Distance Sales Contract

1. PARTIES

This Contract has been signed between the parties below within the framework of the provisions and conditions specified below.

‘BUYER’; (hereinafter referred to as “BUYER” in this contract)

NAME-SURNAME:

ADDRESS:

‘SELLER’; (hereinafter referred to as “SELLER” in this contract)

NAME-SURNAME:

ADDRESS:

By accepting this contract, the BUYER acknowledges in advance that they will be obligated to pay the price of the order, including any shipping costs, taxes, and other additional fees, if the order is confirmed, and that they have been informed about this.

2. DEFINITIONS

In the implementation and interpretation of this contract, the terms written below will express the explanations next to them.

MINISTER: The Minister of Customs and Trade,

MINISTRY: The Ministry of Customs and Trade,

LAW: The Consumer Protection Law No. 6502,

REGULATION: The Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),

SERVICE: Any consumer transaction that involves providing goods, which is performed or promised for a fee or benefit,

SELLER: The company that offers goods to the consumer within the framework of its commercial or professional activities, or acts on behalf of or for the account of the seller,

BUYER: The individual or legal entity that acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,

SITE: The website owned by the SELLER,

ORDERER: The individual or legal entity requesting a good or service through the SELLER’s website,

PARTIES: The SELLER and the BUYER,

CONTRACT: This contract concluded between the SELLER and the BUYER,

GOOD: The movable property that is the subject of the sale and the software, sound, image, and similar intangible goods prepared for use in an electronic environment.

3. SUBJECT

This Contract regulates the rights and obligations of the parties in relation to the sale and delivery of the product that the BUYER orders electronically through the SELLER’s website, with the qualities and sales price specified below, in accordance with the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts.

The prices listed and announced on the site are the sale prices. The announced prices and promises are valid until they are updated or changed. Prices announced for a limited time are valid until the specified deadline.

4. SELLER INFORMATION

Title

Address

Phone

Fax

Email

5. BUYER INFORMATION

Person to be delivered to

Delivery Address

Phone

Fax

Email/Username

6. ORDERER’S PERSONAL INFORMATION

Name/Surname/Title

Address

Phone

Fax

Email/Username

7. PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT INFORMATION

1.The basic features of the goods/products/services (type, quantity, brand/model, color, number) are published on the SELLER’s website. If the seller has organized a campaign, you can examine the basic features of the relevant product during the campaign period. This is valid until the campaign date.

7.2. The prices listed and announced on the site are the sale prices. The announced prices and promises are valid until they are updated or changed. Prices announced for a limited time are valid until the specified deadline.

7.3. The total sales price of the goods or services subject to the contract, including all taxes, is shown below.

Product Description

Quantity

Unit Price

Subtotal (Including VAT)

Shipping Fee

Total:

Payment Method and Plan

Delivery Address

Person to be Delivered to

Invoice Address

Order Date

Delivery Date

Delivery Method

7.4. The shipping cost, which is the cost of product shipment, will be paid by the BUYER.

8. INVOICE INFORMATION

Name/Surname/Title

Address

Phone

Fax

Email/Username

Invoice delivery: The invoice will be delivered together with the order to the invoice address during the order delivery.

9. GENERAL PROVISIONS

9.1. The BUYER accepts, declares, and undertakes that they have read the basic characteristics of the product, sales price, payment method, and preliminary information regarding delivery on the SELLER’s website. The BUYER acknowledges, declares, and undertakes that they have obtained the address to be provided by the SELLER to the BUYER before the conclusion of the distance sales contract, the basic characteristics of the ordered products, the prices including taxes, and the payment and delivery information accurately and completely.

9.2. Each product subject to the contract will be delivered to the BUYER or the person and/or organization indicated by the BUYER at the address specified on the website within the timeframe stated in the preliminary information section of the website, provided that it does not exceed the legal period of 30 days, depending on the distance of the BUYER’s residence. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.

9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the contract completely, in accordance with the characteristics specified in the order, and with the warranty documents, user manuals, and any other information and documents required by law, in a manner that is free of defects, compliant with standards, performed with due diligence and care, and with an aim to maintain and enhance service quality.

9.4. The SELLER may provide a different product of equal quality and price by informing the BUYER and obtaining explicit consent before the expiration of the contractual performance obligation.

9.5. If the performance of the obligations under the contract becomes impossible, the SELLER accepts, declares, and undertakes that they will notify the consumer in writing within 3 days of learning of this situation and will refund the total amount to the BUYER within 14 days.

9.6. The BUYER accepts, declares, and undertakes that they will confirm this contract electronically for the delivery of the product subject to the contract and that in the event of non-payment of the price of the product for any reason and/or cancellation in bank records, the SELLER’s obligation to deliver the product will cease.

9.7. The BUYER accepts, declares, and undertakes that if the credit card belonging to them is used unlawfully by unauthorized persons after the delivery of the product to the BUYER or the person and/or organization indicated by the BUYER, and if the price of the product is not paid to the SELLER by the relevant bank or financial institution, the BUYER will return the product to the SELLER within 3 days, with the shipping cost to be borne by the SELLER.

9.8. If the SELLER cannot deliver the product within the stipulated period due to force majeure events such as unforeseen situations that develop outside the will of the parties, preventing or delaying the fulfillment of the obligations, they accept, declare, and undertake to inform the BUYER. The BUYER has the right to request the cancellation of the order, to change the product with an equivalent if available, and/or to postpone the delivery until the force majeure situation has been resolved. In the event of cancellation of the order by the BUYER, the amount paid in cash by the BUYER will be refunded in cash and in full within 14 days. If the payment was made by credit card, the amount will be refunded to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER acknowledges, declares, and undertakes that the average duration of the refund process to the BUYER’s account after the amount has been returned to the bank may take 2 to 3 weeks, and that any delays in this process are solely related to the bank’s processing, thus the BUYER cannot hold the SELLER responsible for any potential delays.

9.9. The SELLER has the right to communicate with the BUYER through mail, email, SMS, phone calls, and other means using the address, email address, landline and mobile phone numbers, and other contact information provided by the BUYER in the site registration form or updated later for communication, marketing, notification, and other purposes. By accepting this contract, the BUYER acknowledges and declares that the SELLER may engage in the above-mentioned communication activities towards them.

9.10. The BUYER will inspect the product/service before receiving it; they will not accept any damaged or defective products/services from the cargo company, such as those that are dented, broken, or have torn packaging. The delivered product/service will be considered undamaged and intact. The responsibility for careful protection of the product/service after delivery lies with the BUYER. If the right of withdrawal is to be used, the product/service should not be used. The invoice must be returned.

9.11. If the credit card holder used during the order is not the same person as the BUYER or if a security breach is detected regarding the credit card used for the order before the product is delivered to the BUYER, the SELLER may request the BUYER to provide identity and contact information related to the credit card holder, a statement from the bank confirming the credit card belongs to the cardholder, or a previous month’s statement for the credit card used in the order. The order will be suspended until the BUYER provides the requested information/documents, and if these requests are not met within 24 hours, the SELLER reserves the right to cancel the order.

9.12. The BUYER declares and undertakes that the personal and other information provided while registering on the SELLER’s website is accurate and that they will compensate all damages that the SELLER may incur due to the inaccuracy of this information immediately, in cash and at once, upon the SELLER’s first notification.

9.13. The BUYER accepts and undertakes from the outset to comply with the provisions of the legal regulations while using the SELLER’s website and not to violate them. Otherwise, all legal and criminal liabilities arising will be entirely and exclusively binding on the BUYER.

9.14. The BUYER may not use the SELLER’s website in any way that disrupts public order, is contrary to general morality, disturbs and harasses others, or for illegal purposes that infringe on the material and moral rights of others. Additionally, they cannot engage in activities that prevent or complicate other members from using the services (such as spam, viruses, Trojan horses, etc.).

9.15. Links may be provided on the SELLER’s website to other websites and/or content owned and/or operated by third parties that are not under the SELLER’s control. These links are placed for the convenience of the BUYER and do not support any website or the person operating that site, nor do they provide any guarantee regarding the information contained on the linked website.

9.16. A member who violates one or more of the provisions listed in this agreement shall be personally responsible for this violation, both criminally and legally, and shall keep the SELLER free from the legal and criminal consequences of these violations. Additionally, in the event that this violation is referred to legal action, the SELLER reserves the right to claim damages from the member due to non-compliance with the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1. The BUYER may exercise their right of withdrawal from the contract without any legal or criminal liability and without providing any reason within 14 (fourteen) days from the date of delivery of the product to themselves or to the person/institution they designated, provided they notify the SELLER. In distance contracts concerning service provision, this period begins from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the service has begun with the consumer’s approval before the withdrawal period has expired. The costs arising from the use of the right of withdrawal shall be borne by the SELLER. By accepting this agreement, the BUYER acknowledges that they have been informed about the right of withdrawal.

10.2. To exercise the right of withdrawal, it is essential that the BUYER sends a written notification to the SELLER via registered mail, fax, or e-mail within 14 (fourteen) days and that the product has not been used in accordance with the provisions of this agreement regarding “Products for which the Right of Withdrawal Cannot Be Used.” In the event of exercising this right:

a) The invoice of the product delivered to the third party or the BUYER (if the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution while returning. Returns of orders invoiced on behalf of institutions cannot be completed unless a RETURN INVOICE is issued).

b) Return form.

c) The products to be returned must be delivered complete and undamaged, along with their box, packaging, and standard accessories, if any.

d) The SELLER is obliged to return the total amount and any documents that obligate the BUYER to the BUYER within a maximum of 10 days from the date the withdrawal notification reaches them and to accept the returned product within 20 days.

e) If there is a decrease in the value of the product due to a reason arising from the BUYER’s fault, or if the return becomes impossible, the BUYER is obliged to compensate the SELLER for its damages in proportion to the fault. However, the BUYER is not responsible for changes and deterioration that occur due to proper use of the product during the right of withdrawal period.

f) If the withdrawal right is used, the discount amount utilized under the campaign conducted by the SELLER will be canceled if it falls below the limit amount established by the campaign.

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

Products prepared at the request of the BUYER or clearly according to personal needs, that are not suitable for return, such as innerwear, swimsuits and bikini bottoms, makeup products, disposable products, goods that may spoil quickly or have a risk of expiration, products whose packaging has been opened by the BUYER after delivery, products that cannot be separated due to being mixed with other products after delivery, periodicals such as newspapers and magazines unless provided under a subscription agreement, services performed instantly in electronic environments or intangible goods delivered immediately to the consumer, and the return of sound or video recordings, books, digital content, software programs, data recording and storage devices, computer consumables, if their packaging has been opened by the BUYER, cannot be returned as per the Regulation. Moreover, the use of the right of withdrawal for services that have begun with the consumer’s consent before the expiration of the withdrawal right period is also not possible according to the Regulation.

Cosmetic and personal care products, innerwear products, swimsuits, bikinis, books, reproducible software and programs, DVDs, VCDs, CDs, and cassettes, as well as stationery consumables (toners, cartridges, ribbons, etc.) must be unopened, unused, undamaged, and not tried in order to be returned.

12. DEFAULT AND LEGAL CONSEQUENCES

If the BUYER defaults on payment when making payments with a credit card, they accept, declare, and undertake that they will pay interest under the credit card agreement with the bank and will be responsible to the bank. In this case, the relevant bank may take legal action; it may request the arising costs and attorney fees from the BUYER, and in any case, if the BUYER defaults due to their debt, the BUYER accepts, declares, and undertakes to pay the damages incurred by the SELLER due to the delayed performance of the debt.

13. COMPETENT COURT

Complaints and objections arising from this contract will be made to the Consumer Arbitration Committee or Consumer Court located in the consumer’s residence or where the consumer transaction was made, within the monetary limits specified in the law. Information regarding the monetary limit is as follows:

Effective from 28/05/2014:

a) According to Article 68 of the Law No. 6502 on the Protection of Consumers, disputes with a value of less than 2,000.00 (two thousand) TL will be referred to district consumer arbitration committees.

b) Disputes with a value of less than 3,000.00 (three thousand) TL will be referred to provincial consumer arbitration committees.

c) In provinces with metropolitan status, disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL will be referred to provincial consumer arbitration committees. This Agreement is made for commercial purposes.

14. ENTRY INTO FORCE

When the BUYER makes the payment for the order placed through the Site, they are deemed to have accepted all the terms of this agreement. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this agreement has been read and accepted by the BUYER on the site before the order is completed.

SELLER:

BUYER:

DATE: