DRAFT — counsel review pending

Distance Sales Agreement — Stancona (DRAFT v0.1, EN mirror)

Status: DRAFT — counsel-review-pending (founder-approved pipeline 2026-10-05: agent draft → founder approval → publish with counsel-review-pending note → lawyer's final diff pass). Not lawyer-approved.
Owner card: kanban t_fadc62a4 (IYZICO-SITE-REQ, requirement #4) · Research: ~/Projects/stancona/legal/research-brief-1-mesafeli-satis.md
Authority: this English text is a courtesy mirror. The Turkish canonical distance-selling-agreement.tr.md binds for consumers in Turkey (6502 TKHY m.48 · Mesafeli Sözleşmeler Yönetmeliği RG 27.11.2014/29188, consolidated incl. the 24/5/2025 amendments effective 01.01.2026).
Seller identity: incorporation-and-tax.md §3b (SSOT — tax certificate issued 05.10.2026).

1. Parties

SELLER: Muhammed Emin Boydak (sole proprietorship — no trade title) Tax office / ID: Kartal · 1820620930 Address: Cevizli Mah. Zuhal Cad. A Blok No: 46 İç Kapı No: 50, Maltepe/İstanbul E-mail: [email protected] · Sites: https://stancona.org (checkout: shop.stancona.org; legacy store: store.stancona.org)

BUYER: name, delivery/billing address, e-mail and phone entered at checkout. The buyer is responsible for the accuracy of these details.

2. Subject

This agreement is concluded remotely under art. 48 of Turkish Law No. 6502 and the Distance Contracts Regulation. The Pre-Information Form (Annex 0) is an integral part of this agreement (Reg. art. 5/2 — inseparable unless the parties agree otherwise in writing).

3. Products and order summary

Before the payment-triggering confirmation, an order summary is shown listing product name, quantity, unit price, total price inclusive of all taxes in TL, shipping fee (if any) and the grand total (Reg. art. 5/1-d). No VAT or extra charge is added after that point. The order summary and the contract version accepted are electronically logged (art. 11).

4. Payment

Payments run through the payment institution iyzico. Accepted payment methods are shown before the order is placed (Reg. art. 6/2-b). Card data is never stored by the seller — it is processed only by the payment institution. The order confirmation is given only after the buyer is clearly informed that confirming the order creates a payment obligation (Reg. art. 8/1).

5. Delivery

Digital products (downloadable intangible goods such as STL/PDF): the download link opens with the order confirmation — instant delivery (withdrawal exception, art. 7).
Physical products: delivery time is stated on the product page; the statutory maximum is 30 days (Reg. art. 16/1, except consumer-specified custom goods). A tracking number appears in the buyer's account within 24 hours.
Shipping fee is shown explicitly in the order summary; any free-shipping threshold is defined in delivery-and-return-policy.en.md and must match the checkout total. Scope: Turkey only for now.
Loss/damage in transit: the seller is liable until the goods are handed to the buyer or the buyer's designated third party (Reg. art. 17/1). All freight costs on damaged parcels are borne by the seller; the buyer sends a photo and gets a free re-make or full refund (details in the delivery & return policy).

6. Right of withdrawal

The buyer may withdraw within 14 days, without reason and without penalty (Reg. art. 9/1).
The period starts on the day the goods are delivered (services: day of formation) — art. 9/2.
Form: a written statement or any permanent data medium sent before the deadline suffices — e-mail ([email protected]) or the on-site withdrawal form; no reason is required (art. 11/1–2). The seller confirms receipt immediately.
Refund: within 14 days of receiving the goods back, all amounts collected including delivery costs are refunded in a single payment, via the same payment instrument the buyer used, with no cost or obligation to the buyer (art. 12/1 and 12/4 as amended 24/5/2025).
Return shipping is borne by the seller. Where the seller designated a return carrier in the pre-information, the buyer using that carrier bears no return cost; where none was designated, no return fee may be charged at all (art. 12/5 as amended 24/5/2025). No clause shifting return freight to the buyer is included (conservative default per Brief 3; final counsel confirmation).
Return of goods: the buyer ships within 14 days of sending the withdrawal notice (art. 13/1).
Exceptions (Reg. art. 15/1): no withdrawal right for contracts on (a) price volatility outside the seller's control; (b) goods made to the consumer's specifications or personal needs; (c) perishables / short shelf-life goods; (ç) goods whose protective packaging is opened after delivery and which are unsuitable for return for health/hygiene reasons; (d) goods that become inseparably mixed after delivery; (e) opened physical media (books, digital content, computer consumables); (f) periodicals outside subscriptions; (g) fixed-date leisure/accommodation/ transport/catering arrangements; (ğ) services performed electronically on the spot and intangible goods delivered instantly to the consumer; (h) services begun with the consumer's consent before the withdrawal period ends; (j) live auction contracts.

