DISTANCE SALES AGREEMENT

Distance Sales Contract

DISTANCE SALES CONTRACT

1. PARTIES

This Contract has been concluded between the following parties under the terms and conditions stated below.

“BUYER” (hereinafter referred to as the “BUYER”) Name - Surname: Address:

“SELLER” (hereinafter referred to as the “SELLER”) Name - Surname: Address:

By accepting this contract, the BUYER acknowledges and agrees in advance that if the BUYER approves the order subject to the contract, the BUYER will be obliged to pay the price of the ordered product(s), as well as any additional charges such as shipping fees and taxes, if applicable, and that the BUYER has been informed about these obligations.

2. DEFINITIONS

For the application and interpretation of this contract, the terms listed below shall have the meanings stated 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 Distance Contracts Regulation (Official Gazette: 27.11.2014/29188)

SERVICE: Refers to all kinds of consumer transactions other than providing goods, which are carried out or promised to be carried out in return for a fee or benefit.

SELLER: The company acting within the scope of its commercial or professional activities, offering goods to the consumer, or acting on behalf of or in the name of the party offering the goods.

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

SITE: The Seller’s website.

ORDER PLACER: Any natural or legal person who requests a good or service from the Seller’s website.

PARTIES: The SELLER and the BUYER

CONTRACT: This contract concluded between the SELLER and the BUYER

GOODS: Refers to movable goods subject to shopping, as well as software, audio, video and other intangible items prepared for use in electronic form.

3. SUBJECT

This Contract regulates the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers No. 6502 and the Regulation on Distance Contracts concerning the sale and delivery of the product, the characteristics and the sales price of which are specified below, and which the BUYER has ordered electronically via the SELLER’s website.

The prices listed and announced on the site are the sales prices. The announced prices and promises remain valid until updated and changed. The time-limited announced prices remain valid until the end of the specified period.

SELLER INFORMATION
Title:
Address:
Phone:
Fax:
Email:

BUYER INFORMATION
Person to be delivered to:
Delivery Address:
Phone:
Fax:
Email/username:

ORDER PLACER INFORMATION
Name/Surname/Title:
Address:
Phone:
Fax:
Email/username:

INFORMATION ON THE PRODUCT(S) SUBJECT TO THE CONTRACT
The main features (type, quantity, brand/model, color, number) of the goods/services are published on the SELLER’s website. If the SELLER has organized a campaign, you can review the main features of the relevant product during the campaign period. It is valid until the campaign date.

7.2. The prices listed and announced on the site are sales prices. These announced prices and promises remain valid until they are updated and changed. The time-limited announced prices remain valid until the end of the specified period.

7.3. The total inclusive price of the contracted goods or services including all taxes is shown below.

Product Description | Quantity | Unit Price | Subtotal (incl. VAT)
Shipping Fee
Total:

Payment Method and Plan:
Delivery Address:
Recipient:
Invoice Address:
Order Date:
Delivery Date:
Delivery Method:

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

8. INVOICE INFORMATION
   Name/Surname/Title:
   Address:
   Phone:
   Fax:
   Email/username:
   Invoice delivery: The invoice will be delivered to the invoice address along with the order at the time of delivery.

GENERAL TERMS

9.1. The BUYER declares that the BUYER has read, is aware of, and electronically confirmed the preliminary information about the product’s basic features, sales price, payment method, and delivery on the SELLER’s website. By confirming the Preliminary Information electronically, the BUYER accepts, declares, and undertakes that before entering into a distance sales contract, the BUYER has obtained the correct and complete address that the SELLER should provide to the BUYER, the basic features of the ordered products, the price of the products including taxes, and the payment and delivery information.

9.2. Each product under the contract shall be delivered to the BUYER or the person/organization indicated by the BUYER at the address provided within the time frame specified in the preliminary information on the website, depending on the BUYER’s place of residence, without exceeding the legal limit of 45 days. If the product cannot be delivered to the BUYER within this period, the BUYER retains the right to terminate the contract.

9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the contract fully, in accordance with the characteristics specified in the order, along with any documentation such as warranty certificates, user manuals as required, free from any defects, in compliance with legal regulations, in accordance with the principles of truthfulness and honesty, to maintain and improve service quality, to exercise necessary care and diligence during performance, and to act with foresight and prudence.

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

9.5. If the SELLER cannot fulfill the contractual obligations due to the impossibility of delivering the ordered product or service, the SELLER accepts, declares, and undertakes to inform the consumer in writing within 3 days of discovering this situation and to refund the total price to the BUYER within 14 days.

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

9.7. The BUYER accepts, declares, and undertakes that if the product is delivered to the BUYER or the person/organization indicated by the BUYER, and after this delivery the relevant bank or financial institution does not pay the product price to the SELLER due to unauthorized use of the BUYER’s credit card by unauthorized persons, the BUYER shall return the product to the SELLER within 3 days at the SELLER’s expense.

9.8. The SELLER accepts, declares, and undertakes that if there are force majeure events that occur outside the control of the parties, which could not have been foreseen in advance and which prevent and/or delay the parties from fulfilling their obligations, and thus the product cannot be delivered on time, the SELLER will inform the BUYER of this situation. The BUYER has the right to request the cancellation of the order, the replacement of the product with an equivalent one if available, and/or the postponement of the delivery period until the obstructing circumstance disappears. In the event that the order is canceled by the BUYER, in case of payments made by the BUYER in cash, the product amount shall be returned in full within 14 days from cancellation. For payments made by the BUYER with a credit card, the product amount shall be returned to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER accepts, declares, and undertakes that since the reflection of the amount returned by the SELLER to the credit card into the BUYER’s accounts after the return to the bank may take an average of 2 to 3 weeks, the BUYER cannot hold the SELLER responsible for possible delays as this process is completely related to the banking process.

9.9. The SELLER has the right to communicate with the BUYER via letter, email, SMS, phone calls, and other means through the address, email address, fixed and mobile phone lines, and other contact details provided by the BUYER in the registration form on the site or updated by the BUYER at a later date for communication, marketing, notifications, and other purposes. By accepting this contract, the BUYER accepts and declares that the SELLER may conduct the above-mentioned communication activities towards the BUYER.

9.10. The BUYER will inspect the goods/service subject to the contract before taking delivery; will not receive any damaged and defective goods/services such as dented, broken, or torn packaging from the cargo company. The delivered goods/services will be considered undamaged and intact. After delivery, the BUYER is responsible for the careful protection of the goods/services. If the right of withdrawal is to be used, the goods/services must not be used. The invoice must be returned.

9.11. If the credit card used during the order does not belong to the BUYER, or if a security vulnerability is detected regarding the credit card before the product is delivered to the BUYER, the SELLER may request the BUYER to submit the ID and contact details of the credit card holder, the statement of the credit card used for the previous month or a letter from the cardholder’s bank stating that the credit card belongs to the buyer. The order will be frozen 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 while becoming a member of the SELLER’s website is truthful, and that the BUYER shall indemnify all damages of the SELLER immediately, in cash, and in full upon the SELLER’s first notification due to the inaccuracy of this information.

9.13. The BUYER agrees and undertakes in advance to comply with legal regulations while using the SELLER’s website and not to violate them. Otherwise, all legal and criminal liabilities that may arise shall fully and exclusively bind the BUYER.

9.14. The BUYER may not use the SELLER’s website in any manner that disrupts public order, goes against general morality, disturbs and harasses others, for unlawful purposes, or in a way that violates the material and moral rights of others. Furthermore, members cannot engage in activities (such as spam, viruses, trojans, etc.) that prevent or complicate others’ use of the services.

9.15. On the SELLER’s website, links may be provided to other websites and/or other content not under the control of the SELLER and/or owned or operated by third parties. These links are placed for the convenience of the BUYER and do not constitute any kind of endorsement of the website or the person operating that site, nor do they represent a guarantee of the information contained within the linked website.

9.16. The member who violates one or more of the articles listed in this contract shall be personally liable for any criminal or legal responsibility arising from such violations, keeping the SELLER free from the legal and criminal consequences of these violations. Also, if the event is brought into the legal realm due to this violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.

RIGHT OF WITHDRAWAL

10.1. If the distance contract relates to the sale of goods, the BUYER may exercise the right to withdraw from the contract by refusing the goods within 14 (fourteen) days from the date of delivery to the BUYER or the person/organization indicated by the BUYER, without assuming any legal or criminal responsibility and without providing any reason, by notifying the SELLER. In the case of service contracts, this period starts from the date the contract is signed. The right of withdrawal cannot be used in service contracts where service provision has started with the consumer’s approval before the expiration of the right of withdrawal period. The expenses arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER acknowledges in advance that he/she has been informed about the right of withdrawal.

10.2. In order to use the right of withdrawal, a written notification must be made to the SELLER by registered mail with return receipt, fax, or email within 14 (fourteen) days, and the product must not have been used within the framework of the “Products for Which the Right of Withdrawal Cannot be Exercised” provisions of this contract. In case this right is exercised:

a) The invoice of the product delivered to the person or the BUYER (If the invoice of the product to be returned is issued to a corporate entity, it must be sent with the return invoice issued by the institution. Returns of orders invoiced to corporate entities cannot be completed if a RETURN INVOICE is not issued.)

b) Return form,
c) The products to be returned must be delivered complete and undamaged together with their boxes, packaging, and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days from the receipt of the withdrawal notice, and to receive the goods back within 20 days.
e) If a decrease in the value of the goods occurs or the return becomes impossible due to the BUYER’s fault, the BUYER is obliged to compensate the SELLER’s damages at the rate of the BUYER’s fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the goods/product within the period of the right of withdrawal.
f) If the amount of the campaign limit set by the SELLER is lowered due to the use of the right of withdrawal, the discount amount utilized within the scope of the campaign is canceled.

PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Products prepared according to the BUYER’s requests or personal needs and which are not suitable for return, underwear bottom pieces, swimsuits, bikini bottoms, makeup products, single-use products, perishable goods or goods that may expire, products that are not suitable for return in terms of health and hygiene if their packaging is opened by the BUYER after delivery, products which after delivery are mixed with other products and cannot be separated due to their nature, and goods related to periodicals such as newspapers and magazines other than those provided under a subscription contract, services performed instantly in electronic form or intangible goods instantly delivered to the consumer, as well as audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables whose packaging has been opened by the BUYER cannot be returned in accordance with the Regulation. Furthermore, the right of withdrawal cannot be used for services that have begun with the consumer’s approval before the expiration of the right of withdrawal period, as per the Regulation.

Cosmetics and personal care products, underwear products, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and tapes, and stationery consumables (toner, cartridge, ribbon, etc.) can be returned only if their packaging has not been opened, tried, damaged, or used.

DEFAULT AND LEGAL CONSEQUENCES

If the BUYER is in default in the case of payment by credit card, the BUYER agrees, declares, and undertakes that the BUYER shall pay interest within the framework of the credit card contract with the card issuing bank and be responsible to the bank. In this case, the relevant bank may take legal action, and if legal action is taken, the BUYER may be charged legal fees and attorney’s fees. In any event of default by the BUYER due to non-payment of the debt, the BUYER agrees, declares, and undertakes to compensate the SELLER for the loss and damages suffered due to the delayed performance of the debt.

COMPETENT COURT

In disputes arising from this contract, complaints and objections shall be submitted to the consumer arbitration board or the consumer court at the place where the consumer’s residence is located or where the consumer transaction is carried out, within the monetary limits specified in the law. The monetary limits are as follows:

Effective from 18/12/2024:

a) Consumer disputes with a value under 2,000.00 (two thousand) Turkish Lira shall be submitted to the district consumer arbitration boards;
b) Consumer disputes with a value under 3,000.00 (three thousand) Turkish Lira shall be submitted to the provincial consumer arbitration boards;
c) In provinces with metropolitan status, consumer disputes with a value between 2,000.00 (two thousand) Turkish Lira and 3,000.00 (three thousand) Turkish Lira shall be submitted to the provincial consumer arbitration boards.

This Contract is executed for commercial purposes.

ENFORCEMENT

When the BUYER makes the payment for the order placed on the Site, the BUYER is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to ensure that this contract is read and accepted by the BUYER before the completion of the order.

SELLER:
BUYER:

DATE: