Article 1 – Parties
1.1. Seller: SOGA Mimarlık Ltd. Şti
Address: Atatürk Mah. Ertuğrul Gazi Sok. Metropol İstanbul A Blok No: 331, Ataşehir / İstanbul
E-mail: store[at]sogaspaces.com
Telephone: +90 533 699 76 42
Tax office: Kozyatağı
Tax number: 7721315900
MERSIS No: 0772131590000001
1.2. BuyerName – Surname/Company name
National ID no.:
E-mail:Telephone:Address:
Article 2 – Subject
The subject of this contract is the determination of the rights and obligations of the parties, in accordance with the Turkish Commercial Code, the Turkish Code of Obligations, Law no. 6502 on Consumer Protection, the Regulation on Distance Contracts and other relevant legislation, with regard to the sale and delivery of the product whose characteristics and sale price are stated below, for which the BUYER has placed an order electronically through the SELLER’s website www.sogaspaces.com (or the address of the relevant SOGA SPACES sales platform). The Buyer accepts and declares, under the provisions of this contract, that the Seller has informed the Buyer clearly, comprehensibly and in a manner appropriate to the internet environment of the Seller’s name, title, full address, telephone and other contact details, the essential characteristics of the goods for sale, the sale price including taxes, the payment method, the delivery conditions and costs and all other preliminary information relating to the goods for sale, as well as the exercise of the right of “withdrawal” and how that right is to be used and the official authorities to which complaints and objections may be submitted; that the Buyer has confirmed this preliminary information electronically; and that the Buyer has placed the order thereafter. This English text is a courtesy translation; the Turkish version is the legally binding one.
Article 3 – Contractual Product / Payment / Delivery Information
The information provided under this contract must be accurate and complete. If, during the electronic ordering and order confirmation process, it is established that the information provided by the Buyer is inaccurate or incomplete, the Buyer is responsible for any damage that may arise. Where it deems it necessary, the Seller reserves the right to halt the order if it independently establishes that the information given by the Buyer is incorrect. Accordingly, if the Seller identifies a problem with an order placed electronically and cannot reach the Buyer through the stated communication channels (telephone, e-mail, etc.) to resolve it, the Seller may postpone or suspend the entry into force of the order for a period of 14 (fourteen) days. If no response is received from the Buyer within that period, the order in question may be cancelled so that the Buyer suffers no loss.
Article 4 – Contract Date and Force Majeure
The contract date is the date on which the order is placed by the Buyer. Circumstances that do not exist or are not foreseeable on the date the contract is approved, that develop outside the control of the parties and whose occurrence makes it impossible for one or both parties to fulfil, in whole or in part, or to fulfil on time, the debts and responsibilities they have undertaken under the contract, shall be deemed force majeure (natural disaster, war, terrorism, uprising, changes in legislation, seizure or strike, lockout, significant breakdown in production and communication facilities, epidemics, etc.). The party affected by the force majeure shall notify the other party of the situation immediately and in writing. The parties shall incur no liability for failure to perform their obligations while the force majeure continues. If the force majeure situation continues for 30 (thirty) days, each party shall acquire the right to terminate the contract unilaterally.
