This Distance Selling Agreement ("Agreement") is established electronically between the SELLER, who sells through the Platform, and the BUYER, who places the order, under the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, via the technical mediation of AGENTA GROUP YAZILIM TURİZM TİCARET LİMİTED ŞİRKETİ ("Camperello", "Intermediary Service Provider").
The BUYER electronically confirms that they have read, understood, and accepted all provisions of this Agreement, the preliminary information form, the product, and delivery conditions before providing order confirmation.
1. Parties
INTERMEDIARY SERVICE PROVIDER (Marketplace):
• Title: AGENTA GROUP YAZILIM TURİZM TİCARET LİMİTED ŞİRKETİ
• Address: Yavansu Mahallesi Hüseyin Can Bulvarı Hasan Berat Sitesi 5.Blok No:45/5 İç Kapı No:2 Kuşadası/Aydın
• MERSIS No: 0216140401600001
• Tax No: 2161404016 (Kuşadası VD)
• Email: destek@camperello.com
• Phone: 0545 829 60 60
SELLER: The individual (C2C seller) or legal entity (B2C corporate seller) who offers the product for sale on the Platform, whose information is displayed on the announcement/product page at the time of order. The Seller's title/name-surname, address, tax/T.C. information, and contact information are included in the preliminary information form created at the time of order.
BUYER: The individual or legal entity who purchases the product, whose name-surname, address, T.C. identity/tax number, and contact information are recorded on the Platform at the time of order.
2. Subject of the Agreement
The subject of this Agreement is the sale and delivery of the product that the BUYER has ordered electronically through the Platform, as specified on the product page and in the preliminary information form, and the determination of the rights and obligations of the parties under the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.
3. Product and Price Information Subject to the Agreement
The name, type, quantity, brand/model, color, sale price, total amount including VAT, payment method, delivery method, shipping cost, recipient, delivery address, invoice information, and delivery time of the ordered product shall be presented to the BUYER in the preliminary information form and order summary before order confirmation.
The product price is the amount stated in the preliminary information form. Prices and promises stated in advertisements and promotions are valid prior to updates, and expired commitments do not bind the BUYER.
For second-hand products, the condition of the product (used, undamaged, damaged, etc.) shall be explicitly stated by the Seller in the announcement content.
4. Position of the Intermediary Service Provider
Camperello acts as an intermediary service provider in accordance with Article 2/(d) of Law No. 6563 on the Regulation of Electronic Commerce and Article 9 as amended by Law No. 7416.
The Agreement is established between the BUYER and the SELLER; Camperello is not a party to the Agreement. The nature of the product, its defects, delivery, invoice issuance, and the return after the right of withdrawal, as well as tax obligations, are the responsibility of the SELLER.
Camperello provides services such as payment collection, order management, cargo information sharing, customer support, technical tracking of withdrawal/return processes, and dispute resolution support. Camperello shall take necessary action within a reasonable time as stipulated by Law No. 6563 to remedy any unlawful situations reported to it.
5. Delivery
The product shall be delivered to the delivery address specified by the BUYER during the order, through the cargo company contracted by the Platform (Aras Kargo) or another cargo company selected by the Seller, within a maximum of thirty (30) days in accordance with Article 16 of the Regulation on Distance Contracts.
The shipping cost shall be borne by the BUYER unless otherwise stated; it shall be covered by the Seller in cases where it is indicated as free in the preliminary information form.
Upon receiving the product, the BUYER is obliged to check the packaging and to have a report drawn up with the cargo officer in case of damaged or missing delivery.
The Seller shall not be held responsible for delivery delays arising from extraordinary circumstances such as force majeure or adverse weather conditions; however, this situation shall be immediately communicated to the BUYER.
6. Payment
Payments may be made through credit/debit cards or bank transfer/EFT via the 3D Secure protocol through the payment infrastructures contracted by the Platform, PayTR.
Payment information is processed by payment providers in compliance with PCI-DSS standards; Camperello does not store card information on its servers.
7. Invoice
The sales invoice shall be issued by the SELLER in accordance with the provisions of the Tax Procedure Law No. 213. If Corporate Sellers are subject to the e-Archive Invoice application, they shall send the invoice to the BUYER electronically or with the product.
For Individual (C2C) Sellers, the obligation to issue documents under the Income Tax Law No. 193 and the Tax Procedure Law No. 213 rests with the Seller.
