Article 1 – Parties

1.1- Seller:
Company Name: Owlish Studio Sürdürülebilir Tekstil Sanayi ve Ticaret LTD. ŞTİ.
Corporate Registry (MERSIS) Number: 0648177165900001
Tax Office: Zincirlikuyu
Tax Number: 6481771659
Address: Emniyet Evleri Mah. Yeniçeri Sk. Gökay Yapı Busidence No: 42 A, Kağıthane, İstanbul, Türkiye
E-mail Address: [email protected]

1.2- Buyer:
Full Name/Title:
Address:
Phone:
E-mail Address:


Article 2- Subject

The subject of this agreement is to determine the rights and obligations of the Parties in accordance with the provisions of the Consumer Protection Law No. 4077 and the Regulation on the Principles and Procedures of Distance Contracts, regarding the sale and delivery of the product, the qualities and sales price of which are specified below, ordered electronically by the Buyer from the website of the Seller, Owlish Studio Sustainable Textile Industry and Trade Co. Ltd. ("Owlish Studio Sürdürülebilir Tekstil Sanayi ve Ticaret LTD. ŞTİ." in Turkish).


Article 3 – Product Subject to the Agreement

 

The model, type, color, quantity, any applicable discount amount, and the sales price of the products are as specified above.

Payment Method:
Invoice Address:
Delivery Address:
Shipping Company:
Total Amount:


Article 4 – General Provisions

4.1- The Buyer hereby declares that they have read and been informed of the basic characteristics of the product subject to this agreement, its sales price, payment method, and delivery details as specified on the website of Owlish Studio Sürdürülebilir Tekstil Sanayi ve Ticaret LTD. ŞTİ., and that they have given the necessary confirmation electronically. The delivery of the product subject to this agreement is conditional upon the online acceptance of this agreement.

4.2- The product subject to this agreement shall be delivered to the person or entity at the delivery address specified by the Buyer, within the legal maximum period of 30 days, depending on the distance of the delivery location. Delivery will be carried out by one of the shipping companies mentioned above. The invoice for the product will be prepared in an electronically generated and stored e-Archive format and sent to the Buyer's e-mail address within 3 days. Invoices prepared in the e-Archive format may be used as legal documents before all official authorities and institutions within the Republic of Türkiye.

4.3- If the product subject to the agreement is to be delivered to a person/entity other than the Buyer, the Seller cannot be held responsible if the designated person/entity refuses to accept the delivery.

4.4- For sales made for delivery outside the borders of the Republic of Türkiye, all import procedures and any taxes or duties arising from such procedures are the sole responsibility of the Buyer. If the Buyer fails to carry out the relevant procedures or payments on time, and as a result, the product is returned to the Seller by the shipping company, all costs incurred by the Seller will be charged back to the Buyer. In such cases, the Seller will initiate the return process in accordance with the Right of Withdrawal provisions outlined below. Any expenses borne by the Seller will be deducted from the refund amount and reflected accordingly to the Buyer.

4.5- The Seller is responsible for ensuring that the product subject to the agreement is delivered intact, complete, and in accordance with the specifications stated in the order. However, the Buyer is expected to inspect the product before accepting delivery. In the event the packaging is crushed, broken, torn, or otherwise damaged, the Buyer must request a damage report from the shipping company. If the shipping company is unable or unwilling to issue a damage report, the Buyer must refuse delivery of the shipment. In either case, the Buyer must promptly inform the Seller using one of the contact channels mentioned above. Once the product is accepted by the Buyer, it is considered to have been received in full and undamanged.

4.6- The delivery of the product under this agreement is conditional upon full payment to the Seller. If, for any reason, the product price is not paid or is canceled in the bank records, the Seller shall be deemed released from the obligation to deliver the product.

4.7- In the event that, following the delivery of the contractual product to the Buyer or to the person/institution designated by the Buyer, the relevant bank or financial institution fails to pay the product price to the Seller due to the unauthorized and unlawful use of the Buyer's credit card by third parties, the Buyer is obliged to return the product to the Seller within 3 days, in full and undamaged. In such cases, shipping costs shall be borne by the Buyer.

4.8- In case the Seller is unable to deliver the product within the specified period due to force majeure events, such as adverse weather conditions, interruption of transportation, or similar unforeseen circumstances, the Seller is obliged to notify the Buyer in writing within 3 days after becoming aware of the situation. In this case, the Buyer may choose one of the following options: Cancellation of the order, replacement of the product with a similar one if available, or postponement of the delivery until the force majeure event is resolved. If the Buyer cancels the order, the amount paid will be refunded within 7 days via the same payment method used. The delay in transferring the refunded amount to the Buyer’s account may occur due to the bank or financial institution, and such delays are beyond the control of the Seller.

4.9- If the Buyer realizes that a product other than the one purchased has been mistakenly delivered to them or to the person/institution at the specified address, they shall immediately notify the Seller via one of the communication channels mentioned above. In such case, the Seller may request the return of the product, with shipping costs covered by the Seller. In the case that the Seller requests a return, the Buyer shall return the product to the Seller using the Seller's contracted shipping companies. Once the product is received by the Seller in full and undamaged, the correct product subject to the agreement will be sent to the Buyer.


Article 5 – Right of Withdrawal

5.1- The Buyer has the right to withdraw from the agreement within 14 days following the delivery of the product to themselves or to the person/institution designated by them. To exercise the right of withdrawal, the Buyer must notify the Seller using one of the communication channels listed above within this period. If the Buyer is a registered member of www.owlishstudio.com website, they may also submit the withdrawal request via the "Return Requests" page under the "My Account" section. Within 10 days of notifying the Seller of the withdrawal, the Buyer must send the product back to the Seller via a courier. Upon receiving the returned product in full and undamaged condition, the Seller is obligated to promptly refund the calculated return amount to the Buyer. The refund will be processed using the same payment method used by the Buyer, or, if preferred, as a gift voucher. In the case of refunds made via a bank or financial institution, a delay in the transfer of the refund amount to the Buyer's account may occur. Such delays are caused by the financial institution and are beyond the Seller’s control.

5.2- In order for the Buyer to exercise the right of withdrawal, the product must not have been used, and no dry or wet cleaning must have been performed on it or its packaging. The returned product must be accompanied by its box, packaging, accessories, and any other items that were sent as a gift with the product, all of which must be returned in full and undamaged. Before handing the product over to the shipping company, the Buyer must ensure it is packaged in a way that prevents damage during transport. If the product's value decreases or it becomes impossible to return due to a fault attributable to the Buyer, the Buyer is obligated to compensate the Seller for the loss in proportion to the fault.

5.3.1- For sales made for delivery within the borders of the Republic of Türkiye, the costs arising from the exercise of the right of withdrawal shall be borne by the Seller. The Buyer must return the product via the shipping companies contracted by the Seller. If the Buyer uses a different shipping company despite the presence of a contracted shipping company branch in their location, the shipping cost will be covered by the Buyer. If there is no branch of the contracted shipping companies in the Buyer’s location, the Buyer may return the product using a shipping company of their choice, with the shipping cost covered by the Seller. In such cases, the return shipping cost to be covered by the Seller may not exceed twenty percent of the product's sales price.
5.3.2- For sales made for delivery outside the borders of the Republic of Türkiye;
    5.3.2.1- In cases where the right of withdrawal is exercised due to the product being delivered damaged or defective by the Seller, the return shipping costs shall be borne by the Seller. In such cases, the Buyer must provide visual evidence such as photos or videos proving that the product was delivered damaged or defective, along with the receipt or invoice for the return shipping cost, via one of the communication channels mentioned above. In return, the Seller will add the related shipping cost to the refund amount to be paid to the Buyer. In any case, the return shipping cost covered by the Seller shall not exceed fifty percent of the product's sale price.
    5.3.2.2- If the product was not delivered to the Buyer in a damaged or defective condition, the return shipping costs arising from the exercise of the right of withdrawal shall be borne by the Buyer. Additionally, the shipping costs initially paid by the Seller for the delivery of the product to the Buyer will also be charged to the Buyer.
    5.3.2.3- For any reason whatsoever, taxes or duties paid by the Buyer as part of the import process are not included in the refund amount.
    5.3.2.4- The return of the product subject to the agreement due to the exercise of the right of withdrawal is the responsibility of the Buyer. The Seller cannot be held liable for the loss of the product, delivery to the wrong address, delayed delivery, or damage caused by the Buyer or shipping company chosen by them.

5.4- In the event the right of withdrawal is exercised, the Seller may request a copy of the shipment receipt from the Buyer as proof that the product has been handed over to the shipping company for return.

5.5- If the Buyer is an organization, a return invoice issued by the organization must be sent to the Seller.

5.6- If the Buyer has benefited from a campaign due to exceeding a certain purchase amount at the time of purchase, such as discounts, discount coupons, gifts, or similar advantages, these benefits may be canceled by the Seller due to the exercise of the right of withdrawal, and the corresponding amounts may be deducted from the refund.


Article 6 – Jurisdiction and Dispute Resolution

For the enforcement of this agreement, the Courts or Consumer Arbitration Committees of the Republic of Türkiye shall have jurisdiction.


By placing an order, the Buyer is deemed to have accepted all the terms and conditions of this agreement.


SELLER




BUYER




Date and Time: