DISTANCE SALES CONTRACT

This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the product/services ("Product/Products") that the BUYER (Consumer), including transactions made through the mobile application on their mobile device, intends to purchase by placing an order on the maestroitaly.com electronic commerce website ("WEBSITE") owned by the SELLER. After the BUYER approves this Agreement on the WEBSITE, the price and expenses of the Product(s) ordered will be collected through the payment method chosen by the BUYER.

1: PARTIES

SELLER:

ANDAÇ SANAYİ VE GÜMÜŞÇÜLÜK TİCARET LTD. ŞTİ. (Mersis No: 0069039062100017)

Address : 

Molla Fenari, Kürkçüler Pazarı St. Şevki Bey Han No: 9/301 Fatih/İstanbul

Phone : 

+90 533 674 46 70

Email : 

info@maestroitaly.com

Bank Account : 

TR 8000 0100 0606 6295 1771 5007 (ZİRAAT BANKASI)

2: SUBJECT OF THE CONTRACT, PRICE, PAYMENT AND SHIPPING
The type, quantity, unit price(s), and total sales price of the Product(s), including payment (collection) information and delivery details provided by the Buyer, are specified below. If the courier company does not have a branch in the Buyer's location, the Buyer must collect the Product(s) from another nearby branch to be notified by the Seller (The Buyer will be informed via email, mail, SMS, or phone). Other matters related to delivery are specified in Article 7 of the Contract below.

3: INFORMATIONS PROVIDED TO THE BUYER IN ADVANCE

The BUYER acknowledges and accepts that, by accepting this Agreement on the WEBSITE, the BUYER has been informed by reviewing and examining all the general and specific explanations on the relevant pages-sections of the WEBSITE, prior to the establishment of this Agreement by the acceptance of the BUYER on the WEBSITE, and before placing an order or assuming payment obligations, of the following matters:  The trade name and contact information of the SELLER, as well as the current identifying information, The stages of the sales process during the purchase of the Product(s) from the WEBSITE and the tools/methods for correcting incorrectly entered information, The applicable privacy, data usage/processing, and electronic communication rules for BUYER information by the SELLER, the permissions granted by the BUYER to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER, and the usage procedures for the rights of the parties, Shipment restrictions stipulated by the SELLER for the Products, Payment methods/tools accepted by the SELLER for the Products subject to this Agreement, the basic characteristics/qualities of the Products, the total price including taxes (including relevant expenses) that the BUYER will pay to the SELLER, Information on the procedures for the delivery of the Products to the BUYER, as well as shipping-delivery-cargo expenses, Other payment/collection and delivery information related to the Products, the commitments and responsibilities of the parties regarding the performance of this Agreement, Products for which the BUYER does not have the right of withdrawal and other goods/services, Conditions, period, and procedure for exercising the right of withdrawal by the BUYER in cases where the right of withdrawal is applicable, and the loss of the right of withdrawal by the BUYER in case the right is not used within the specified period, In case of a defect or change in Products with the right of withdrawal, the BUYER's withdrawal request may not be accepted if the Product is used in a manner not compliant with the usage instructions, normal operation, or technical specifications, and the SELLER may deduct an amount deemed appropriate by the SELLER for the defect or change from the refund to be made to the BUYER, How the Products can be returned to the SELLER in case the right of withdrawal is applicable, and all financial matters related to the return (including return methods, expenses, refund of the Product price, and possible discounts and offsets for reward points earned/used by the BUYER during the return process), If the BUYER is a legal entity, the fact that the BUYER cannot use "consumer rights" for Products purchased for commercial or professional purposes (for example, bulk purchases are always considered as having this quality), All other sales conditions and this Agreement contained in this Agreement according to their nature, and that this Agreement is sent to the BUYER by email after it is approved by the BUYER on the WEBSITE and can be stored and accessed from here for the requested period, and that the SELLER can also keep it for three years.

4: RIGHT OF WITHDRAWAL
The BUYER has the right of withdrawal from this Agreement without any reason and without paying any penalty within fourteen (14) days starting from the date of delivery of the Product.  However, according to the law, the right of withdrawal does not apply to the following goods/services, even if they are unused/not utilized:  a) Goods that are prepared according to the BUYER's special requests or personal needs (including those that are made specifically for the BUYER by making changes or additions, including Products imported/supplied upon the BUYER's order from domestic or foreign sources) b) Goods that are mixed with other goods after delivery and cannot be separated due to their nature c) Products with opened protective elements such as packaging, tapes, seals, and all kinds of digital content products and non-material goods delivered instantly to the consumer in electronic media d) Goods or services whose prices are subject to fluctuations in financial markets and not under the control of the seller/provider, e) Periodical publications such as newspapers and magazines, except those provided under a subscription agreement, f) Services that have started to be performed with the consent of the BUYER within the right of withdrawal period, and g) Other goods/services that are accepted outside the scope of distance sales according to the relevant legislation and purchased by the BUYER for commercial/professional purposes.  If the right of withdrawal is exercised, the BUYER is legally responsible for any changes or damages that may occur due to the non-compliant use of the Product in accordance with its operation, technical specifications, and usage instructions until the withdrawal date. Accordingly, if there is any change or damage due to the non-compliant use of the Product in accordance with its usage instructions, technical specifications, and operation during the period until the withdrawal date, the BUYER may lose the right of withdrawal; in cases accepted by the SELLER, a deduction will be made from the refundable Product price up to the amount of change/damage.  In cases where the BUYER exercises the right of withdrawal, it is sufficient for the BUYER to send a clear notification to the SELLER within the legal 14-day period. If the right is used within the specified period, the Product must be sent to the SELLER's address within a maximum of ten (10) days, at the expense of the BUYER. If a courier company is specified for product returns on the WEBSITE, the BUYER can send the Product from a branch within or outside the District where the BUYER is located, and no expenses will be charged from the BUYER in this case.  In this return process, the Product must be delivered complete and undamaged, together with its box, packaging, and standard accessories. In addition, in accordance with the tax legislation, the section related to the return on the invoice to be issued by the BUYER, as well as the address where the Product will be returned, will be completed and signed. Order returns made on behalf of legal entities (corporate customers) without issuing a return invoice will not be accepted).

5:SPECIAL TERMS FOR CASES WHERE THE BUYER EARNS REWARD POINTS AND/OR MAKES PAYMENTS TO THE SELLER USING REWARD POINTS WHILE PURCHASING THE CONTRACT SUBJECT PRODUCT.

5.1. In case of the existence of a current agreement/contract between the BUYER and the SELLER and an organization that awards reward points, etc., and allows discounts, etc. to the SELLER for purchases made on the SELLER's WEBSITE, if the BUYER has earned such reward points as a result of the purchase subject to this Agreement, and wishes to cancel or terminate this Agreement and receive a refund for the purchase, the amount (monetary value) of the reward points, gifts, and similar earned by the BUYER in connection with the purchase subject to this Agreement shall be refunded by the BUYER.

Namely, this refund process, unless a different method is stipulated in the agreement between the SELLER and the relevant organization, shall be made by deducting (offsetting) from other available reward points of the BUYER at the said organization/system (excluding the reward points earned through the purchase subject to this Agreement) first, if available, and if not, from the amount to be refunded by the SELLER to the BUYER in cash. 5.2. If the BUYER has made payment to the SELLER partially/entirely with reward points, etc. for the purchase of the Product subject to this Agreement, and if it is envisaged that the purchase price of the Product will be refunded to the BUYER in accordance with the relevant provisions of this Agreement, the reward points and similar used by the BUYER at the time of purchasing the Product from the SELLER's WEBSITE may be refunded to the BUYER (in points) unless the SELLER has a different agreement with the relevant organization. 5.3. In cases where any unfair acquisition or use of reward points by the BUYER is detected in any way, as a general rule, the monetary value/amount of such reward points may be collected by the SELLER from the BUYER (via credit card, cash, and other legal methods). This provision also applies to the price of goods given as gifts to the BUYER by the SELLER as a result of the implementation of such a system. 5.4. The acquisition and use of reward points and similar transactions are subject to the terms of the agreements/contracts between the relevant organization and the BUYER and the SELLER, and in such cases, the SELLER may exercise all specified rights and authorities on behalf of and/or on account of the BUYER and the organization concerned, and/or on behalf of and/or on account of other businesses in the same system. 5.5. Cash requests in exchange for reward points earned from or used at the SELLER, gift vouchers, etc. are not accepted under any circumstances. 5.6. The SELLER does not accept any liability for disputes between the BUYER and the aforementioned organizations or for any material, legal, financial, or non-financial consequences thereof; the above provisions are valid and reserved. 5.7. The above provisions shall be applied mutatis mutandis in case of direct acquisition and use of reward points by the Consumer from the SELLER.

6: RULES REGARDING SECURITY, PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS,AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS ON THE WEBSITE

The following privacy rules and terms are applicable to the protection, privacy, processing, use, and communications of information entered by the BUYER on the WEBSITE:  6.1. Necessary measures have been taken by the SELLER in the system infrastructure to ensure the security of the information and transactions entered by the BUYER on the WEBSITE, in accordance with the current technical possibilities depending on the nature of the information and transaction. However, it is the responsibility of the BUYER to take necessary precautions to protect such information and prevent unauthorized access from their devices, including but not limited to viruses and other harmful applications. 6.2. The information obtained during the BUYER's membership and purchases on the WEBSITE may be recorded indefinitely or for a period determined by the SELLER, by the SELLER, its current and future subsidiaries, affiliates, partners, successors and/or third parties/organizations designated by them, for the purpose of providing various products/services and for all kinds of information, advertising-promotion, promotion, sales, marketing, store card, credit card, and membership applications, as well as electronic and other commercial-social communications to be made by them and their successors. These data may also be updated, shared, transferred, used, and processed in other ways as necessary. In addition, these data may be submitted to the relevant authorities and courts in cases required by law. The BUYER has consented and given permission for the use, sharing, processing, and communication of their personal and non-personal existing and new information within the scope mentioned above, in compliance with the legislation on the protection of personal data and e-commerce legislation. 6.3. The BUYER can always stop data processing and/or communications by contacting the SELLER through the communication channels specified. Upon the explicit notification of the BUYER in this regard, personal data processing and/or communications are stopped within the legally maximum period; additionally, if requested, the information except for those that must be legally preserved and/or those that are possible, are deleted from the data recording system or anonymized in a way that their identity cannot be known. The BUYER can also apply to the SELLER through the above-mentioned communication channels at any time to request processes related to the processing of personal data, transfer of data to third parties, correction of incomplete or inaccurate information, notification of corrected information to relevant third parties, deletion or destruction of data, objection to the emergence of an adverse result due to automatic systems' analysis, and compensation for damages suffered due to the processing of data in violation of the law. Such applications and requests regarding these matters will be fulfilled within the legally maximum periods or may be rejected by explaining the legal reasons to the BUYER.

7: GENERAL PROVISIONS

Article 7 - GENERAL PROVISIONS  7.1. The Product subject to the contract shall be delivered to the BUYER or the third party/organization at the address indicated on the WEBSITE, within the legal period of 30 days, provided that it does not exceed. The SELLER sends and delivers the product/products and shipments through a contracted cargo company. If the cargo company does not have a branch in the location of the BUYER, the BUYER must pick up the Product from another nearby branch of the cargo company, as notified by the SELLER. Products that are in stock will be delivered to the cargo within a maximum of three (3) business days from the date of the order. However, if there are promotional Products in the same order, the end of the campaign will be waited for, and then all Products subject to the order will be delivered to the address and person indicated by the CONSUMER during the order process, within a maximum of 3 (three) business days, through the cargo company. Cargo companies deliver the shipments they receive from the SELLER to the BUYERS within an average of 3 (three) business days, depending on the distance, under normal conditions. 7.2. Unless otherwise explicitly stated and subject to the terms and conditions announced by the SELLER at the time of sale and on the WEBSITE, delivery costs (such as shipping fees, etc.) shall be borne by the SELLER. The SELLER may reflect all or part of these delivery costs to the BUYER, depending on the terms and conditions it declares on the WEBSITE. 7.3. If the BUYER is not present at the address at the time of delivery of the Products and if the persons at the address refuse to accept the delivery, the SELLER shall be deemed to have fulfilled its obligation in this regard. If there is no one to receive the delivery at the address, it is the responsibility of the BUYER to contact the cargo company and track the shipment. If the Product is to be delivered to a person/organization other than the BUYER, the SELLER shall not be held responsible for the absence of the person/organization at the delivery address or for their refusal to accept the delivery. In such cases, any damages arising from the BUYER's delayed receipt of the Product, and the expenses incurred due to the Product being kept at the cargo company and/or returned to the SELLER shall be borne by the BUYER. 7.4. The BUYER is responsible for checking the Product upon receipt and refusing to accept the Product and making a report to the cargo company official if there is a problem with the Product due to the cargo. Otherwise, the SELLER will not accept any responsibility. 7.5. Unless otherwise expressly provided in writing by the SELLER, the BUYER must have fully paid the price of the Product before receiving it. In cash sales, if the Product price is not fully paid to the SELLER, or if the due installment amount in installment sales is not paid, the SELLER may unilaterally cancel the contract and may not deliver the Product. If, after the delivery of the Product, for any reason, the Bank/financial institution to which the credit card used for the transaction belongs fails to pay the Product price to the SELLER or requests a refund of the paid amount, the Product shall be returned to the SELLER by the BUYER within a maximum of 3 days. The failure to pay the Product price shall be considered as a defect or negligence of the BUYER, and the BUYER shall be liable for any damages and losses incurred by the SELLER due to this failure.

8: BUYER'S LEGAL RECOURSE OPTIONS- AUTHORIZED JUDICIAL AUTHORITIES
In case of disputes arising from this Agreement, the Consumer Arbitration Boards in the provinces and districts within the monetary limits determined and announced annually by the Ministry of Customs and Trade are competent and authorized, in cases exceeding these limits, Consumer Courts are competent. The BUYER may apply to the Arbitration Boards and Consumer Courts at their place of residence or at the place of residence of the SELLER, if desired, within this framework.  The BUYER declares and acknowledges that they have read all the conditions and explanations written in this Agreement and the pre-information about the order-contract (on the WEBSITE), including the basic features and qualities of the Product/Products subject to sale, sale price, payment method, delivery conditions, and all other pre-information-disclosures about the SELLER and the Product subject to sale, as well as the right of withdrawal, personal information, electronic communication, and reward points conditions stated in Article 3 of this Agreement, and that they have seen all of them in electronic form on the WEBSITE and accepted this Agreement by confirming-approving-accepting-permission in electronic form by placing an order for the Product.  Both the aforementioned pre-information and this Agreement are also sent to the email (mail) address notified by the BUYER to the SELLER, and the confirmation of the order received is also included in the order summary in the said email.