DISTANCE SALES AGREEMENT

1.PARTIES

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

  1. BUYER (hereinafter referred to as “BUYER” in the Agreement)
  2. SELLER (hereinafter referred to as “SELLER” in the Agreement)

NAME-SURNAME:

ADDRESS:

By accepting this contract, the BUYER agrees in advance to pay the order amount, delivery fee if any, and any other additional charges such as tax that may apply, and accepts to be informed about the payment obligation upon confirmation of the order.

2.DEFINITIONS

The terms written below will represent the explanations written next to them in the implementation and interpretation of this contract.

MINISTER: Minister of Customs and Trade,

MINISTRY: Ministry of Customs and Trade,

LAW: Law No. 6502 on Protection of the Consumer,

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

SERVICE: The subject of any consumer transaction made or committed to be made for a fee or benefit, other than the provision of goods,

SELLER: The company that provides goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on behalf of the provider,

BUYER: The real or legal person who acquires, uses or benefits from a good or service for non-commercial or professional purposes,

SITE: The internet site owned by the SELLER,

ORDERER: The real or legal person who requests a good or service via the SELLER’s website,

PARTIES: The SELLER and the BUYER,

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

GOODS: Movable property subject to purchase and non-material goods such as software, audio, and video prepared for use in electronic media.

3.SUBJECT

This agreement regulates the rights and obligations of the parties under the Law No. 6502 on Protection of the Consumer and the Distance Contracts Regulation regarding the sale and delivery of the product whose specifications and sales price are stated below, which the BUYER has ordered electronically through the SELLER’s website.

The prices listed and announced on the website are the sales prices. The advertised prices and promises are valid until they are updated or changed. Prices advertised for a limited time are valid until the end of the specified period.

  1. SELLER INFORMATION

Company Name

Address

Phone

Fax

E-mail

  1. BUYER INFORMATION

Person to be delivered

Delivery address

Phone

Fax

E-mail / username

  1. ORDERER INFORMATION

Name / Surname / Title

Address

Phone

Fax

E-mail / username

  1. INFORMATION ABOUT THE PRODUCT/SERVICE SUBJECT TO THE CONTRACT:

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

7.2 The listed and announced prices on the website are the sales prices. The announced prices and promises are valid until updated and changed. Prices announced for a limited time are valid until the end of the specified period.

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

Product Description Quantity Unit Price Subtotal

(Including VAT)

Shipping Fee

Total:

Payment Method and Plan

Delivery address

Delivery person

Billing 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.

  1. INVOICE INFORMATION:

Name/Surname/Title

Address

Telephone

Fax

E-mail/username

Invoice delivery: The invoice will be delivered to the billing address along with the order during the delivery of the order.

  1. GENERAL PROVISIONS

9.1. The BUYER acknowledges, declares, and undertakes that he/she has read and obtained information about the basic characteristics of the product, sale price, payment method, and preliminary information regarding the delivery of the product on the SELLER’s website, and confirms this information electronically. The BUYER accepts and declares that he/she has obtained the correct and complete address, the basic characteristics of the ordered products, the price of the products including taxes, payment and delivery information, which should be given to the BUYER by the SELLER before the distance sales contract is concluded, and confirms this electronically.

9.2. Each product subject to the contract will be delivered to the BUYER or the person/institution designated by the BUYER at the address indicated on the website within the time period specified in the preliminary information section on 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 agrees, declares, and undertakes to deliver the product subject to the contract in full, in accordance with the specifications specified in the order and, if any, with warranty documents, usage instructions, and other necessary information and documents in compliance with the legal requirements, and in accordance with honesty and integrity principles, to maintain and improve the quality of service, to show the necessary care and attention during the performance of the work, and to act with caution and foresight.

9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining explicit approval before the performance obligation arising from the contract expires.

9.5. The SELLER agrees, declares, and undertakes that if it is impossible to perform the contractual obligations regarding the product or service subject to the order, it will notify the consumer in writing within 3 days from the date of learning of this situation and that it will refund the total price to the BUYER within 14 days.

9.6. The BUYER agrees, declares, and undertakes to confirm this Agreement electronically for the delivery of the product subject to the contract and that the obligation of the SELLER to deliver the product subject to the contract will end if the price of the product subject to the contract is not paid for any reason and/or canceled in the bank records.

9.7. If the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution due to the unauthorized use of the credit card of the BUYER by unauthorized persons after the delivery of the product to the BUYER or the person/institution designated by the BUYER at the address indicated on the website, the BUYER agrees, declares, and undertakes to return the product subject to the contract to the SELLER within 3 days at the expense of the SELLER.

9.8. The SELLER agrees, declares, and undertakes that in case of force majeure events such as the occurrence of unforeseeable and unavoidable situations that prevent or delay the performance of the parties’ obligations, the SELLER will notify the BUYER of the situation. The BUYER has the right to request cancellation of the order, replacement of the product with an equivalent product, and/or postponement of the delivery period until the obstacle preventing delivery is eliminated. In case of cancellation of the order by the BUYER, the product price shall be refunded to the BUYER in cash within 14 days for payments made in cash. In case of payments made by credit card, the product price shall be refunded to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER acknowledges and agrees that the period for the amount refunded to the credit card by the SELLER to be reflected in the BUYER’s accounts by the bank may take 2 to 3 weeks on average, and that the delay in this regard is entirely related to the bank’s transaction process, and therefore the BUYER cannot hold the SELLER responsible for possible delays.

9.9. The SELLER has the right to contact the BUYER via letter, e-mail, SMS, telephone call, and other means of communication, marketing, notification, and other purposes through the address, e-mail address, fixed and mobile phone lines, and other contact information specified by the BUYER in the registration form on the website or updated by the BUYER later. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may conduct the communication activities mentioned above to the BUYER.

9.10. The BUYER will inspect the goods/services subject to the agreement before receiving them and will not receive damaged or defective goods/services such as dented, broken, ripped packaging, etc. from the shipping company. The received goods/services shall be deemed undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to the BUYER. If the right of withdrawal will be exercised, the goods/services should not be used, and the invoice must be returned.

9.11. In the event that the holder of the credit card used during the order process is not the same person as the BUYER or if a security vulnerability related to the credit card used in the order is detected before the delivery of the product to the BUYER, the SELLER may request from the BUYER the identity and contact information of the credit card holder, the statement of account for the previous month for the credit card used in the order, or a letter from the bank of the cardholder stating that the credit card belongs to the cardholder. The order will be suspended until the BUYER provides the requested information/documents, and if the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order.

9.12. The BUYER declares and undertakes that the personal and other information provided to the SELLER’s website during registration is accurate and that the BUYER will immediately and fully compensate for all damages that the SELLER may suffer due to the falsity of this information upon the first notification by the SELLER.

9.13. The BUYER agrees and undertakes to comply with the legal regulations while using the internet site of the SELLER and not to violate them. Otherwise, all legal and criminal liabilities arising shall bind solely and exclusively to the BUYER.

9.14. The BUYER shall not use the internet site owned by the SELLER in any way that violates public order, contrary to general morality, disturbing and harassing others, for an unlawful purpose, or infringing the material and spiritual rights of others. Additionally, the member cannot engage in activities that prevent or hinder others from using the services of other members (spam, virus, Trojan horse, etc.).

9.15. Links may be provided on the internet site owned by the SELLER to other websites and/or other content owned and/or operated by third parties that are not under the control of the SELLER. These links are provided to facilitate the direction of the BUYER and do not endorse any website or the person operating the site and do not provide any warranty for the information contained on the linked website.

9.16. The member who violates one or more of the items listed in this agreement shall be personally liable for the legal and criminal consequences of such violation, and shall hold the SELLER harmless from such violations. Additionally, in the event that the incident is brought to the legal arena due to such violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.

  1. RIGHT OF WITHDRAWAL

10.1. BUYER; in case of distance contracts related to the sale of goods, within 14 (fourteen) days from the date of delivery of the product to himself or to the person/organization he has specified, without assuming any legal or criminal liability and without giving any reason, he/she may exercise the right of withdrawal by rejecting the goods from the contract, provided that he/she informs the SELLER. In distance contracts related to service provision, this period starts from the date of signing the contract. In service contracts in which the service has been started with the approval of the consumer before the end of the right of withdrawal period, the right of withdrawal cannot be used. The expenses arising from the exercise of the right of withdrawal shall be borne by the SELLER. The BUYER, by accepting this contract, accepts in advance that he/she has been informed about the right of withdrawal.

10.2. In order to exercise the right of withdrawal, it is necessary to submit a written notification to the SELLER by registered mail, fax or e-mail within the 14 (fourteen) day period and the product must not have been used within the framework of the “Products for Which the Right of Withdrawal Cannot Be Used” provisions specified in this contract. In case this right is exercised;

  1. a) The invoice of the product delivered to the third party or the BUYER must be returned (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the corporation. Return of order returns issued on behalf of corporations cannot be completed without the issuance of a RETURN INVOICE.)
  2. b) Return form,
  3. c) The box of the products to be returned, the packaging, and, if any, the standard accessories, must be delivered complete and undamaged.
  4. d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within a maximum of 10 days from the receipt of the withdrawal notification and to take back the goods within 20 days.
  5. e) If there is a decrease in the value of the goods due to the fault of the BUYER or if it becomes impossible to return the goods, the BUYER is obliged to compensate the losses of the SELLER in proportion to his/her fault. However, the BUYER is not responsible for the changes and deterioration caused by the proper use of the product or goods during the right of withdrawal period.
  6. f) In case the limit amount of the campaign arranged by the SELLER is reduced due to the use of the right of withdrawal, the discount amount benefited within the scope of the campaign will be canceled.
  7. PRODUCTS THAT CANNOT BE RETURNED

Products that are prepared according to the buyer’s request or clearly personalized, underwear bottoms, swimsuit and bikini bottoms, makeup materials, disposable products, goods with the risk of quick spoilage or with the possibility of expiration date after the delivery to the buyer, products which are not suitable for return due to health and hygiene reasons if the packaging is opened by the buyer after delivery, products that are mixed with other products after delivery and are inherently impossible to separate, periodicals such as newspapers and magazines, non-material goods instantly provided via electronic media, or sound or image recordings, books, digital content, software programs, data recording and data storage devices, computer consumables cannot be returned according to the Regulation if the packaging is opened by the buyer. In addition, according to the Regulation, the right of withdrawal for services that have been started with the approval of the consumer before the end of the right of withdrawal period is not possible.

Cosmetic and personal care products, underwear products, swimsuits, bikinis, books, reproducible software and programs, DVDs, VCDs, CDs, and stationery consumables (toner, cartridge, ribbon, etc.) must not have been opened, tried, damaged, or used to be returned.

  1. DEFAULT AND LEGAL CONSEQUENCES

If the buyer defaults on payment made by credit card, the buyer accepts, declares, and undertakes that he/she will pay interest in accordance with the credit card agreement between the cardholder bank and the buyer and will be liable to the bank. In this case, the relevant bank may resort to legal remedies; may demand the expenses and attorney fees from the buyer, and in any case, the buyer accepts, declares, and undertakes to pay the damages incurred by the SELLER due to the buyer’s delayed performance of the debt.

  1. AUTHORIZED COURT

In case of disputes arising from this agreement, complaints and objections will be made to the consumer arbitration committee or the consumer court in the place where the consumer resides or where the consumer transaction is made, within the monetary limits specified in the law below. Information regarding the monetary limits is as follows:

As of 01/01/2017, for applications to consumer arbitration committees for the year 2017, the value:

  1. a) Disputes with a value of less than 2,400 (two thousand four hundred) Turkish Lira will be referred to district consumer arbitration committees,
  2. b) Disputes between 2,400 (two thousand four hundred) Turkish Lira and 3,610 (three thousand six hundred ten) Turkish Lira in metropolitan cities will be referred to provincial consumer arbitration committees,
  3. c) Disputes with a value of less than 3,610 (three thousand six hundred ten) Turkish Lira in the centers of non-metropolitan cities will be referred to provincial consumer arbitration committees,
  4. d) Disputes between 2,400 (two thousand four hundred) Turkish Lira and 3,610 (three thousand six hundred ten) Turkish Lira in districts of non-metropolitan cities will be referred to provincial consumer arbitration committees.

This Agreement is made for commercial purposes.

  1. EFFECTIVENESS

The BUYER is deemed to have accepted all the terms of this agreement when he/she makes the payment for the order placed through the Site. The SELLER is responsible for making 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 placed.