Distance Sales Agreement
1. Parties
This Distance Sales Agreement (the "Agreement") is concluded electronically between the Seller, whose details appear below, and the Buyer, under the terms and conditions set out below.
Seller
- Company: Shems Special
- Address: Balat Mah. Vodina Cad. No: 106/A, Fatih / İstanbul and Ayvansaray Mah. Leblebiciler Sk. No: 23/B, Balat, Fatih / İstanbul
- Email: info@shemsspecial.com
- Phone: +90 535 817 28 20
Buyer
The Buyer is the natural or legal person who places the order and provides their name, delivery and billing address, and contact details when placing the order. The information declared by the Buyer on the order form is taken as the basis of this Agreement.
2. Subject of the Agreement
The subject of this Agreement is to determine the rights and obligations of the parties, in accordance with Turkish Consumer Protection Law No. 6502 and the Distance Contracts Regulation, in respect of the sale and delivery of the products ordered electronically by the Buyer from the Seller's website shemsspecial.com, the characteristics and sale price of which are stated below.
3. Product and Payment Information
The type, kind, quantity, brand/model, sale price, and payment method of the products are as set out in the order summary displayed to the Buyer at the end of the order and in the order confirmation email. The prices listed are the current sale prices and are inclusive of VAT. The Seller reserves the right to update its prices; however, the amount of a confirmed order will not be changed.
4. General Provisions
- The Buyer acknowledges that they have read and understood the preliminary information regarding the essential characteristics, sale price, and payment method of the ordered product, as well as the delivery terms, and that they have given the necessary confirmation electronically.
- The products are delivered to the address specified by the Buyer at the time of the order and within the applicable delivery period.
- As the products are handmade food items, they are prepared and shipped in special vacuum packaging in order to preserve their freshness.
- If the Seller is unable to deliver the product subject to the Agreement within the specified period due to force majeure or extraordinary circumstances preventing transport, the Seller will notify the Buyer. In such cases, the Buyer has the right to cancel the order.
5. Payment
Payment is made solely by Bank Transfer / EFT. When an order is created, the IBAN details are both displayed on screen and sent to the Buyer's email address. The Buyer is required to include the order number in the bank transfer / EFT description. Orders for which payment is not received within 3 (three) business days are automatically cancelled. Preparation of the order begins once the payment reaches the Seller's account.
6. Delivery and Shipping
Once payment is confirmed, the products are prepared and shipped via the contracted courier company. For domestic deliveries within Turkey, shipping is free on orders of 1,500 ₺ and above; for orders below this amount, the shipping fee is stated during the order. For international shipments, the shipping fee is calculated separately according to the destination country and communicated to the Buyer. Delivery time may vary depending on order preparation and shipping distance.
7. Right of Withdrawal
In distance contracts for the sale of goods, the Buyer has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the goods, without giving any reason and without paying any penalty. Notice of the exercise of the right of withdrawal may be given in writing within this period, by email to info@shemsspecial.com or via WhatsApp.
Products returned under the right of withdrawal must be delivered complete and undamaged, together with their box, packaging, and any standard accessories. Where the right of withdrawal is duly exercised, the product price is refunded to the Buyer within 14 days at the latest from the date of return, using the same payment method used by the Buyer (bank transfer).
8. Cases Where the Right of Withdrawal Cannot Be Exercised
Pursuant to Article 15 of the Distance Contracts Regulation, the right of withdrawal cannot be exercised for the following products:
- Perishable food products or those liable to expire,
- Products whose packaging has been opened after delivery and whose return is not suitable for reasons of health or hygiene,
- Products prepared specially in accordance with the Buyer's request or made to order.
As our products are food items, the right of withdrawal cannot be exercised for products whose packaging has been opened, for reasons of hygiene and food safety. Rights relating to damaged, defective, or incorrectly shipped products are reserved (see the Returns & Right of Withdrawal page).
9. Default
Should the Buyer fail to fulfil their payment obligation within the specified period, the order is cancelled. The Seller reserves the right to exercise, where necessary, the rights arising under the relevant legislation.
10. Resolution of Disputes
In matters arising from this Agreement, the Consumer Arbitration Committees and Consumer Courts at the place of residence of the Buyer or the Seller have jurisdiction, up to the monetary limit announced by the Ministry of Trade. The Buyer may apply to these bodies to submit complaints and objections.
11. Entry into Force
By confirming the order electronically, the Buyer is deemed by the parties to have accepted all the terms of this Agreement. The Agreement enters into force once the order is confirmed by the Seller.
