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1.1. The subject of this Distance Sales Contract (“Contract”) is to set forth the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers, the Regulation on Distance Contracts, and all other applicable legal regulations, with respect to the sale and delivery of the Product — the qualifications and sales price of which are specified below — by the Seller to the Buyer through the Platform.
1.2. The Agreement shall be applicable if the Buyer qualifies as a consumer (“Consumer”) within the scope of Law No. 6502 on Consumer Protection. In the event that the Buyer is a natural or legal person acting for commercial or professional purposes and/or the invoice for the product subject to the Agreement is issued in the name of the Buyer acting for such purposes, the Buyer shall not be entitled to benefit from the consumer-specific provisions and rights granted under this Agreement or the applicable consumer protection laws. If the Buyer does not have the legal status of a Consumer, the provisions of Law No. 6502 on Consumer Protection and related regulations, as well as the provisions of this Agreement, shall not be applicable.
1.3. Orders placed for wholesale purposes or with the intent of retail resale shall not be deemed “consumer transactions” under applicable legislation. In order to ensure that a greater number of Consumers can benefit from the Products and related discounts, and to prevent stockpiling, the Seller reserves the right to cancel the Order and this Agreement, even if the Preliminary Information Form and/or the Distance Sales Agreement has already been approved by the Seller. In the event that the Order or the Agreement is canceled for such reason, and if the purchase price has already been collected by the Seller, the amount shall be refunded to the Buyer in accordance with the provisions of this Agreement.
1.4. Pursuant to the Law and the Regulation, the following sales are not subject to this Agreement.
Platform: Refers to The Marmara’s website with the domain https://www.themarmarachocolate.com, where products and services are offered.
Buyer: Refers to the natural person who purchases goods and/or services from the Platform for purposes not related to commercial or professional activities.
Seller: Refers to İstanbul Turizm ve Otelcilik A.Ş., which offers goods and/or services to consumers for commercial or professional purposes.
Ministry: Refers to the Ministry of Trade of the Republic of Turkey.
Law: Refers to Law No. 6502 on the Protection of Consumers.
Regulation: Refers to the Regulation on Distance Contracts.
Service: Refers to the subject of any consumer transaction other than the supply of goods, which is performed or undertaken to be performed in exchange for a fee or benefit.
Goods: Refers to tangible movable items that are the subject of shopping.
Preliminary Information Form: Refers to the information provided by the Seller or service provider to the Buyer prior to the conclusion of the distance contract or prior to acceptance of any offer, including at minimum the elements listed under Article 5 of the Regulation.
Electronic Commerce Service Provider: Refers to İstanbul Turizm ve Otelcilik A.Ş., which, in its own electronic commerce environment, enters into contracts or receives orders for the supply of goods or services.
Title: İSTANBUL TURİZM VE OTELCİLİK A.Ş.
Address: Osmanlı Sokak No: 9, Taksim – Beyoğlu – İstanbul
Telephone: +90 212 334 83 84
E-mail: info@themarmarahotels.com
Tax No: 4810040881
MERSIS No: 0481004088100016
Registered E-mail (KEP) Address:
istanbulturizmveotelcilikas@hs01.kep.tr
BUYER
Name – Surname:
Address:
E-mail:
City:
Postal Code:
Country:
Phone:
The Buyer and the Seller shall each be referred to individually as a “Party” and collectively as the “Parties” under this Agreement.
Details such as the type, quantity, brand/model, color, number of units, sales price including all applicable taxes, payment method, and invoice information of the Products/Services are as follows:
Product Description:
Number of Products:
Sales Price:
VAT (%):
Subtotal:
Gift Voucher / Discount Amount:
Shipping Fee:
Total Including VAT:
Delivery Method:
Total Discount Amount:
Discounted Total Order Amount:
Payment Method and Plan:
Order Date:
Estimated Delivery Date and Time:
Delivery Address:
Recipient Name:
Invoice Information:
Name – Surname:
Invoice Address:
5.1. The Seller accepts, declares, and undertakes to deliver the Product/Service in full, in accordance with the specifications stated in the order, and—if applicable—together with the warranty documents, user manuals, and any other information or documentation that must be delivered with the Product/Service under the applicable legislation.
5.2. The Buyer irrevocably accepts and declares that, prior to the conclusion of this Agreement, he/she has read and acknowledged the Preliminary Information Form available on the Platform—containing all the minimum elements required under the applicable legislation regarding the essential characteristics of the Products/Services, sales price, payment method, delivery, and right of withdrawal—that he/she has electronically accepted and approved the said Preliminary Information Form, and subsequently completed the electronic purchase of the Product/Service.
5.3. The Buyer shall inspect the Product/Service prior to accepting delivery. The Buyer shall not accept any Product that is visibly defective or damaged, and which could be identified through ordinary inspection, from the Seller’s authorized delivery personnel. If the Buyer fails to carry out such inspection and accepts delivery, he/she shall be deemed to have received the Product/Service in good condition and without visible damage.
5.4. The Seller may impose quantity limitations on the purchase of Products/Services offered for sale on the Platform. If it is determined that the Buyer places an order in a manner that circumvents such quantity limitations, the order may be partially and/or entirely canceled by the Seller. In the event that this situation is detected after the order is placed, all payments collected—including delivery charges related to the canceled order(s)—shall be refunded to the Buyer within the statutory period.
5.5. If the Buyer selects the corporate invoice option when placing an order, the Seller shall issue a corporate invoice using the tax identification number and tax office information provided by the Buyer through the Platform. The Buyer shall be solely responsible for entering accurate, current, and complete information required for the invoice, and shall personally bear all liability for any damages arising from incorrect or incomplete information.
5.6. The Parties agree that a Product/Service of equal quality and price may be provided to the Buyer, provided that the following conditions are met by the Seller:
5.7. In the event that the supply of the Product/Service subject to the order becomes impossible, the Seller shall notify the Buyer within 3 (three) days from the date of becoming aware of the situation and shall refund all payments received from the Buyer, including any delivery charges, within 14 (fourteen) days.
5.8. If the relevant bank or financial institution fails to transfer the payment for the Product/Service to the Seller after the delivery of the Product due to the unauthorized, unfair, or unlawful use of the Buyer's credit card by third parties, the Buyer shall return the Product to the Seller within 3 (three) business days, provided that it has already been delivered.
5.9. For the Product/Service to be delivered, the Buyer must electronically confirm the Contract and complete payment. If, for any reason, the Product/Service price is not paid or is canceled in the bank records, the Seller shall have no obligation to deliver the Product/Service.
5.10. If the Seller is unable to deliver the Product(s)/Service(s) subject to this Agreement on time due to force majeure, adverse weather conditions, disruption of transportation, or other extraordinary circumstances that prevent delivery, the Seller shall notify the Buyer of such situation. In this case, the Buyer may choose to: (i) cancel the Order, (ii) request replacement of the Product(s)/Service(s) with an equivalent, if available, and/or (iii) defer delivery until the force majeure or impeding circumstance has ceased.
If the Buyer cancels the Order, the total amount paid shall be refunded in cash and in full within 14 days. In the case of payments made by credit card, the Product/Service amount shall be refunded to the relevant bank within 3 business days following the cancellation by the Buyer. The Buyer acknowledges and agrees that the time required for the refunded amount to be reflected in the Buyer's account after the Seller has returned it to the bank is subject to the internal procedures of the bank, and that the Seller cannot be held responsible for possible delays or intervene in the process.
5.11. The bank may offer promotional campaigns, such as applying a greater number of installments than the number selected by the Buyer or offering deferred installment options. Such campaigns are at the sole discretion of the bank. If there is any promotional collaboration between the bank and the Seller, relevant information will be provided on the Platform.
5.12. The Buyer acknowledges that, as a consumer, they may submit any requests or complaints to the Seller using the contact information provided above.
7.1. The Buyer may not exercise the right of withdrawal in contracts regarding the delivery of perishable goods or goods with a potential expiry date—such as food products (e.g., chocolate, Turkish delight). Furthermore, the right of withdrawal cannot be exercised in the circumstances specified in Article 7.7 below. For all other eligible Products, the Buyer may return the Product/Service within 14 (fourteen) days from the delivery date, without giving any reason and without incurring any legal or penal liability. The Buyer may exercise the right of withdrawal either by (i) canceling the order or (ii) requesting a return. If the order has not yet been handed over to the courier, the Buyer may cancel the order via the Platform or by contacting customer service. If the order has already been delivered, the Buyer may return the Product at the door or initiate a return process through customer service by obtaining a return code.
7.2. The Buyer shall inspect the Product/Service before accepting delivery. The Buyer shall not accept Products/Services that are visibly defective—such as dented, broken, spoiled, or packaging torn or opened—which can be identified through ordinary inspection. If the Buyer fails to inspect and accepts the Product/Service, it shall be deemed that the Product/Service was received in good condition and free from defects.
7.3. The Buyer must notify the Seller of the intention to exercise the right of withdrawal within 14 (fourteen) days following receipt of the Product by using the Seller’s postal address, telephone number, e-mail address, or other available methods provided on the Platform. The Buyer may use the withdrawal form annexed to the Agreement or submit an explicit declaration of the decision to withdraw.
7.4. Within 14 (fourteen) days from the date of notifying the Seller, the Buyer must return the Product to the Seller or its authorized representative in complete and undamaged condition, along with the original invoice, packaging, box, standard accessories, and any promotional items sent with the Product. If the Buyer fails to use the Product in accordance with its operation and usage instructions during the withdrawal period, the Buyer shall be liable for any diminished value or damage resulting from misuse.
7.5. The Seller shall, within 14 (fourteen) days from receipt of the withdrawal notice, and provided the Product is returned as described above, refund all payments received from the Buyer via the same payment method used at the time of purchase, without imposing any charges or obligations on the Buyer.
7.6. If the Buyer returns the Product/Service using the Seller’s designated courier company as stated in the Preliminary Information Form, the cost of return shipping shall be borne by the Seller. If the Seller’s designated courier service is not available at the Buyer’s location, the Buyer may return the Product via any courier service, in which case the Seller shall still be responsible for the return shipping costs and for any damage occurring during shipment.
7.7. In accordance with the Regulation on Distance Contracts, the Buyer may not exercise the right of withdrawal in the following contracts:
7.8. All returns by the Buyer must be made in the original packaging and box, without damage to the Product’s packaging.
The Seller shall process the personal data obtained under this Agreement solely for the purpose of providing the Product/Service, and in compliance with the Law on the Protection of Personal Data No. 6698 (“KVKK”), relevant secondary legislation, and the decisions of the Personal Data Protection Board.
The Buyer represents, declares, and undertakes that the personal data provided under this Agreement is accurate, complete, and up to date.
All intellectual and industrial property rights and ownership rights over any and all information and content available on the Platform, as well as the organization, editing, and full or partial use thereof, belong exclusively to The Marmara.
10.1. Unless otherwise required by applicable legislation, all communications between the Parties under this Agreement shall be conducted either through the Platform or verbally via the Seller's call center.
10.2. The Buyer accepts, declares, and undertakes that, in the event of any dispute arising from this Agreement, the Seller's commercial books, computer records, and other documents shall constitute binding, conclusive, and exclusive evidence within the meaning of Article 193 of the Turkish Code of Civil Procedure, and that this provision constitutes an evidentiary contract.
For the resolution of any disputes arising from this Agreement, the Consumer Arbitration Committees and Consumer Courts located at the residence of either the Buyer or the Seller, within the monetary limits set by the Ministry, shall have jurisdiction. For disputes not considered as consumer transactions, the Courts and Enforcement Offices of Istanbul (Çağlayan) shall have exclusive jurisdiction, and Turkish law shall apply.
10.2. The Buyer accepts, declares, and undertakes that, in the event of any dispute arising from this Agreement, the Seller's commercial books, computer records, and other documents shall constitute binding, conclusive, and exclusive evidence within the meaning of Article 193 of the Turkish Code of Civil Procedure, and that this provision constitutes an evidentiary contract.
For the resolution of any disputes arising from this Agreement, the Consumer Arbitration Committees and Consumer Courts located at the residence of either the Buyer or the Seller, within the monetary limits set by the Ministry, shall have jurisdiction. For disputes not considered as consumer transactions, the Courts and Enforcement Offices of Istanbul (Çağlayan) shall have exclusive jurisdiction, and Turkish law shall apply.
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