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Complımentary Shıppıng with Orders above 1000₺
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Complımentary Shıppıng with Orders above 1000₺
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Distance Sales Agreement

This Distance Sales Agreement has been electronically signed between the Seller and the Buyer (Consumer) whose information is provided below. The Parties accept, declare, and undertake that they have read the entire Agreement, fully understood its content, and agreed to all of its provisions.


Article 1: PARTIES

SELLER:
Name: Sema Özadalı - Vivora Candles
Address: Yaşamkent Park Cd. 50/C2 14 Çankaya/Ankara
Contact: 05322081041 - [email protected]
Bank Account: Akbank Branch Code: 1250
Account No: 68038
IBAN: TR63 0004 6012 5088 8000 0680 38
Tax Office and Tax No: Doğanbey 6621061508

BUYER (CONSUMER):
Full Name/Title:
Address:
Phone:
Email:


Article 2: SUBJECT OF THE AGREEMENT
The subject of this Agreement is the sale and delivery of the product/products, the characteristics and sale price of which are specified below, ordered by the Buyer electronically through the website www.vivoracandles.com ("Site"), and the determination of the rights and obligations of the Parties in accordance with the Consumer Protection Law No. 6502 and the Distance Sales Regulation.


Article 3: PRODUCT, PRICE, PAYMENT, AND DELIVERY
The type, quantity, brand/model/color, base prices, and sale prices of the products (goods/services), payment (collection) information, and the delivery details including the delivery address provided by the Buyer are as follows:
If the cargo company delivering the product does not have a branch in the Buyer's location, the Buyer must pick it up from another nearby branch, which will be communicated by the Seller (necessary information will be provided to the Buyer via email, SMS, or phone).
The Seller will collect the following amounts from the Buyer:
Total product price excluding shipping:
Shipping Fee:
Total product price including shipping and all taxes:
Payment Method:
Installment Number:
Interest Charged:
Interest Rate Used for Installment Calculation:
Additional Expenses to Be Paid by the Buyer:


Article 4: THE BUYER’S DECLARATIONS AND COMMITMENTS
By accepting this Agreement on the SITE, the Buyer confirms that they have reviewed and understood all the general and special statements on the relevant pages of the Site before making the order and entering into the payment obligation. The Buyer declares that they are informed about the following points:

  • The Seller’s title, contact details, and up-to-date promotional information.

  • The sales process steps when purchasing the product(s) from the SITE, and the tools/methods available to correct any wrong information entered.

  • The privacy, data usage-processing rules, and permissions granted by the Buyer for electronic communication with the Seller, the Buyer’s legal rights, the Seller’s rights, and how to use the rights of both parties.

  • Shipping restrictions imposed by the Seller for the products.

  • The Seller’s accepted payment methods, product features, total price including taxes and all additional costs, and the total amount to be paid by the Buyer.

  • Delivery methods, shipping, and cargo expenses.

  • The products for which the Buyer does not have the right of withdrawal.

  • The conditions, duration, and method of exercising the Buyer’s right of withdrawal, and the loss of the right of withdrawal if not used within the prescribed period.

  • In cases where the Buyer has the right of withdrawal, if the product is used incorrectly and becomes damaged or altered due to misuse, the Seller may reject the withdrawal request or deduct the cost from the refund.

  • In case of withdrawal, how the Buyer can return the product to the Seller and all related financial matters (return methods, costs, product price refund, and discounts or deductions for used reward points, etc.).

  • If the Buyer is a legal entity, the right of withdrawal does not apply to purchases made for commercial or professional purposes (e.g., bulk purchases).

  • This Agreement is electronically sent to the Buyer after their acceptance on the SITE, and the Buyer can store it and access it for the time they request. The Seller will keep the Agreement for three years.

  • In case of disputes, the Buyer can file complaints with the Seller through the provided contact details, and make legal applications to the Consumer Arbitration Committees and Consumer Courts in accordance with the relevant provisions of the 6502 Law.


Article 5: BUYER’S RIGHT OF WITHDRAWAL
The Buyer has the right to withdraw from this Agreement within fourteen (14) days from the date of receiving the product, without providing any reason or paying any penalty. However, there are exceptions where the right of withdrawal does not apply, even if the product has not been used:
a) Products made according to the Buyer’s special requests or personalized needs,
b) Perishable goods or products with a short shelf life,
c) Products whose protective packaging, seals, or wrapping has been opened after delivery and cannot be returned for health/hygiene reasons,
d) Products that have been mixed with other products after delivery and cannot be separated,
e) Products whose protective packaging has been opened,
f) Digital services and intangible goods delivered instantly online,
g) Products whose prices depend on fluctuations in financial markets,
h) Subscriptions, magazines, or periodicals,
i) Services started with the Buyer’s consent before the end of the withdrawal period.
In cases where the right of withdrawal applies, if the product is not used according to its instructions or technical specifications, the Buyer is responsible for any damage or alteration caused. In such cases, the Seller may refuse the withdrawal request or deduct the cost of the damage or alteration from the refund.
The Buyer must inform the Seller about the withdrawal within the legal 14-day period, either by email to [email protected] or by written/verbal communication through other provided methods. If the Buyer withdraws within the prescribed time, the product must be sent to the Seller’s address within a maximum of 10 days, with the shipping cost covered by the Buyer.


Article 6: SECURITY, PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATION, AND INTELLECTUAL PROPERTY RULES
The privacy policy, information protection, and communication rules for the SITE are as follows:
6.1. The Seller has taken necessary measures to ensure the security of the information and transactions entered by the Buyer on the SITE. However, it is the Buyer’s responsibility to protect their data and prevent unauthorized access by taking necessary precautions on their device.
6.2. The Seller may collect, store, and use the Buyer’s personal and non-personal information for communication, advertising, promotions, and other commercial purposes in compliance with applicable laws. The Buyer agrees to receive such communications.
6.3. The Buyer can stop the processing and communication of their personal data by contacting the Seller at any time.
6.4. All intellectual property and ownership rights related to the SITE’s content belong to the Seller, except for third-party content.
6.5. The Seller reserves the right to make changes to these rules, and such changes will become effective once announced through the SITE or other communication channels.
6.6. Privacy and security policies of external sites linked to the SITE apply to those sites, and the Seller is not responsible for any disputes arising from these sites.


Article 7: GENERAL PROVISIONS
7.1. The product will be delivered to the Buyer or a third party at the address specified on the SITE within a maximum of 30 days, unless otherwise stated. The Seller ships products via a contracted cargo company, and delivery may be made within 3 business days. If the product is part of a campaign, the delivery may be delayed until the campaign ends.
7.2. Unless otherwise stated, delivery costs (shipping fees, etc.) are borne by the Buyer.
7.3. If the Buyer is not present at the delivery address to receive the product, the Seller will be considered to have fulfilled its obligation.
7.4. The Buyer is responsible for inspecting the product upon delivery and rejecting it if there is any visible issue, and having a report made with the cargo company. Otherwise, the Seller will not accept responsibility.
7.5. The Buyer must pay the full price before receiving the product unless otherwise specified in writing. If the payment is not made, the Seller may cancel the contract.

7.5. Unless otherwise expressly stipulated by the SELLER, the BUYER must have fully paid for the product before taking delivery. In case of cash sales, if the product price has not been fully paid to the SELLER before delivery, or in case of installment sales, if the due installment amount is not paid, the SELLER may unilaterally cancel the contract and may not deliver the product. After the product is delivered, if for any reason the bank/finance institution that issued the credit card used for the transaction does not pay the product price to the SELLER or requests a refund, the product must be returned by the BUYER to the SELLER within 3 days. If the failure to pay the product price is due to the BUYER’s fault or negligence, the shipping costs will be borne by the BUYER. The SELLER’s right to claim the product price, as well as any other contractual or legal rights, remains reserved, even if the return is not accepted. To avoid any doubt: If the BUYER has paid the sales price via credit cards, installment cards, etc., the available options and installment facilities provided by the card-issuing institution are considered as credits or installment options granted by the financial institutions, not as credit or installment sales for the SELLER. The SELLER’s legal rights regarding installment sales (including the right to terminate the contract in case of non-payment of installments and/or the right to demand full payment of the remaining debt with default interest) are reserved according to the relevant legislation. In case of default by the BUYER, the applicable default interest will be applied according to the current laws.

7.6. If due to extraordinary circumstances (such as weather conditions, heavy traffic, earthquake, flood, fire, etc.), the product cannot be delivered within the legal maximum period of 30 days, the SELLER will inform the BUYER about the delivery. In this case, the BUYER may cancel the order, order a similar product, or wait until the end of the extraordinary situation.

7.7. If the SELLER determines that the product subject to the contract cannot be supplied, they must inform the BUYER within three (3) days from the date they learn about this situation, and with the oral/written approval of the BUYER, the SELLER may supply another product/service of equal quality and price, and the contract will be considered fulfilled. The BUYER is free to approve or not, and if they do not approve, the relevant contractual and legal provisions regarding the cancellation of the order (termination of the contract) will apply.

7.8. In case of cancellations of orders, including legal withdrawal from the contract, and contract terminations, if the product price has been collected, it will be refunded to the BUYER within a maximum of 14 days. The following rule applies: The refund will be made through the payment method used by the BUYER when making the payment. For example, in the case of credit card payments, the refund will be made to the BUYER’s credit card, and the product price will be refunded to the relevant bank after the BUYER cancels the order. Since the return process to the bank may take up to three weeks, the BUYER accepts that the SELLER is not responsible for any delays in this process. The SELLER has the right to offset, discount, and deduct amounts from the refund amount based on this contract and the law, and these rights are reserved. The BUYER’s legal rights are also reserved in cases where the contract is terminated by the BUYER due to the SELLER’s failure to perform.

7.9. The BUYER can communicate their requests and complaints regarding the product and the sale to the SELLER using the contact channels mentioned in the introduction of the contract, either verbally or in writing.

7.10. Some of the issues mentioned in Article 3 may not be included in this Agreement by their nature; however, they are included in the pre-information provided by the BUYER on the WEBSITE, as well as in the relevant pages/sections of the WEBSITE concerning sales stages or general information.

7.11. The BUYER can always access and review the information and this Agreement by saving the e-mail (mail) sent to their notified e-mail address after acceptance. On the other hand, the SELLER will keep it in the systems for three years.

7.12. In case of any dispute arising from this Agreement and/or its implementation, the SELLER's records (including computer and voice recordings or any magnetic records) will serve as evidence. The parties' rights under applicable mandatory legal regulations will be valid and reserved.


Article 8: INTELLECTUAL PROPERTY
The BUYER acknowledges and declares that the design techniques, textures, patterns, designs, drawings, design elements, styles, gradients, solid color tones, and any graphic design, illustrations, drawings, designs, and works used in the designs of the products produced by the SELLER, as well as all intellectual property rights arising from the Turkish Law on Intellectual and Artistic Works (FSEK) related to the products sold on the Website, belong to the SELLER.
All intellectual and industrial property rights and ownership rights regarding any information, content, and the arrangement, revision, and partial/full use of these on the Website belong to the SELLER, unless otherwise agreed with third parties. The products and/or information, software, or services derived from the product(s) purchased by the BUYER cannot be altered, copied, distributed, reproduced, published, subjected to derivative works, transferred, or sold. The BUYER agrees not to use the purchased product for illegal purposes or in any of the prohibited ways. If not, the BUYER will be legally and criminally responsible for any consequences, and the SELLER's right to compensation and any other claims arising from the unauthorized use will remain reserved.


Article 9: BUYER’S LEGAL REMEDIES – COMPETENT JURISDICTION
In case of disputes arising from this Agreement, the Provincial and District Consumer Arbitration Committees, determined and announced annually by the Ministry of Customs and Trade, are authorized within the monetary limits set by the law. In cases exceeding these limits, Consumer Courts will be responsible.
The BUYER may apply to the Arbitration Committees and Consumer Courts in the locality of their residence (domicile) or, if they wish, in the same manner, in the SELLER's place of residence.
The BUYER confirms and declares that they have read all the terms and explanations in this Agreement and the pre-information documents forming an integral part of this Agreement, including the product’s features, sale price, payment method, delivery conditions, the SELLER’s information, and all other pre-information, and have electronically confirmed and accepted all of these conditions by placing the order.
Both the pre-information documents and this Agreement will also be sent to the BUYER's e-mail address, and the order confirmation will be included along with the order summary.