TERMS AND CONDITIONS
DISTANCE SALES AGREEMENT
1. PARTIES
This Distance Sales Agreement ("Agreement") is entered into between Matador Deri ve Ayakkabı Malzemeleri Limited Şirketi, having its registered address at İkitelli Organized Industrial Zone, Aymakoop Industrial Site, Yeni Ticaret Merkezi No:14, Başakşehir/İstanbul, Türkiye (hereinafter referred to as the "Company"), and %AD%, residing at %ADRES% (hereinafter referred to as the "Buyer"), under the following terms and conditions.
2. SUBJECT OF THE AGREEMENT
This Distance Sales Agreement ("Agreement") has been prepared in accordance with the Law on the Protection of Consumers and the Regulation on Distance Contracts.
The parties hereby acknowledge and declare that they are aware of and understand their respective rights, obligations, and responsibilities arising from the Law on the Protection of Consumers and the Regulation on Distance Contracts under this Agreement.
The subject of this Agreement is the determination of the rights and obligations of the parties, in accordance with the Law on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of the product(s) whose characteristics are specified in this Agreement, ordered electronically by the Buyer through https://www.ceciaofficial.com/ and/or any other domain names associated with the services provided (the "Website"), for the purchase of products offered by the Company.
3. CONTRACT PRICE AND PAYMENT
The price payable for the Products subject to this Agreement shall be the amount specified on the relevant page of the Website at https://www.ceciaofficial.com/.
Payment for the Products subject to this Agreement shall be made through the payment page to which the Buyer is directed during the checkout process.
Although the Company makes every reasonable effort to ensure that all prices displayed on the Website are accurate, pricing errors may occasionally occur. If an error is discovered in the price of the product(s) ordered by the Buyer, the Company shall notify the Buyer as soon as reasonably possible and offer the Buyer the option to either confirm the order at the correct price or cancel the order.
If the Company is unable to contact the Buyer, the order shall be deemed canceled, and any amount paid for the relevant product(s) shall be refunded to the Buyer.
Where a pricing error is obvious and unmistakable, and it is reasonably apparent that the price displayed on the Website is incorrect, the Company shall not be obliged to complete the sale of the product(s) to the Buyer at the incorrect (normally lower than intended) price.
The Website accepts payments made through Iyzico using Visa, MasterCard, American Express, and Maestro cards, as well as bank transfers. These payment methods may be changed by Iyzico and/or the Company at its discretion.
The prices displayed on the Website include Value Added Tax (VAT) and all applicable taxes but do not include shipping or delivery charges.
The Buyer undertakes to pay the full purchase price of the ordered product(s), together with any applicable shipping costs, unless otherwise agreed, in full and without deduction to the Company's account.
The Buyer shall make payment using the payment methods available on the Website, including credit cards and debit cards.
Unless otherwise stated, the Buyer shall also pay the shipping and/or transportation fee specified during the purchase process to the Company.
An invoice shall be issued by the Company and delivered to the Buyer no later than the delivery of the purchased product(s). The Company reserves the right to issue invoices in accordance with the applicable e-Invoice (e-Fatura) and e-Archive (e-Arşiv) legislation or any other legally permitted invoicing methods.
Pursuant to the applicable legislation, all sales transactions made through the Website are subject to Value Added Tax (VAT), except for any applicable exemptions that may require the Buyer's approval.
4. PRODUCT AVAILABILITY, DELIVERY OF THE GOODS, AND METHOD OF DELIVERY
All orders are subject to product availability. The Company offers a pre-order option for certain products. The estimated shipping dates for pre-order products are provided for informational purposes only and are not guaranteed.
Pre-order products may be subject to delays or cancellations due to circumstances arising during the production process. In such cases, the customer will be informed accordingly.
In the event of supply shortages or if a product is no longer in stock, the Company reserves the right to inform the Buyer about substitute products of similar or different category and value that may be ordered instead. If the Buyer does not wish to purchase the substitute product(s), the Company shall refund the amount paid for the unwanted substitute product.
This Agreement shall enter into force upon its approval by the Buyer and shall be deemed performed upon delivery of the Products purchased by the Buyer from the Company. The Products shall be delivered to the address specified by the Buyer in the order form and in this Agreement.
5. DELIVERY COSTS AND PERFORMANCE
Delivery costs for the Products shall be borne by the Buyer. However, if the Company declares on the Website that delivery charges will be covered by the Company, such costs shall be borne by the Company.
Delivery of the Products shall be made within the period undertaken by the Company, provided that the Products are in stock and payment has been successfully received.
The Company shall deliver the Products subject to this Agreement no later than 30 (thirty) business days from the date of the Buyer's order and reserves the right to extend this period by an additional 10 (ten) days by providing written notice to the Buyer.
If, for any reason, the Buyer fails to pay the purchase price of the Products or if the payment is canceled according to the records of the relevant bank, the Company shall be released from its obligation to deliver the Products.
Any loss or damage resulting from the Buyer providing an incorrect delivery address, refusing to accept delivery, or otherwise preventing successful delivery through the Buyer's own actions or omissions shall be borne solely by the Buyer.
6. BUYER'S REPRESENTATIONS AND UNDERTAKINGS
The Buyer declares that they have read and understood the preliminary information provided by the Company on the Website regarding the essential characteristics of the Products subject to this Agreement, the sale price, payment method, and delivery conditions, and that they have given the necessary confirmation electronically.
Buyers acting as consumers may submit their requests and complaints through the communication channels of the Company specified above.
By electronically confirming this Agreement and the Preliminary Information Form, the Buyer acknowledges that, prior to the conclusion of the distance sales contract, they have received complete and accurate information regarding the Company's contact details, the essential characteristics of the ordered Products, the total price including taxes, and the payment and delivery terms as required under applicable consumer protection legislation.
Before accepting delivery of the Products, the Buyer is obliged to inspect them. If the Buyer accepts delivery from the carrier of Products that are damaged, defective, torn, destroyed, or otherwise visibly impaired, full responsibility shall rest with the Buyer.
Products accepted from the courier shall be deemed to have been delivered in good condition and without damage. After delivery, all responsibility for the Products and any subsequent damage shall pass to the Buyer.
If, after delivery of the Products, the Buyer's credit card is unlawfully or fraudulently used by unauthorized third parties without any fault of the Buyer, and as a result the relevant bank or financial institution fails to pay the Product price to the Company, the Buyer shall return the delivered Products to the Company within 3 (three) days. In such case, the return shipping costs shall be borne by the Buyer.
7. SELLER'S REPRESENTATIONS AND UNDERTAKINGS
The Company shall be responsible for delivering the Products subject to this Agreement to the Buyer in accordance with applicable consumer protection legislation, complete, free from defects, in conformity with the specifications stated in the order, and, where applicable, together with warranty certificates and user manuals.
If the Company is unable to deliver the Products within the agreed period due to force majeure events or extraordinary circumstances preventing transportation, it shall notify the Buyer as soon as reasonably practicable.
Where the Products are to be delivered to a person designated by the Buyer other than the Buyer, the Company shall not be held liable if such designated recipient refuses to accept delivery.
8. RIGHT OF WITHDRAWAL
Without prejudice to the provisions set forth in Article 9, the Buyer has the right to withdraw from this Agreement within 14 (fourteen) days from the date of execution of the Agreement, without providing any reason and without incurring any legal or penal liability, by rejecting the goods or services.
The Company undertakes to accept the return of the goods upon receipt of the Buyer's notice of withdrawal. The notice of withdrawal and any other notifications relating to this Agreement may be sent to the Seller using the Seller's contact details specified above.
To validly exercise the right of withdrawal, the Buyer must notify the Company within the applicable withdrawal period in accordance with the relevant legislation.
In the event the right of withdrawal is exercised:
a) The Product delivered to the Buyer or to the third party designated by the Buyer must be returned.
b) The returned Product must be delivered with its original box and packaging complete and undamaged.
When returning the Product, the original invoice provided to the Buyer upon delivery must also be returned. The cost of return shipping shall be borne by the Company.
The return section of the invoice accompanying the Product must be completed and signed by the Buyer and returned within 10 (ten) days following the date on which the withdrawal notice is submitted.
To exercise the right of withdrawal for the Products covered by this Agreement, the Products must be unused, undamaged, and in their original unopened packaging.
9. CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Pursuant to Article 15 of the Regulation on Distance Contracts, the right of withdrawal may not be exercised in the following cases:
a) Products that, by their nature, are not suitable for return. Under this Agreement, the Buyer's right of withdrawal may only be exercised if the Product remains unopened, undamaged, and unused in accordance with Article 15 of the Regulation on Distance Contracts.
b) Contracts relating to goods prepared in accordance with the Buyer's specific requests or clearly personalized to meet the Buyer's individual needs, goods that are not suitable for return by their nature, goods liable to deteriorate rapidly, or goods that are likely to expire.
c) Products whose packaging or protective seal has been opened after delivery, as well as any other circumstances in which the applicable legislation excludes the right of withdrawal.
10. CONFIDENTIALITY
If the Buyer chooses the option offered by the Company to store the Buyer's credit card information, the Buyer acknowledges, represents, and warrants that they expressly consent to such storage.
Such information shall not be used by the Company for any purpose other than lawful purposes, shall not be shared with other users, and shall be kept strictly confidential by the Company.
The Buyer shall be solely responsible for safeguarding their credit card information, bank account information, and any related passwords and for ensuring that such information is not disclosed to third parties. The Company accepts no liability in this regard.
The parties agree, represent, and undertake that any trade secrets or confidential information obtained about each other in connection with this Agreement shall not be disclosed to third parties and that the breaching party shall be liable for any damages resulting from such disclosure.
11. PROTECTION OF PERSONAL DATA
The Buyer expressly consents to the Company storing, processing, transferring to third parties, transferring abroad, and retaining until duly notified otherwise in writing any personal data voluntarily provided by the Buyer that is defined as personal data under Law No. 6698 on the Protection of Personal Data (KVKK) and other applicable legislation.
In its capacity as the Data Controller, the Company shall process such personal data as required by the contractual relationship and has informed the Buyer regarding the manner in which such personal data may be transferred domestically and internationally, as well as the categories of recipients.
The Buyer has also been informed that requests concerning access to, correction, deletion, destruction, objection to the processing of, or compensation relating to personal data may be submitted in writing to the Company's registered office at:
İkitelli O.S.B. Aymakoop San. Sit. Yeni Ticaret Merkezi No:14, Başakşehir, İstanbul, Türkiye
or by email at info@ceciaofficial.com.
12. TERMINATION OF THE AGREEMENT
The Company reserves the right to terminate this Agreement unilaterally and without compensation in the event that:
- the ordered Products are out of stock;
- the Buyer fails to fulfill their payment obligations;
- delivery cannot be made to the address specified by the Buyer in this Agreement; or
- any other circumstance arises for which the Company is not obliged to provide a reason or justification.
If payment has already been made by the Buyer, the Company shall refund the purchase price of the Products.
If the Agreement is terminated due to the Buyer's fault, all delivery costs shall be borne by the Buyer.
LINKS TO THIRD-PARTY WEBSITES
The Company's Website may contain links to third-party websites or materials. Such links are provided solely for informational purposes.
The Company neither controls nor assumes any responsibility for the content of such websites or materials and shall not be liable for any loss or damage arising from the use of or reliance upon such third-party websites or materials.
14. RESOLUTION OF DISPUTES
The parties agree that any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the Courts and Enforcement Offices of Küçükçekmece, İstanbul, Türkiye.
15. DEFAULT AND ITS LEGAL CONSEQUENCES
If the Buyer defaults on payments made by credit card, the Buyer shall pay interest in accordance with the credit card agreement concluded with the issuing bank and shall be liable to the bank accordingly.
In such circumstances, the relevant bank may initiate legal proceedings and claim any resulting legal costs and attorneys' fees from the Buyer.
Furthermore, if the Buyer defaults on any obligation arising from this Agreement, the Buyer agrees to compensate the Company for any losses or damages incurred as a result of the delayed performance of the Buyer's obligations.
16. NOTICES AND EVIDENTIARY AGREEMENT
Unless otherwise required by mandatory law, all correspondence between the parties relating to this Agreement shall be conducted via email.
The Buyer acknowledges, represents, and undertakes that, in any dispute arising out of this Agreement, the Company's official books, commercial records, databases, server records, electronic data, and computer records shall constitute binding, conclusive, and exclusive evidence.
The Buyer further agrees that this provision constitutes an evidentiary agreement within the meaning of the applicable provisions of the Turkish Code of Civil Procedure.
17. EFFECTIVENESS
Upon completing payment for an order placed through the Website, the Buyer shall be deemed to have read, understood, and accepted all terms and conditions of this Agreement.
The Company shall implement the necessary technical measures to ensure that, prior to completion of the order, the Buyer has been provided with the opportunity to read and electronically accept this Agreement through the Website.
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