Article 5 – Rights and Obligations of the Seller (SOGA SPACES)
5.1. The Seller accepts and undertakes to fulfil in full, except in cases of force majeure, the obligations imposed on it under the contract in accordance with Law no. 6502 on Consumer Protection and the Regulation on Distance Contracts.5.2. Persons who are not of legal age (18 years old) and of sound judgement may not shop through www.sogaspaces.com (or the relevant SOGA SPACES sales platform).5.3. The Seller is not responsible for disruptions arising from system errors. Accordingly, the Seller is not responsible for presentation or price errors that may arise from the system or design of the website, or from unlawful interference with the website. The Buyer may not claim any right against the Seller on the basis of system errors.5.4. Shopping through the Seller’s e-commerce system may be carried out by credit card, bank transfer or EFT. For payments made by bank transfer or EFT, the order becomes final once the payment has reached the bank account stated by the Seller; for payments made by credit card, the payment must have been approved by the Buyer’s bank and not cancelled.5.5. For orders to be paid by bank transfer/EFT, sending the payment receipt or the necessary details to the Seller (for example by payment notification form or e-mail) helps to speed up the process. The Seller cannot be held responsible for delays arising from the Buyer’s failure to make the necessary notification despite having made the payment, or from incomplete or incorrect information.5.6. There may be small visual differences (due to colour tone, texture, etc.) between the product images shown on the website and the product delivered. The technical specifications, dimensions and colour information stated on the product detail page prevail.5.7. Orders placed outside the working hours of the Seller’s staff (for example weekdays 09:00-18:00) or on public holidays are processed on the first working day following the crediting of payments to the accounts.5.8. Although the stated product stocks are updated in real time, they may vary for technical reasons or because of simultaneous orders. The final number of items that may be purchased is determined by the situation at the moment the order is definitively confirmed by the system.5.9. The Seller reserves the right to change, suspend or cancel, without prior notice, all campaigns, discounts and promotions offered through the website.
Article 6 – Rights and Obligations of the Buyer
6.1. By placing an order through the e-commerce site, the Buyer accepts and undertakes that the Buyer has read, understood and accepted the provisions of this contract; that the Buyer will enter all information requested during the order accurately and completely; and that the Buyer will fully perform the obligations relating to payment and delivery.6.2. The Buyer accepts and declares that the Buyer has been informed clearly, comprehensibly and in a manner appropriate to the internet environment, on the website www.sogaspaces.com (or the relevant SOGA SPACES sales platform), of the Seller’s title, address, e-mail address, telephone and other contact details, the essential characteristics of the goods for sale, the sale price including taxes, the payment method, the delivery conditions and costs, the right of withdrawal and how it is to be exercised, and the official authorities to which complaints and objections may be submitted, and that the Buyer has confirmed this preliminary information electronically.6.3. Should the Buyer wish to return a product received, the Buyer accepts and undertakes, within the withdrawal period, not to damage the product and its original packaging (if any), not to have used the product other than in its ordinary use, not to have removed or damaged its labels or protective tapes (if any), not to have exchanged the product for another product, and to deliver to the Seller the original invoice (or e-invoice) and, where applicable, the delivery note at the time of return.6.4. A product that the Buyer wishes to return on the ground that it is defective may be subjected to technical examination after it reaches the Seller. If the examination establishes that the product is defective and that it is suitable for return, the Buyer is contacted and, in line with the Buyer’s request, one of the options of product exchange, repair or refund is carried out.6.5. As a rule, products are not dispatched before the order confirmation and the crediting of payment to the Seller’s accounts have been verified.6.6. The time at which orders are processed is not the moment the order is placed, but the moment at which the necessary collection is made from the credit card account or at which it is established that the bank transfer/EFT amount has reached the Seller’s accounts. Exceptionally, if for a justified reason (for example stock depletion or a supply problem) it becomes clear that the goods forming the subject of the contract cannot be supplied, the Buyer is informed immediately, clearly and comprehensibly. If the Buyer consents, an equivalent product of equal quality and price may be sent, or, at the Buyer’s choice, a new product may be sent, the product may be awaited to come back into stock, or the order may be cancelled and the amount paid refunded. Where performance of the obligation to deliver the goods forming the subject of the contract becomes impossible, the Buyer is informed of the situation and the total amount paid, together with any document placing the Buyer under obligation, is refunded within 14 (fourteen) days at the latest.
Article 7 – Dispatch / Delivery Procedure
Dispatch: The dispatch process is initiated by the Seller once the order confirmation has been sent to the Buyer by e-mail and payment has been verified.Delivery: The product(s) will be sent to the delivery address specified by the Buyer during the order, through the courier or transport company with which the Seller has an agreement. The delivery period is legally a maximum of 30 (thirty) days from the order confirmation. However, the Seller may extend this period by a further maximum of 10 (ten) days by giving the Buyer prior written notice. If the product is to be delivered to a person/organisation other than the Buyer, the Buyer is responsible for any additional costs and delays that may arise from that person’s/organisation’s refusal to accept delivery, absence from the address, or an error in the address details. When taking delivery of the shipment, the Buyer should check the parcel and must refuse damaged or opened parcels and have the courier draw up a report. If the courier is of the opinion that the parcel is not damaged, the Buyer has the right to have the parcel opened on the spot to verify that the products have been delivered undamaged and to request that the situation again be recorded in a report. If the parcel is accepted by the Buyer without a damage report, the product is deemed to have been delivered undamaged and complete.Delivery of the product is made within the undertaken period provided that the product is in the Seller’s stock and payment has been made. If for any reason the product price is not paid by the Buyer or the payment made is cancelled in the bank records, the Seller is deemed released from the obligation to deliver the product.
Article 8 – Product Returns and Exercise of the Right of Withdrawal
9.1. When the Buyer places an order electronically and confirms it, the Buyer is deemed to have accepted the preliminary information form made available for review on the website and this distance sales contract. It is recommended that the Buyer review the relevant documents carefully before confirming the order.9.2. In sales made electronically, Law no. 6502 on Consumer Protection, the Regulation on Distance Contracts and other relevant legislation in force apply to all processes (order, payment, delivery, return, etc.).9.3. Products ordered electronically are delivered within the statutory period of 30 days to the Buyer or to the person/organisation at the address specified by the Buyer. If the product(s) are not delivered within this period, the Buyer has the right to terminate the contract. Unless otherwise stated, the delivery costs of the ordered products (shipping fee, etc.) are borne by the Buyer. If the product is subject to warranty conditions, the warranty certificate may be delivered with the product or electronically. If the price of the ordered product is not paid, or the payment is subsequently cancelled, the Seller’s obligation to deliver ceases. If, after the product has been delivered, the credit card used for payment is used unlawfully by unauthorised persons, or the payment is returned to the Seller by the bank for another reason, the Buyer is obliged to return the product(s) to the Seller in the condition received, with all parts and packaging, within 3 (three) days at the latest. In such a case the return costs belong to the Buyer.9.4. If delivery of the ordered products becomes impossible for reasons such as stock depletion, the Seller notifies the Buyer in writing or on a durable medium within 3 (three) days from the date it learns of the situation and refunds the total amount paid by the Buyer within 14 (fourteen) days at the latest.9.5. If the product cannot be delivered within the statutory period because of force majeure or extraordinary circumstances preventing delivery (adverse weather, interruption of transport, etc.), the Seller notifies the Buyer of the situation. In such a case the Buyer may request cancellation of the order, replacement of the contractual product with an equivalent if available, or postponement of delivery until the impediment is removed. If the Buyer cancels the order, the amount paid is refunded within 14 (fourteen) days by the method used for payment. Where payment was made by credit card, the appearance of the refund in the Buyer’s account depends on bank processes, and the Seller cannot be held responsible for any delays in that process.9.6. The Buyer is obliged to inspect the product on delivery. The Buyer should not accept a shipment whose packaging is torn, crushed, opened or visibly damaged, and should return the parcel after having the courier draw up a report. If the right of withdrawal is to be exercised after the product has been accepted, the product must not have been used at all and must be returned to the Seller together with its original invoice (or e-invoice). Returns without an invoice may not be accepted.9.7. The Buyer has the right to withdraw from the contract within 14 (fourteen) days from the date of receipt of the product, without giving any reason and without paying any penalty. To exercise the right of withdrawal it is sufficient to give clear written notice within that 14-day period, for example by registered mail with return receipt to the Seller’s address at Atatürk Mah. Ertuğrul Gazi Sok. Metropol İstanbul A Blok No: 331, Ataşehir / İstanbul, or by e-mail to store[at]sogaspaces.com. The product must also be returned to the Seller together with the notice of withdrawal. If the invoice for the returned product is a corporate invoice, the return must be sent together with the return invoice issued by that company. Otherwise the return process may not be completed.9.8. A product to be returned under the right of withdrawal must be delivered complete and undamaged, together with its box, packaging, any standard accessories and gift items.9.9. The Seller is obliged to refund the price of the goods and any delivery costs to the Buyer by the method of payment used, within 14 (fourteen) days at the latest from the date the Buyer’s notice of withdrawal reaches it, provided that the product is returned to the Seller. Where the right of withdrawal is exercised, the cost of returning the product to the Seller belongs to the Buyer unless otherwise stated by the Seller, in accordance with the Regulation on Distance Contracts.9.10. If the Buyer places an order benefiting from a campaign based on a certain purchase amount or quantity (for example “free shipping over X TL”, “buy 3 pay 2”) and subsequently exercises the right of withdrawal to return part of the order, and the remaining order amount no longer satisfies the campaign condition, the campaign discount or advantage used is cancelled and the refund amount is calculated accordingly.9.11. The right of withdrawal cannot be exercised in the following cases:a) Goods or services whose price varies depending on fluctuations in financial markets and which are not under the seller’s control.b) Products prepared in line with the Buyer’s requests or clearly personal needs (for example furniture manufactured in custom dimensions or colours, bespoke designs).c) Goods that are perishable or liable to expire.d) Among goods whose protective elements such as packaging, tape, seal or wrapping have been opened after delivery, those whose return is not suitable in terms of health and hygiene (for example underwear, earrings, cosmetics).e) Goods that become mixed with other products after delivery and that by their nature cannot be separated.f) Books, digital content and computer consumables supplied in physical form, where the packaging has been opened by the Buyer after delivery.g) Periodicals such as newspapers and magazines, other than those supplied under a subscription contract.h) Services relating to accommodation, transport of goods, car rental, the supply of food and beverages, and the use of leisure time for entertainment or relaxation purposes, which are to be performed on a specific date or period.i) Services performed instantly in the electronic environment, or intangible goods delivered instantly to the consumer (for example gift cards, game codes).j) Services whose performance has begun with the consumer’s consent before the withdrawal period expires.
Article 9 – Liability for Defective Products and Warranty
Goods that are contrary to the quality, or to the quantity affecting the quality, stated on the packaging, label, presentation or user manual or on the website, or notified by the Seller, or established in their standard or technical regulation, or that contain material, legal or economic deficiencies that reduce or eliminate their value or the benefits the consumer reasonably expects from them in terms of their allocation or purpose of use, are deemed defective goods.Provided the goods have not been used other than in the manner set out in the user manual, defects that emerge within 6 (six) months from the date of delivery are deemed to have existed at the date of delivery. In such a case the burden of proving that the goods are not defective lies with the Seller. The Buyer may exercise the Buyer’s statutory rights from the date of delivery of the goods. If a defect emerges, the Buyer may exercise one of the following optional rights:a) withdrawal from the contract by declaring readiness to return the item sold,b) retaining the item sold and requesting a reduction in the sale price in proportion to the defect,c) requesting free repair of the item sold, with all costs borne by the seller, provided this does not require excessive expense,d) if possible, requesting replacement of the item sold with a defect-free equivalent.The Seller is obliged to fulfil the request chosen by the Buyer. The rights to free repair or to replacement of the goods with a defect-free equivalent may also be exercised against the producer or importer.Unless those held liable for the defect under this article have assumed liability for a longer period, liability for defective goods is subject to a two-year limitation period from the date of delivery of the goods to the Buyer, even if the defect emerges later.Apart from the provisions on liability for damage caused by defective goods, the above provisions do not apply to goods purchased in the knowledge that they are defective.It is compulsory for the manufacturer or the Seller to place on defective goods offered for sale, or on their packaging, a label bearing the words “defective” in a manner the consumer can easily read.Warranty provisions (where applicable): The warranty conditions of the products offered by the Seller are stated in the warranty certificate supplied with the product, on the product page or on the order form. The warranty period begins on the date the goods are delivered to the Buyer and is legally at least two years. For faults covered by the warranty, the procedures set out in the warranty certificate apply. Faults arising from the Buyer’s use of the goods contrary to the matters set out in the user manual fall outside the scope of the warranty.
Article 10 – Confidentiality
The information stated by the Buyer in this contract and the information notified to the Seller for the purpose of making payment will be processed and stored by the Seller in accordance with Law no. 6698 on the Protection of Personal Data (KVKK) and the relevant legislation. This information will not be shared with third parties other than for the performance of the contract, the conduct of order processes, the fulfilment of legal obligations and, where the Buyer has given explicit consent, marketing/information activities. The Seller may share this information with the relevant institutions or persons only in cases of legal obligation (for example a court decision or an administrative request) or where it is necessary for the performance of the contract (for example sharing the address with the courier company). Credit card details are transmitted during the payment transaction directly to the relevant bank or payment institution through the secure payment infrastructure and are not stored by the Seller. Information such as the Buyer’s e-mail address, postal address and telephone number is used by the Seller for standard product delivery and information procedures (order confirmation, shipment tracking, etc.). Where the Buyer has given prior consent, commercial electronic messages such as campaign information, information about new products and promotional announcements may be sent. The Buyer has the right to refuse such messages at any time. Detailed information on the protection of personal data can be found in the “Personal Data Protection Policy” and the “Privacy Notice” on the Seller’s website.
Article 11 – Website Security
www.sogaspaces.com (or the relevant SOGA SPACES sales platform) uses industry-standard security measures and secure encryption protocols (such as SSL) in order to ensure the security of Buyer information. These protocols ensure that data communication between the Buyer’s computer and the site servers is encrypted and protected. It is recommended that the Buyer use a secure internet browser and maintain the security of the Buyer’s own device.
Article 12 – Access to the Site and Protection of Account Details
In order to shop through www.sogaspaces.com (or the relevant SOGA SPACES sales platform), the Buyer may need to create a user account. The username and password are determined by the Buyer and are personal. The accuracy, currency and confidentiality of this information are entirely the Buyer’s responsibility. If unauthorised use of the account details is suspected, the Buyer must notify the Seller immediately at store[at]sogaspaces.com or on +90 533 699 76 42.
Article 13 – Resolution of Disputes and Competent Authority
Law no. 6502 on Consumer Protection and the relevant legislation apply to disputes that may arise from the performance of this contract. The Buyer may submit applications concerning complaints and objections to the Consumer Arbitration Committee at the Buyer’s place of residence or at the place where the consumer transaction was carried out, within the monetary limits determined each year by the Ministry of Trade of the Republic of Türkiye. For disputes exceeding those limits, the Consumer Courts are competent. In places where there is no Consumer Court, the Civil Courts of First Instance have jurisdiction.
ARTICLE 14 – Evidential Agreement:The Buyer accepts, declares and undertakes that, in the resolution of any dispute that may arise between the parties out of this Contract, the Seller’s commercial books, records and documents, together with records in digital form such as computer and server records and e-mail correspondence, shall constitute conclusive evidence pursuant to Article 193 of the Code of Civil Procedure no. 6100.
ARTICLE 15 – ENTRY INTO FORCE:This contract, consisting of 15 articles, has been read by the Parties and was concluded and entered into force on the date it was approved electronically by the Buyer. The Buyer accepts, declares and undertakes that the Seller has informed the Buyer clearly, comprehensibly and in a manner appropriate to the internet environment of the Seller’s name, title, full address, telephone and other contact details, the essential characteristics of the product/service forming the subject of the contract, the sale price including taxes, the payment method, the delivery conditions, the right of withdrawal and its exercise, the complaint and objection mechanisms and all rights and obligations arising from the contract; that the Buyer has confirmed this preliminary information electronically; that the Buyer placed the order accepting the terms of the contract; and that the Buyer has no objection.
Seller:SOGA Mimarlık Ltd. Şti.
Buyer:(Name Surname/Company name)