Distance Sales Agreement

Home page
Pages
Distance Sales Agreement

Distance Sales Agreement

1. PARTIES

This Distance Sales Agreement (hereinafter referred to as the "Agreement") is made and entered into by and between the Parties below under the following terms and conditions.

• BUYER :

Name & Surname :

Address :

Phone :

E-mail :

Date :

• SELLER/PROVIDER

Title : İSTİKBAL MOBİLYA A.Ş

Authorized Reseller

Address : ORGANİZE SANAYİ BÖLGESİ. 6. CAD. NO: 35 MELİKGAZİ / KAYSERİ

Phone : 444 33 44

Fax :

Mersis No : 0481005419400017

BUYER and SELLER shall be referred to individually as "a Party" and collectively as "Parties".

2. DEFINITIONS

For purposes of application and interpretation of the Agreement, the following terms shall have the following meanings:

1. a) BUYER: Buyer, or a third party designated by Buyer.

2. b) SELLER / PROVIDER: ISTİKBAL A.Ş., or the Authorized Reseller, as will be assigned by the system which issues the invoice and delivers the products for the sales made over the Platform at www.istikbal.com.tr.

3. c) PRODUCER: İSTİKBAL MOBİLYA A.Ş.

4. d) STANDARD PRODUCT: The standard products that are not customized to the demands of BUYER and do not require installation.

5. e) CUSTOMIZED PRODUCT: The products that are specially produced and/or require installation in line with the demands of BUYER. For instance, armchairs with fabric color and type changed, furniture with wood material and similar properties changed, all kinds of panel products, furniture, which are installed and assembled, and products manufactured with customized sizes, according to the demands of BUYER.

6. f) HYGIENE PRODUCT(S): Mattresses, pillows and other home textile product, once unboxed, unpackaged, unsealed after the delivery, and if returned, it would become unfit in terms of health and hygiene.

7. g) CARRIER PRODUCT: The products that have been delivered by the delivery teams of SELLER/PROVIDDER.

8. h) COURIER PRODUCT: The products that have been delivered via courier companies.

ı) SHOWROOM PRODUCT: The products that are displayed in an Istikbal showroom.

1. i) OUTLET PRODUCTS: The products that are sold at a discounted price in an Istikbal showroom.

2. j) VIRTUAL POS: An electronic payment method involving credit card.

3. k) PLATFORM: The proprietary virtual page, which is owned by PRODUCER, who also holds any kind intellectual and industrial rights therein pursuant to Industrial Property Law No 6769 and Intellectual and Artistic Works Law No 5846, accessible at the www.istikbal.com.tr, including websites at such other related domains, mobile apps, social media platforms (Twitter, Instagram, Facebook and others), market places, through which Services as defined in this Agreement and Reseller Agreement are provided, and further, Reseller is able to perform necessary activities, enter necessary company/personal data and follow up the details of sales to enable PRODUCER to provide suitable services that are responsive to the demands with respect to the sales made through such Platform,

4. l) SHOWROOM: The Istikbal showroom where the products are displayed for sales.

5. m) LEGISLATION: Law No. 6502 on Consumer Protection, Regulation on Distance Agreements (OJ: 27.11.2014/29188) and other applicable legislation.

3. SUBJECT MATTER

This Agreement sets out the mutual rights and obligations of the Parties regarding the offering and sale of the products ("PRODUCT"), whose features and sales price are specified in the Preliminary Information Form and PLATFORM, which BUYER ordered electronically through all applications connected to the PLATFORM owned by PRODUCER, in accordance with the provisions of the Law No. 6502 on the Protection of Consumers ("Law No. 6502") and the Distance Agreements Regulation.

The Parties to this Agreement agree and represents that they know and understand their obligations and responsibilities arising from this Agreement under the Law on Consumer Protection and the Regulation on Distance Agreements.

BUYER agrees, represents and undertakes that he/she has received, read and clearly understood the preliminary information regarding the basic features of the PRODUCT(S) purchased through the PLATFORM, the sales price including all taxes, payment terms, delivery, if any, installation conditions and price, and the right of withdrawal and the terms of use of the right of withdrawal, the full trade name, full address and contact information and other information of SELLER / PROVIDER, and has understood that he/she will be obliged to make payments by confirming the preliminary information and this Agreement, that the preliminary information becomes an integral part of the agreement and that, having known all these foregoing, he/she has given the necessary approvals to purchase the PRODUCT(S) electronically.

4. INFORMATION ABOUT THE PRODUCT(S)

The basic information about the product or service, including the name, quantity, sales price including VAT, payment method and, if any, installation price including taxes are as follows:

PRODUCT

TYPE

UNIT PRICE (TRY)

QUANTITY

TOTAL (TRY)

……………….

………..

…………………….

Installation-1

………

……………………….

Total Payment (Inclusive of VAT)

…………………..

Service Fee : TRY 0.00

Courier Fee : TRY 0.00

Carrier Fee : TRY 0.00

Installation Price-1 ( for Product ....) : TRY 0.00

VAT Amount : TRY ……

Total Invoice Amount : TRY ……

Paid : TRY ……

Additional Information :

Courier Fee : TRY 0.00 (If delivery to be made by the courier company contracted by SELLER/PROVIDER, to be paid by SELLER/PROVIDER. )

Carrier Fee : TRY 0.00 (If delivery to be made by the carrier company contracted by SELLER/PROVIDER, to be paid by SELLER/PROVIDER. )

Prepaid Sales Price : TRY ……

Sales Price : TRY ……

Gift Voucher Amount : TRY 0.00

Commission Amount : TRY 0.00

Buyer's City : ………

Buyer's District : ………

Buyer's Name/Surname/Title : ………

Delivery Address : ………

Payment Method : ………

In case of any problems related to your order, you can contact us via our call center at 0850 222 33 44.

5. PAYMENT TERMS

5.1. Payment via Credit Card

1. a) When BUYER prefers credit card as the payment method, he/she will enter his/her credit card information on the relevant page before completing his/her shopping on the PLATFORM.

b) BUYER may choose any of the installment options to the extent appropriate or pay total price at once.

c) BUYER's bank may organize campaigns and apply an installment number higher than the selected number of installment and may offer services such as installment deferral. Such campaigns are at the initiative of BUYER's bank and information about the campaigns is provided on the PLATFORM if such information have been provided to SELLER / SUPPLIER and / or PRODUCER. .

ç) If BUYER prefers one of the installment options, the order total will be divided by the number of installments as of the monthly account cut-off date of the credit card and will be indicated in the monthly statements issued by BUYER's bank. The bank may not distribute the installment amounts equally to the months, taking into account the fraction differences. The creation of the detailed payment plan is at the initiative of BUYER bank.

d) On the other hand, as the installment sales are only possible via credit cards issued by the bank, BUYER agrees, represents and undertakes to further confirm interest rates and default interests with his/her bank, and provisions regarding the interest and default interest pursuant to applicable LEGISLATION shall apply under the credit card agreement between the bank and BUYER.

e) If BUYER defaults in payments made via the credit card, BUYER shall pay interest as defined under credit card agreement with bank and be responsible against the bank.

f) BUYER shall be responsible for the accuracy of the card information to be provided while paying via credit card.

g) If the credit card is used illegally by someone other than the holder for payment, action shall be taken in accordance with the provisions of the Law on Bank Cards and Credit Cards and the Regulation on Bank Cards and Credit Cards.

5.2. Payment by Bank Transfer/EFT

1. a) When BUYER prefers to pay by bank transfer / EFT, IBAN of the bank account of ISTİKBAL MOBİLYA A.Ş. will be shared with BUYER on the PLATFORM.

b) After BUYER makes the payment by bank transfer / EFT, the order will be approved after the payment is credited to the bank account of the PRODUCER. BUYER must include the order reference number in the description field of the transfer order.

6. DELIVERY

1. a) Products will be delivered in good repair in their packages, along with the invoice, to BUYER or the person / organization present at the address indicated by BUYER within the delivery time, depending on the distance of BUYER's settlement, but in no case not later than legally mandated maximum period through courier and / or carrier companies contracted by SELLER / PROVIDER. Even if BUYER is not present at the address of BUYER at the time of delivery, SELLER / SUPPLIER shall be deemed to have fulfilled its performance in full and completely. For this reason, SELLER / PROVIDER is not responsible for damages and expenses arising from BUYER's late receipt of the product and / or not receiving it at all. This period may be extended in cases such as war, natural disasters, riots, strikes, lockouts, floods, fires, earthquakes, which occur without any fault of SELLER / PROVIDER and which cannot be prevented by reasonable measures. For the delivery time of the Product(s), the lead times offered to BUYER through the Platform are valid and binding for the Parties. No delivery may be made to the islands, overseas locations and foreign countries.

1. b) SELLER / PROVIDER is responsible for the delivery of the products along with the warranty documents, if required by Warranty Certificate Regulation under Articles 55 and 56 of the Law No. 6502 on the Protection of Consumers, as well as the Introduction and User Manuals, if required by the Introduction and User Manual Regulation.

6.1. Delivery of Carrier Products

1. a) 1-3 days before the planned delivery date, BUYER will be contacted via SMS or call and BUYER's approval is obtained for delivery. As the delivery plans are automatically created by the system, no changes may be made except for special cases.

b) On the delivery day, BUYER is informed by calling BUYER during the day before arriving for delivery.

c) In cases of BUYER's special circumstances or no one is present at the specified address and therefore the delivery cannot be made, the 2nd delivery is rescheduled for at least 14 (fourteen) days later and SELLER / SUPPLIER may request a carriage fee of 5% of the basket amount from BUYER for organization of such new delivery.

d) For carrier deliveries that include installation (except for additional installation service), installation will be done on the same day as the delivery. Installation will not be planned for a different day.

e) If a problem is noticed during delivery, the problem must be specified by BUYER on the delivery form to be provided by the delivery team. The delivery and installation of the Products sold without additional installation fee is made free of charge.

f) If it is necessary to hire an elevator for situations such as there is no cargo elevator in the building and the product does not fit inside the building, the responsibility belongs to BUYER. In this case, provided that SELLER / PROVIDER is informed in advance, SELLER / PROVIDER may give BUYER time to make the necessary preparations.

6.2. Delivery of Courier Products

1. a) When the PRODUCT(S) to be sent by cargo are shipped, the relevant courier company and courier tracking number will be shared with BUYER via SMS and e-mail.

b) Packages with a volume of volumetric weight of 30 and above will be delivered at the building door.

c) BUYER shall inspect the PRODUCT(S) before receiving them, and shall not receive the dented, broken, damaged and defective PRODUCT(S) with torn packaging from the courier company. Any accepted PRODUCT shall be deemed to be undamaged and intact. The obligation to carefully protect the PRODUCT(S) after delivery remains with BUYER. If the right of withdrawal is to be used, the PRODUCT(S) should not be used. The invoice must be returned.

d) In villages, towns or locations far from the city center where couriers do not serve, the products will be delivered to the nearest central branch and BUYER is informed to pick them up from here. BUYER will be required to pick up the courier within the specified period.

6.3. Delivery of Products with Installation Purchase Option Service

1. a) If additional installation service is purchased for the PRODUCT(S) whose installation under responsibility of BUYER, it will be scheduled not later than 7 (seven) days after delivery of the PRODUCT(S).

b) 1-3 days before the scheduled service date, BUYER will be contacted via SMS or call and BUYER's approval is obtained. As the service plans are automatically prepared by the system, no changes may be made except for special cases.

c) On the day of installation, BUYER will be called and informed during the day before visiting for installation.

d) It is BUYER's responsibility to unpack and check the PRODUCT(S) for which additional installation service is received before the installation service arrives. It is important that any missing items/parts with respect to the PRODUCT(S) must be completed before the installation service.

e) In case of return of the PRODUCT(S) installed with additional installation service, it is BUYER's responsibility to disassemble the PRODUCT(S).

f) Installation operations requiring electrical connection cannot be performed by SELLER/SUPPLIER

7. CANCELLATION OF ORDER

BUYER may request free cancellation within 3 (three) days from the date of order for the PRODUCT(S) not yet delivered. After the 3rd day, the Right of Withdrawal, Product Return provisions apply for cancellation requests

8. RIGHT TO WITHDRAWAL, PRODUCT(S) RETURN AND REPLACEMENT

8.1. BUYER has the right to withdraw from the agreement within 14 (fourteen) days from the delivery date of the STANDARD PRODUCT(S) without any reason or penal clause. The period of BUYER's right of withdrawal commences on the day when BUYER receives PRODUCT(S) as stated in the agreements related to delivery of PRODUCT(S). In addition, BUYER may also use the right of withdrawal in the period between signature of the Agreement until the delivery of PRODUCT(S).

8.2. In determining the right of withdrawal period, for PRODUCT(S) included in one single order but delivered on separate dates due to reasons such as supply, production, stock availability, etc., the delivery date of the last PRODUCT(S) will be taken into account. For PRODUCT(S) which are completed with multiple parts, the delivery date of the last part will be taken into account. For agreements where the same PRODUCT(S) are delivered regularly for a certain period of time, the delivery date of the first PRODUCT(S) shall be taken into account.

8.3. BUYER can exercise the withdrawal right by calling the call center at 444 33 44. Buyer may follow the instructions available in the My Orders section on the website to effect cancelation and return processes using the right of withdrawal.

8.4. In the event that the right of withdrawal is exercised by BUYER by notifying SELLER / PROVIDER in writing or verbally through customer service within 14 (fourteen) days following the delivery of PRODUCT(S) to BUYER, and if PRODUCT(S) were delivered by the contracted carrier company;

SELLER / PROVIDER is obliged to collect PRODUCT(S) delivered via contracted carrier company in the form as it was originally sold, that is, knock-down, along with the original invoice, within 7-14 days from the date it has received the request.

In the event that the right of withdrawal is exercised by BUYER by notifying SELLER / PROVIDER in writing in the My Orders Section of Website, or verbally through customer service/call center within 14 (fourteen) days following the delivery of PRODUCT(S) to BUYER, and if PRODUCT(S) is delivered by the contracted courier company;

BUYER is required to return, via contracted courier company, PRODUCT(S) to SELLER/PROVIDER or such 3rd person designated by them, in complete and undamaged manner, including its original package, boxes, and if any standard accessories, along with via contracted courier company along with the relevant invoice, (or if invoice is issued to an institution, the return invoice to be issued by said institution. Returns without such return invoice will not be accepted), the copy of the courier delivery report, filling and signing the withdrawal form provided on the back page of the relevant invoice. PRODUCT(S) returned without the documents listed in this article or incomplete and/or damaged manner will be refused and returned to Buyer on collect on delivery basis, and the price will not be returned.

8.5. BUYER may return PRODUCT(S), for which he/she wants to use right of withdrawal, free of charge via the contracted courier and/carrier company. In the cases where BUYER returns the PRODUCT(S) via a courier company other than SELLER/PROVIDER's contracted carrier/courier company, or wants to use the in-house delivery service of SELLER/PROVIDER to return the PRODUCT(S) that have been delivered via a courier company, or vice versa, then all courier costs shall be paid by BUYER. Although there exists a branch of SELLER/PROVIDER's contracted courier company serving to the address of BUYER, the PRODUCT(S) has been returned via another courier company on the basis of collect on delivery, such courier costs will be deducted from the price to be returned, and if any remaining balance will be returned to BUYER.

8.6. For STANDARD PRODUCT(S), no arbitrary returns shall be accepted after the expiration of BUYER's right to withdrawal period.

8.7. For CUSTOMIZED PRODUCT(S), Buyer has no the right to withdrawal.

8.8. If BUYER wants to return CUSTOMIZED PRODUCT(S), SELLER / PROVIDER will accept the return by making a deduction of 30% from the Price of CUSTOMIZED PRODUCT(S) in order not to refuse Buyer's return request. To make such request, BUYER is granted 14 (fourteen) days after the delivery date.

No withdrawal right may be exercised for the agreements involving following PRODUCT(S):

- PRODUCT(S) and services, the prices of which varies depending on the market fluctuations or is not under control of SELLER, PRODUCER OR PROVIDER.

- PRODUCT(S) tailor-made and customized to the demands or personal needs of the consumer.

- Hygiene PRODUCT(S),

- PRODUCT(S) which, once delivered, are mixed with other PRODUCT(S) and inseparable due to their nature.

- Services, provision of which has started upon the consent of the consumer before the expiration of the right of withdrawal period.

- PRODUCT(S) with defects as found out by SELLER/PROVIDER, as having arose from the fault of BUYER, other than normal tears and wears.

8.9. BUYER shall be responsible for any change and/or deterioration that occur to PRODUCT(S) due to his/her failure to store and protect them in compliance with its function, technical features and instructions of use.

8.10. In the return requests of PRODUCT(S), the CARRIER PRODUCT(S) will be collected by SELLER / PROVIDER's own delivery team, and if PRODUCT(S) are delivered via a courier company, PRODUCT(S) must be returned by BUYER using said courier company. If PRODUCT(S) that are originally designated as courier delivery are in fact delivered by carrier company, then return must be made via such courier company.

8.11. If at the time Buyer wants to use the right of withdrawal, the value of the PRODUCT(S) have been decreased due to a reason arising from the fault of Buyer or such return becomes impossible, BUYER is obliged to compensate SELLER / PROVIDER for its damages (cost of PRODUCT(S), costs incurred to establish a contract, etc. other) in proportion to the fault.

8.12. You do not have the right to withdraw from your orders that will be placed within the scope of the Ministry of Commerce Earthquake Aid Mobilization as they are considered within the scope of the "Services, provision of which has started upon the consent of the consumer before the expiration of the right of withdrawal period." as indicated in sub-paragraph (h) of the first paragraph of Article 15 "Exceptions to the right of withdrawal" of the Distance Contracts Regulation.

