DISTANCE SALES AGREEMENT

1. PARTIES

 

This Agreement has been entered into under the following terms and conditions by and between the parties identified below:

 

“BUYER” or User (hereinafter referred to as the “BUYER” in this Agreement).

 

“SELLER” or the Company (hereinafter referred to as the “SELLER” in this Agreement).

 

By accepting this Agreement, the BUYER acknowledges in advance that, upon confirming the order, the BUYER is obligated to pay the order amount and any additional fees (such as shipping costs and taxes, if applicable) and has been informed thereof.

2. SUBJECT

 

This Agreement sets forth the rights and obligations of the parties regarding the sale and delivery of the product(s) ordered electronically by the BUYER from the SELLER’s website, with the product specifications and sales price indicated on the website, in accordance with the provisions of the Law on the Protection of Consumers No. 6502 and the Regulation on Distance Contracts.

 

The listed and advertised prices on the site represent the sale price. These prices and any commitments remain valid until they are updated and changed. Time-limited prices remain valid until the specified expiration date.

3. PRODUCT/SERVICE INFORMATION COVERED BY THE AGREEMENT

 

3.1. The main characteristics of the goods/product(s)/service (type, quantity, brand/model, color, number) are published on the SELLER’s website. If the SELLER has initiated a campaign, the essential features of the relevant product can be reviewed during the campaign period.

 

3.2. The total sales price of the goods or services under the Agreement, including all taxes, is the sales price listed and advertised on the website.

 

3.3. The advertised prices and commitments remain valid until they are updated and changed. Time-limited prices remain valid until the specified date.

4. GENERAL PROVISIONS

 

4.1. The BUYER acknowledges, declares, and undertakes that the BUYER has read, understood, and electronically confirmed all preliminary information about the essential properties of the product covered by this Agreement, its sales price, payment method, and delivery terms provided on the SELLER’s website. By electronically confirming the preliminary information, the BUYER also confirms that the BUYER has obtained the SELLER’s address, the basic characteristics of the ordered products, including their price with taxes, as well as payment and delivery information, as required for the Distance Sales Agreement, completely and accurately.

 

4.2. Each product under the Agreement will be delivered to the BUYER or the person/entity at the address indicated by the BUYER within the period specified in the online preliminary information on the website, depending on the distance to the BUYER’s place of residence, provided that it does not exceed 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the Agreement.

 

4.3. The SELLER undertakes to deliver the product covered by the Agreement completely, in accordance with the specifications stated in the order, and, if applicable, with warranty certificates, user manuals, and any other relevant documents required by law. The SELLER agrees to perform services properly and honestly according to legal requirements and standards, free of any defects, while maintaining and enhancing service quality, exercising due care and caution during service performance, and acting with prudence and foresight.

 

4.4. If the SELLER, before the time limit for performance of the Agreement obligation expires, informs the BUYER and obtains the BUYER’s explicit approval, the SELLER may supply a product of equal quality and price to replace the product covered by the Agreement.

 

4.5. If it becomes impossible to fulfill the order for the product or service covered by the Agreement, and if the SELLER cannot fulfill its contractual obligations, the SELLER agrees to notify the BUYER in writing within 3 days of becoming aware of this and to refund the total amount to the BUYER within 14 days.

 

4.6. The BUYER acknowledges, declares, and undertakes that the BUYER will confirm this Agreement electronically for the delivery of the product covered by the Agreement, and if, for any reason, the product price covered by the Agreement is not paid and/or is canceled in the bank records, the SELLER’s obligation to deliver the product ceases.

 

4.7. After the delivery of the product covered by the Agreement to the address specified by the BUYER or a person/entity indicated by the BUYER, if it is determined that the credit card belonging to the BUYER has been used unlawfully by unauthorized persons and the bank or financial institution does not pay the SELLER for the product, the BUYER agrees, declares, and undertakes to return the product to the SELLER within 3 days at the SELLER’s expense.

 

4.8. If force majeure events, which are outside the control of the parties and could not have been foreseen, prevent or delay the SELLER from delivering the product covered by the Agreement on time, the SELLER agrees to inform the BUYER of such circumstances. The BUYER has the right to request the cancellation of the order, the replacement of the product covered by the Agreement (if any equivalent product is available), or the postponement of the delivery until the impediment is removed. In the event the order is canceled by the BUYER, if the BUYER has made the payment in cash, the product price is refunded within 14 days in one lump sum. If the BUYER paid by credit card, the product price is refunded to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER acknowledges, declares, and undertakes that it may take 2 to 3 weeks on average for the bank to reflect the refund in the BUYER’s account after the SELLER returns the amount to the bank and that the BUYER cannot hold the SELLER responsible for possible delays, as such reflection period depends solely on the bank’s transaction process.

 

4.9. The SELLER has the right to contact the BUYER via postal mail, email, SMS, phone calls, and other means for communication, marketing, notifications, and other purposes using the address, email address, fixed and mobile phone lines, and other contact details provided by the BUYER when registering on the site or updated later by the BUYER. By accepting this Agreement, the BUYER declares and acknowledges that the SELLER may conduct the aforementioned communication activities with the BUYER.

 

4.10. The BUYER must inspect the product/service before taking delivery; the BUYER must not accept any damaged or defective product/service from the shipping company (e.g., if it is crushed, broken, or if the package is torn). Once the product/service is accepted, it is deemed to be free from damage and in good condition. After delivery, the obligation to protect the product/service diligently belongs to the BUYER. If the right of withdrawal is to be exercised, the product/service must not be used, and the invoice must be returned.

 

4.11. If the cardholder of the credit card used during the order is not the same as the BUYER, or if a security issue is detected regarding the credit card used for the order before the product is delivered to the BUYER, the SELLER may request the BUYER to provide the identification and contact details of the cardholder, the statement for the credit card used for the order from the previous month, or a letter from the bank confirming that the credit card belongs to the cardholder. During the time required for the BUYER to submit the requested information/documents, the order will be frozen, and if the said requests are not met within 24 hours, the SELLER reserves the right to cancel the order.

 

4.12. The BUYER declares and undertakes that the personal and other information provided when registering on the SELLER’s website is truthful and that the BUYER will immediately, in cash and in one lump sum, compensate the SELLER for all damages the SELLER may incur due to the inaccuracy of such information, upon the SELLER’s first notification.

 

4.13. The BUYER agrees and undertakes to comply with the provisions of the applicable legislation when using the SELLER’s website and not to violate them. Otherwise, all legal and criminal liabilities that may arise will belong solely and exclusively to the BUYER.

 

4.14. The BUYER may not use the SELLER’s website in any way that disrupts public order, is contrary to public decency, is disturbing or harassing to others, is for illegal purposes, or infringes on the material and moral rights of others. In addition, the user (member) may not conduct activities (spam, virus, trojan, etc.) that prevent or complicate others’ use of the services.

 

4.15. On the SELLER’s website, there may be links to other websites or content owned and/or operated by parties not under the SELLER’s control. These links are placed to provide ease of navigation for the BUYER and do not constitute any endorsement of the linked website or the individuals operating it, nor does the SELLER provide any guarantee regarding the information contained on the linked website.

 

4.16. The user (member) who violates one or more provisions of this Agreement is personally liable for all criminal and legal consequences arising from such violations and agrees to hold the SELLER harmless from any legal and criminal outcomes. Furthermore, if the violation is taken to the judicial arena, the SELLER reserves the right to seek compensation from the member for non-compliance with the membership agreement.

5. RIGHT OF WITHDRAWAL

 

5.1. If the transaction under this Agreement involves the sale of goods, the BUYER may refuse the goods without incurring any legal or criminal liability or providing any justification by notifying the SELLER within 14 (fourteen) days from the date the product is delivered to the BUYER or the person/entity at the address indicated by the BUYER, and thus exercise the right of withdrawal from the Agreement. In the case of service-based transactions, this period commences on the date the Agreement is signed. If, with the consumer’s (user’s) consent, service performance commences before the expiration of the right of withdrawal period, the right of withdrawal cannot be exercised. The SELLER bears the costs associated with the exercise of the right of withdrawal. By accepting this Agreement, the BUYER confirms that the BUYER has been informed about the right of withdrawal.

 

5.2. To exercise the right of withdrawal, the BUYER must send a written notification (via registered mail with return receipt, fax, or email) to the SELLER within the 14 (fourteen) day period and the product must not have been used in accordance with the provisions of this Agreement related to “Products for Which the Right of Withdrawal Cannot Be Exercised.”

 

In case of exercising this right, the following must be returned to the SELLER:

 

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

 

b) The return form.

 

c) The product to be returned must be delivered complete and undamaged with its box, packaging, and any standard accessories.

 

5.4. The SELLER is obliged to refund the total amount and any documents that impose a debt on the BUYER to the BUYER within 10 days from the date on which the SELLER receives the notice of withdrawal and to take the goods back within 20 days.

 

5.5. If the value of the goods has decreased due to a reason caused by the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER’s damages proportionate to the BUYER’s fault. However, the BUYER is not liable for changes and deterioration caused by the proper use of the goods or products within the right of withdrawal period.

 

5.6. If the campaign threshold amount is reduced as a result of exercising the right of withdrawal, the discount amount used within the scope of the campaign is canceled.

6. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

 

The right of withdrawal may not be exercised for products prepared according to the BUYER’s personal requests or explicitly personal needs, products that are not suitable for return, undergarments, swimsuit and bikini bottoms, makeup products, single-use items, goods at risk of spoilage or goods with an expired shelf life, items that are not suitable for return in terms of health or hygiene if the package is opened after delivery, products that mix with other products after delivery and cannot be separated by their nature, periodicals such as newspapers and magazines (other than those provided under subscription agreements), services performed instantly in the electronic environment, or intangible goods delivered instantly to the consumer. Audio or video recordings, books, digital content, software programs, data storage and data recording devices, and computer consumables, if their packaging has been opened by the BUYER after delivery, may not be returned as per the applicable regulation. Additionally, if the performance of services begins with the consumer’s consent before the end of the right of withdrawal period, the right of withdrawal cannot be exercised in accordance with the regulation.

 

Cosmetics and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, and cassettes, as well as stationery consumables (toner, cartridge, ribbon, etc.), must have their packaging unopened, unused, untested, undamaged, and unaltered to be returned.

7. DEFAULT AND LEGAL CONSEQUENCES

 

If the BUYER defaults on payments made by credit card, the BUYER agrees, declares, and undertakes to pay interest in accordance with the credit card agreement with the issuing bank and to assume liability towards the bank. In this case, the relevant bank may resort to legal remedies and demand related expenses and attorney fees from the BUYER. In any circumstance where the BUYER is in default due to the BUYER’s debt, the BUYER agrees to compensate the SELLER for any damages or losses incurred by the SELLER as a result of the late performance of the debt.

8. COMPETENT COURT

 

For any disputes arising from this Agreement, complaints and objections may be submitted to the Consumer Arbitration Committee or the Consumer Court at the location of the consumer’s residence or where the consumer transaction took place, within the monetary limits specified by law.

9. ENFORCEMENT

 

When the BUYER makes payment for the order placed through the Site, the BUYER is deemed to have accepted all terms of this Agreement. The SELLER must obtain the BUYER’s electronic confirmation indicating that the BUYER has read and accepted this Agreement on the site before the order is finalized.