8. Right of Withdrawal
The BUYER has the right to withdraw from the contract without stating any reason and without paying a penalty within fourteen (14) days from the date of receipt of the product, in accordance with Article 48 of Law No. 6502 and Article 9 of the Regulation on Distance Contracts.
To exercise the right of withdrawal, the return request form on the Platform must be filled out within this period or written notification must be made to support@camperello.com to initiate the return of the product.
The BUYER is obliged to send the product to the return address notified by the Seller within ten (10) days from the date the withdrawal notification reaches the Seller. The return shipping cost, in accordance with Article 13 of the Regulation on Distance Contracts, shall be borne by the Seller if sent with the cargo company (Aras Kargo) previously agreed upon by the Platform; otherwise, it shall be borne by the BUYER.
The Seller is obliged to refund the product price and, if applicable, the shipping cost to the BUYER in a manner suitable for the payment method within fourteen (14) days after receiving the returned product.
The return of the product must be in unused condition, in its original packaging, marketable, and with all accessories. If the product depreciates due to a reason arising from the BUYER's fault, the Seller may claim this depreciation.
9. Exceptions to the Right of Withdrawal
In accordance with Article 15 of the Regulation on Distance Contracts, the right of withdrawal cannot be exercised for the following products:
• Products prepared in accordance with the consumer's requests or personal needs, produced specifically for them (Article 15/1-(ç))
• Perishable products or products that may expire (Article 15/1-(d))
• Products whose protective elements such as packaging, tape, seal, and package have been opened after delivery and whose return is not suitable for health-hygiene reasons (Article 15/1-(e))
• Products that have mixed with other products after delivery and cannot be separated by their nature (Article 15/1-(f))
• Services performed instantly in the electronic environment and intangible goods delivered to the consumer immediately (Article 15/1-(ğ))
• Services that have begun to be performed with the consumer's approval before the expiration of the withdrawal period (Article 15/1-(h))
10. Defective Goods
In the event of the product being defective, the BUYER may exercise their optional rights to withdraw from the contract by notifying their readiness to return the sold item, to request a discount from the sale price in proportion to the defect while retaining the sold item, or to request free repair or replacement with a non-defective equivalent, in accordance with Articles 8-12 and 83 of Law No. 6502.
The provisions of the Turkish Code of Obligations No. 6098 shall apply to the compensation of damages incurred due to defective goods. Applications regarding these rights shall be made to the Seller within a two (2) year limitation period from the delivery of the product. For second-hand products, the provisions of Article 231 of the Turkish Code of Obligations No. 6098 are reserved.
Notifications regarding defective goods may be made by contacting support@camperello.com to utilize the technical mediation of the Platform.
11. Force Majeure
Events that develop outside the control of the parties and cannot be prevented despite reasonable diligence, such as war, rebellion, terrorist acts, natural disasters, epidemics, strikes, lockouts, significant failures in production and communication facilities, and decisions taken by public authorities shall be considered as force majeure. During the force majeure period, the obligations arising from the Agreement shall be suspended.
12. Protection of Personal Data
Personal data belonging to the BUYER shall be processed in accordance with the General Data Protection Regulation (GDPR) and the Privacy Notice. The BUYER acknowledges that they consent to the sharing of the personal data required for the order with the Seller and the cargo company.
13. Evidence Agreement
The parties agree that in disputes arising from this Agreement, the records on the Platform's servers, email correspondence, order records, and electronic data records shall constitute conclusive and exclusive evidence in accordance with Article 193 of the Code of Civil Procedure No. 6100.
14. Competent Authority and Dispute Resolution
In disputes arising from this Agreement; Consumer Arbitration Committees shall have jurisdiction within the monetary limits announced by the Ministry of Commerce in accordance with Article 68 of Law No. 6502 and the Regulation on Consumer Arbitration Committees, and Consumer Courts shall have jurisdiction for amounts exceeding this limit.
The BUYER may submit their application to the Arbitration Committee or Consumer Court located at their place of residence or where the consumer transaction was conducted.
In sales that do not qualify as consumer transactions, the Courts and Enforcement Offices of Kuşadası (Aydın) shall have jurisdiction. Turkish law shall apply to the Agreement.
15. Effectiveness of the Agreement
This Agreement shall come into effect upon the BUYER's electronic approval and shall terminate upon the full performance of the parties' obligations. The BUYER declares through electronic confirmation that they have read, understood, and accepted the preliminary information form along with the order confirmation, and that all articles of the Agreement have come into effect.