Distance Selling Agreement

DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement has been signed between the following parties under the terms and conditions specified below.

A. ‘BUYER’; (hereinafter referred to as "BUYER" in the agreement)

B. ‘SELLER’; (hereinafter referred to as "SELLER" in the agreement)
NAME-SURNAME:
ADDRESS:

By accepting this agreement, the BUYER acknowledges in advance that if they confirm the order subject to this agreement, they will be obligated to pay the price of the order and any additional fees such as shipping costs and taxes, and that they have been informed of this.
2. DEFINITIONS
In the application and interpretation of this agreement, the terms written below shall have the meanings indicated in the written explanations opposite them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),
SERVICE: The subject of any consumer transaction other than the provision of goods, performed or promised to be performed in exchange for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities, or acting on behalf of or for the account of the company 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 website belonging to the SELLER,
ORDERER: The natural or legal person who requests a good or service through the website belonging to the SELLER,
PARTIES: The SELLER and the BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER contract,
GOODS: Refers to movable goods subject to purchase and intangible goods such as software, audio, video and similar items prepared for use in electronic environments.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts, regarding the sale and delivery of the product, whose characteristics and sales price are specified below, which the BUYER ordered electronically through the SELLER's website. The prices listed and advertised on the site are sales prices. Advertised prices and promises are valid until updated and changed. Prices advertised for a limited time are valid until the end of the specified period. 4. SELLER INFORMATION
Title
Address
Phone
Fax
Email
5. BUYER INFORMATION
Recipient
Delivery Address
Phone
Fax
Email/Username
6. ORDERING PERSON INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/Username
7. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE AGREEMENT
1. The basic characteristics 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 review the basic characteristics of the relevant product during the campaign period. Valid until the campaign date.
7.2. The prices listed and advertised on the site are sales prices. Advertised prices and promises are valid until updated and changed. Prices advertised for a limited time are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.

Product Description Quantity Unit Price Subtotal
(VAT Included)

Shipping Cost
Total:

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

7.4. The shipping cost, which is the product shipment expense, 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 during order delivery.

9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes that they have read and are informed about the basic characteristics of the product, the sales price, the payment method, and preliminary information regarding delivery on the SELLER's website, and that they have provided the necessary confirmation electronically. The BUYER also acknowledges, declares, and undertakes that by confirming the Preliminary Information electronically, before the conclusion of the distance sales contract, they have received accurate and complete information from the SELLER regarding the address, the basic characteristics of the ordered products, the price of the products including taxes, and payment and delivery information.
9.2. Each product subject to this contract will be delivered to the BUYER or to the person and/or entity at the address indicated by the BUYER within the period specified in the preliminary information section of the website, depending on the distance to the BUYER's place of residence, provided that this period does not exceed the legal limit of 30 days. 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 undertakes to deliver the product subject to the Contract completely, in accordance with the specifications stated in the order, and with any warranty documents, user manuals, and other necessary information and documents; to deliver the product free from any defects, in accordance with legal regulations, in a sound and standard-compliant manner; to perform the work with accuracy and honesty; and to provide high-quality service.

9.4. The SELLER accepts, declares, and undertakes to protect and improve the product, to exercise the necessary care and diligence during the performance of the work, and to act with prudence and foresight.
9.5. If the SELLER is unable to fulfill its contractual obligations due to the impossibility of fulfilling the order for the product or service, it accepts, declares, and undertakes to notify the consumer in writing within 3 days of learning of this situation and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER accepts, declares, and undertakes that it will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that if the price of the product subject to the Agreement is not paid for any reason and/or is canceled in the bank records, the SELLER's obligation to deliver the product subject to the Agreement will cease.
9.7. 9.8. The BUYER accepts, declares, and undertakes that if, after delivery of the product subject to the Contract to the BUYER or to the person and/or entity at the address indicated by the BUYER, the price of the product subject to the Contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized and wrongful use of the BUYER's credit card by unauthorized persons, the BUYER will return the product subject to the Contract to the SELLER within 3 days, with the shipping costs borne by the SELLER. The SELLER accepts, declares, and undertakes that if it cannot deliver the product subject to the Contract within the specified time due to force majeure events such as unforeseen circumstances beyond the control of the parties that prevent and/or delay the parties from fulfilling their obligations, it will notify the BUYER of the situation. The BUYER also has the right to request from the SELLER the cancellation of the order, the replacement of the product subject to the Contract with an equivalent if available, and/or the postponement of the delivery time until the hindering situation is resolved. If the order is cancelled by the BUYER, in cases where the BUYER made a cash payment, the product amount will be refunded in full within 14 days. In cases where the BUYER made a credit card payment, the product amount will be returned to the relevant bank within 14 days after the order is cancelled by the BUYER. The BUYER acknowledges, declares, and undertakes that the average process for the amount refunded to the credit card to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and that the reflection of this amount in the BUYER's account after its return to the bank is entirely related to the bank's processing time, and therefore, the BUYER cannot hold the SELLER responsible for any possible delays. 9.9. The SELLER has the right to contact the BUYER via letter, email, SMS, telephone call, and other means for communication, marketing, notification, and other purposes, using the address, email address, landline and mobile phone numbers, and other contact information specified by the BUYER in the site registration form or subsequently updated by the BUYER. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities directed towards them.
9.10. The BUYER shall inspect the goods/services subject to this agreement before taking delivery; they shall not accept damaged or defective goods/services from the shipping company, such as those that are dented, broken, or have torn packaging. The goods/services received shall be deemed to be undamaged and in good condition. The obligation to carefully protect the goods/services after delivery rests with the BUYER. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned.
9.11. If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the cardholder's bank confirming that the credit card belongs to them. The order will be frozen until the BUYER provides the requested information/documents, and if these 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 registering on the SELLER's website is accurate, and that the BUYER will immediately, in cash and in full, compensate the SELLER for all damages incurred due to the inaccuracy of this information, upon the SELLER's first notification.
9.13. The BUYER accepts and undertakes from the outset to comply with and not violate the provisions of legal legislation while using the SELLER's website. Otherwise, all legal and criminal liabilities arising therefrom will be entirely and exclusively binding on the BUYER.
9.14. The BUYER shall not use the SELLER's website in any way that disrupts public order, is contrary to general morality, disturbs or harasses others, for an illegal purpose, or for the material or financial gain of others.

Members may not use the services in a way that infringes upon the moral rights of others. Furthermore, members may not engage in activities that prevent or hinder others from using the services (spam, viruses, Trojan horses, etc.).
9.15. The SELLER's website may contain links to other websites and/or content that are not under the control of the SELLER and/or are owned and/or operated by other third parties. These links are provided to facilitate navigation for the BUYER and do not endorse any website or the person operating that website, nor do they constitute any guarantee regarding the information contained on the linked website.
9.16. Any member who violates one or more of the clauses in this agreement shall be personally liable, both criminally and legally, for such violation and shall hold the SELLER harmless from the legal and criminal consequences of these violations. In addition, in the event that the matter is brought to court, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement. 10. RIGHT OF WITHDRAWAL
10.1. The BUYER may exercise the right to withdraw from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to himself or to the person/organization at the address indicated, without incurring any legal or criminal liability and without giving any reason, provided that he notifies the SELLER. In distance contracts relating to the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the consumer's consent before the end of the withdrawal period. The costs arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER acknowledges that he/she has been informed about the right of withdrawal.
10.2. To exercise the right of withdrawal, the BUYER must notify the SELLER in writing by registered mail, fax, or email within 14 (fourteen) days, and the product must be unused, in accordance with the "Products for which the Right of Withdrawal Cannot Be Exercised" provisions in this agreement. If this right is exercised, the following must be provided:

a) The invoice for the product delivered to the third party or the BUYER (If the invoice for the product to be returned is issued to a company, it must be sent together with the return invoice issued by the company. Returns of orders invoiced to companies cannot be completed unless a RETURN INVOICE is issued.)
b) The return form,
c) The product to be returned must be delivered complete and undamaged, including its box, packaging, and any standard accessories.
d) The SELLER is obliged to return the total amount and any documents that obligate the BUYER to debt within a maximum of 10 days from the date of receipt of the withdrawal notification and to take back the goods within 20 days.
e) If the value of the goods decreases or return becomes impossible due to a fault of the BUYER, the BUYER is obliged to compensate the SELLER for the damages in proportion to the fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the goods or product within the withdrawal period.

f) If, due to the exercise of the right of withdrawal, the amount falls below the campaign limit set by the SELLER, the discount amount received under the campaign will be canceled. 11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Products prepared according to the BUYER's request or clearly personal needs and which are not suitable for return, underwear bottoms, swimwear and bikini bottoms, makeup products, disposable products, goods that are likely to spoil quickly or whose expiration date may pass, products that are not suitable for return for health and hygiene reasons if the packaging is opened by the BUYER after delivery, products that are mixed with other products after delivery and cannot be separated by their nature, goods relating to periodicals such as newspapers and magazines, except those provided under a subscription contract, services performed instantly in electronic form or intangible goods delivered instantly to the consumer, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, cannot be returned if the packaging has been opened by the BUYER, as per the Regulation. In addition, the right of withdrawal cannot be exercised for services that have begun to be performed with the consumer's consent before the expiration of the withdrawal period, as per the Regulation.

Cosmetics and personal care products, underwear, swimwear, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery supplies (toner, cartridges, ribbons, etc.) must be returned in their original unopened, untried, undamaged, and unused condition.

12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER makes payment transactions with a credit card...

In the event of default, the BUYER acknowledges, declares, and undertakes that they will pay interest and be liable to the bank within the framework of the credit card agreement between them and the cardholder bank. In this case, the relevant bank may resort to legal action; it may demand the resulting costs and attorney's fees from the BUYER, and in any case, if the BUYER defaults on their debt, the BUYER acknowledges, declares, and undertakes that they will pay the damages and losses incurred by the SELLER due to the delayed performance of the debt.
13. AUTHORIZED COURT
In disputes arising from this contract, complaints and objections shall be made to the consumer dispute arbitration board or consumer court in the place where the consumer resides or where the consumer transaction took place, within the monetary limits specified in the following law. Information regarding monetary limits is as follows:
Effective from 01/01/2017, for applications to consumer arbitration boards in 2017, the following values ​​apply:
a) District consumer arbitration boards for disputes below 2,400 (two thousand four hundred) Turkish Lira,
b) Provincial consumer arbitration boards for disputes between 2,400 (two thousand four hundred) Turkish Lira and 3,610 (three thousand six hundred ten) Turkish Lira in provinces with metropolitan status,
c) Provincial consumer arbitration boards for disputes below 3,610 (three thousand six hundred ten) Turkish Lira in the centers of provinces without metropolitan status,
d) Provincial consumer arbitration boards for disputes between 2,400 (two thousand four hundred) Turkish Lira and 3,610 (three thousand six hundred ten) Turkish Lira in districts affiliated with provinces without metropolitan status. This Agreement is made for commercial purposes.
14. EFFECTIVE DATE
The BUYER is deemed to have accepted all the terms of this agreement when they make the payment for the order placed through the Site. 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 processed.

SELLER:
BUYER:
DATE: