Distance Sales Agreement

This Distance Sales Agreement (“Agreement”) is concluded electronically between the Seller identified below and the Buyer, in connection with the Buyer’s purchase of products/services via the Seller’s website or mobile application, pursuant to the Law No. 6502 on the Protection of Consumers, the Regulation on Distance Contracts, and the applicable legislation.

1. Parties

Seller (Service Provider):

• Title: Yiğit Kaan Kuştemir (Sole Proprietorship)
• Brands: Get Society & Get SoArt
• Tax Office / No: Beyoğlu Tax Office – 5981171759
• Address: Harbiye Mah. Asker Ocağı Cad. Süzer Plaza No:6 İç Kapı No:62, Şişli / İstanbul
• Phone: +90 (546) 551 66 51
• E‑mail: [email protected]

Buyer (Consumer):

• Name / Title: [AS STATED IN THE ORDER FORM]
• Address: [AS STATED IN THE ORDER FORM]
• Phone: [AS STATED IN THE ORDER FORM]
• E‑mail: [AS STATED IN THE ORDER FORM]

2. Subject of the Agreement

This Agreement governs the sale, delivery, payment terms, right of withdrawal and return procedures, and the rights and obligations of the Parties in relation to the products or services ordered electronically by the Buyer via the e‑commerce platform at www.getsociety.com, in compliance with Law No. 6502, the Regulation on Distance Contracts, and other applicable legislation.

The products offered for sale include:

• Products under the Seller’s own brands, Get Society and Get SoArt.
• Artworks produced by contracted artists and limited‑edition collectible products.
• Original and registered products of other manufacturers or brands (“Branded Products”).

Branded Products are procured and offered for sale in line with the quality standards and production/design policies of the relevant brand owners. For these products, the Seller is subject to the warranty, return, and exchange terms set by the brand owner.

3. Product and Service Information

3.1 Product Description and Specifications

• For each product offered for sale, its nature, type, quantity, brand/model, color, size, materials, sales price, payment method, delivery time, and shipping charges are provided to the Buyer via the pre‑contract information form before the order is finalized, and the Buyer’s approval is obtained.
• For Branded Products, the brand name, authenticity, license information, and warranty conditions are expressly stated on the product page.
• For artist collaboration works, the artist’s name, artwork title, edition information (unique, limited, etc.), technical specifications (materials, technique), and dimensions are clearly indicated.

3.2 Visuals and Promotional Materials

• While product images are presented as accurately as possible, tone and color differences may occur due to device screens, lighting, or production techniques. Such differences are not deemed “defects.”
• For artworks, differences in size, tone, and texture may arise due to hand‑crafted production processes. These differences are part of the work’s natural and unique character.

3.3 Made‑to‑Order and Personalized Orders

• For products manufactured per the consumer’s requests (custom dimensions or design), a design/project approval is presented to the Buyer prior to production.
• Changes requested by the Buyer during production may incur additional costs and extend the delivery time.
• Made‑to‑order and personalized products fall under the exceptions to the right of withdrawal and cannot be returned/exchanged (Article 5.2).

3.4 Information on Branded Products

• Branded Products are procured from authorized suppliers or directly from the brand owner.
• The production, warranty, and return policies of such products are subject to the conditions of the brand owner or distributor. The Seller provides these policies to the Buyer prior to the order.
• Certificates or warranty documents stipulated by the brand owner are delivered to the Buyer with the product.

3.5 Stock and Supply Status

• Stock information is indicated on the product page. However, due to simultaneous orders or supplier‑driven updates, a sale may occur despite lack of stock.
• In such cases, the Seller promptly informs the Buyer and offers the following options:
  • Refund,
  • Product replacement,
  • Approval to wait after being informed of the revised timeline.

3.6 Binding Nature of Product Descriptions

• The descriptions on the product page and in the pre‑contract information form are binding.
• However, due to reasons beyond the Seller’s control (supplier changes, production cancellation, import bans, etc.), product features may change. In such cases, the Buyer is informed before the order for approval.

4. Delivery Conditions

4.1 Delivery Time

• Orders are delivered to the Buyer within a maximum of 30 (thirty) days from the date the order is received and payment is authorized.
• For made‑to‑order products, artist collaboration works, and Branded Products, production/procurement times may vary. The delivery period is separately stated in the pre‑contract information form.
• If the statutory maximum delivery period is exceeded, the Buyer may cancel the order and the amount paid is refunded within 14 days at the latest.

4.2 Delivery Method

• Deliveries are made via the Seller’s contracted courier or logistics companies.
• The delivery address is the address declared by the Buyer at the time of order. Additional shipping charges arising from incomplete/incorrect addresses, the Buyer’s absence, or refusal to accept delivery are borne by the Buyer.

4.3 International Deliveries

• For shipments outside Türkiye, delivery times may vary based on the destination country, customs procedures, and logistics conditions.
• Customs duties, import taxes, fees, and other official charges arising from international shipments are borne by the Buyer.

4.4 Partial Delivery

• For orders consisting of multiple items, products may be shipped partially based on stock and supply status.
• In such cases, the Seller covers any additional shipping costs so that no extra charge is incurred by the Buyer.

4.5 Inspection upon Delivery

• The Buyer is obliged to inspect the products at the time of delivery.
• If any damage, shortage, or deformation is detected in the packaging or the product, this must be recorded with the courier through a delivery report at the time of delivery.
• Claims for transport‑related damages may be deemed invalid for products accepted without a report.

4.6 Delivery of Branded Products

• Delivery times for Branded Products may vary depending on the brand owner’s supply and logistics processes.
• For such products, shipment may also be made directly by the brand owner or authorized distributor. In this case, the shipping process and tracking are conducted per the brand owner’s procedures.

4.7 Delays due to Force Majeure

• Delivery may be delayed due to force majeure such as natural disasters, fire, flood, earthquake, pandemics, strikes, war, internet/courier infrastructure issues, or decisions of public authorities.
• In such cases, the parties are not held liable, and the delivery period recommences once the force majeure event ceases.

5. Right of Withdrawal, Returns, and Damage Procedure

5.1 General Return Policy

A significant portion of the products sold by Get Society & Get SoArt are “made to order” or procured upon order. Therefore, starting from 24 hours after the order is placed, no changes, cancellations, or standard right of withdrawal are applied to orders.

For in‑stock, standard production items, the Buyer may exercise the right of withdrawal within 14 days from the date of delivery.

5.2 Products Not Eligible for Withdrawal

• Products manufactured/customized per the consumer’s requests or personal needs,
• Special prints, framed, signed, or limited‑edition artworks,
• Products not suitable for return due to hygiene reasons (e.g., used textiles, opened cosmetics, etc.).

5.3 Reporting Damaged Products

• Transport‑related damages must be reported to the Seller in writing with photographic evidence within 48 hours of delivery.
• Photos must clearly show the product (including packaging) from all angles in .jpeg or .png format.
• Photos must be taken before assembly/use; claims may be rejected for assembled/used items.

5.4 Damage Assessment Process

• Upon reviewing the evidence, the Seller may, at its discretion, decide on repair, replacement, or refund.
• In case of replacement or re‑production, the delivery period is determined based on production capacity and logistics conditions.
• Damage assessments may take an average of 30 business days.

5.5 Shipping Costs

• For approved returns or exchanges, the shipping cost is borne by the Seller.
• For unapproved claims or buyer‑fault cases, shipping costs are borne by the Buyer.

6. Payment Terms

6.1 Payment Methods

• The Buyer may pay by credit card, debit card, bank transfer/EFT, or other electronic payment methods defined by the Seller.
• Payment must be completed during checkout, or for transfer/EFT within 2 business days from the order date. If payment is not completed within this period, the order is canceled.

6.2 Installments and Bank Charges

• For installment payments, interest, finance charges, commissions, and other costs applied by the relevant bank or card issuer are borne by the Buyer.
• Any deductions made by the bank (POS commission, installment interest, processing fees, etc.) are not included in the product price and are passed on to the Buyer.
• In installment sales, bank deductions are not refunded in cancellations/returns; refunds are made net of such deductions.

6.3 Payments for Made‑to‑Order and Personalized Products

• The full order amount is collected before production commences; production does not start without payment authorization.
• Once production has begun, cancellation requests are not accepted and no refunds are issued (Article 5.2).

