Distance Sales Contract

This English version is provided for information only. In case of any discrepancy, the Turkish version prevails.

This Distance Sales Contract (the “Contract”) is concluded electronically between the Seller and the Buyer specified below, through the “Antiquus” platform (the “Platform”) at antiquus.com.tr, pursuant to Law No. 6502 on Consumer Protection (the “Consumer Protection Law”) and the Distance Contracts Regulation (the “Regulation”). Order-specific information (the Seller’s trade name and tax details, product, quantity, price, shipping fee, total amount, delivery and billing address) is displayed in the “Order Summary” on the order confirmation screen and on the order page; the Order Summary and the Preliminary Information Form form an integral part of this Contract.

1. Parties

Seller: The natural or legal person who has listed the product subject to the order on the Platform and whose trade name, tax office and tax number are specified in the Order Summary. The Seller’s contact details are available in the seller storefront and on the order page.

Buyer: The person who placed the order or won the auction, and whose name, contact and address details appear in the Order Summary.

Intermediary Service Provider: ELBOS PROFESYONEL HASSAS TEKNOLOJİ ÜRÜNLERİ SERVİS VE DANIŞMANLIK HİZMETLERİ LİMİTED ŞİRKETİ (the “Company”). The Company is not the seller party to this Contract; it operates the Platform, collects the price in the Escrow Account on behalf of the Seller and refunds it to the Buyer in the cases specified in this Contract. For products sold by the Company in its own name, the Seller is the Company. The Company’s identification and contact details are set out at the end of this page.

2. Subject matter

The subject matter of the Contract is the determination of the rights and obligations of the parties relating to the sale and delivery of the product, ordered by the Buyer via the “Buy Now” method or won through an auction on the Platform, whose characteristics and sale price are specified in the Order Summary.

3. Product

3.1. The type, essential characteristics, period, condition, dimensions and images of the product and any expert assessment are set out on the product page. Antiques and collectibles are used (second-hand) products; wear, repairs and marks consistent with their age and use are not deemed defects to the extent stated in the product description.

3.2. The expert assessment and estimated value range displayed on the product page are for information purposes; they do not relieve the Seller of liability for defective goods.

4. Price and payment

4.1. Product prices are displayed in Turkish lira and inclusive of taxes. Any shipping fee is specified separately in the Order Summary. The total amount payable by the Buyer is displayed in the Order Summary before the order is confirmed.

4.2. Payment is made only by bank transfer or EFT to the Company Escrow Account specified on the order screen; the order reference code must be entered in the description field. The payment period is displayed on the order screen (72 hours by default). An order not paid within this period is automatically cancelled.

4.3. Payment is confirmed after the Company has matched it against bank records and is held in escrow until the order is concluded. Transfer to the Seller is made after the product has been delivered and the withdrawal period and any dispute process have ended.

4.4. The invoice for the product is issued by the Seller and sent to the Buyer.

5. Delivery

5.1. After payment has been confirmed, the product is carefully packaged by the Seller and sent by carrier to the delivery address in the Order Summary. The carrier and tracking number are displayed on the order page. Delivery is made only to addresses in Türkiye.

5.2. The delivery period may not exceed 30 days from the conclusion of the contract. If the Seller realises that it will be unable to deliver the product within this period, it notifies the Buyer; the Buyer may terminate the contract, in which case the full amount paid is refunded within 14 days at the latest from the notice of termination.

5.3. The Seller is liable for loss and damage occurring until the product is delivered to the Buyer or to a person designated by the Buyer. The Buyer is advised not to accept a shipment that is clearly damaged at the time of delivery, or to have the courier draw up a damage report.

5.4. If the delivery address is missing for a product won at auction, the Buyer completes the address from the order page; the product cannot be prepared until the address is completed.

6. Right of withdrawal

6.1. A Buyer who is a Consumer has the right to withdraw from the contract within 14 days from the date of receipt of the product without giving any reason and without paying any penalty. The right of withdrawal may also be exercised before delivery of the product. This right applies equally to orders placed via “Buy Now” and to sales concluded through an auction. Buyers acting for commercial or professional purposes (who are not Consumers) may not benefit from the right of withdrawal.

6.2. The right of withdrawal is exercised within the period using the “Use my right of withdrawal” function on the order page, or by written notice (e-mail, KEP or post) addressed to the Company or the Seller. It is sufficient for the notice to be sent within the period. The notice may also be given using the model withdrawal form annexed to the Preliminary Information Form.

6.3. Within 10 days of the withdrawal notice, the Buyer returns the product to the Seller in the condition in which it was received, together with its invoice, documents and accessories, if any. The carrier to be used for the return shipment and the shipping information are communicated to the Buyer; the cost of a return shipment made with this carrier is borne by the Seller.

6.4. The full amount paid, including the shipping fee, is refunded by bank transfer to the bank account registered in the Buyer’s own name as notified by the Buyer, within 14 days at the latest from the date on which the withdrawal notice is received, without imposing any cost or obligation on the Buyer.

6.5. The Buyer is liable for changes and deterioration in the product resulting from use of the product during the withdrawal period other than its ordinary use and inspection. Owing to the nature of antiques and collectibles, cleaning, repairing, restoring or altering the product is not considered ordinary use.

6.6. In the cases listed in Art. 15 of the Regulation (for example, products prepared in line with the Buyer’s requests or personal needs), the right of withdrawal cannot be exercised; products to which this exception applies are separately indicated on the product page and in the Preliminary Information Form.

7. Defective products and the Buyer’s optional rights

If the product does not conform to the contract (is defective), the Buyer may, pursuant to Art. 11 of the Consumer Protection Law, exercise against the Seller one of the following rights: withdrawal from the contract, a reduction in the sale price, replacement of the product with a defect-free equivalent (which may not be applicable to antiques and unique works, as no equivalent exists), or, where possible, free repair. The defect is notified to the Seller and the Company by opening a dispute from the order page or by written notice. Limitation periods and other rights relating to defects are subject to the provisions of the Consumer Protection Law.

8. Disputes and escrow

After the product has been shipped, if the product does not conform to the advertised characteristics, arrives damaged or is not delivered, the Buyer may open a dispute from the order page. For the duration of the dispute, the price is held in escrow; the Company, after hearing the parties, decides whether the price is to be transferred to the Seller or refunded to the Buyer. This process does not limit the Buyer’s statutory rights and avenues of recourse.

9. Cancellation of the order

The Buyer may cancel a “Buy Now” order from the order page before submitting a payment notification. After the payment notification has been submitted, the Buyer’s withdrawal from the contract is subject to the provisions on the right of withdrawal. If the Seller is unable to perform the order for reasons such as stock availability or the product ceasing to be fit for sale, the Company cancels the order and the amount paid is refunded within 14 days at the latest.

10. Personal data

The Buyer’s personal data is processed in accordance with the KVKK Information Notice. The Seller uses the name, telephone and delivery address information shared with it for the performance of the order solely for that purpose.

11. Dispute resolution

The Buyer may submit complaints and objections to the Seller, to the Company (contact details below) or, within the monetary limits announced each year by the Ministry of Trade, to the Consumer Arbitration Committee at their place of residence or the place where the transaction was carried out, and, for disputes exceeding these limits, to the Consumer Court. The provisions on mandatory application to a mediator before filing a lawsuit in the Consumer Court are reserved.

12. Entry into force

Before confirming the order or submitting their first bid in an auction, the Buyer reads and electronically accepts this Contract and the Preliminary Information Form. The Contract is concluded upon confirmation of the order or upon the auction concluding in the Buyer’s favour. The Contract and the Order Summary are stored on the order page in the Buyer’s account and are sent to the Buyer’s e-mail address upon creation of the order.