9. DELIVERY OF PRODUCT BY A THIRD PARTY PROVIDER

9.1. In the event that the PRODUCT is delivery to BUYER by the third party supplier , BUYER knows and agrees that the provisions of this Agreement are in force and valid, especially the use of the right of return, cancellation and withdrawal.

9.2. The delivery of the PRODUCT by the Supplier Third Party shall not mean that a contractual relationship has been established between the Third Party and BUYER and BUYER shall fulfill all its obligations, especially payment, to the PRODUCER and SELLER / SUPPLIER.

9.3. The situations in which the Product will be delivered by a Third Party Supplier have been notified to BUYER by SELLER / SUPPLIER. With this notification made to BUYER, BUYER acknowledges and agrees that the personal data shared with SELLER / SUPPLIER will be transferred to the third party supplier for the purposes specified in the Agreement and in accordance with the Personal Data Protection Law No. 6698 and the applicable LEGISLATION.

10. PAYMENT RETURN PROCEDURE

The payment process after an Order Cancellation shall be initiated within 7 (seven) business days after the date on which a BUYER have submitted us such request.

The payment process after a PRODUCT(S) Return shall be initiated within 7 (seven) business days after the arrival of relevant PRODUCT(S) to SELLER/PROVIDER.

When calculating the return fee for orders realized within a campaign with a participation lower limit, if the remaining order amount does not meet the lower limit, the such campaign will be null and void, and the amounts to be retured will be calculated according to the remaining amount.

10.1. Payment Return via Credit Card

1. a) BUYER will continue to pay the installments as originally agreed between him/her and his/her Bank. The manner of the return to be made by the Bank is a matter between BANK and BUYER, therefore, SELLER/PROVIDER and/or PRODUCER has no responsibility whatsoever in this respect.

b) In the event that, after PRODUCER returns the full amount of PRODUCT(S) to the bank, the installments need to be returned by relevant bank to the credit card account of BUYER, said installments will be returned to BUYER as when they originally fall due in order to prevent any problems in terms of involving parties. Where the installments that have been paid by BUYER until such cancellation date do not correspond to the monthly credit card account cutoff dates, the return process will continue with the next installment that will be due, to be credited every month, until all such next installments are fully credited to the credit card account of BUYER, upon which said installments paid before such cancellation date will be credited to said credit card account.

c) In case of the return of PRODUCT(S) and services purchased with the credit card, PRODUCER is unable to pay BUYER in cash pursuant to his contract with bank. Payments made by a credit card shall be returned to same credit card.

10.2. Return of Payment by Bank Transfer/EFT

1. a) Payment is returned to the bank account provided by Buyer.

10.3. Return of Payment by Gift Vouchers

a) No cash will be returned for orders placed using Gift Vouchers, return will be made by issuing a new gift voucher.

11. WARRANTY COVERAGE AND AFTER-SALES SERVICES

The PRODUCT sold is under warranty for 2 (two) years by SELLER/SUPPLIER.

If a defect is found out attributable to the fault of the producer in the PRODUCT within the warranty period, SELLER / PROVIDER undertakes to solve the problem within the legal periods starting from receipt of relevant request. Defects at the time of delivery must be notified to SELLER/PROVIDER at the time of delivery.

Defects caused by BUYER's misuse are not covered by the Warranty.

12. GENERAL PROVISIONS

12.1. BUYER agrees, represents and undertakes that he / she has read and informed the preliminary information regarding the basic features, sales price and payment method and delivery of the PRODUCT(S) on the PLATFORM of PRODUCER and that he / she has given the necessary confirmation electronically. By confirming the Preliminary Information electronically before the establishment of the distance sales agreement, BUYER agrees, represents and undertakes that delivery address, the basic features and the price, including tax, of the ordered products, as well as payment terms and delivery information are also correct and complete. SELLER / PROVIDER reserves the right to change the product prices and / or change the campaign conditions and deadlines at any time and without prior notice.

12.2. Each product will be delivered to BUYER or the person and / or organization at the address indicated by BUYER within the period specified in the preliminary information form available on the PLATFORM, depending on the distance of BUYER's settlement, provided that it does not exceed the legal period. If the product cannot be delivered to BUYER within this period, except for delays in extraordinary circumstances, BUYER reserves the right to terminate the Agreement. As the shipping date may vary for CUSTOMIZED PRODUCTS, delivery information will be shared with BUYER. If the PRODUCT(S) will be delivered by a third party supplier, the delivery time as well as any new shipping date in case of disruptions in the supply will be shared with BUYER.

12.3. SELLER / PROVIDER agrees, represents and undertakes to deliver PRODUCTS in full, free from any defects, in accordance with the features as specified in the order and, if any, along with warranty documents, user manuals, information and documents required by the work, to perform the works within the principles of accuracy and integrity, to maintain and improve the quality of service, to show the necessary attention and care during the performance of the work, to act with prudence and foresight, in accordance with the requirements of the applicable legislation,

12.4. SELLER may provide BUYER with another product which has the same quality with and different price than ordered one prior to expiry of her obligation performance period arisen out of this agreement. Exceptionally, if it is understood that the products cannot be supplied due to a justifiable reason and / or if a stock problem is encountered, if BUYER is immediately informed in a clear and understandable manner and approves, another product of equivalent quality and price may be delivered to BUYER, or at the choice of BUYER's, another new product may be delivered, wait for the product to become available in the stocks, or such delivery issue to be resolved, and/or cancel the order.

12.5. If it becomes impossible for SELLER / PROVIDER to provide the service and PRODUCTS, and therefore unable to fulfill its obligation under this Agreement, SELLER / PROVIDER agrees, represents and undertakes that it will notify BUYER in writing within 3 (three) days after having become aware of such impossibility and that it will return the total price to BUYER within 14 (fourteen) days. For payments made by credit card, the return procedure of the issuing bank shall apply.

12.6. BUYER agrees, represents and undertakes that he/she will confirm this Agreement electronically for the delivery of the PRODUCT, and if the price of the PRODUCT remains unpaid for any reason and / or canceled in the bank records, SELLER / PROVIDER will have no longer responsibility to deliver the PRODUCT.

12.7. BUYER agrees, represents and undertakes that if the price of the PRODUCT remains unpaid to SELLER / PROVIDER by the relevant bank or financial institution as a result of the unfair use of the BUYER's credit card by unauthorized persons before / after the delivery of the PRODUCT to BUYER or the person and / or organization at the address indicated by BUYER, BUYER will return the PRODUCT to SELLER / PROVIDER within 3 (three) days, with the delivery costs to be paid by SELLER / PROVIDER.

12.8. SELLER/PROVIDER agrees, represents and undertakes that it will notify the BUYER if it is unable deliver a PRODUCT ordered by the BUYER within delivery time due to force majeure events, such as those unforeseeable by, beyond the control of Parties, that prevent and / or delay the Parties from fulfilling their obligations. In such case, BUYER has the right to request from SELLER/PROVIDER to cancel the order, to replace the PRODUCT ordered by BUYER with, if available, a substitute, or to postpone the delivery until such force majeure event disappears. In case BUYER cancels an order, the full price of the PRODUCT paid in cash by the BUYER shall be refunded to the BUYER in cash within 14 (fourteen) days after cancellation date. For payments made by BUYER by credit card, the full price of the PRODUCT shall be returned to the relevant bank within 14 (fourteen) days after such cancellation date. BUYER agrees, represents and undertakes that it may take 2 to 3 weeks, on average, for a bank to credit such returned amounts into the credit card account of BUYER , and this process is completely at the discretion of the Bank, and BUYER shall not hold SELLER/PROVIDER responsible for any potential delays in said process.

12.10. BUYER represents and undertakes that the personal and other information provided by him/her while becoming a member of the PLATFORM of PRODUCER are true and correct, and he/she will promptly indemnify in cash and in full PRODUCER for all damages that the PRODUCER may incur due to the inaccuracy of such information, upon the first notice of the PRODUCER.

12.11. BUYER agrees and undertakes that she shall follow and not breach legislative provisions while using the PLATFORM of PRODUCER Otherwise, all civil and criminal obligations that may be instituted shall fully and solely rest with BUYER.

12.12. BUYER may not use the PLATFORM of the PRODUCER in any way that disrupts public order, violates public morality, disturbs and harasses others, for an illegal purpose, in a way that violates the material and moral rights of others, and may not engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.

12.13. PLATFORM may contain links to the websites and/or other contents owned and operated by third parties, not under control of PRODUCER. These links are provided for the convenience of BUYER and do not support any PLATFORM or the person operating that websites and do not constitute any guarantee for the information contained in the linked PLATFORM.

12.14. SELLER / PROVIDER reserves the right to stop the order when it deems necessary, when the information provided by BUYER does not reflect the truth. In cases where SELLER / PROVIDER finds out a problem in the order, if BUYER cannot reach BUYER via the telephone, e-mail and postal addresses provided by BUYER, it shall suspend the execution of the order for 15 (fifteen) days. BUYER is expected to contact SELLER / SUPPLIER regarding the issue during this period. If no response is received from BUYER within this period, SELLER / SUPPLIER cancels the order in order to prevent damage to both parties.