6.4 Payment Terms for Branded Products

• Payment is collected in accordance with the conditions set by the supplier/brand owner.
• Prepayment or deposit may be required if necessary; this information is provided to the Buyer prior to the order.
• Cancellation/return processes are subject to the brand owner’s return procedures.

6.5 Payment Security

• During payment, the Seller may implement additional security protocols such as 3D Secure.
• The Buyer is responsible for ensuring that card details are not visible to third parties during entry.
• In cases of suspected unauthorized or fraudulent payment, the Seller reserves the right to cancel the order and refund the payment.

6.6 Prices and Taxes

• Unless otherwise stated, all prices include VAT.
• For international shipments, customs duties, import fees, and other official charges are borne by the Buyer.
• The Seller reserves the right to change prices; price changes do not apply to confirmed orders.

7. Defective Products and Liability

7.1 Definition of Defect

• A defective product is one that, on the delivery date, is non‑conforming to the contract, fails to meet its intended use, has material or legal deficiencies, or deviates from the qualities described in the product presentation.
• Color/tone variations, natural material‑based texture differences, or minor dimensional differences arising from hand craftsmanship are not considered defects.

7.2 Notification Period for Defects

• The Buyer must notify defects within 30 days from the delivery date. In case of hidden defects, notification must be made within a reasonable period.

7.3 Seller’s Obligations

In the case of a defective product, the Buyer may exercise one of the following options under Law No. 6502:

1. Reduction in the price,
2. Replacement with a non‑defective equivalent,
3. Repair at no cost,
4. Rescission of the contract (refund).

The Seller fulfills the Buyer’s chosen request within 30 business days.

7.4 Liability for Branded Products

• Warranty and defective product procedures are subject to the conditions of the brand owner/authorized distributor.
• The Seller acts as an intermediary in this process; procedures are carried out by the brand owner.

7.5 Liability for Artist Collaboration Works

• In the event of production faults or non‑compliance with standards, responsibility rests with the relevant artist.
• The Seller facilitates communication between the Buyer and the artist and manages the process.

7.6 Transport‑Related Damage

• If damage is observed upon delivery, a report must be issued with the courier and submitted to the Seller with photos within 48 hours.
• Claims for transport‑related damages may be rejected if no report is issued.

7.7 Defects Arising from Buyer Misuse

• Damages arising from misuse contrary to the user manual, dropping, liquid contact, improper cleaning, or extreme temperatures are not covered as defects.

7.8 Warranty Periods

• Warranty conditions are stated in the warranty document supplied with the product.
• Products without a warranty document are subject to the statutory liability period determined by the manufacturer/importer.

8. Protection of Personal Data

8.1 Legal Basis and Principles

The Seller collects, stores, processes, and, where necessary, shares the Buyer’s personal data in accordance with the Law on the Protection of Personal Data No. 6698 (KVKK), Law No. 6563, and applicable legislation. Data are kept accurate and up‑to‑date; processed for legitimate purposes in a limited and proportionate manner; and retained for periods stipulated by law.

8.2 Categories of Personal Data Processed

• Identity information,
• Contact information,
• Order and payment information,
• Customer transaction information,
• Logistics and delivery information,
• Cookie data and online behavior information.

8.3 Purposes of Processing

• Receipt, processing, preparation, and delivery of orders,
• Payment and invoicing transactions,
• Returns, exchanges, warranty processes, and customer service,
• Warranty and verification processes with manufacturers/brand owners for Branded Products,
• Delivery and certification processes in artist collaborations,
• Fulfillment of legal obligations,
• Marketing activities with explicit consent.

8.4 Data Transfers

• Data may be shared with business partners, courier/logistics companies, payment service providers, legal advisors, and authorized public institutions.
• For international deliveries, transfers may be made to the authorities and logistics providers of the destination country for customs procedures.

8.5 Data Security

• The Seller implements appropriate technical and administrative measures to ensure the security of personal data and to prevent unauthorized access, data loss, and misuse.

8.6 Buyer’s Rights (KVKK Art. 11)

1. To learn whether personal data are processed,
2. If processed, to request information,
3. To learn the purpose of processing and whether data are used in accordance with this purpose,
4. To know the third parties to whom data are transferred,
5. To request correction if data are incomplete/incorrect,
6. To request deletion/destruction under Art. 7 of the KVKK,
7. To object to results arising to their detriment through automated processing,
8. To claim compensation in case of unlawful processing.

8.7 Application Method

The Buyer may submit requests in writing or via [email protected]. Applications are finalized within 30 days at the latest.

8.8 Information Notice and Cookie Policy

Details regarding personal data processing are provided in the KVKK Information Notice and Cookie Policy on the Seller’s website. By continuing to use the site, the Buyer is deemed to have consented to the use of cookies.

9. Force Majeure

9.1 Definition

Force majeure refers to unforeseeable events beyond the control of the parties that partially or wholly render the performance of obligations impossible, temporarily or permanently.

• Natural disasters (earthquake, flood, fire, storm, lightning, volcanic eruption, etc.)
• War, rebellion, terrorist attacks, civil disturbances
• Pandemics, epidemics, quarantine measures
• Strikes, lockouts, work slowdowns, mass walkouts
• Decisions and practices of public authorities (import/export bans, customs delays, etc.)
• Interruptions in transportation, communication, electricity, internet, and infrastructure services
• Unexpected disruptions in logistics/courier/customs processes

9.2 Impact on Delivery and Production

Force majeure may cause delays in the supply chain or production processes. The Seller’s delivery obligation is deferred until the force majeure event ceases; the new delivery date is communicated to the Buyer.

9.3 Obligations of the Parties

• The party experiencing force majeure promptly informs the other party in writing (e‑mail).
• During the force majeure period, the parties are not held liable for non‑performance.
• Once the circumstance ceases, the parties fulfill their obligations as soon as possible.

9.4 Continuation and Termination

If force majeure continues for more than 60 days, either party may terminate the Agreement by written notice. In the event of termination, any amounts corresponding to used products/services and expenses are deducted and the balance is refunded within 14 days.

9.5 International Deliveries

In international orders, customs delays, import/export restrictions, strikes in transportation, or port congestion constitute force majeure; the delivery period is suspended until such events end, and the Buyer is informed.

10. Dispute Resolution

10.1 Competent Authorities

Within monetary limits, the Consumer Arbitration Committees or Consumer Courts at the Buyer’s domicile are competent.

10.2 Governing Law

Turkish law applies in disputes. The parties first seek an amicable resolution; failing that, they resort to legal authorities.

10.3 Jurisdiction

• For Buyers acting as consumers, the Consumer Arbitration Committee/Court at the Buyer’s domicile or at the place of performance is competent.
• For sales to Buyers not acting as consumers, Istanbul Çağlayan Courts and Enforcement Offices have jurisdiction.

10.4 Disputes Concerning Branded Products

• The after‑sales service and warranty procedures of the manufacturer/brand owner or authorized distributor apply.
• The Seller facilitates communication and process management between the parties; it has no authority to alter the brand owner’s criteria.

10.5 Disputes Concerning Artist Collaboration Works

• Resolution is first sought through the Seller; if unresolved, the artist and Buyer communicate directly, and the process is monitored by the Seller.

10.6 Disputes in International Sales

• The parties first seek a written resolution.
• Unless otherwise agreed, Turkish law applies and Turkish courts have jurisdiction.

10.7 Mediation

The parties agree to conduct mediation under Law No. 6325 on Mediation in Civil Disputes. If the process fails, they may pursue litigation.

11. Effectiveness and Consent

11.1 Effective Date

• The Agreement takes effect on the date it is electronically approved by the Buyer.
• Consent is given by ticking the box “I have read, understood, and accept the Distance Sales Agreement.” during checkout.

11.2 Retention and Access

• The Seller securely stores the approved Agreement in digital form.
• Upon the Buyer’s request, a copy of the Agreement is provided digitally or in writing.

11.3 Special Consent for Branded Products / Artist Collaborations

• For these products, features, delivery times, and return/cancellation and warranty terms are separately stated prior to the order.
• The Buyer provides explicit acceptance of these special terms via a separate checkbox or digital form.

11.4 Legal Effect of Consent

• Electronic consent has the same legal validity as written consent.
• By providing consent, the Buyer is deemed to have accepted all rights and obligations set forth in the Agreement.

11.5 Amendments to the Agreement

• The Seller reserves the right to amend the Agreement in line with legislative changes or business model updates.
• The amended Agreement applies to orders placed after the date of change; previous orders remain subject to the provisions in force on their order dates.