IRISLAND DISTANCE SALES AGREEMENT

1. Parties

This distance sales agreement (“Agreement”) is entered into between:

Seller (Irisland):
Trade name: Irisland Büyükada
Mersis no / tax id: 27772910948
Address: Mimarsinan District, Atatürk Boulevard No:1, Atakum / Samsun, Türkiye
Phone: +90 507 645 55 34
Email: irisland.info@gmail.com
Website: www.irislandtr.com

and

Buyer / consumer:
The individual who declares their name, surname, address, phone number and email address on the order screen.

2. Definitions

2.1. Distance Sales Agreement:
A sales agreement concluded without the physical presence of the Parties, through remote communication tools.
2.2. Personalized Product:
A product customized exclusively for the Buyer using the Buyer’s own iris image / biometric data, which is not practically or economically suitable for resale.
2.3. Durable Data Storage:
Email, SMS, PDF, customer panel message box, and similar media.
2.4. Biometric Data:
Personal data obtained from an individual’s physical characteristics and suitable for identity verification; classified as sensitive personal data under the Law on the Protection of Personal Data (KVKK).

3. Subject and Scope of the Agreement

3.1. This Agreement governs the Buyer’s order of Personalized Product(s) produced from the Buyer’s own iris image via the Seller’s website/mobile application, payment of the purchase price, production and delivery of the product by the Seller, and the mutual rights and obligations of the Parties.

3.2. This Agreement shall be interpreted in accordance with Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation.

4. Nature of Products – Proof of “Personalized” Status

4.1. All products offered by Irisland are produced based on the iris image uploaded/provided by the Buyer during the order process.

4.2. Accordingly, such products:

Are not mass-produced and are not shipped from stock,
Are exclusively personalized for the Buyer and unsuitable for sale to third parties,
Cannot be resold or would suffer a substantial loss in value upon return.

4.3. The Buyer acknowledges that this nature of the product constitutes the legal basis for the withdrawal right exception under the Distance Contracts Regulation and that this information was clearly disclosed prior to ordering.

5. Pre-Information and Formation of the Agreement

5.1. Prior to completing the order, the Buyer is informed about the main characteristics of the product, total price, delivery, production time, right of withdrawal and its exception, defective goods procedures, personal data processing, and communication channels.

5.2. By clicking “Confirm Order / Make Payment”, the Buyer acknowledges that the order entails a payment obligation.

5.3. The Agreement is deemed concluded upon confirmation of the order and successful receipt of payment.

6. Order Information

6.1. Product name(s), quantity, unit price, taxes, delivery costs (if any), total amount, and payment method are displayed in the order summary.

6.2. In cases of obvious pricing or system errors, the Seller may correct the error before approval or cancel the order with notification and refund.

7. Pricing, Taxes, and Invoicing

7.1. Prices are inclusive of VAT unless otherwise stated.

7.2. The Seller issues e-Invoices / e-Archive Invoices in accordance with applicable tax legislation.

Delivery of invoices (electronic)
7.2.1. e-Invoice is delivered to the buyer electronically in accordance with applicable legislation.
7.2.2. e-Archive invoice is sent electronically (usually in pdf format) to the email address declared by the buyer during the order process and/or made accessible through the buyer’s customer panel.
Accuracy of buyer information: The buyer is responsible for providing accurate and complete email address, Turkish identity number / tax identification number, address and title information. The buyer shall be responsible for any consequences arising from the inability to deliver the invoice or incorrect issuance of the invoice due to incorrect or incomplete information. Where technically possible, the seller may carry out correction procedures upon the buyer’s request in accordance with applicable legislation.
Request for paper invoice (if applicable): To the extent permitted by legislation, the buyer may request a paper copy of the e-Archive invoice. The seller shall fulfill this request where possible (delivery method: email or courier).
Retention and presentation: Issued invoices and related records are stored in accordance with applicable tax and commercial legislation and are presented to authorized authorities upon request, in compliance with the law.
Access to invoice: If the buyer is unable to access the invoice, the buyer may request re-delivery of the invoice through the seller’s support channels. The seller shall re-share the invoice within technical capabilities.

7.3. The Buyer accepts that invoices may be delivered electronically via email or customer panel.

8. Payment Terms

8.1. Payment methods: Credit Card / Debit Card / Bank Transfer / EFT / Cash.
8.2. Payment infrastructure may be provided by third-party payment service providers. Card data is not stored by the Seller.
8.3. The Seller may request additional verification to prevent fraud or chargeback risks.

9. Production Process

9.1. Production of Personalized Products begins after payment is received.

9.2. The Buyer confirms that the provided iris image belongs to them and that they have authorization to share and process it.

The buyer acknowledges and agrees that:

the image belongs to them,
they have the right and authorization to share and process the image,
the quality and resolution of the image may affect the production outcome.

9.3. Requests for changes may be made within [2 business days] before production starts.

9.4. If the production outcome appears different from expectations due to the quality of the iris image provided by the buyer, the seller’s liability shall be limited, provided that the buyer was informed about the insufficiency of the image prior to placing the order.

10. Teslimat ve Teslim Şartları

10.1. Teslimat adresi, Alıcı’nın sipariş sırasında beyan ettiği adrestir.

10.2. Üretim süresi: [3] iş günü. Üretim süresi, yoğunluk/tedarik/teknik sebeplerle makul ölçüde değişebilir; değişiklik halinde Alıcı bilgilendirilir.

10.3. Kargo firması/taşıyıcı: [DHL Kargo]. Tahmini teslim süresi: [2 iş günü].

10.4. Kargo tesliminde pakette hasar gözlemlenirse Alıcı’nın teslim almadan önce tutanak tutturması önerilir; bu, sonradan ispatı güçlendirdiği için Alıcı’nın yararınadır.

11. Right of Withdrawal – General Rule and Irisland Exception

11.1. Although consumers generally have a 14-day right of withdrawal, exceptions apply under Article 15 of the Distance Contracts Regulation.

11.2. Pursuant to Article 15/1-b, the right of withdrawal does not apply to goods prepared in accordance with the consumer’s personal needs.

11.3. Since all Irisland products are personalized using biometric iris data, the Buyer cannot exercise the right of withdrawal.

11.4. The buyer declares that they have seen and accepted the scope and justification of the exception to the right of withdrawal prior to placing the order, through the product page notices, order summary, and confirmation checkbox.

12. Defective Goods

12.1. The exception to the right of withdrawal does not eliminate cases of defective goods, incorrect production, or damaged delivery. The optional rights granted to consumers in the event of defective goods under Law No. 6502 are expressly reserved.

12.2. The following cases shall not be considered as “withdrawal”, but as defective performance or incorrect performance:

production using an incorrect iris image (seller-related),
printing or production errors, technical defects,
the product being clearly inconsistent with the specifications stated in the order,
damage such as breakage, cracks, dents, or similar occurring during delivery (packaging or cargo-related),
missing parts or incomplete delivery.

12.3. In such cases, Irisland shall first conduct an examination. If the fault is determined to be seller-related, Irisland shall apply one of the following remedies, as appropriate:

free re-production or replacement with a defect-free equivalent, or
refund of the purchase price, or
free repair, where applicable.

The application of these remedies and the allocation of related costs shall be evaluated in accordance with Law No. 6502.

12.4. For the purpose of examination, the buyer may be requested to provide photographs or videos of the product and information on the cargo label on the package. Such a request does not aim to limit consumer rights and is solely for the determination of the dispute.

13. Notification Periods and Proof

13.1. The buyer shall notify the seller of any claim regarding defective, incorrect, or damaged delivery as soon as reasonably possible.

13.2. The buyer’s notification shall include the order number, delivery date, description of the issue, and, where possible, photographs or videos.

13.3. The seller shall notify the buyer of its decision regarding return, re-production, or refund within [2] business days.

14. Return And Exchange Shipping Costs (For Defective Cases)

14.1. If the defective, incorrect, or damaged delivery is caused by the seller, return and exchange shipping costs shall be covered by the seller.

14.2. If re-production is requested due to buyer-related errors (such as uploading an incorrect image, providing an incorrect delivery address, etc.), the related costs and process shall be communicated separately to the buyer.

15. Force Majeure

Events beyond the control of the parties, such as war, natural disasters, fire, epidemic, strike, internet infrastructure failures, or suspension of cargo operations, shall be considered force majeure. In the event of delay in performance due to force majeure, the parties shall not be held liable, and the buyer shall be informed.

16. Personal Data – KVKK Compliance Clause

16.1. The buyer’s personal data (identity, contact, delivery information and iris image) are processed by the seller for the purposes of establishing and performing the order, invoicing, delivery, after-sales support, and fulfillment of legal obligations.

16.2. The iris image constitutes biometric data and is classified as sensitive personal data under the Law on the Protection of Personal Data (KVKK). This data is processed based on the explicit consent obtained through the “Biometric Data Explicit Consent Text” provided below.

16.3. Detailed information is provided in the “KVKK Information Notice”.

17. Commercial Electronic Communications

17.1. The buyer’s consent is obtained for the sending of sms and email messages for campaign, promotion, and newsletter purposes. The buyer may withdraw consent at any time. IYS (Message Management System) procedures shall be applied.

18. Disputes And Jurisdiction

18.1. In disputes arising from consumer transactions, Consumer Arbitration Committees and Consumer Courts shall have jurisdiction.

19. Entry Into Force

19.1. This agreement shall enter into force once the buyer places an order.