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Distance Sales Agreement

1. PARTIES

1.1. Seller:

Company name: Balz E-Ticaret Reklam Tekstil Sanayi Ve Ticaret Ltd. Şti. (also referred to as "giftasmile" throughout this agreement)

Address: Ünalan Mahallesi Besim Çeçener Caddesi No: 3/A Üsküdar / İstanbul, Türkiye

Telephone: [Phone Number] (Call centre)

Email address: info@giftasmile.co

1.2. Buyer:

Name / Surname / Company name: The name given during checkout

Address: The address given during checkout

Telephone: The phone number given during checkout

Email: The email address given during checkout

2. SUBJECT MATTER

The subject of this Distance Sales Agreement is the determination of the rights and obligations of the parties, in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, in relation to the sale and delivery of the products (gift plush toys, custom-made products, toys, textiles and similar) ordered electronically by the CONSUMER through the website www.giftasmile.co belonging to Balz E-Ticaret Reklam Tekstil Sanayi Ve Ticaret Ltd. Şti. (giftasmile), the characteristics and sale price of which are set out below. By entering into this agreement, the parties acknowledge, declare and undertake that they understand their obligations and responsibilities arising from the Law and the Regulation.

3. INFORMATION ON THE PRODUCT, PAYMENT AND DELIVERY

3.1. Name, quantity, VAT-inclusive sale price, method of payment and essential characteristics of the goods or services:

Name, essential characteristics, quantity and VAT-inclusive sale price of the products covered by this agreement:

The items listed in the order summary

Total sale price (VAT included): The amount shown in the order summary

3.2. General provisions

3.3. Method of payment: The payment method selected at checkout

The section above states the number of instalments in which the order total will be charged by your bank.

Your bank may run campaigns and apply a greater number of instalments than the one you selected, or offer services such as instalment deferral. Such campaigns are at your bank's discretion and, where we are aware of them, information about them is provided on our pages.

Starting from your credit card's statement date, the order total will be divided by the number of instalments and reflected on your credit card statement by your bank. The bank may not distribute the instalment amounts equally across months due to rounding differences. The preparation of your detailed payment plan is at your bank's discretion.

3.4. Furthermore, since deferred-payment sales are made only with credit cards issued by banks, the BUYER acknowledges, declares and undertakes that they will separately confirm the applicable interest rates and default interest information with their bank, and that, pursuant to the legislation in force, the provisions concerning interest and default interest will apply within the scope of the credit card agreement between the bank and the BUYER.

3.5. Refund procedure:

3.5.1. Refunds to credit cards

Where the purchase was made by credit card in instalments, the bank refunds the CONSUMER in the same number of instalments in which the CONSUMER made the purchase. After the SELLER has paid the full price of the product to the bank in a single payment, in the event of a refund to the CONSUMER's credit card for an instalment purchase made through the bank's POS terminals, the requested refund amounts are transferred by the bank to the cardholder's account in instalments, so that none of the parties involved is disadvantaged. If the refund date and the card's statement date do not coincide, one refund will be reflected on the card each month, and the CONSUMER will receive the instalments already paid before the refund for as many further months after the sale's instalments have ended as the number of instalments paid before the refund, and these will be deducted from their outstanding balance.

In the event of the return of goods or services purchased by card, the SELLER cannot make a cash payment to the CONSUMER, pursuant to the agreement it has concluded with the bank. Where a refund is at issue, the SELLER will process the refund through the relevant software; since the SELLER is obliged to pay the relevant amount to the bank in cash or by set-off, no cash payment can be made to the CONSUMER under the procedure described above. The refund to the credit card will be made by the bank in accordance with the above procedure after the SELLER has paid the amount to the bank in a single payment. The CONSUMER acknowledges and undertakes that they have read and accepted this procedure.

3.5.2. Refund procedure for bank transfer / EFT payments

The refund will be made by bank transfer or EFT to the account specified by the CONSUMER, after the CONSUMER's bank account details have been requested (the account must be in the name of the person on the invoice address or in the name of the registered user). The SELLER repays the full price of the product to the bank in a single payment.

In the event of the return of goods or services purchased by bank transfer / EFT, the SELLER cannot make a cash payment to the CONSUMER, pursuant to the agreement it has concluded with the bank. Where a refund is at issue, the SELLER will process the refund through the relevant software; since the SELLER is obliged to pay the relevant amount to the bank in cash or by set-off, no cash payment can be made to the CONSUMER under the procedure described above. The CONSUMER acknowledges and undertakes that they have read and accepted this procedure.

3.6. Method and address of delivery:

Delivery address: The delivery address given at checkout

Person to whom delivery will be made: The person named on the delivery address

Invoice address: The billing address given at checkout

Packaging, shipping and delivery costs are borne by the BUYER. The shipping charge is Calculated at checkout and shown in the order summary; the shipping price is added to the order total and is not included in the price of the product. Delivery will be made by hand at the BUYER's address stated above, through the contracted courier company. Even if the BUYER is not present at their address at the time of delivery, our company shall be deemed to have fully and completely performed its obligation. For this reason, the SELLER is not liable for any losses or expenses arising from the BUYER receiving the product late and/or not receiving it at all. The SELLER is responsible for delivering the product covered by this agreement in sound condition, complete, in conformity with the characteristics specified in the order, and together with any warranty certificates and user manuals.

