Cad. Dr. Zeki Zeren Sok. No:15 Göztepe- Istanbul
• Seller's Phone: 0 216 359 45 50-51
• Seller's Mersis No: 0783014013300011
• Seller's Email Address : info@istanbuloyuncakmuzesi.com
• Courier Company the Buyer Will Use to Return the Goods to the Seller in Case of Return: UPS

 

BUYER

• First Name – Last Name :
• Address :
• Phone :
• Email :

SUBJECT AND SCOPE OF THE AGREEMENT

This Distance Sales Agreement ("Agreement") has been prepared in accordance with the Consumer Protection Law No. 6502 ("Law") and the Regulation on Distance Contracts. The parties to this Agreement acknowledge and declare that they are aware of and understand their obligations and liabilities arising from the Law and the Regulation on Distance Contracts under this Agreement.

The subject of this Agreement is the determination of the rights and obligations of the parties in accordance with the provisions of the Law and the Regulation on Distance Contracts regarding the sale and delivery of goods or services having the characteristics specified in the Agreement, in relation to the Buyer placing an electronic order for the purchase of goods or services belonging to the Seller from the website at www.istanbuloyuncakmuzesi.comm ("Website"), which belongs to Sunay Akın Müzecilik ve Kültür Hizmetleri Ltd. Şti. (Istanbul Toy Museum).

The conclusion of this Agreement shall not prevent the performance of the provisions of the Website Membership Agreements concluded by the parties separately with Istanbul Toy Museum, and the parties acknowledge and declare that Istanbul Toy Museum is not a party in any way to the sale of the goods or services subject to this Agreement and that it has no responsibility or commitment regarding the fulfillment of the parties' obligations under the Agreement.

BASIC CHARACTERISTICS AND PRICE OF THE GOODS OR SERVICES SUBJECT TO THE AGREEMENT (VAT INCLUDED)

The announced prices and promises are valid until updated and changed. Prices announced for a limited period are valid until the end of the specified period.

• Total product price excluding shipping:
• Shipping Fee:
• Total Price Including Shipping:
• Payment Method and Plan:
• Installment Difference Charged:
• Interest rate used in calculating the installment difference:

THE PRICE OF THE PRODUCT IN QUESTION IS COLLECTED FROM THE BUYER BY ISTANBUL TOY MUSEUM ON BEHALF OF THE SELLER WITHIN THE SCOPE OF THE PAYMENT PROTECTION SYSTEM. BY PAYING THE PRICE OF THE GOODS/SERVICES TO ISTANBUL TOY MUSEUM, THE BUYER SHALL BE DEEMED TO HAVE PAID THE PRODUCT PRICE TO THE SELLER.

 

DELIVERY OF THE GOODS AND METHOD OF DELIVERY

The Agreement enters into force upon approval by the Buyer in electronic form and is considered fulfilled upon delivery of the goods or services purchased by the Buyer from the Seller to the Buyer. The goods will be delivered to the address specified by the Buyer in the order form and in this Agreement and to the authorized person(s) specified.

DELIVERY COSTS AND PERFORMANCE

Unless otherwise provided, the delivery costs of the goods belong to the Buyer. If the Seller has declared on the Website that the delivery fee will be covered by the Seller, the delivery costs shall belong to the Seller.

The delivery of the goods is made within the promised period after the payment is completed. Unless the performance of the goods or services subject to the order becomes impossible, the Seller shall deliver the goods or services within 30 (thirty) days from the date the goods or services are ordered by the Buyer.

If the price of the goods or services is not paid by the Buyer for any reason or if the payment made is canceled in the bank records, the Seller shall be considered released from the obligation to deliver the goods or services.

In case of cancellations made by the Buyer after the goods are dispatched by the Seller but before they are received by the Buyer, the Buyer is responsible for the shipping cost.

In cases where the performance of the goods or services subject to the order becomes impossible, the Seller shall inform the Buyer within 3 (three) days from the date it learns of the situation and shall refund all payments collected, including delivery costs if any, within at most 14 (fourteen) days from the notification date.

DECLARATIONS AND COMMITMENTS OF THE BUYER

The Buyer declares that it has read and is informed about the preliminary information uploaded by the Seller on the Website regarding the basic characteristics, sale price, and payment method of the goods or services subject to the Agreement, as well as the delivery and shipping costs, and that it has provided the necessary confirmation in electronic form.

Buyers may submit their requests and complaints as consumers using the Seller contact information provided above.

By confirming this Agreement and the Preliminary Information Form in electronic form, the Buyer also confirms that it has received the address that must be provided to the Buyer by the Seller before the conclusion of distance contracts, the basic characteristics of the goods or services ordered, the price of the goods or services including taxes, and the payment, delivery, and delivery price information accurately and completely. If the Buyer receives the goods or services subject to the Agreement from the courier company while they are clearly damaged or defective at the time of delivery, such as being destroyed, broken, or having torn packaging, the responsibility shall belong entirely to the Buyer.

If the Buyer's credit card is used unlawfully or illegally by unauthorized persons due to a reason not caused by the Buyer's fault after the delivery of the goods or services, and the relevant bank or financial institution does not pay the price of the goods or services to the Seller, the Buyer is obliged to return the goods or services to the Seller within 3 (three) days, provided they have been delivered to the Buyer. In this case, the delivery costs belong to the Buyer.

DECLARATIONS AND COMMITMENTS OF THE SELLER

The Seller is responsible for delivering the goods or services subject to the Agreement to the Buyer in accordance with consumer legislation, sound, complete, suitable for the characteristics specified in the order, and with warranty documents and user manuals if any.

If the Seller cannot deliver the goods or services subject to the Agreement within the period due to force majeure or extraordinary circumstances preventing transportation, it is obliged to notify the Buyer within 3 (three) days from the date it learns of the situation.

