Distance Sales Contract — Review Draft
NOT PUBLISHED. This document is an initial draft for the standard natural stone products of POLAT PAZARLAMA. It must be reviewed by a legal counsel and a financial advisor, incomplete fields must be filled in, and it should be adapted according to the order flow. For every order, the product, price, delivery, and payment information must be provided to the customer via a durable medium. It is not assumed that this text is sufficient for custom-sized/personalized products and project-based sales.
1. Parties
Seller: [FULL TRADE NAME — according to tax registration/trade registry]
Brand: POLAT PAZARLAMA
MERSIS No (if applicable/mandatory): [MERSIS NUMBER]
Tax Office and Tax ID Number: [TAX OFFICE / TAX ID]
Notification and Business Address: [FULL LEGAL ADDRESS]
Phone: [PHONE FOR CONTRACTS AND COMPLAINTS]
E-mail: [E-MAIL FOR CONTRACTS AND COMPLAINTS]
Website: https://www.polatpazarlama.com
Buyer: The consumer name, billing and delivery address, e-mail, and phone information declared during the order.
The Seller and the Buyer are hereinafter referred to as the “Parties”.
2. Subject and Formation of the Contract
This contract regulates the rights and obligations of the parties regarding the sale and delivery of the goods defined below, which the buyer has ordered electronically from the POLAT PAZARLAMA online store. The contract is formed when the buyer explicitly confirms the order and the payment obligation. The buyer must be able to review and save the contract and the preliminary information before ordering, and a copy of the contract must be sent to the buyer via a durable medium after order confirmation.
Order-specific information is an integral part of this text:
| Information | Order-specific record |
|---|---|
| Order number and date | [ORDER NO / DATE] |
| Product name, model, quantity, and main characteristics | [PRODUCT / QUANTITY / PRODUCT-SPECIFIC INFO] |
| Total product price including taxes | [AMOUNT / CURRENCY] |
| Shipping/delivery and other additional costs | [AMOUNT OR CALCULATION METHOD] |
| General total to be charged | [TOTAL] |
| Payment instrument and schedule | [PAYMENT INFO] |
| Delivery address and recipient | [DELIVERY INFO] |
| Delivery time/commitment | [TIME VERIFIED BASED ON PRODUCT AND ORDER] |
3. Product, Price, and Payment
The main characteristics, material, dimensions, surface features, and, if applicable, custom production information of the product are valid to the extent shown on the product page and the order summary. Variations in color, veining, and texture of natural stone are inherent differences consistent with the nature of the product; this explanation does not waive statutory rights regarding defective goods.
The total to be paid by the buyer includes taxes and delivery and other mandatory costs notified before the order. Payment is received through the payment provider and method shown on the order screen. Payment card security and processing are subject to the terms of the relevant payment institution.
4. Delivery
The product is delivered to the address chosen by the buyer in their order. Carrier: [ACTUAL CARRIER / PRODUCT-SIZE-BASED TRANSPORT METHOD]. The delivery time and, if any, special transport/installation conditions are clearly shown on a product and address basis before order confirmation. If, due to the nature of the product, special transport, appointment, indoor delivery, or installation is required instead of standard shipping, the scope and cost are visible to the buyer before ordering.
Please inspect the packaging and the product reasonably upon delivery; note any visible damage in the carrier’s records and take photographs. This recommendation does not limit the consumer's right to file a claim regarding defective goods.
5. Right of Withdrawal
The buyer may withdraw from the contract within fourteen days without giving any reason, starting from the day the goods are received by the buyer or a third party determined by them, subject to exceptions regulated by legislation. If goods subject to a single order are delivered separately, the day the last good is received; if the product consists of multiple parts, the day the last part is received; and for products with regular delivery, the day the first good is received is taken as the start date. Delivery to the carrier is not considered delivery to the consumer. The consumer may submit a withdrawal notification even before the goods are delivered. The withdrawal notification must be submitted in writing or via a durable medium through the channel specified below before the expiration of the period; a clear statement is sufficient. A withdrawal form may be used but is not mandatory.
Withdrawal notification channel: [ACTIVE E-MAIL / WEB FORM / POSTAL ADDRESS]
Carrier designated for return: [SELLER'S ACTUAL CARRIER SERVING AT THE CONSUMER'S ADDRESS]
Return cost: The consumer will not be held responsible for costs regarding the return if the carrier specified by the seller in the preliminary information is used. If the seller has not specified a carrier in the preliminary information, no return costs may be charged to the consumer. If the specified carrier does not have a branch at the consumer's location, the seller is obliged to collect the product from the consumer without additional costs.
The buyer returns the product to the seller or an authorized person within ten days from the date the withdrawal notification is sent; this obligation to return does not apply if the seller has offered to collect the product themselves. This ten-day period is effective as of January 1, 2026. Within fourteen days from the date the withdrawal notification reaches the seller, the seller shall refund all payments collected, including, if applicable, the delivery costs of the product to the consumer. The refund is made in a single installment, using the same payment instrument the buyer used for the purchase, without imposing any cost or obligation on the consumer. Since Article 12 of the Regulation does not contain a provision allowing the seller to withhold the refund until the goods are received, no such withholding condition is provided in this draft.
The buyer may be held responsible for the decrease in value caused by using the product beyond what is necessary to understand its operation and characteristics, within the scope of the conditions of the relevant legislation. If the transportation, installation, preparation to size, or personalization of the product gives rise to an exception to the right of withdrawal, this exception and its basis must be notified separately in a product-specific manner before the order and confirmed by a lawyer. Natural stone products are not inherently considered “personalized” or exempt from the right of withdrawal.
6. Exceptions to the Right of Withdrawal
The exceptions listed in Law No. 6502 and the Regulation on Distance Contracts apply only when the conditions are met. The fact that the product has been specially prepared in accordance with the buyer's requests or personal needs is an exception that must be evaluated regarding the right of withdrawal. Before applying the exception, it must be verified by a lawyer whether the product is tangibly personalized and how this was notified during the ordering process. Statutory rights regarding defective goods are reserved.
7. Defective Goods and Statutory Rights
In the event that the product is not delivered in accordance with the contract or is defective, the buyer's alternative rights arising from Law No. 6502 and relevant legislation are reserved. The right of withdrawal and rights regarding defective goods are different legal avenues; this draft does not narrow them down under a single “return condition”. Claims can be reported via [CONTACT CHANNEL] with the order number and a description of the issue.
8. Complaints and Disputes
The buyer may submit their complaints to the seller’s contact channels mentioned above. Regarding the consumer arbitration committee and the consumer court to which the consumer may apply, the monetary limits and mandatory mediation rules in effect at the date of application are reserved. The jurisdiction and competent authority are determined according to the legislation; this contract does not override the consumer’s legal rights.
9. Effectiveness and Records
This contract is established electronically upon the order. The order summary, preliminary information, consumer’s approval records, and the contract copy are kept in accordance with the storage and proof obligations in the relevant legislation. The version of the contract applicable to the order is sent to the consumer via a durable medium.