Legal

Distance Sales Agreement

This Distance Sales Agreement (the “Agreement”) is concluded electronically between the parties identified below, pursuant to Turkish Consumer Protection Law No. 6502 and the Regulation on Distance Contracts.

1. Parties

1.1. SELLER / PROVIDER
Trade name: Anıl Kösdağ Ve Ömer Turgut Ünal Adi Ortaklığı
Legal form: Ordinary partnership (adi ortaklık)
Partners: Anıl Kösdağ, Ömer Turgut Ünal
Address: Huzur Mahallesi, Barbaros Caddesi No:12/B, 34396 Sarıyer/İstanbul, Türkiye
Tax office / Tax ID: Maslak V.D. / 0701162105
MERSİS no: None (an ordinary partnership is not registered with the trade registry)
Phone / WhatsApp: +90 540 034 7325 · E-mail: anil@peakdetailingtr.com
Website: peakdetailingtr.com
Referred to below as the “SELLER”.

As an ordinary partnership has no separate legal personality, the partners are jointly and severally liable for obligations arising from this Agreement pursuant to Article 638/3 of the Turkish Code of Obligations No. 6098.

1.2. BUYER
The name, contact and invoicing details provided by the BUYER to the SELLER before the payment link is sent form an integral part of this Agreement. Referred to below as the “BUYER”.

2. Subject of the Agreement

This Agreement sets out the rights and obligations of the parties in relation to the vehicle care/protection service requested by the BUYER from the SELLER, and to the collection of its price through a personalised payment link sent by the SELLER to the BUYER via WhatsApp or e-mail.

3. Characteristics of the Service and Price

The SELLER provides vehicle care and protection (detailing) services for motor vehicles. Services that may be the subject of this Agreement:

Prices shown on the website are starting prices and include VAT. Because the vehicle model, body dimensions, paint condition and requested scope affect the price, the final price is determined after a free inspection and submitted for the BUYER’s approval before work begins. No work is started and no amount is requested unless the BUYER approves.

The name and scope of the service performed, the product/brand and grade used, and the total price including all taxes are notified to the BUYER in writing when the payment link is sent, and form an integral part of this Agreement.

No additional charge of any kind — delivery, shipping or otherwise — is requested from the BUYER beyond the service price.

4. General Provisions

4.1. Before sending the payment link, the SELLER provides the BUYER with a link to the Pre-Contractual Information Form and to this Agreement, covering the SELLER’s identity, the essential characteristics of the service, the total price including taxes, the method of payment, the right of withdrawal and complaint channels. By completing payment through the link, the BUYER is deemed to have confirmed receipt of that information.

4.2. Once payment is complete, this Agreement and the payment record are sent to the BUYER by e-mail or WhatsApp as a durable medium.

4.3. The BUYER declares being over eighteen years of age and having legal capacity.

5. Performance of the Service and Delivery

5.1. Place of performance. The service is performed at the SELLER’s studio at Huzur Mahallesi, Barbaros Caddesi No:12/B, 34396 Sarıyer/İstanbul, Türkiye. By the nature of the service there is no shipment of physical goods and no courier or freight delivery. For the purposes of this Agreement, “delivery” means performance of the service at the studio and handover of the vehicle to the BUYER once the work is complete.

5.2. Time of performance. The service is performed on the appointment date and time agreed between the BUYER and the SELLER, upon delivery of the vehicle to the studio.

5.3. Duration. The application time varies by service type and vehicle condition; the estimated duration is notified to the BUYER before work begins. The SELLER performs within the committed period and in any event within 30 days at the latest from the date of agreement.

5.4. Handing over and collecting the vehicle.

5.5. Impossibility of performance. Where performance becomes impossible, the SELLER shall inform the BUYER within 3 days of learning of it. As no advance payment is taken, no amount is requested from the BUYER and no amount falls to be refunded.

6. Declarations and Obligations of the Buyer

7. Payment

7.2. Payments are processed through iyzico, a payment institution authorised by the Turkish Banking Regulation and Supervision Agency, with 3D Secure verification.

7.3. The BUYER’s payment instrument details such as card number, expiry date and security code are not transmitted to the SELLER, are not visible to the SELLER and are never stored by the SELLER.

