Distance Sales Agreement
1. Parties
1.1. This Distance Sales Agreement (“the Agreement”) is entered into in electronically between the Organisation of Islamic Cooperation - the Research Centre for Islamic History, Art and Culture (“IRCICA”), having its postal address at: “Hocapaşa Mah. Alemdar Cad. No:15 Bab-ı Ali Entrance Cağaloğlu 34110 Fatih/İstanbul-Türkiye”, and with Telephone Number: +90 212 402 00 00 and e-mail address “info@ircica.org”; and the BUYER whose is information is provided below on the other side, with the free will of the Parties under the terms and conditions specified below.
Name and Surname :
Republic of Türkiye Identity No (TC No)/ Country name . :
Address :
Telephone No :
E-mail :
1.2. IRCICA and the BUYER are referred to individually as the “Party”, and together as the “Parties” within the scope of this Agreement.
2. Subject
The subject of the Agreement is for the BUYER to place orders electronically through the website with the extension www.ircica.org ("the Website") where the publications of IRCICA are offered for sale, and the identification of the rights and obligations of the Parties within the framework of the Law No. 6502 on Consumer Protection (“Consumer Protection Law”) and the Regulation on Distance Contracts (“the Regulation”) are provided.
3. The Moment of the Establishment of the Agreement
This Agreement shall be deemed to have been established between the BUYER and IRCICA once the BUYER follows the purchase procedures on the Website related to the sales and purchase process, clicks the 'Confirm Payment' option, and after that, upon the confirmation email indicating that the order has been received and accepted is received by the BUYER at the email address that he/she provided.
4. Matters of Which the Buyer has been Informed in Advance
4.1. The BUYER acknowledges and declares that he/she has reviewed, read, and understood the explanations on the Website, and that he/she has been provided with necessary information regarding the following matters prior to the establishment of this Agreement:
i. The essential qualities of the publication, which is the subject of the Agreement;
ii. The trade title, contact information, and current introductory information of IRCICA;
iii. The total price of the publication, inclusive of all taxes; and if the price cannot be calculated in advance due to the nature of the item, the method of calculation; all transportation, delivery, and similar additional expenses, if any; and if such expenses cannot be calculated in advance, the information that additional costs may be paid.
4.2. The BUYER acknowledges and undertakes that he/she shall be responsible for any and all damages and losses incurred by IRCICA or third parties due to the inaccuracy or deficiency of the information provided by themselves or failure to transmit it on time.
5. The Subject Matter Publication and Its Information
5.1. The publications and their essential qualities are available on the website.
5.2. The prices listed and advertised are the selling price. The advertised prices and promises remain valid until updated or changed. Prices announced for a period of time are valid until the end of the specified period.
5.3. The price of the publication, which is the subject matter of the Agreement, including all taxes, is as follows:
Publication Name | Publication Price | Quantity | Shipping Fee | Total |
Grand Total |
5.4. The invoice shall be issued in the name of the BUYER following the electronic confirmation of this Agreement and processing of such confirmation by IRCICA, and then shall be sent to the email address provided in the invoice information.
6. General Provisions
6.1. The BUYER acknowledges, declares, and undertakes that he/she has read all the information regarding the publications’ essential qualities, selling price, payment method, and delivery provided on the Website, and that he/she is informed, and he/she has given the necessary confirmation electronically.
6.2. The Publication shall be delivered to the address specified by the BUYER in the Agreement. Such address may not be changed once the order, the subject matter of the Agreement, is transmitted to IRCICA. Even if the BUYER is not present at the delivery address at the time of delivery, the order may still be delivered to the address specified in the Agreement. If there is no one present at this address to receive the delivery, any damage arising from the delayed or non-receipt of the publication is the responsibility of the BUYER.
6.3. The BUYER acknowledges, declares, and undertakes that he/she will electronically confirm this Agreement for the delivery of the publication, that is the subject matter of the Agreement, and that IRCICA’s obligation to deliver the publication in question shall cease in the event of non-payment of the publication price for any reason and/or cancellation in bank or financial institution records.
6.4. After the delivery of the publication, the subject matter of the Agreement, to the BUYER or to the individual and/or organization indicated by the BUYER at the specified address, if the price of the publication is not paid to IRCICA by the relevant banks or financial institutions as a result of an unauthorised use of the BUYER’s credit card, the BUYER acknowledges, declares, and undertakes to make a renewed payment of the publication price to IRCICA within 3 days.
6.5. In the event that IRCICA is unable to deliver the publication, the subject matter of the Agreement, on time due to Force Majeure conditions as specified in Article 9 of this Agreement, IRCICA acknowledges, declares, and undertakes to notify the BUYER of the situation. The BUYER then retains the right to request IRCICA to cancel the order, replace the publication with an equivalent if available, and/or to postpone the delivery period until the hindering circumstances are resolved.
6.6. After receiving the publication, the BUYER shall inspect the publication, the subject matter of the Agreement, before accepting it; if the package of the goods is torn etc., or if the goods are damaged or defective, the BUYER shall not receive them from the courier company. The publication accepted shall be deemed to be in good condition and undamaged.
6.7. If the BUYER and the holder of the credit card used during the order are not the same person or if any security vulnerability regarding the credit card used for the order is detected before the delivery of the publication to the BUYER, IRCICA may request the BUYER to provide identity and communication information of the credit card holder, or submit a letter from the cardholder's bank stating that the credit card belongs to themselves. The order shall be suspended until the time it takes for the BUYER to provide the requested information/documents, and in the event that the request in question is not satisfied in 24 (twenty-four) hours, IRCICA reserves the right to cancel the order.
7. Protection of Personal Data
7.1. Name, surname, e-mail address, telephone number, TR ID No, country of citizenship , credit card information, order information belonging to the BUYER, which may be defined as personal data within the scope of the Law No. 6698 on the Protection of Personal Data, may be recorded, stored, used, updated, shared, and processed by other means for the purpose of receiving order, offering publication and services, improving services, resolving system-related problems, carrying out payment transactions, updating the BUYER’s information, managing subscriptions, and fulfilling the distance sales agreement established between IRCICA and the BUYER as well as other agreements. The BUYER has been informed through the user information document that his/her personal data in this Agreement and on www.ircica.org may, in this context, be processed.
7.2. Necessary measures for the security of transactions and information uploaded by the BUYER to www.ircica.org have been taken by IRCICA within its own system infrastructure to the extent of its current technical facilities, to commensurate with the nature of the information and transactions. On the other hand, since such information is uploaded by the devices belonging to the BUYER, the responsibility to take necessary measures to protect them and to prevent unauthorised access, including those related to viruses and similar malicious applications, lies with the BUYER.
7.3. The BUYER may request the cessation of data processing at any time by contacting through the communication channels specified on the Website. Upon the BUYER's explicit request in this regard, personal data processing shall be terminated within the legal maximum period, and if the BUYER wishes, except for those that are required by the law and/or possible, the data is either deleted from the registration system or made anonymous in such a way that it cannot be identified. If the BUYER wishes, he/she can always apply to IRCICA and obtain information regarding the issues such as the processes related to the processing of his/her personal data, the persons with whom the data has been transferred, correction in case of deficiencies or inaccuracies, notification of the corrected information to relevant persons, the erase or destruction of data, objection to any adverse consequences arising from the analysis of data with automatic systems, and compensation in case of harm due to unlawful processing of data. The applications in question shall be reviewed and the BUYER shall receive a response in the legal timeframe stipulated by the legislation.
8. Default and Legal Consequences
The BUYER acknowledges, declares, and undertakes that in case of default in transactions made with a credit card, he/she will be liable to the bank and to pay interest within the framework of the credit card Agreement between themselves and the card-issuing bank. In this case, the relevant bank may have recourse to legal remedies, and claim potential costs to arise and attorney’s fees from the BUYER; and in the event that the BUYER defaults due to his/her dept or his/her own fault or negligence, he/she shall, in all circumstances, compensate any and all damages IRCICA incurs as a result of the delayed performance of the debt.
9. Force Majeure
9.1. Events that are non-existing or unforeseeable at the time of approval of the Agreement, that emerge beyond the control of the parties, and, by their very occurrence, partially or completely hinder one or both Parties from being able to fulfil their obligations and responsibilities under the Agreement or fulfil them in due time; including but not limited to natural disasters, war, terrorism, riots, changes in legislation, confiscation, strikes, lockouts, significant breakdowns in production and communication facilities, and similar circumstances, shall be accepted as force majeure within the scope of this Agreement. The Party affected by force majeure shall immediately notify the other party of the situation in writing. During the force majeure event, neither Party shall be held liable for their inability to perform their obligations.
9.2. If the force majeure event continues for a period of 15 (fifteen) days, each Party shall have the unilateral right to terminate the Agreement. At this point, IRCICA and the BUYER may not make any claims against each other.
10. Privacy
The Parties are obligated to maintain the confidentiality of each other's information, acquired for the purpose of performing the services specified in this Agreement or benefiting from these services, both during the Agreement's term and for the period stipulated by relevant legislation after its termination, not to disclose it to third parties, except when legally obligated, take necessary precautions regarding this, and not to use it for purposes other than the purpose this Agreement.
11. Notifications and Evidence Agreement
The BUYER acknowledges and commits that IRCICA's records shall constitute binding, conclusive, and exclusive evidence in the resolution of any dispute arising from or related to this Agreement and/or its implementation, and that this provision shall be considered as an evidence agreement within the meaning of Article 193 of the Turkish Code of Civil Procedure No. 6100.
12. Resolution of Disputes
The Parties acknowledge, declare, and undertake that in disputes arising from the implementation and interpretation of this Agreement, jurisdiction shall lie with the Consumer Arbitration Committees at the BUYER’s and IRCICA’s places of residence if the dispute falls within the monetary limits set by the Ministry of Trade in accordance with Article 68, Paragraph 1 of the Consumer Protection Law of the Republic of Turkiye; and if the amount subject to dispute exceeds these limits, the competent authority shall be Consumer courts.
13. Effectiveness
This Agreement, consisting of 13 (thirteen) articles, has been established by the approval of the BUYER in electronic environment on the date of approval of the payment made by the BUYER for the order placed on www.ircica.org and entered into force on the same day.