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Buildeazer Distance Sales Agreement

ARTICLE 1. PARTIES TO THE AGREEMENT

This Agreement has been entered into between BUILDEAZER ELEKTRONİK TİCARET VE BİLİŞİM HİZMETLERİ LİMİTED ŞİRKETİ (hereinafter referred to as “Buildeazer.com”) on one side and ……………………………………………………………………… (hereinafter referred to as the “Buyer”) on the other side, in accordance with the terms set forth below. Hereafter in this Agreement, “Buildeazer.com” and the “Buyer” shall be collectively referred to as the “Parties” and individually as a “Party.”

2.1. Buildeazer.com

Corporate Name: BUILDEAZER ELEKTRONİK TİCARET VE BİLİŞİM HİZMETLERİ LİMİTED ŞİRKETİ

Address: Maslak Mahallesi, Taş Yoncası Sokak Sokak, Agaoglu Maslak1453 Site, NO:1, AE/C11 BLOCK, Door No. 106, P.K. 34398, Istanbul, Turkey

Tax Office and Number: 1881143345

Notification Email: CEO@Buildeazer.com

2.2. Buyer

The information provided by the Buyer, including name, title, address, and contact information at the time of completing the order on Buildeazer.com’s website, will be used as the basis.

  • Buildeazer.com: Refers to the online marketplace operated by Buildeazer.com, enabling users (both buyers and sellers) to sell and/or purchase products and/or services via its website. The online marketplace services are offered through Buildeazer.com’s websites and may include web and mobile-optimized versions, as well as mobile applications and other portals owned, operated, or branded by Buildeazer.com. Buildeazer.com is not the owner or seller of the products and/or services listed on its online marketplace.
  • Buyer: Refers to customers or users who place an online order or use the Buildeazer.com website to purchase products or services listed on the Buildeazer.com website.
  • Seller: Refers to a user of Buildeazer who lists and sells products or services on the Buildeazer.com website via online order.
  • Transactions: Refers to the cross-border trade of online orders conducted through Buildeazer.com under this Agreement, involving sales processes in which products are produced by the Seller and sent to the Buyer through air, land, or sea transport, either by a third party or directly by the Seller.
  • Online Transactions: Refers to the online ordering, acceptance, fulfillment, management, and completion of products and services on websites supported by Buildeazer, encompassing specific services provided by Buildeazer.
  • Online Order: Refers to the sales contract concluded between the Buyer and Seller via the online trade system of Buildeazer.com.
  • Terms of Use: Refers to the Buildeazer General Terms and Conditions issued and published by Buildeazer.com; including the Seller Agreement, Third-Party Inspection Service Rules, Buildeazer Privacy Policy, Buildeazer Dispute Rules, and Complaint Center Usage Rules, Buildeazer Community Guidelines, and any agreements and documents with third parties (e.g., transportation agreements, payment tool agreements) related to the online transactions facilitated by Buildeazer.com. These documents are deemed part of this Agreement and constitute an integral part thereof.

The subject of this Agreement is to define the rights and obligations of the Parties concerning the sale and delivery of products and/or services ordered electronically by the Buyer through Buildeazer.com’s websites. The Buyer acknowledges and declares that they have been informed by the Seller, in a clear, understandable, and internet-compatible manner, about the Seller’s name, title, address, phone number, and other contact information, the essential characteristics of the product subject to sale, its sale price including taxes, payment methods, delivery terms and expenses, as well as all prior information regarding the product subject to sale. Furthermore, the Buyer affirms understanding of the right of withdrawal, how to exercise this right, and the relevant official bodies to which complaints and objections can be addressed, confirming this information electronically before placing an order. This Agreement also includes Buildeazer.com’s rights and powers to reject or cancel the order placed by the Buyer, refund the payment to the Buyer, or release the payment to the Seller.

The Agreement shall be formed upon the Buyer completing their order electronically on Buildeazer.com’s website and Buildeazer.com confirming it electronically. The Product/Payment/Delivery Information shall consist of the details on the nature, type, quantity, brand/model, sales price, payment method, recipient, delivery address, billing information, and shipping cost for the ordered products, as specified at the time the order was completed on Buildeazer.com’s website. The information in the order form must be accurate and complete. The Buyer agrees to fully compensate any damages arising from inaccuracies or omissions in this information and accepts full liability for such situations. Buildeazer.com reserves the right to suspend the order if it deems that the information provided by the Buyer is inaccurate. If Buildeazer.com encounters issues with the order, it will attempt to contact the Buyer through the provided phone, email, and postal address. If the Buyer cannot be reached, Buildeazer.com reserves the right to suspend or cancel the order. The Buyer is expected to contact Buildeazer.com regarding the matter. If no response is received from the Buyer within this period, Buildeazer.com will cancel the order to prevent potential losses for both parties.

6.1. Buildeazer.com makes no warranty or guarantee as to the conditions, quality, durability, performance, fitness for a particular purpose, or non-infringement concerning the services provided. Apart from this Agreement and applicable legislation, Buildeazer.com has no further commitments or liabilities.

6.2. Force Majeure: The Parties shall not be held liable for any delay, disruption, or interruption in the performance or execution of the Agreement or services accessed through the websites due to forces or causes beyond reasonable control, including but not limited to internet outages, computer, telecommunications or other equipment failures, power outages, strikes, labor disputes, riots, insurrections, civil unrest, shortages of labor or materials, fires, floods, storms, explosions, natural disasters, war, governmental actions, decisions by local or foreign courts or arbitrators, non-performance by third parties, or the suspension or interruption of transportation or business operations (including delays or interruptions in resuming business or activity as ordered by any governmental agency), as well as the spread of a national or regional epidemic or pandemic.

6.3. To the extent permitted by law, Buildeazer.com shall not be liable for any direct, indirect (such as loss of profit or savings, business interruption, data loss), or consequential damages to the Buyer or third parties arising from, but not limited to, the following situations:

a) The use or inability to use the services;

b) Any defect in goods, samples, data, information, or services purchased or obtained through the websites, including those from third-party service providers;

c) Unauthorized access to any Buyer data or confidential information by a third party;

d) Statements or actions by any user of the websites;

e) Any other issue arising from the websites or the services, including negligence.

6.4. Buildeazer.com’s liability arising from this Agreement, except in cases of willful misconduct or gross negligence, shall be limited to the total amount of fees and commissions collected from the Buyer and Seller at the time of the event causing damage, provided that a claim is made within the legal timeframe.

6.5. Orders placed outside working hours, on weekends, public holidays, or during administrative leave periods for the entire or specific parts of the company, will be processed on the next business day following the payment transfer to the accounts.

7.1. The Buyer agrees and undertakes to fulfill the obligations assigned to them in this Agreement completely, except in cases of force majeure.

7.2. By placing an order, the Buyer accepts that they are deemed to have accepted the provisions of this Agreement and agrees to make payment in accordance with the payment method specified in the Agreement.

7.3. The Buyer acknowledges and declares that they have been informed clearly, understandably, and in a manner suitable for the internet, through Buildeazer.com’s website, of the Seller’s name, title, address, phone, and other contact information, the basic characteristics of the goods for sale, the sale price including taxes, the payment method, delivery conditions, expenses, and other information regarding the goods for sale, as well as the right of withdrawal, how to exercise it, and the official bodies to which complaints and objections may be addressed. The Buyer confirms having reviewed and electronically confirmed this prior information.

7.4. Buildeazer.com shall cooperate with banks or payment and electronic money institutions to collect payments for online transactions and will conclude contracts for this purpose. The Buyer agrees to act as if they are a party to the agreements made by Buildeazer.com and to be bound by them, accepting full responsibility for any losses or liabilities incurred by Buildeazer.com due to any breaches by the Buyer.

7.5. Upon placing an online order through Buildeazer.com, the Buyer shall pay the full price of the order. If the total amount is paid by credit card in full and immediately or by bank transfer, it must be transferred to Buildeazer.com’s account within 3 business days. After the payment is transferred to Buildeazer.com’s account, half of the online order amount will be sent to the Seller’s account within 5 business days to commence production. The remaining half will be held in Buildeazer’s accounts as a block until the products are delivered to the Buyer in complete and defect-free condition. Upon receiving 50% of the total order, the Seller must promptly begin the order process if in stock or proceed with production if it is a custom-made item.

7.6. Online orders placed by international (non-Turkish) Buyers shall be paid in U.S. Dollars. Buildeazer.com’s service fees will also be calculated in U.S. Dollars. If the payment must be made in Turkish Lira or if a legal obligation arises, payment may be made in TL based on the Central Bank’s exchange rate on the payment date.

7.8. In case of disputes following delivery, the Buyer shall apply to Buildeazer’s Complaint/Arbitration process as detailed in this Agreement.

7.9. Payments for orders of $5,000 or more shall be made via a letter of credit. The intermediary institution agreed upon by Buildeazer and the Buyer will transfer a specified amount of the letter of credit to the original Seller (manufacturer) on the same terms agreed upon with Buildeazer. If the terms of the letter of credit are satisfactorily met, the amount will be immediately released to Buildeazer. Since a portion of the letter of credit is transferred to the original Seller, the partial letter of credit amount will automatically be released to the original Seller if the letter of credit terms are met. The Buyer waives the right to complaint or arbitration with Buildeazer if the letter of credit terms are met and the amount is released to the Seller. All costs related to the letter of credit shall be borne by the Buyer.

7.10. The Buyer may request a quote from Sellers for products specially designed for them. Sellers producing these products will respond based on their production capacity, competitive quality, and pricing.

7.11. If the Buyer and Seller mutually agree to modify the details of a product before purchase, they may complete the transaction in accordance with the newly agreed terms through the ticket support tool. They may also sign an additional agreement for the new terms and immediately notify Buildeazer of this agreement.

8.1. The Buyer acknowledges and agrees to be bound by the Buildeazer Dispute Rules and Complaint Center Usage Rules, which are included in these terms of use, for disputes arising with the Seller regarding the execution of this Agreement.

8.2. Any disputes arising from or related to this Agreement with the Seller shall first be attempted to resolve through voluntary mediation; unresolved disputes shall be finally settled through arbitration under the Istanbul Arbitration Center Arbitration Rules. Sellers are required to attend and participate in proceedings initiated at the Istanbul Arbitration Center.

8.3. The Buyer agrees to be bound by and comply with decisions made by the Istanbul Arbitration Center. If a case is filed against Buildeazer.com at the Istanbul Arbitration Center, even though it is not a party to the transaction between the Buyer and Seller, the Seller agrees to comply with the decision and promptly pay any damages suffered by Buildeazer.com.

9.1. If the Buyer resides in the Republic of Turkey, they have the right of withdrawal under the Consumer Protection Law No. 6502. Buyers residing outside Turkey cannot benefit from the right of withdrawal.

9.2. Under Consumer Protection Law No. 6502, the Buyer has the right to return the purchased products within 14 days after receiving them from the shipping company without providing any reason.

9.3. The right of withdrawal cannot be exercised for custom-made products tailored to the customer’s specific needs.

9.4. In the case of refunds for goods and services purchased by card, the Seller cannot pay the Buyer in cash due to the contract with the bank. The refund will be processed by the payment intermediary in accordance with their refund procedures.

The information provided by the Buyer in this Agreement and for payment purposes shall not be shared by the Seller with third parties. The Seller may only disclose such information in the case of an administrative/legal obligation. The Seller may provide the requested information to the relevant authority in any judicial investigation if they possess the information. Credit card information will not be stored; it will only be used securely during the collection process with the respective banks to obtain authorization and will be deleted from the system afterward. The Buyer’s email address, postal address, and phone number shall only be used for standard product delivery and notification procedures by the Seller. Occasionally, with the Buyer’s consent, information on campaigns, new products, and promotions may be sent to the Buyer. If the user violates the site’s security or terms of use in a manner constituting a crime, the information aiding in identification and prosecution may be shared with law enforcement authorities.

By completing the order, the Buyer shall be deemed to have accepted all terms of this Agreement.