Legal notice
Distance Sales Agreement
ARTICLE 1 – PARTIES
This Agreement ("Agreement") is signed between:
Özgür Masur Moda Tasarım ve Tekstil Ürünleri Ticaret Limited Şirketi, subject to Turkish law (hereinafter referred to as "Özgür Masur") and The buyer who purchases the product from www.ozgurmasur.com (hereinafter referred to as the "Buyer").
Özgür Masur and the Buyer shall be referred to together as the Parties.
The following terms and conditions are agreed upon:
Once the order is placed, the Buyer is deemed to have accepted all terms of this Agreement.
ARTICLE 2 – SUBJECT OF THE AGREEMENT
The subject of this Agreement is to establish the mutual rights and obligations of the Parties in relation to the purchase of products listed on Özgür Masur’s website by the Buyer and the delivery of the respective products to the customer. The delivery address is as specified by the Buyer.
ARTICLE 3 – PRODUCTS AND SERVICES ON THE WEBSITE
I. The essential features and other details of the products or services offered by Özgür Masur on the website are available at www.ozgurmasur.com. The Buyer cannot claim any performance from Özgür Masur based on information not provided on the website.
II. The prices listed and advertised on the website are the sales prices. Advertised prices and promises are valid until updated or changed. Time-limited prices are valid until the specified end date. Özgür Masur reserves the unilateral right to apply and revoke discounts on products and services.
III. The sales price of the goods or services specified in this Agreement does not include VAT, customs duties, or other taxes. These taxes shall be borne by the Buyer, based on the tax systems and rates of the Buyer’s country. Özgür Masur is not responsible for any taxes that may arise.
IV. Özgür Masur will deliver the fully paid product to the Buyer within thirty days, provided that it is available in stock.
ARTICLE 4 – SHIPPING AND DELIVERY METHOD
I. Özgür Masur ships the products sold via the www.ozgurmasur.com website by an agreed-upon courier company, in the special packaging and protection unless otherwise requested by the Buyer, by the specified delivery date.
II. Since the product prices listed on the website do not include taxes and delivery costs, such costs shall be borne directly by the Buyer. The Buyer irrevocably accepts this clause.
III. Özgür Masur is not responsible for any issues arising from the courier company, including delayed or non-delivery of the products by the courier during the delivery process.
IV. In the case of damaged packages, the Buyer should refuse to accept the package and have a report drawn up by the courier company representative. If the courier believes the package is undamaged, the Buyer has the right to open the package on the spot and inspect the goods to ensure they are undamaged, and request the situation to be documented with a report. Once the Buyer accepts the package, the courier is considered to have fulfilled its duties properly.
VI. All information provided by the Buyer must be accurate and complete. The Buyer accepts full responsibility for any damages resulting from inaccurate or incomplete information and agrees to bear all liabilities that may arise from such situations.
ARTICLE 5 – RETURN AND EXCHANGE POLICY
I. All products listed on www.ozgurmasur.com are customized according to the Buyer’s measurements and other requests. Accordingly, orders placed or to be placed via www.ozgurmasur.com cannot be changed or returned. The Buyer acknowledges and declares that they do not have the right to return or exchange customized products purchased from Özgür Masur.
II. The Buyer has no right to withdraw or cancel the Agreement. The payment specified in the Agreement is collected in advance, and if the Agreement is withdrawn, this payment will be considered a cancellation fee.
III. Özgür Masur reserves the right to stop the order if the information provided by the Buyer is found to be inaccurate. If Özgür Masur cannot reach the Buyer through the phone, email, or postal address provided by the Buyer within seven business days, the order will be frozen for seven business days. During this time, the Buyer is expected to contact Özgür Masur regarding the issue. If no response is received from the Buyer, Özgür Masur will cancel the order to prevent harm to both parties.
ARTICLE 6 – BUYER'S DECLARATIONS AND WARRANTIES
I. The Buyer accepts, declares, and undertakes that they have read all the preliminary information provided on www.ozgurmasur.com, that they know and have approved the basic features of the product subject to this Agreement, the sales price, payment method, and delivery conditions, and that they have confirmed this Agreement electronically. The Buyer also confirms that they have obtained correct and complete information regarding the basic features, tax-excluded sales price, delivery fee, and payment and delivery details of the product.