12.15. SELLER/PROVIDER is not responsible for price inaccuracies arising from system errors. Accordingly, SELLER / PROVIDER is not responsible for the promotion and price errors that may arise due to the PLATFORM system, design or interventions that may be made illegally on the PLATFORM. Based on system errors, BUYER may not assert any claims against SELLER / PROVIDER.

12.16. Any disruption in the process or problems that may arise with the credit card shall be notified to BUYER by using one or more of the telephone / fax / e-mail ways specified in the Agreement. If necessary, BUYER may be asked to contact his/her bank. The time of approval of the orders is not the moment the order is placed, but the moment it is determined that the necessary collection from the credit card account has been made or the transfer (EFT) has reached SELLER/PROVIDER accounts.

12.17 In cases where it can be understood clearly that there is a clear and exorbitant error in the price of the PRODUCT (if it is written well below the market price), SELLER / PROVIDER has the right to cancel all orders placed at this incorrect price. In such cases, BUYER agrees and represents that he/she will not make any claims due to the fact that the transaction is a clear error.

12.18. The Parties (without prejudice to any rights and guarantees of BUYER) have the right to transfer and assign this Agreement and/or any obligations, debts, commitments, rights, claims and receivables related to the Agreement, as a whole or in part, to third parties

13. PERSONAL DATA PROTECTION, COMMERCIAL ELECTRONIC COMMUNICATION AND PRIVACY POLICY

13.1. In accordance with the Personal Data Protection Law No. 6698 ("Law"), the applicable LEGISLATION and SELLER / PROVIDER's Personal Data Protection and Privacy Policy, SELLER/PROVIDER, Erciyes Anadolu Holding affiliates and third parties and/or organizations may record, retain, archive, use, update, share, transfer or otherwise process the personal data and information of BUYER such as name, surname, e-mail address, Turkish Identity number, address, telephone number, demographic data, financial data, etc. in order to take orders, to offer PRODUCT(S) and services, to improve PRODUCT(S) and services, to solve systemic problems, to perform payment transactions, and - subject to prior consent- to carry out marketing activities relating to the orders, PRODUCT(S) and services, to update the information of Buyer and to manage and maintain memberships and to perform the distance sales agreement and other agreements established between BUYER and SELLER / PROVIDER and to allow for 3rd Parties to perform the technical, logistical and other similar functions in accordance with the Personal Data Protection legislation. Buyer represents and agrees that he/she explicitly consents to the processing, storage and transmission of his/her personal data to natural and/or legal persons with whom SELLER/PROVIDER cooperates for the specified purposes within the scope of Law No. 6698. The processed personal data shall be deleted, destroyed or anonymized at the end of the legal retention period in accordance with SELLER / PROVIDER's Personal Data Protection and Privacy Policy and applicable LEGISLATION. BUYER agrees and represents that he/she can find detailed information about the Law and the applicable legislation and his/her rights in this respect by reading the Personal Data Information Notice available on SELLER/PROVIDER'S PLATFORM.

13.2. The privacy rules, policies and terms briefly described below (current principles detailed in the relevant parts of the PLATFORM) shall apply to the protection, confidentiality, processing, use of information and communications on the PLATFORM and other relevant matters.

13.3. The necessary measures to ensure the security of the information entered by and transactions performed by BUYER on the PLATFORM are taken in the system infrastructure on the side of SELLER / PROVIDER to the extent of state-of-the-art in the technology according to the nature of the information and transaction. However, as said information is entered by Buyer from his/her own device, it is the responsibility of Buyer to take the necessary measures on Buyer's side, including those related to viruses and similar harmful applications, in order to protect them and not to be accessed by unrelated persons.

13.4. In addition to the permissions-consents given by Buyer in other ways regarding personal data and commercial electronic communications; the information obtained during Buyer's membership and shopping activities in the PLATFORM may be recorded indefinitely or for a limited a period of time, stored in printed / magnetic archives, updated, shared, transferred, used and processed in other ways when deemed necessary by SELLER / PROVIDER, ERCİYES ANADOLU HOLDİNG A.Ş. its current and future affiliates, subsidiaries, affiliated companies, partners, successors and/or third parties/organizations to be designated by them for the purposes of providing BUYER with various PRODUCT(S)/services and as well as electronic and other commercial-social communications relating to all kinds of information, advertising-promotion, communication, offerings, sales, marketing, store card, credit card and membership applications. These data may also be transmitted to the relevant authorities and Courts if and when required by law. BUYER has consented and authorized the use, sharing and processing of his/her, existing and new, personal and non-personal information in accordance with the legislation on the protection of personal data and electronic commerce legislation within the above scope and to deliver him/her commercial and non-commercial electronic communications and other communications to him/her.

13.5. BUYER may always stop the use-processing of data by reaching SELLER/PROVIDER through the specified communication channels and / or by reaching the same channels in accordance with the legal procedure or by using the right of refusal in electronic communications sent to him. According to the explicit notification of Buyer in this regard, personal data processing and / or communications to the party will be discontinued within the legally allowed maximum period; in addition, if requests, his/her information, except for those that are legally required and / or allowed, shall be deleted from the data recording system or anonymized in such a way that his/her identity cannot be determined. BUYER, if wishes, may always apply to SELLER/PROVIDER through the above communication channels in order to get information about the activities related to the processing of his/her personal data, and the persons to whom it is transferred, have incomplete or incorrect information to be corrected, such corrections notified to the relevant third parties, his/her personal data deleted or destructed, and object any results against him/her arising from analysis of the data using automated systems, request compensations in case of damage due to unlawful processing of data. Their applications and requests in these matters will be fulfilled within the legal maximum periods or may not be accepted by explaining them the legal grounds

13.6. PRODUCER / SELLER / PROVIDER reserves the right to make any changes it may deem necessary in the above matters; these changes shall be effective from the moment they are published by the PRODUCER / SELLER / PROVIDER on the PLATFORM or by other appropriate methods.

13.7. PRODUCER has the right to obtain permission for changes by reaching BUYERS who have given explicit consent for commercial electronic communications for information, marketing, notification and other purposes by letter, e-mail, SMS, phone call and other means for the purpose of communicating through the address, e-mail address, fixed and mobile telephone lines and other contact information specified by BUYER in the registration form on the website or updated by BUYER later.

By accepting this Agreement, BUYER agrees and represents that the PRODUCER may engage in the above-mentioned communication activities and that he will obtain permission in case of updates or changes.

13.8. For other websites accessed via the PLATFORM, their own privacy-security policies and terms of use shall apply, and the PRODUCER / SELLER / PROVIDER is not responsible for any disputes and adverse consequences that may arise thereof.

14. DEFAULT AND LEGAL CONSEQUENCES

If BUYER uses credit card and fails to pay fees on due dates, Buyer agrees, represents and undertakes to pay interest and be responsible against bank under the credit card agreement between Buyer and card issuing bank. In this case, the relevant bank may seek legal remedies; may claim BUYER to reimburse the costs and attorney fees.

The Trust Seal only indicates that regulatory compliance criteria has been met as having been reviewed, monitored and controlled by the GDS in accordance with the relevant Communiqué. Apart from this, the Trust Seal Provider should not in any way be understood as the guarantor of the contract between the parties, nor is it the guarantor of the defect-free features and complete supply and delivery of the goods or services on the E-commerce site. In addition, the Trust Seal Provider may not be held legally responsible for the non-delivery, late delivery of the products, delivery of such products that have different features than those agreed under this Agreement.

15. GOVERNING LAW AND JURISDICTION

The disputes that may arise under this Distance Sales Agreement shall be referred to Provincial or District Consumer Issues Resolution Mediators for up to value as published by Ministry of Commerce every year, and to Consumer Courts for those dispute over said value.

16. EVIDENCE AGREEMENT

The records of SELLER/SUPPLIER (including records in magnetic media such as computer-audio records) constitute conclusive evidence in the resolution of any dispute that may arise from this Agreement and/or its implementation.

17. EFFECTIVENESS

Upon acceptance and approval of this Agreement and payment of the order placed on the PLATFORM, BUYER shall be deemed to have accepted all the terms of this Agreement and accordingly this Agreement shall enter into force.

BUYER agrees, represents and undertakes that he/she has been informed by SELLER / PROVIDER in an understandable manner, in accordance with the Internet environment and Law No 6502 about the SELLER / SUPPLIER and PRODUCER's name, title, full address, telephone and other contact information, as well as the basic features of the service, the sales price including taxes, the payment method, all preliminary information about the service, and the use of the right of "withdrawal" and how to use this right, the public authorities for lodging their complaints and objections, and all the rights and obligations he/she has under the agreement and has accurate and complete information on these matters, that he/she has confirmed this preliminary information electronically and accordingly placed an order, agreed and has no objection against the terms and conditions of the Agreement.

The Preliminary Information Form available on the PLATFORM and the invoice issued upon the order placed by BUYER are integral parts of this Agreement.

BUYER:

SELLER/PROVIDER:

DATE:

All Pages