1. PARTIES
This Distance Sales Agreement (hereinafter referred to as the “Agreement”) has been arranged and concluded between the Parties below under the terms and conditions stated herein:
In this Agreement, the Seller and the Buyer shall be referred to individually as “Party” and collectively as the “Parties.”
1.1. Seller
Trade Name: E VE N SERVİS ANONİM ŞİRKETİ
Address: Maslak Mah. Dereboyu 2 Cd Ata Center İş Merkezi No:15 H:31, 34485 Sarıyer/İstanbul
MERSIS No: -
Phone: +90 212 276 06 16
Email: info@astonmartinstore.com
Fax: -
1.2. Buyer
Full Name: -
Address: -
Phone: -
Email: -
2. SUBJECT AND SCOPE OF THE AGREEMENT
2.1. This Agreement is arranged in accordance with the Law No. 6502 on the Protection of Consumers (“Law”) and the Distance Contracts Regulation (“Regulation”). The Parties hereby declare that they acknowledge and understand their rights and obligations arising from the Law and the Regulation.
2.2. This Agreement sets forth the rights and obligations of the Parties regarding the sale and delivery of the products/services (“Product/Products”) ordered electronically by the Buyer on the Seller’s website https://astonmartinstore.com/ (“Website”) and specified in this Agreement.
2.3. The pre-information form on the payment page of the Seller’s Website and the invoice issued upon the Buyer’s order form an integral part of this Agreement.
3. MAIN CHARACTERISTICS AND PRICE OF THE PRODUCT AND/OR SERVICE
3.1. The basic characteristics of the products; type and kind, quantity, brand/model/color, amount, unit price and total price, payment (collection) information, cargo company and fee, invoice details, and delivery information including the delivery location specified by the Buyer are as stated in the Pre-Information Form.
3.2. The prices presented to the Buyer are the sale prices of the product excluding all taxes and costs.
The prices listed and announced on the site are valid until they are changed. Prices and campaigns announced for a limited time are valid until the end of the specified period.
4. PRODUCT INFORMATION AND PRICE
4.1. The cash price of the product is as stated in the order form, and is also available in the order confirmation email and the invoice sent to the customer either with the product or online, as follows:
| PRODUCT DESCRIPTION |
QUANTITY |
AMOUNT |
| - |
- |
- |
| Total Sales Amount: |
| Total Amount Payable (Including VAT): |
| Shipping Fee: |
| Payment Method: |
| Order Date: |
| Invoiced To: |
| Billing Address: |
| Delivery Date: |
| Delivery Address: |
| Recipient(s): |
5. DELIVERY OF THE PRODUCT AND METHOD OF DELIVERY
5.1. This Agreement comes into force upon the electronic approval by the Buyer and is fulfilled upon the delivery of the Product purchased by the Buyer from the Seller. The Product will be delivered to the address and authorized person(s) specified by the Buyer in the order form and this Agreement.
5.2. If it is requested that the Product(s) be sent by the cargo and logistics company contracted by the Seller, the delivery will be made to the delivery point selected by the Buyer. However, the Seller has no obligation to deliver inside the premises at the specified delivery location. Also, the Seller is not responsible for any vehicle change or damage transition caused by the inability of the delivery truck to enter the location. The Seller shares the shipping zones of the logistics company with the Buyer. If the Buyer’s delivery address is outside the shipping zone, the Seller has the right to cancel the order. In case of cancellation, if the product price has been collected, it will be refunded to the Buyer. If the Buyer requests the shipment via a cargo company other than the one specified by the Seller, the Seller shall not be held responsible for any loss or damage occurring after delivery to the said company.
5.3. In regions where the cargo company delivers only once a week, and in cases of incorrect or incomplete shipping information, or force majeure such as social events or natural disasters, delays may occur. The Buyer may not hold the Seller responsible for such delays.
5.4. If the Product is to be delivered to someone other than the Buyer, the Seller shall not be held responsible if that person refuses to accept delivery, or if the delivery information is incorrect, or if the Buyer is not at the location. Additional cargo and/or storage fees arising from such situations will be borne by the Buyer. Likewise, if the Product is to be delivered to the Buyer but is refused, the Seller shall not be responsible for any additional costs. If the Product(s) are not delivered within the specified period, the issue must be reported immediately to info@astonmartinstore.com.
5.5. The Buyer is responsible for inspecting the Product at the time of delivery; damaged and defective items (e.g., crushed, broken, torn packaging) should not be accepted. If a shipping issue is identified, the Buyer must refuse the delivery and have a report prepared by the shipping company. If the package is not accepted and a report is prepared, the Buyer must notify the Seller by email at info@astonmartinstore.com along with a copy of the report. Otherwise, the Seller will not accept liability. If the Buyer chooses their own cargo company, the Seller is not responsible for any loss or damage after the Product is delivered to the cargo company. The Seller is also not responsible for delays in delivery in such cases.
6. DELIVERY COSTS AND PERFORMANCE
6.1. Unless otherwise stated, delivery costs shall be borne by the Buyer. If the Seller declares on the Website that it will cover delivery costs, then such costs shall be borne by the Seller. Delivery of the Product shall be made within the promised time, subject to stock availability and receipt of payment. Except in cases where performance becomes impossible, the Seller shall deliver the Product within approximately 12-14 (twelve to fourteen) weeks from the date of the Buyer’s order (excluding Products customized or produced for the Buyer's specific request).
6.2. If the Product price is not paid for any reason or is cancelled in bank records, the Seller shall be deemed to be released from the delivery obligation. In cases where the performance of the order becomes impossible, the Seller will inform the Buyer within 3 (three) days and refund all collected payments, including any delivery fees, within 14 (fourteen) days from the date of notification.
7. PAYMENT METHOD
7.1. The Buyer may only use the payment methods listed on the Website.
7.2. Orders are processed not at the time of placement but upon receipt of the payment into the Seller’s bank accounts. The Buyer agrees that for installment sales via bank credit cards, relevant interest and default interest terms shall be separately confirmed with the bank, and the provisions of the credit card agreement between the bank and the Buyer shall apply.
7.3. Installment/credit payment options offered by banks or financing institutions are a service provided directly by those institutions and shall not be considered as an installment sale by the Seller. The Seller collects the full price upfront.
7.4. If the Buyer's credit card is used unlawfully by third parties after delivery through no fault of the Buyer, and the related bank or financial institution does not pay the Seller, the Buyer must return the Product to the Seller within 3 (three) days. Return shipping costs are the responsibility of the Buyer.
8. BUYER’S RIGHTS AND OBLIGATIONS
8.1. By entering into this Agreement, the Buyer declares that they confirm electronically, of their own will, all information provided by the Seller before the conclusion of the distance contract, including the address, main features of the ordered Products, prices including taxes, payment methods, and delivery details, and that they have completed the purchase.
8.2. The Buyer may communicate any requests and complaints using the Seller contact details listed above or via the contact information provided on the Website.
9. SELLER’S RIGHTS AND OBLIGATIONS
9.1. The Seller agrees and undertakes to deliver the ordered Product(s) in full and in compliance with the specifications listed in the order, along with any warranty documents, manuals, and other required documents, and to fulfill the contract in accordance with legal requirements, business integrity, and good faith. The Seller shall ensure the quality of service and act with caution and foresight.
9.2. If the Product is delivered to someone other than the Buyer and they refuse delivery, the Seller shall not be held responsible. The Seller does not perform verification of the Buyer’s personal information. The Seller shall not be held liable for errors or omissions in Buyer-provided information or for any lack of legal capacity on the part of the Buyer.
RIGHT OF WITHDRAWAL
10.1. The Buyer shall have the Right of Withdrawal for Products in stock.
10.2. The Buyer agrees to notify the Seller, via the contact details above or through the Website, within 14 (fourteen) days following delivery of the product. The Buyer is required to return the purchased Products within 10 (ten) days of notifying the Seller, together with all original packaging, accessories, and any gifted items in complete and undamaged condition. If the Product is not returned within this time, the withdrawal request will be considered invalid.
10.3. In calculating the withdrawal period, for single orders with multiple deliveries, the period starts from the day the last item is received; for Products consisting of multiple parts, it starts when the last part is received; and for regularly delivered goods, it starts from the date of first delivery.
10.5. If the Buyer returns the Product via a cargo company other than the Seller’s contracted provider, all costs and damages incurred during shipping will be borne by the Buyer, and the Seller shall not be held liable.
10.6. The Seller shall refund all payments made by the Buyer within 14 (fourteen) days from the date of withdrawal, using the same method of payment, without any additional charges.
10.7. The Buyer cannot use the right of withdrawal in the following cases:
10.7.1. Products customized according to the Buyer’s requests or personal needs,
10.7.2. Products whose protective elements (e.g. packaging, tape, seal) have been removed after delivery and are not suitable for return due to hygiene or health reasons,
10.7.3. Products not in stock and manufactured specifically upon the Buyer's order,
10.7. The Buyer must return all Products in their original box and packaging, without damage.
10.8. For Products not covered by the Distance Contracts Regulation, the right of withdrawal is governed by general legal principles. For Products excluded from the Regulation, the Buyer does not have a right of withdrawal.
11. FORCE MAJEURE
11.1. Events that do not exist at the time of signing this Agreement, are unforeseen, occur beyond the control of either Party, and make it impossible for the affected Party to partially or wholly fulfill its obligations under the Agreement or to do so on time, such as natural disasters, war, terrorism, uprisings, seizure, strikes, lockouts, and significant malfunctions in production and communication facilities, shall be considered force majeure events.
11.2. The Parties shall notify each other in writing within (3) three days of becoming aware of the force majeure event.
11.3. During the continuation of the force majeure event, the affected Party shall not be held liable for failure to perform its obligations. If the force majeure continues for (15) fifteen days, either Party shall have the right to unilaterally terminate this Agreement.
12. DEFAULT AND LEGAL CONSEQUENCES
12.1. If the Buyer falls into default in credit card or similar payments, the Buyer shall be liable to pay interest to the relevant bank or financial institution under the credit agreement between them. In such a case, the bank or financial institution may pursue legal remedies, and may claim legal costs and attorney fees from the Buyer. If the Buyer delays payment of the debt, the Buyer shall also be liable for any damages incurred by the Seller due to the delay.
13. NOTIFICATIONS
13.1. All correspondence between the Parties under this Agreement shall be conducted via electronic mail, except where otherwise required by law.
14. RESOLUTION OF DISPUTES
14.1. In the implementation of this Agreement, Consumer Arbitration Boards and Consumer Courts in the location where the Buyer purchased the goods/services and resides shall be authorized up to the value announced by the Ministry of Trade.
14.2. In accordance with Article 68, paragraph 1 of the Law, consumer claims shall be handled by the district/provincial consumer arbitration boards within the limits set forth by law.
14.3. In any dispute arising between the Parties, the Seller’s commercial records, computer data, and other documents shall constitute conclusive and exclusive evidence. This article is a contract of evidence under Article 193 of the Code of Civil Procedure.
15. ENFORCEMENT
15.1. This Agreement, consisting of 15 (fifteen) articles, has been read and electronically approved by the Buyer on the transaction date, and thereby entered into force.