II. The Buyer accepts and declares that they have read and understood all the preliminary information/conditions in the Agreement and will fully and timely comply with all obligations.
III. All intellectual property rights of www.ozgurmasur.com (including website information, articles, images, trademarks, logos, designs, and texts) are the exclusive property of Özgür Masur. None of the materials on www.ozgurmasur.com may be modified, copied, downloaded, uploaded, reproduced, repackaged, republished, transmitted, redistributed, or resold in whole or in part. Such use of the website materials is strictly prohibited under the Turkish Law on Intellectual and Artistic Works (No. 5846), and legal and criminal sanctions will be directly applied to the Buyer.
IV. The Buyer acknowledges that they have read and understood the information on the Protection of Personal Data Law on www.ozgurmasur.com, and consents to the processing and sharing of personal information in accordance with the law.
ARTICLE 7 – ÖZGÜR MASUR’S RIGHTS AND OBLIGATIONS
I. Özgür Masur is obliged to provide the products purchased by the Buyer, complete and without defects, provided that the products are in stock. The Buyer must inspect the products upon delivery and report any defects within seven days. Otherwise, the Buyer loses the right to request rectification of the defect. Products customized according to the Buyer’s specifications cannot be returned or exchanged. However, if Özgür Masur acknowledges the defect, the conditions for modification are reserved.
II. Özgür Masur will supply the products based on the measurements specified by the Buyer on the order date. Özgür Masur is not responsible if the measurements differ from those provided during the order.
III. Özgür Masur will inform the Buyer about when and how the products will be shipped, with shipping costs borne by the Buyer.
IV. Özgür Masur is entitled to collect the product payment by credit card, bank transfer, or other methods. Özgür Masur is not responsible for delays or errors caused by banks or payment agencies, and in such cases, the Buyer may be required to make the payment again.
V. Özgür Masur reserves the unilateral right to make changes on the website and determine stock without providing a reason. The Buyer cannot claim rights over products that were reserved or attempted to be purchased if such changes are made.
VI. The obligation of Özgür Masur to dispatch the product ends when the product is handed over to the courier. After this point, Özgür Masur is not responsible if the courier fails to deliver the product or if the persons at the delivery address do not accept the product.
ARTICLE 8 – INTELLECTUAL AND INDUSTRIAL RIGHTS AND PROTECTION OF PERSONAL DATA
I. The right to transmit signs, sounds, and/or images (including copyrights), the right to communicate works to the public via any devices, and the rights to adapt, reproduce, distribute, and perform the services subject to this Agreement belong solely to Özgür Masur.
II. The Buyer cannot copy, imitate, or modify the designs created by Özgür Masur or make them available to third parties.
III. The Buyer is subject to criminal and civil liability under the relevant legislation, and Özgür Masur reserves the right to claim and file lawsuits in this regard.
IV. The Buyer accepts that they have read the Personal Data Protection Law and consent form on www.ozgurmasur.com and agrees to process personal data according to the relevant laws.
ARTICLE 9 – FORCE MAJEURE
In cases where the delivery of the product subject to this Agreement is delayed due to force majeure events, such as adverse weather conditions, or other extraordinary situations that prevent shipping, Özgür Masur is obliged to inform the Buyer. In this case, the Buyer may choose to extend the delivery time until the situation ceases. The Buyer acknowledges that the extension right applies only to unforeseen force majeure events and that the customized products will be shipped once the force majeure event ends.
ARTICLE 10 – OTHER PROVISIONS
I. In cases not covered by this Agreement and its annexes, the provisions of the Turkish Consumer Protection Law No. 6502 and the Turkish Commercial Code for commercial companies and merchants shall apply.
II. Disputes arising from the application of this Agreement and its annexes shall be resolved in the central courts of Istanbul. The Agreement shall be governed by Turkish Law.
III. In the event of a dispute, the information, documents, and commercial records of Özgür Masur shall constitute conclusive evidence.
IV. This Agreement consists of 10 articles, and Özgür Masur reserves the right to unilaterally amend the Agreement.
OZGUR MASUR MODA TASARIM VE TEKSTİL ÜRÜNLERİTİCARET LİMİTED ŞİRKETİ