Distance Sales Agreement

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Last Updated: 13 September 2026

This Distance Sales Agreement (“Agreement”) is entered into electronically between the Seller identified below and the Buyer placing an order through the Tobchik website, in accordance with Turkish Consumer Protection Law No. 6502 and the Turkish Regulation on Distance Contracts.

1. Parties

1.1. Seller

Seller: OZDSystems
Brand: Tobchik
Address: Ş. Turan Selvi Sk. 7/4, Maltepe, Istanbul, Turkey
Tax Identification Number: {{SELLER_TAX_NO}}
Telephone: {{SELLER_PHONE}}
Email: {{SELLER_EMAIL}}
Website: https://tobchik.com

1.2. Buyer

Name and Surname: {{CUSTOMER_NAME}}
Telephone: {{CUSTOMER_PHONE}}
Email: {{CUSTOMER_EMAIL}}
Delivery Address: {{DELIVERY_ADDRESS}}
Billing Address: {{BILLING_ADDRESS}}

The Seller and Buyer shall hereinafter collectively be referred to as the “Parties”.

2. Subject of the Agreement

The purpose of this Agreement is to regulate the sale and delivery of the product or products electronically ordered by the Buyer through the Tobchik website, the characteristics, sales price, payment method and delivery details of which are presented during the ordering process, and to determine the respective rights and obligations of the Parties.

3. Product and Order Information

Order Number: {{ORDER_NUMBER}}
Order Date: {{ORDER_DATE}}
Product: {{PRODUCT_NAME}}
Product Options: {{PRODUCT_OPTIONS}}
Personalisation Details: {{PERSONALIZATION_DETAILS}}
Quantity: {{QUANTITY}}
Subtotal: {{SUBTOTAL}}
Shipping / Delivery Cost: {{SHIPPING_COST}}
Discount: {{DISCOUNT_AMOUNT}}
Total Amount Including VAT: {{TOTAL_AMOUNT}}
Payment Method: {{PAYMENT_METHOD}}

Where more than one product is purchased, the product information displayed in the Buyer's order summary and order confirmation forms an integral part of this Agreement.

4. Essential Characteristics of the Products

The type, model, colour, dimensions, materials, personalisation options, quantity and other essential characteristics of the products are specified on the relevant product page and in the order summary.

The Buyer is responsible for reviewing the essential characteristics of the product and the selected personalisation information before completing the order.

Due to the nature of handmade or personalised products, minor variations in colour, placement, dimensions or craftsmanship that do not materially alter the essential characteristics of the product may occur between Website images and the delivered product.

This provision does not limit the Buyer's statutory rights where an incorrect product is supplied, personalisation is incorrectly performed by the Seller, the product materially differs from the order or the product is defective.

5. Formation of the Agreement

Before completing the order, the Buyer confirms that they have reviewed and accepted the information contained in the Preliminary Information Form, including the essential characteristics of the products, total price, payment and delivery information, right of withdrawal and applicable exceptions to that right.

This Agreement is concluded electronically when the Buyer confirms the order through the button or similar electronic mechanism indicating that the order entails an obligation to pay.

The order will be processed after it has been received by the Seller's system and payment has been successfully completed according to the relevant payment method.

6. Price and Payment

The total sales price, including applicable taxes, is displayed to the Buyer before the order is completed.

Any shipping, delivery or other additional charges are separately displayed before the order is confirmed.

No additional payment obligation may be added to the order without the Buyer's express approval.

Payment shall be made using one of the payment methods offered on the Tobchik Website.

Credit or debit card transactions may also be subject to the terms of the relevant payment service provider and bank.

7. Delivery

Products will be delivered to the delivery address specified by the Buyer when placing the order.

Standard products will be dispatched within the period specified during the ordering process or otherwise committed to by the Seller and, in any event, within the maximum periods required by applicable law.

For goods prepared specifically in accordance with the Buyer's request or personal requirements, a longer delivery period may be agreed due to the production process. In such cases, the estimated production or delivery period will be communicated on the product page, during the ordering process or following the order.

The delivery period begins after payment has been completed and, in the case of personalised products, after all information necessary for production has been fully provided by the Buyer.

To the extent the Seller is not at fault, the Seller shall not be responsible for delays resulting from incorrect or incomplete delivery or contact information provided by the Buyer.

8. Risk of Loss and Damage Until Delivery

The Seller is responsible for loss or damage occurring until the product is delivered to the Buyer or to a third party designated by the Buyer other than the carrier.

Where the Buyer independently chooses a carrier other than the delivery options offered by the Seller, the provisions of applicable law shall apply.

9. Impossibility of Delivery

If performance of the order becomes impossible, the Seller shall notify the Buyer in writing or through a durable medium within the period required by applicable law after becoming aware of the impossibility.

Where delivery becomes impossible, payments received from the Buyer, including applicable delivery charges, will be refunded within the period required by applicable law.

The fact that a product is temporarily out of stock does not in itself constitute impossibility of performance.

10. Right of Withdrawal — Standard and Non-Personalised Products

For standard products that are not subject to an exception under the Turkish Regulation on Distance Contracts, the Buyer has the right to withdraw from this Agreement within 14 days from delivery without giving any reason and without incurring a contractual penalty.

The Buyer may also exercise the right of withdrawal before delivery of the product.

To exercise the right of withdrawal, it is sufficient for the Buyer to send the Seller a clear withdrawal notice in writing or through a durable medium such as email within the applicable 14-day period.

Withdrawal notices may be sent to:

Email: {{SELLER_EMAIL}}
Address: Ş. Turan Selvi Sk. 7/4, Maltepe, Istanbul, Turkey

11. Exception to the Right of Withdrawal for Personalised Products

Pursuant to Article 15 of the Turkish Regulation on Distance Contracts, the statutory right of withdrawal does not apply to goods prepared in accordance with the consumer's requests or personal needs.