If the goods or services subject to the Agreement are to be delivered to a person other than the Buyer, the Seller cannot be held responsible if the person to whom they are to be delivered does not accept the delivery.

RIGHT OF WITHDRAWAL

The Buyer may exercise the right of withdrawal within 14 (fourteen) days from the delivery date for transactions related to the sale of goods and from the purchase date for transactions related to the sale of services, without assuming any legal or criminal liability and without stating any reason. The Buyer may also exercise the right of withdrawal during the period until the delivery of the goods.

The Buyer must submit the request to exercise the right of withdrawal by sending an email to info@istanbuloyuncakmuzesi.com.

The Buyer must fill out the return request form by email to the Seller, obtain the Seller's return address information, and return the goods within 10 (ten) days from the date it exercises the right of withdrawal. The goods must be returned together with the invoice, the box of the goods, the packaging, and all standard accessories and other products gifted with the goods, complete and undamaged. The Buyer is not responsible for changes and damages occurring if it uses the goods in a manner suitable for their operation, technical specifications, and usage instructions during the withdrawal period. Detailed information regarding the exercise of the right of withdrawal can be reviewed in the Privacy Policy and Shopping Terms section at www.istanbuloyuncakmuzesi.com.

As long as the Buyer sends the goods it will return to the Seller using the Seller's contracted courier company specified in the Preliminary Information Form, the return shipping cost belongs to the Seller. If the Buyer sends the goods it will return using a courier company other than the Seller's contracted courier company specified in the Preliminary Information Form, the Seller is not responsible for the return shipping cost or any damage the goods may suffer during the shipping process.

Within 14 (fourteen) days from the exercise of the right of withdrawal (provided that the goods are sent back through the carrier specified by the Seller for returns), all payments made by the Buyer to the Seller or the Intermediary Service Provider regarding the relevant goods or services will be refunded to the payment method used by the Buyer at the time of purchase, without imposing any cost or obligation on the consumer, and in a single installment. In purchases made using credit, the product price will be refunded to the credit-related account in cases where the right of withdrawal is exercised properly.

CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

In accordance with the legislation, the Buyer cannot exercise the right of withdrawal in the following cases:

Contracts regarding goods or services whose prices vary depending on fluctuations in financial markets and are not under the Seller's control (e.g., products in the jewelry, gold, and silver categories); contracts regarding the delivery of goods prepared according to the Buyer's requests or clearly in line with its personal needs, which are not suitable for return due to their nature, are liable to deteriorate quickly, or may expire; goods whose protective elements such as packaging, tape, seal, or package have been opened after delivery; contracts regarding the delivery of goods whose return is not suitable for health and hygiene reasons; contracts regarding goods that are mixed with other products after delivery and cannot be separated by their nature; contracts regarding books, sound or video recordings, software programs, and computer consumables offered in a tangible medium, provided that the protective elements such as packaging, tape, seal, or package have been opened by the Buyer; contracts regarding the delivery of periodicals such as newspapers and magazines, except those provided within the scope of a subscription agreement; contracts regarding accommodation, transportation of goods, car rental, food and beverage supply, and leisure activities for the purpose of spending free time that must be performed on a specific date or period; contracts regarding the performance of services related to betting and lotteries; contracts regarding services where performance begins with the consumer's approval before the withdrawal period expires; and contracts regarding services performed instantly in an electronic environment and intangible goods delivered instantly to the consumer (gift cards, gift vouchers, coupons usable in place of money, and similar).

The right of withdrawal shall not be exercised for goods or services excluded from the scope of the Regulation on Distance Contracts (food, beverages, or other daily consumption items delivered to the Buyer's residence through the Seller's regular deliveries, and services in areas such as travel, accommodation, catering, and the entertainment sector).

The cancellation and return conditions of such goods and services offered for sale in the holiday category are subject to each Seller's practices and rules.

DISPUTE RESOLUTION

The responsibility for the goods or services sold within the scope of the Law and the Regulation on Distance Contracts belongs to the Seller. In addition, Buyers shall submit their complaints regarding the goods and services they purchased directly to Istanbul Toy Museum.

In disputes arising from this Distance Sales Agreement, the Consumer Arbitration Committees in the province or district where the Buyer resides or purchased the product shall have jurisdiction up to the value announced annually by the Ministry of Customs and Trade, and Consumer Courts shall have jurisdiction for disputes exceeding that value.

PRICE OF GOODS/SERVICES

The cash or installment sale price of the goods is the price stated in the order form, as well as the price contained in the informational email sent at the end of the order and the invoice sent to the customer with the product.

DEFAULT AND LEGAL CONSEQUENCES

In case the Buyer defaults on transactions made with a credit card, it shall pay interest under the credit card agreement concluded between the cardholder and the cardholder bank and shall be liable to the bank. In this case, the relevant bank may pursue legal remedies; it may demand the costs and attorney fees incurred from the Buyer and, in all cases, if the Buyer defaults due to the delayed performance of its debt, the Buyer shall be responsible for the loss and damage suffered by the Seller due to the Buyer's delayed performance of its debt.

NOTIFICATIONS AND EVIDENCE AGREEMENT

All correspondence between the parties under this Agreement shall be conducted on the Website under My Account>Product Questions or via email, except for the mandatory cases specified in the legislation. The Buyer acknowledges, declares, and undertakes that in disputes arising from this Agreement, the Seller's official books and commercial records, electronic information and computer records kept in its own database and servers shall constitute binding, final, and exclusive evidence, and that this provision constitutes an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure.

EFFECTIVENESS

This Agreement, consisting of 14 (fourteen) articles, has been read by the parties and concluded and entered into force by the Buyer's approval in electronic form on the date of purchase of the product.