Distance Sales Agreement

1. PARTIES

This Agreement has been signed between the parties listed below within the framework of the terms and conditions set forth 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 agreement, the BUYER acknowledges in advance that, if the order subject to the contract is approved, they will be obliged to pay the order amount and any additional fees such as shipping fees, taxes, as specified, and that they have been informed accordingly.

2. DEFINITIONS

In the application and interpretation of this contract, the terms written below shall have the meanings indicated against them.

MINISTER: The Minister of Customs and Trade,

MINISTRY: The Ministry of Customs and Trade,

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

REGULATION: Distance Contracts Regulation (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 for a fee or benefit,

SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities, or acts on behalf or account of the one offering goods,

BUYER: A real or legal person who acquires, uses, or benefits from a good or service for purposes not related to commercial or professional activities,

SITE: The website owned by the SELLER,

ORDER PLACER: The real or legal person who requests a good or service through the SELLER’s website,

PARTIES: The SELLER and the BUYER,

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

GOOD: Movable goods subject to shopping and intangible goods prepared for use in electronic media such as software, audio, video, and similar.

3. SUBJECT

This Agreement 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 regarding the sale and delivery of the product specified below, ordered electronically by the BUYER from the SELLER’s website.

The prices listed and announced on the site are the selling prices. The announced prices and promises remain valid until they are updated and changed. Time-limited announced prices remain valid until the specified time expires.

4. SELLER INFORMATION

Company Title

Address

Phone

Fax

Email

5. BUYER INFORMATION

Recipient

Delivery Address

Phone

Fax

Email/Username

6. ORDER PLACER INFORMATION

Name/Surname/Title

Address

Phone

Fax

Email/Username

7. PRODUCT(S) SUBJECT TO THE CONTRACT

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

7.2. The prices listed and announced on the site are the selling prices. The announced prices and promises remain valid until they are updated and changed. Time-limited announced prices remain valid until the specified time expires.

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

Product Description

Quantity

Unit Price

Subtotal (Including VAT)

Shipping Fee

Total:

Payment Method and Plan

Delivery Address

Recipient

Billing Address

Order Date

Delivery Date

Delivery Method

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

8. BILLING INFORMATION

Name/Surname/Title

Address

Phone

Fax

Email/Username

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

9. GENERAL PROVISIONS

9.1. The BUYER declares that they have read and are informed about the basic characteristics of the product subject to the contract, the sales price, and the payment method, as well as delivery information, as shown on the SELLER’s website, and confirmed this electronically. The BUYER accepts, declares, and undertakes that they have obtained the correct and complete preliminary information required by the Regulation and have confirmed it electronically before the establishment of this distance sales contract.

9.2. Each product subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, not exceeding the legal period of 30 days, depending on the BUYER’s place of residence. In case the product cannot be delivered to the BUYER within this period, the BUYER has the right to terminate the contract.

9.3. The SELLER agrees, declares, and undertakes to deliver the product subject to the contract completely, in accordance with the specifications stated in the order, together with warranty certificates and user manuals if applicable, and to perform the work in compliance with legal requirements and standards, in a sound and defect-free manner, in accordance with the principles of accuracy and honesty, by preserving and increasing the quality of service, with care and diligence, and by acting with prudence and foresight.

9.4. The SELLER may supply another product of equal quality and price, provided that the BUYER is informed and their explicit approval is obtained before the expiration of the performance obligation arising from the contract.

9.5. In cases where the fulfillment of the order becomes impossible, the SELLER accepts, declares, and undertakes to inform the consumer in writing within 3 days from the date of learning of this situation and to return the total amount to the BUYER within 14 days.

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

9.7. If, after delivery of the product subject to the contract to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER’s credit card is used unfairly or unlawfully by unauthorized persons in a way not due to the BUYER’s fault, and the product price is not paid to the SELLER by the relevant bank or financial institution, the BUYER agrees, declares, and undertakes to return the product to the SELLER within 3 days, with shipping costs to be borne by the SELLER.

9.8. If the SELLER cannot deliver the product on time due to force majeure situations that are beyond the control of the parties, unforeseeable, and that prevent or delay the fulfillment of the parties’ obligations, the SELLER agrees, declares, and undertakes to notify the BUYER of the situation. The BUYER also has the right to request the cancellation of the order, the replacement of the product with its equivalent if available, and/or postponement of the delivery until the obstructing situation is eliminated. In case of order cancellation by the BUYER, for payments made in cash, the product amount will be returned to the BUYER in cash and in full within 14 days. For payments made via credit card, the product amount will be returned to the related bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares, and undertakes that the average process for the bank to reflect the refund to the BUYER’s account is 2 to 3 weeks, and that the reflection of this amount to the BUYER’s accounts after it has been returned to the bank is entirely related to the bank’s transaction process, and the BUYER cannot hold the SELLER responsible for possible delays.

9.9. The SELLER may contact the BUYER using the address, e-mail address, landline and mobile phone numbers, and other contact information specified by the BUYER in the registration form on the website or updated later by the BUYER, via letter, e-mail, SMS, phone call, and other means for communication, marketing, notification, and other purposes. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the above-mentioned communication activities with them.

9.10. The BUYER shall inspect the goods/service subject to the contract before receiving them; shall not accept damaged, broken, packaging-defective, and otherwise visibly damaged and defective goods/services from the courier company. The goods/services received shall be deemed to be undamaged and in good condition. The responsibility for the careful protection of the goods/service after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/service must not be used. The invoice must also be returned.

9.11. If the BUYER and the holder of the credit card used during the order are not the same person, or if a security vulnerability is detected in the credit card used in the order before the delivery of the product to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, the statement of the credit card used in the order for the previous month, or a letter from the credit card holder’s bank confirming that the card belongs to them. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the mentioned demands 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 signing up for the website is truthful and that the SELLER will fully and immediately compensate all damages due to the inaccuracy of this information, upon the SELLER’s first notification.

9.13. The BUYER agrees and undertakes in advance to comply with the provisions of the legal regulations and not to violate them while using the SELLER’s website. Otherwise, all legal and penal obligations that may arise shall 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 against general morality, disturbs or harasses others, for unlawful purposes, or in a way that infringes the intellectual and copyright rights of others. Additionally, the BUYER may not engage in activities (such as spam, viruses, trojan horses, etc.) that prevent or complicate others’ use of the services.

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

9.16. The member who violates one or more of the articles listed in this agreement shall be personally and criminally and legally liable for this violation and shall keep the SELLER free from the legal and criminal consequences of such violations. Furthermore, if the incident is transferred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1. The BUYER may exercise the right of withdrawal within 14 (fourteen) days from the date of delivery of the product to themself or to the person/organization at the address they indicate, without undertaking any legal or criminal liability and without providing any justification, provided that they notify the SELLER. For distance contracts related to service provision, this period starts from the date the contract is signed. The right of withdrawal cannot be used in service contracts where the service has started with the consumer’s approval before the withdrawal period expires.

10.2. To exercise the right of withdrawal, a written notification must be made to the SELLER via registered mail, fax, or email within 14 (fourteen) days, and the product must not be used within the framework of the “Products for Which the Right of Withdrawal Cannot Be Used” provisions set forth in this contract. If this right is exercised:

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, a return invoice issued by the institution is required. Order returns whose invoice is issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued),

b) Return form,

c) The box, packaging, and standard accessories (if any) of the products to be returned must be delivered complete and undamaged.

d) The SELLER is obliged to return the total price and any documents that place the BUYER under debt to the BUYER within a maximum of 14 days from the receipt of the withdrawal notice, and to accept the return of the goods within 10 days.

e) If there is a decrease in the value of the goods due to the BUYER’s fault or if returning the goods becomes impossible, the BUYER is obliged to compensate the SELLER’s damages proportionally to the fault.

f) If the campaign limit amount set by the SELLER is reduced due to the exercise of the right of withdrawal, the amount of the discount used within the scope of the campaign shall be canceled.

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

The right of withdrawal cannot be exercised for the following products:

a) Products prepared in accordance with the BUYER’s request or clearly personal needs,

b) Underwear, swimwear, cosmetics, single-use products, fast-perishable goods or products with a risk of expiration,

c) Products that are not suitable for return due to health and hygiene reasons after being opened by the BUYER,

d) Products that are mixed with other products after delivery and cannot be separated due to their nature,

e) Digital content delivered instantly or intangible goods such as software programs, and

f) Services whose performance has begun with the BUYER’s approval before the right of withdrawal period has expired.

The return of these products is only possible if they are defective or faulty.

12. COMPETENT COURT

In the implementation of this Agreement, the Consumer Arbitration Committees and Consumer Courts in the place where the BUYER resides or where the consumer transaction is conducted shall have jurisdiction up to the monetary limits announced by the Ministry of Commerce.

The SELLER may submit its complaints and objections to the arbitration committee or consumer court in the place where the consumer resides or where the consumer transaction was made, within the monetary limits specified by the Ministry of Commerce in December every year.

13. EFFECTIVENESS

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 responsible for making the necessary software arrangements to ensure that this agreement is read and accepted by the BUYER before the order is placed.

SELLER: Rebuwo Spor Malz. Teks. Otomotiv San. ve Tic. Ltd. Şti.

BUYER: [Your Name or Company Name Here]

DATE: [Order Date]