Distance Sales Agreement
This Distance Sales Agreement (hereinafter referred to as the "Agreement") constitutes a binding contract between the BUYER and the SELLER upon the BUYER placing an order through the website www.ginaci.com, owned and operated by the GINACI brand. By electronically approving this Agreement on the website, the BUYER agrees to remit the total purchase price and any associated costs through the selected payment method.
Article 1 – PARTIES
SELLER
Business Name: Montave Group Dış Ticaret Anonim Şirketi (GINACI)
Address: Orhangazi Mahallesi, Tunç Caddesi, No: 5 C Block, 34538 Esenyurt / Istanbul, Turkey
Email: contact@ginaci.com
Website: www.ginaci.com
Tax Identification Number: 6222532163
BUYER
The BUYER is defined as any natural or legal person who places an order through the GINACI website.
Article 2 – SUBJECT MATTER: PRODUCTS, PRICE, PAYMENT, AND DELIVERY
This Agreement governs the specifics of the products selected by the BUYER, the method of payment, the total transaction value, and delivery conditions. Product prices and applicable shipping fees are clearly stated at the time of order placement. Upon successful payment, the product(s) will be dispatched to the address specified by the BUYER. The delivery shall be executed within the estimated timeframe provided at checkout.
Article 3 – PRE-CONTRACTUAL DISCLOSURES
The BUYER hereby acknowledges and confirms awareness of the following:
- Access to the SELLER’s contact details and essential corporate information available on the website,
- Full knowledge of product prices, available payment options, and delivery terms,
- Right of withdrawal and the applicable return policies,
- Policies regarding personal data processing and privacy protection.
Article 4 – RIGHT OF WITHDRAWAL
The BUYER reserves the right to withdraw from the purchase agreement and return the product(s) without providing any justification within 14 (fourteen) days of delivery.
This right shall not apply under the following circumstances:
If the product has been used, its tags have been removed, or if its resale condition has been compromised.
Returned products must be sent in their original packaging along with the original invoice. Returns will be processed in accordance with applicable legal timeframes and procedures.
Article 5 – PERSONAL DATA PROTECTION
- The BUYER’s personal data is processed in accordance with the Law No. 6698 on the Protection of Personal Data (KVKK) applicable in Turkey and the General Data Protection Regulation (GDPR) applicable to international sales, along with other relevant legislation.
- GINACI utilizes the Shopify platform as its sales infrastructure. Accordingly, the BUYER’s personal data may be processed for the purposes of order fulfillment, payment processing, product dispatch, customer service, and compliance with legal obligations. Where necessary, data may be shared with service providers both within and outside of Turkey (e.g., logistics firms, payment gateways, email service providers).
- Due to the use of the Shopify infrastructure, personal data may be transferred to servers located abroad. The BUYER acknowledges and expressly consents to such cross-border data transfers.
- The BUYER may exercise their rights regarding personal data under the KVKK and GDPR by contacting the SELLER via email at contact@ginaci.com for further information or to submit inquiries or requests related to data processing.
Article 6 – SECURITY AND CONFIDENTIALITY
- GINACI undertakes to implement appropriate technical and administrative security measures through the Shopify platform to safeguard personal data from unauthorized access, loss, misuse, or alteration. All transactions conducted on the website are secured via SSL (Secure Socket Layer) encryption.
- However, GINACI shall not be held liable for any security breaches resulting from issues outside its control, including but not limited to the BUYER’s own device, internet connection, or browser security. The BUYER bears full responsibility for implementing adequate security measures on their personal devices.
Article 7 – GENERAL TERMS AND CONDITIONS
7.1. Entry into Force and Amendments : This Agreement becomes effective upon the BUYER’s electronic approval and remains binding between the parties. GINACI reserves the right to unilaterally amend or update this Agreement without prior notice. Amendments become effective upon publication on the website. The BUYER is responsible for reviewing these changes.
7.2. Entire Agreement : This Agreement, together with the privacy policy, terms of use, and other legal documents published on the website, constitutes the entire understanding between the parties. In the event of any inconsistency, the provisions of this Agreement shall prevail.
7.3. Non-Waiver : Failure by GINACI to exercise any right under this Agreement shall not constitute a waiver of that right. GINACI retains the right to enforce its rights at any time.
7.4. Liability : The BUYER is solely responsible for the legal implications of all actions taken on the website and agrees to comply with the laws and customs regulations of the destination country. GINACI shall not be held liable for any losses resulting from improper use or violations of law by the BUYER.
7.5. Governing Law and Jurisdiction : This Agreement is governed by the laws of the Republic of Turkey. However, mandatory consumer protection provisions of the BUYER’s country of residence shall remain applicable. Disputes shall initially be addressed through amicable settlement. If resolution is not achieved, the Istanbul Courts and Enforcement Offices shall have jurisdiction. International customers may also appeal to the consumer protection authorities in their own countries.
7.6. Notifications : Official communication between the parties shall be conducted via the BUYER’s registered email address and the official email address provided on the GINACI website. These communications shall be deemed to have the status of written notices.
7.7. Suspension of Service : GINACI reserves the right to temporarily or permanently suspend its website or services due to technical or legal reasons. The BUYER shall be notified accordingly. No compensation shall be claimed as a result of service suspension.
7.8. Force Majeure : No party shall be held liable for failure to perform its contractual obligations due to force majeure events beyond its control (e.g., natural disasters, war, pandemics, government actions, etc.). Such failure shall not constitute a breach of contract.
7.9. Assignment of Rights : The BUYER may not transfer any rights or obligations under this Agreement to third parties. GINACI reserves the right to assign its rights and obligations to affiliated companies or business partners when necessary.
7.10. Precedence and Scope : This Agreement represents the final and complete understanding between the parties. Any prior verbal or written statements or agreements shall be rendered void.
Article 8 – DISPUTE RESOLUTION
8.1. Amicable Settlement : The parties agree to seek resolution through mutual understanding and good faith in the event of any dispute arising from this Agreement.
8.2. Jurisdiction : The parties agree that the laws of the Republic of Turkey shall govern any disputes under this Agreement, and the Courts and Enforcement Offices of Istanbul shall have jurisdiction. International users retain the right to appeal to consumer protection authorities in their respective jurisdictions.