7.4. The payment link is sent only to the BUYER, at the number or e-mail address the BUYER has provided. The SELLER never asks the BUYER for a card number, CVC or SMS verification code over the phone. Any such request is a sign of fraud; the BUYER should verify with the SELLER on +90 540 034 7325.

7.5. The invoice is issued on the basis of the invoicing details provided by the BUYER and is sent to the BUYER.

8. Right of Withdrawal

8.1. In distance contracts, the BUYER may withdraw within 14 (fourteen) days of the conclusion of the contract, without giving any reason and without paying any penalty, provided that the exception in Article 9 does not apply.

8.2. Withdrawal is notified within that period by e-mail to anil@peakdetailingtr.com, by WhatsApp message to +90 540 034 7325, or in writing. The model withdrawal form on the Delivery & Refunds page may be used but is not mandatory.

8.3. The SELLER refunds all payments received within 14 days of receiving the withdrawal notice, using the same payment instrument used by the BUYER and without charging the BUYER any cost.

9. Cases Where the Right of Withdrawal Cannot Be Exercised

9.1. Pursuant to Article 15/1-(h) of the Regulation on Distance Contracts, the right of withdrawal cannot be exercised in contracts for services whose performance has begun with the consumer’s consent, and has been fully completed, before the withdrawal period expires.

9.3. This in no way removes the BUYER’s rights in the case of defective performance (Article 11). If the service has not been performed properly, the BUYER may exercise the remedies in Article 11 even after the price has been paid.

9.4. Where work has begun but is stopped before completion at the BUYER’s request, only the price of the portion actually performed is requested.

10. Appointment Cancellation and Changes

10.2. To help us plan, the SELLER kindly asks that cancellations or date changes be sent to +90 540 034 7325 at least 48 hours before the appointment. This is a courtesy request; it creates no binding obligation or financial penalty for the BUYER.

10.3. If the appointment is cancelled or postponed for a reason attributable to the SELLER, the BUYER is informed immediately and a new appointment date of the BUYER’s choosing is arranged.

11. Defective Performance and Warranty

11.1. Where the service is performed defectively, the BUYER may exercise one of the remedies under Articles 13 to 16 of Law No. 6502: re-performance of the service, a price reduction proportionate to the defect, free repair, or rescission of the contract. These rights may also be exercised after the price has been paid.

11.2. The SELLER warrants against defects arising from the application (workmanship). Statements regarding the durability of coating and film products are subject to the relevant manufacturer’s warranty terms and are stated on the relevant service page.

11.3. Damage arising from improper use of the vehicle, accident, chemical contact, intervention by third parties or failure to follow care instructions is outside the scope of the warranty.

12. Refund Terms

12.1. As no advance payment, deposit or down payment is taken under this Agreement, cancelling an appointment or the service not going ahead creates no advance payment to be refunded to the BUYER.

12.2. A refund arises in the following cases:

12.3. Method and timing. Refunds are made to the same payment instrument (card) used by the BUYER, within 14 days at the latest of the request reaching the SELLER or of the refund entitlement being established, at no cost to the BUYER. Depending on the bank, it may take a further 2–10 business days for the amount to appear in the BUYER’s account.

12.4. Requests. Refund requests are sent by e-mail to anil@peakdetailingtr.com or by WhatsApp message to +90 540 034 7325. For the detailed process see the Delivery & Refunds page.

13. Protection of Personal Data

The BUYER’s personal data is processed in accordance with Personal Data Protection Law No. 6698. For details, see our Privacy & KVKK Notice and Cookie Policy.

14. Default

Where the BUYER pays by credit card, the terms of the credit card agreement between the BUYER and the issuing bank apply. If the price is not paid although the work has been completed, the SELLER reserves the right to pursue the debt under general provisions of law.

15. Dispute Resolution

For disputes arising from this Agreement, the BUYER may apply to the Consumer Arbitration Committees at the BUYER’s place of residence or at the place of the transaction, within the monetary limits announced annually by the Turkish Ministry of Trade; above those limits, to the Consumer Courts.

16. Entry into Force

This Agreement consists of 16 articles and enters into force when the BUYER completes payment through the payment link sent to them. The language of the Agreement is Turkish.