4. RIGHT OF WITHDRAWAL

The consumer (BUYER) has the right to withdraw from the agreement within 14 (fourteen) days without giving any reason and without paying any penalty. The withdrawal period begins, for contracts relating to the performance of services, on the day the contract is concluded; and for contracts relating to the delivery of goods, on the day the consumer or a third party designated by the consumer takes delivery of the goods. However, the consumer may also exercise the right of withdrawal during the period between the conclusion of the contract and the delivery of the goods. In determining the withdrawal period:

  • for goods that form the subject of a single order but are delivered separately, the day on which the consumer or a third party designated by the consumer takes delivery of the last item;
  • for goods consisting of more than one part, the day on which the consumer or a third party designated by the consumer takes delivery of the last part;
  • for contracts under which goods are delivered regularly over a specified period, the day on which the consumer or a third party designated by the consumer takes delivery of the first item, shall be taken as the basis.

The consumer may communicate their notice of withdrawal, before the withdrawal period expires, through the contact channels available at www.giftasmile.co or by email.

The consumer may not exercise the right of withdrawal in the following contracts:

  • Contracts relating to goods or services whose price varies depending on fluctuations in financial markets and which are not within the control of the SELLER or the supplier.
  • Contracts relating to goods prepared in line with the consumer's requests or personal needs, personalised or custom-made (personalised gift plush toys, custom-designed textile and manufactured products).
  • Contracts relating to the delivery of goods that are perishable or liable to expire.
  • Contracts relating to the delivery of goods whose protective elements such as packaging, tape, seal or wrapping have been opened after delivery, and whose return is not suitable in terms of health and hygiene.
  • Contracts relating to the delivery of goods which, after delivery, become mixed with other products and cannot by their nature be separated.
  • Contracts relating to books, digital content and computer consumables supplied in a physical medium, where their protective elements such as packaging, tape, seal or wrapping have been opened after delivery of the goods.
  • Contracts relating to the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement.
  • Contracts relating to accommodation, the transport of goods, car rental, the supply of food and beverages, and the use of leisure time for entertainment or recreation purposes, which are to be performed on a specific date or in a specific period.
  • Contracts relating to services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer.
  • Contracts relating to services the performance of which has begun with the consumer's approval before the withdrawal period expires.

5. GENERAL PROVISIONS

5.1. The consumer declares that they have read and been informed of the preliminary information relating to the product covered by the agreement on the website www.giftasmile.co, and that they have given the necessary confirmation electronically.

5.2. The product will be delivered within 30 days at the latest from the date of the agreement. All responsibility rests with the seller until the moment the product is delivered.

5.3. If the product covered by the agreement is to be delivered to a person or organisation other than the consumer, the seller cannot be held liable if that person or organisation refuses to accept the delivery.

5.4. The seller is responsible for delivering the product covered by the agreement in sound condition, complete, in conformity with the characteristics specified in the order, and together with any warranty certificates and user manuals.

5.5. In order for the product covered by the agreement to be delivered, the price under this agreement must have been paid using the payment method chosen by the consumer. If, for any reason, the price of the product is not paid or is cancelled in the bank records, the seller shall be deemed released from its obligation to deliver the product.

5.6. If, after delivery of the product, the consumer's credit card is used unlawfully or without authorisation by unauthorised persons through no fault of the seller, and the relevant bank or financial institution consequently does not pay the price of the product to the seller, the product must be returned to the seller, provided that it has been delivered to the consumer.

5.7. Where products sold with or without a warranty certificate are defective (faulty, broken, etc.), or break down or malfunction within the scope and conditions of the warranty, such products may be sent to the seller so that the necessary repair can be carried out by an authorised service. Should such a situation arise, shipping costs will be borne by the seller.

5.8. Pursuant to the general communiqués of the Tax Procedure Law, in order for return transactions to be carried out, the relevant sections of the invoice containing the return section that we have sent to you must be completed in full, signed, and returned to us together with the product.

5.9. The obligation to check and establish whether there is any transport-related damage to the product and its box during delivery lies with the consumer; if the product is incomplete or damaged, or its packaging is impaired, a report must be drawn up by the courier officer and the order must not be accepted. Where the product is not accepted, if the consumer notifies the seller, the seller will fulfil its obligation and promptly send a new product; the seller is not liable for damage where a product with a damaged box or transport-related damage has been accepted.

5.10. If it becomes apparent that the goods sold are defective, the CONSUMER may, pursuant to Law No. 6502 on the Protection of Consumers, exercise one of the following optional rights:

  • withdraw from the contract by declaring readiness to return the goods sold;
  • retain the goods sold and request a reduction in the sale price in proportion to the defect;
  • request that the goods sold be repaired free of charge, at the seller's expense, provided that this does not require excessive cost;
  • request that the goods sold be replaced with a defect-free equivalent, if possible.

The seller is obliged to fulfil the request chosen by the consumer. The necessary notification to the consumer that the rights to free repair or replacement of the goods with a defect-free equivalent may also be exercised against the producer or importer has been made by the conclusion of this agreement, and by law the seller, producer and importer are jointly and severally liable for the fulfilment of these rights; all costs arising from the exercise of the optional rights are also borne by the seller.

6. DISPUTES AND COMPETENT COURT

In disputes arising from this agreement, the District/Provincial Consumer Arbitration Committees or the Consumer Court at the consumer's place of residence or at the place where the consumer transaction was carried out have jurisdiction.

Within the monetary limits laid down by the legislation in force, consumers may submit their applications to the Consumer Arbitration Committee or the Consumer Court at their place of residence or at the place where the consumer transaction was carried out.

Where the order is placed, the CONSUMER shall be deemed to have accepted all the terms of this agreement.

SELLER: Balz E-Ticaret Reklam Tekstil Sanayi Ve Ticaret Ltd. Şti. (giftasmile)

CONSUMER: The name given during checkout

DATE: 16.09.2026