Exclusive Collection Privileges for AKAY’s 50th Anniversary – Book Your Appointment Now

Distance Sales Agreement

DISTANCE SALES AGREEMENT

1. Parties

This Distance Sales Agreement (“Agreement”) has been entered into electronically between the Seller/Provider, whose details are provided below, and the Buyer, who places an order via the www.akay.com.tr website.

SELLER / PROVIDER

Title: AKAY TEKSTİL GELİNLİK VE GIDA SAN. TİC. LTD. ŞTİ.
Address: Erenköy Mah. Şerafettin Sk. No: 20 Hüseyin Paşa Köşkü İç Kapı No: 1 Kadıköy / İstanbul
Tax Office: Erenköy Tax Office
Tax No: 0140024074
Phone: +90 (216) 478 27 51
E-mail:  akaymusterihizmetleri@akay.com.tr
Website: www.akay.com.tr

BUYER

The Buyer is the person who enters their name, surname/title, contact, billing, and if applicable, delivery information when placing an order via www.akay.com.tr and purchases the product or service for non-commercial or non-professional purposes.

The information provided by the Buyer electronically during the order is an integral part of this Agreement.

2. Definitions

In the application of this Agreement;

Ministry: Ministry of Trade of the Republic of Turkey,

Law: Law No. 6502 on Consumer Protection,

Regulation: Regulation on Distance Contracts,

Site: The website www.akay.com.tr,

Seller/Provider: AKAY TEKSTİL GELİNLİK VE GIDA SAN. TİC. LTD. ŞTİ.,

Buyer/Consumer: The person acting for non-commercial or non-professional purposes and purchasing goods or services through the Site,

Good/Product: Wedding dresses, accessories and other physical products offered for sale on the Site,

Custom Product: Products specially prepared or modified according to the Buyer's measurements, choices, requests, or personal needs,

AKAY AI Virtual Try-on Right: The digital usage right defined electronically in the Buyer's AKAY account and usable to benefit from AKAY's AI-powered virtual try-on services,

shall mean.

3. Subject of the Agreement

This Agreement relates to the sale, payment, production, delivery, or performance of goods or services ordered by the Buyer electronically through the Site, and the determination of the parties' rights and obligations in accordance with Law No. 6502, the Regulation on Distance Contracts, and other applicable legislation.

The main characteristics, quantity, model if any, personalization options, sales price, taxes, shipping costs if any, and total payment amount of the product or service subject to the order are shown to the Buyer on the Site before placing the order.

The Buyer is informed that the order creates a payment obligation before completing the order.

4. Product or Service Information

The ordered good or service's;

  • name and main characteristics,
  • quantity or amount of purchased right,
  • unit price,
  • total sales price,
  • tax information,
  • shipping or other additional costs, if any,
  • payment method,
  • delivery or performance method

are specified in the order summary, payment screen, and/or order confirmation, and this information is an integral part of this Agreement.

5. Price and Payment

The prices specified on the Site are sales prices including applicable taxes, unless explicitly stated otherwise.

The total amount to be paid by the Buyer during the order is clearly shown to them before the payment process is completed.

Payment can be made using one of the credit card, debit card, or other payment methods available on the Site.

Payment transactions may be carried out through the infrastructure of authorized payment institutions and financial institutions working with AKAY.

The creation of the order is subject to the successful completion of payment, if necessary, and/or approval by the payment institution.

6. Delivery of Physical Products

Physical products are sent to the delivery address specified by the Buyer during the order or in accordance with the delivery method agreed upon by the parties.

The delivery date or estimated delivery time may be notified to the Buyer on the product page, in the pre-information, during the order, or after the order, depending on the nature of the product.

For standard goods sales, the maximum legal delivery period in force applies.

7. Custom Made Wedding Dresses

Some wedding dresses offered by AKAY are products re-produced according to the customer's personal measurements and requests after the order.

Products manufactured according to the Buyer's;

body measurements, size information, height, chosen fabric, model, color, neckline, sleeve, skirt, design changes, or similar personal preferences are considered custom made.

The preparation of custom-made products may take longer than standard products. For these products, the production and delivery time agreed upon by the parties during or after the order applies.

The Buyer accepts that custom production will be carried out based on the measurements and information provided by the Buyer. Differences arising from incorrect or incomplete measurements/information that cannot be attributed to AKAY will be evaluated separately.

8. Right of Withdrawal

Unless otherwise specified in the applicable legislation, for goods sales subject to the right of withdrawal, the Buyer has the right to withdraw from the contract without giving any reason and without paying any penalty within 14 days from the date of receipt of the product by themselves or a third party designated by them.

It is sufficient for the withdrawal notification to be sent to the Seller in writing or via a permanent data storage device within the withdrawal period.

Goods and services for which the right of withdrawal does not apply are specified separately in the following article.

9. Exceptions to the Right of Withdrawal

Within the scope of the Distance Contracts Regulation, the right of withdrawal cannot be exercised for the following contracts, unless otherwise agreed by the parties:

9.1. Custom Made Wedding Dresses

There is no right of withdrawal for contracts related to goods prepared according to the consumer's requests or personal needs.

In this context, the right of withdrawal cannot be used for wedding dresses and other products that are produced according to the customer's measurements, customized to the customer's body, modified upon the customer's request, or subjected to a design/production process specific to the customer.

The consumer's rights arising from the Law are reserved in case the product is defective.

9.2. AKAY AI Virtual Try-on Rights

AKAY AI Virtual Try-on Rights are not physical products; they are digital service/usage rights defined electronically in the Buyer's AKAY account and made available for use after payment.

If the Buyer requests these digital rights to be immediately defined in their account after purchase and explicitly approves the start of the service before the withdrawal period expires;

services performed instantly in electronic environment,
intangible goods delivered instantly to the consumer and/or
services whose performance has begun with the consumer's consent before the expiration of the right of withdrawal period

the right of withdrawal cannot be exercised according to the provisions of the Distance Contracts Regulation regarding.

Used virtual try-on rights cannot be returned, transferred to another user, or demanded for cash equivalent.

10. Nature of AKAY AI Virtual Try-on Service

In the AKAY AI Virtual Try-on service, a suitable photo uploaded by the customer and the selected product image can be processed using artificial intelligence technologies to create a digital virtual try-on image or video.

The purpose of this service is to provide the customer with a preview that helps visualize the product in a digital environment.

The result generated by artificial intelligence;

  • is not a real fitting,
  • does not guarantee the actual fit of the product on the customer's body,
  • does not guarantee the exact fabric texture and color,
  • does not guarantee the exact same embroidery, lace, and details,
  • does not imply the purchase or reservation of any wedding dress.

Due to the nature of technical systems, different results may be produced even if the same user, photo, or product is used.

11. Use of Virtual Try-on Right and Technical Errors

A virtual try-on right can be used for a transaction that complies with the service's terms of use.

If AKAY or the technical infrastructure of the service encounters an error during the transaction and the transaction cannot be completed, the used right may be automatically redefined to the customer's account in cases supported by the system.

Situations where the customer uploads non-compliant photos or content, acts contrary to the service's terms of use, or the service cannot be completed due to user-related reasons are evaluated separately.

AKAY reserves the right to block transactions suspected of misuse, automated processing, fraud, or security breaches and to take necessary security measures.

These provisions do not override the consumer's mandatory rights arising from applicable legislation.

12. Product Protection Seal and Inspection of Returned Products

AKAY may use product protection seals, labels, tamper-evident seals, or other security elements on wedding dresses and similar products to determine their usage status.

If a standard product subject to the right of withdrawal is used beyond the necessary inspection to determine its nature and characteristics; if the protection seal is removed or damaged and there are signs of use; if perfume, odor, make-up, sweat, stains, dirt, tears, deformation, alteration, or similar changes occur on the product, its suitability for return will be examined by AKAY.

To the extent permitted by legislation, depreciation resulting from consumer use may be taken into account.

The exception to the right of withdrawal for custom-made products also applies separately.

13. Returns and Refunds

For orders where the right of withdrawal is valid and exercised appropriately, refunds will be made within the applicable legal periods and in accordance with the payment method used by the consumer during purchase.

Delays caused by the internal processing times of banks and payment institutions may be beyond AKAY's control.

Information regarding the carrier, method, and any return costs to be used for the return will be notified to the Buyer in the pre-order information or within the scope of the relevant order.

14. Defective Goods or Services

The return and withdrawal right exceptions in this Agreement do not override the Buyer's statutory rights regarding defective goods or services.

If the product or service does not possess the qualities agreed upon in the contract or is defective under the legislation, the relevant provisions of Law No. 6502 on Consumer Protection shall apply.

15. Impossibility of Performance of the Order

If the performance of the goods or services subject to the order becomes impossible, AKAY will inform the Buyer within the procedures and periods stipulated in the applicable legislation and will refund the collected amounts in accordance with the legislation.

16. Personal Data

Personal data processed within the scope of order, payment, delivery, customer account, and virtual try-on services are processed in accordance with the Privacy Policy published on the Site, the disclosure texts within the scope of KVKK, and applicable legislation.

The processing of payment card information may be carried out through the secure infrastructures of payment institutions themselves.

17. Evidence and Records

Order, payment, delivery, customer account, and service usage records created electronically between the parties may be stored within the scope of applicable legislation.

The parties' legal rights of proof are reserved.

18. Resolution of Disputes

In consumer disputes that may arise from this Agreement, applications can be made to Consumer Arbitration Committees or Consumer Courts within the framework of the applicable monetary limits and jurisdiction rules.

The Buyer's other application rights arising from consumer legislation are reserved.

19. Effectiveness

The Buyer accepts that they have been informed about the main characteristics of the product or service, the total sales price, the payment method, the delivery or performance conditions, the right of withdrawal, and the situations where the right of withdrawal does not apply, before completing the order process.

This Agreement is formed when the Buyer electronically approves the order that creates a payment obligation through the Site.

The order summary, Pre-Information Form, product/service information, and the Buyer's personalization choices, if any, are integral parts of this Agreement.