Sourcing note (for counsel): art. 15/(i) (post-delivery withdrawal ban for phones/tablets/ computers) was repealed effective 01.01.2026 (RG 24/5/2025-32909) and is absent above. Bents (ı) and (k) are execution-stayed by the Council of State (Danıştay 10th Chamber, 30/6/2025, E.2022/5534) and are deliberately omitted — counsel to confirm.

7. Digital products — instant performance and explicit consent

Instantly delivered intangible goods fall under the art. 15/1-ğ exception: no withdrawal right; no refund once the download link is open. A separate explicit consent is collected at purchase: “I have read and accept that digital content is delivered instantly with my order confirmation and that no right of withdrawal applies in that case.” Tilt/screenshot: logged with timestamp, IP and user agent (art. 11); the art. 5/1-h exception notice also appears in the pre-information.

8. Defective goods and warranty

Statutory selection rights for defective goods are governed by art. 11 of Law 6502 (refund, repair/free re-make, price reduction). These are independent of the withdrawal right in art. 6. For digital goods the seller must prove defect-free delivery (Reg. art. 20/3).

9. Dispute resolution

Disputes valued below TRY 186,000 (effective 01.01.2026): mandatory application to Provincial/ District Consumer Arbitration Boards.
TRY 186,000 and above: arbitration boards are barred; mandatory mediation (TKHY art. 73/A) before the Consumer Courts.
These routes are also disclosed in the pre-information (Reg. art. 5/1-k). Source: Ministry of Trade, tuketici.ticaret.gov.tr (2026 revaluation rate %25.49).

10. Competent court

Consumer disputes fall to the court of the consumer's place of residence (TKHY art. 47 — mandatory in favour of the consumer; this clause may not restrict the buyer).

11. Formation, electronic approval and records

The buyer confirms receipt of the pre-information (Reg. art. 7 — otherwise the contract is not deemed concluded) and accepts the order summary.
“Confirming the order creates a payment obligation” is displayed immediately before approval (art. 8/1).
The contract is formed by a separate checkbox approving the Distance Sales Agreement + Pre-Information Form plus the recorded order confirmation. Logged fields: approved text version, timestamp, IP/user agent, order no., payment result — the primary evidence in disputes; kept at least 3 years (art. 20), invoices per VUK.
The contract is formed under the version approved at that moment; the seller stores the version number and timestamp.

12. Miscellaneous

Mandatory consumer-law provisions apply as-is; the Turkish text binds, this EN mirror is informational. Personal data is processed under the KVKK/Privacy notice (https://stancona.org/privacy). Contact: [email protected].

Annex 0 — Pre-Information Form (checkout screen content)

item	value
(a) essential characteristics	as on the product page; physical vs digital flagged
(b) seller name + tax ID	Muhammed Emin Boydak · Kartal tax office · 1820620930 (no MERSİS — sole proprietorship)
(c) full address, contact	Cevizli Mah. Zuhal Cad. A Blok No: 46 İç Kapı No: 50, Maltepe/İstanbul · [email protected]
(ç) complaint channel	[email protected]
(d) tax-inclusive total + extras	order summary: TL total incl. VAT, shipping fee, grand total
(e) remote-communication cost	standard tariff
(f) payment + delivery	iyzico; product-page timeline, 30-day statutory cap; digital: instant
(g) withdrawal terms/period/procedure + return carrier	14 days; e-mail + on-site form; return freight on seller
(ğ) withdrawal notice address	[email protected] (+ on-site form)
(h) art. 15 exceptions notice	no withdrawal on digital goods (15/1-ğ); list in arts. 6–7
(ı)(i) deposit / technical protection / hardware-software	none
(k) dispute route	Arbitration Board (< TRY 186,000) or mediation + Consumer Court

Consent checkboxes (separate, default off):

“I have read and accept the Distance Sales Agreement and the Pre-Information Form.” (required)
“I accept instant delivery of digital content and the withdrawal exception.” (digital only)
Marketing e-consent (separate, optional, default off).

Annex 1 — SAMPLE Withdrawal Form

Per the Regulation's annex; fill only when exercising the right of withdrawal. Addressee: Muhammed Emin Boydak, address as in art. 1, [email protected]. Fields: order/delivery date, goods/services, price, buyer name, buyer address, signature (paper only), date.

Counsel diff — open questions: same list as the Turkish canonical (hygiene SKU list; event- ticket regime; Keep subscription; store/shop single-contract question; the unfounded "30+10 days" delivery extension and "20 days receipt" claims dropped in favour of the primary text; omission of stayed bents ı/k).