Accordingly, Tobchik products may be regarded as personalised goods where, for example, they are:

Produced with a name or pet name selected by the Buyer,
Produced using custom wording or text selected by the Buyer,
Manufactured according to measurements supplied by the Buyer,
Produced according to a specific colour, combination or design selected by the Buyer,
Modified from their standard stock condition specifically for the relevant order.

For such products, the right of withdrawal may not be exercised merely because the Buyer changes their mind, no longer wants the product, provides an incorrect name or measurement, or changes their personal preference.

The exception to the right of withdrawal does not affect the Buyer's statutory rights in relation to defective, incorrect or non-conforming goods.

12. Cancellation of Personalised Orders

Where production of a personalised product has not yet started, the Buyer may contact the Seller to request cancellation of the order.

Where reasonably possible, the Seller may accept cancellation of a personalised order before production begins and refund amounts collected using the appropriate original payment method.

Once production has started, the statutory exception to the right of withdrawal may apply where the product is being produced according to the Buyer's requests or personal requirements.

13. Return of Products Following Withdrawal

Where the right of withdrawal applies, the Buyer shall return the product within 14 days from the date on which the withdrawal notice is submitted to the Seller.

Where the Buyer uses the return carrier identified by the Seller in the Preliminary Information Form, the Buyer shall not be charged return shipping costs where this is required under applicable legislation.

Where the Seller has not specified a particular carrier for returns, the Buyer shall similarly not be held responsible for return costs to the extent provided by applicable law.

The product should not be used beyond what is reasonably necessary to determine its nature, characteristics and functioning. Applicable legal provisions concerning any reduction in value caused by handling beyond such reasonable examination shall apply.

14. Refunds

Where the right of withdrawal has been validly exercised, the Seller shall refund the amounts collected from the Buyer in accordance with the periods and conditions required by applicable distance-selling legislation.

Refunds shall be made using a payment method appropriate to the payment instrument originally used by the Buyer and without imposing additional costs or obligations on the Buyer.

Processing periods attributable to banks or payment service providers may be outside the direct control of the Seller.

15. Defective, Incorrect or Non-Conforming Products

If a delivered product is defective, an incorrect product is supplied, personalisation is incorrectly performed due to the Seller, or the product otherwise materially fails to conform to the order, the Buyer's statutory rights under Turkish Consumer Protection Law No. 6502 remain fully reserved.

In such circumstances, the Buyer is encouraged to contact the Seller with the order number and, where possible, photographs showing the issue so that the matter can be assessed promptly.

Where a manufacturing defect, incorrect personalisation, incorrect product or other non-conformity attributable to the Seller is identified, appropriate remedies such as free correction, reproduction, replacement, price reduction or refund may be provided in accordance with applicable law.

These statutory rights are not affected by the absence of a right of withdrawal for personalised products.

16. Personalisation Information Provided by the Buyer

The Buyer is responsible for checking names, spelling, measurements, colours, design choices and other personalisation information before completing the order.

Where a name, spelling, measurement or other personalisation detail has been incorrectly entered by the Buyer and the product has been manufactured correctly according to the information provided, this will not by itself constitute a manufacturing defect.

The Seller may attempt to accommodate modification requests submitted before production begins where technically and operationally possible, but cannot guarantee that changes can be made after production has started.

17. Product Images and Colour Variations

Tobchik aims to display product images as accurately as reasonably possible. However, colours may appear slightly different on different screens, devices or display settings.

Handmade products and products incorporating materials with natural variations may contain minor differences in colour, texture or craftsmanship that do not alter the essential characteristics of the product.

18. Force Majeure

Neither Party shall be liable, to the extent affected, for delay or failure to perform obligations resulting from events beyond reasonable control, including natural disasters, war, terrorism, epidemics, strikes, transport or logistics interruptions, decisions of competent authorities, communications failures or infrastructure disruptions.

The mandatory statutory rights of consumers remain unaffected.

19. Protection of Personal Data

The Buyer's personal data is processed in accordance with Turkish Personal Data Protection Law No. 6698 and other applicable legislation.

Further information regarding the processing of personal data is available in the Tobchik Privacy Policy and KVKK Privacy Notice.

20. Intellectual Property Rights

Unless otherwise stated, intellectual and industrial property rights relating to the Tobchik brand, Website design, texts, product designs, photographs, graphics, logos and other content belong to their respective rights holders.

Such content may not be reproduced, distributed or commercially used without the permission of the relevant rights holder.

21. Resolution of Consumer Disputes

Consumer disputes arising from this Agreement may be submitted, subject to the monetary thresholds determined under Turkish Consumer Protection Law No. 6502, to the competent Consumer Arbitration Committee or Consumer Court at the Buyer's place of residence or the place where the consumer transaction was carried out.

Any attempt by the Parties to resolve a dispute through direct communication does not restrict the Buyer's statutory rights to seek legal remedies.

22. Governing Law

This Agreement is governed by the laws of the Republic of Turkey.

Nothing in this Agreement limits any mandatory consumer rights available under applicable law.

23. Storage of the Agreement

This Agreement is concluded electronically and may be retained by the Seller for the period required under applicable legislation.

Order information and the Agreement may be provided to the Buyer through an order confirmation or another durable medium.

24. Entry into Force

Before completing the order, the Buyer confirms that they have read and understood the Preliminary Information Form and this Distance Sales Agreement and have electronically approved them.

This Agreement enters into force when the Buyer electronically confirms the order and accepts the obligation to pay.

Seller: OZDSystems / Tobchik
Buyer: {{CUSTOMER_NAME}}
Order No: {{ORDER_NUMBER}}
Agreement Date: {{ORDER_DATE}}

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