DISTANCE SALES CONTRACT

6.1. Parties to this Agreement are the Buyer and the Seller, and the Parties shall bear all kinds of liabilities and obligations associated with the performance of this Agreement. This Agreement shall come into force on the date on which it is electronically approved by the Buyer.

6.2. The Buyer agrees, represents and undertakes that he/she has read and understood preliminary information posted on the Seller's website about the basic features and characteristics of the contractual good, its sales price and payment and delivery terms and that he/she has provided required confirmation online. By confirming the Preliminary Information Form electronically, the Buyer agrees, represents and undertakes that prior to the execution of the distance sales contract, it has fully come to know the address that the Seller should provide to the Buyer, and basic features and characteristics of ordered goods, and the cost of goods, including taxes, and payment and delivery data in complete form.

6.3. Each contractual good shall be delivered to the Buyer or such individual and/ or entity located at the address designated by the Buyer during such term set out in the preliminary information tab on the website depending on the distance to the Buyer's place of domicile, provided that 30-day statutory term shall not be exceeded. Unless goods are delivered to the Buyer within that term, the Buyer reserves its right to terminate the contract.

6.4. The Seller agrees, represents and undertakes to deliver the contractual good in line with its qualities described in the order and, if any, in conjunction with warranty certificates, and user manuals and other data and documents necessitated by the nature of the service and to perform the order free of any defects and in good and sound form meeting legal requirements and standards and subject to rules of good faith and principles of truth; to maintain and raise the bar for the service quality and to pay such due care and diligence during the performance of the work and to act with prudence and due care.

6.5. The Seller may supply a different good of the same quality and price on the condition that it shall duly inform and get the express consent of the Buyer before the term applicable to its contractual obligation expires.

6.6. The Seller agrees, represents and undertakes that where the provision of the ordered goods or services is rendered impossible, and it fails to perform its contractual obligations, it  shall duly inform this failure to the Buyer in writing within 3 days as of the date on which it becomes aware of it; that it shall refund the total sum to the Buyer within 14 days.

6.7. The Buyer agrees, represents and undertakes that it shall confirm this Agreement electronically for the delivery of the contractual good; that unless the price of the contractual good is paid for any reason and/ or is cancelled in the bank records, the Seller's obligation to deliver the contractual good shall terminate.

6.8. The Buyer agrees, represents and undertakes that if the Buyer's credit card is unfairly used by unauthorized people following the delivery of the contractual good to the Buyer or an individual and/ or entity at the address designated by the Buyer, and as a result of this use, the cost of the contractual product remains unpaid by the relevant bank or finance institution to the Seller, the Buyer shall return the contractual good to the Seller within 3 days provided that shipping costs shall be borne by the Seller.

6.9. The Seller agrees, represents and undertakes that if it fails to deliver the contractual good on a timely basis due to force major events that cannot be foreseen, are beyond the will and control of the parties and that prevent, and/ or cause a delay in, the performance by parties of their obligations, it shall inform the Buyer about such event. The Buyer shall have the right to ask the Seller to cancel its order, to replace the contractual good with a comparable one (if any) and/ or to postpone the delivery term until the elimination of the force major event. Where the Buyer cancels the order, and if the payment has been made by the Buyer in cash, the cost of goods shall be refunded to the Buyer in cash and in lump sum within 14 days. In the case of credit card payments by the Buyer, the cost of the product shall be refunded to the relevant bank within 14 days following the cancellation by the Buyer of the order. The Buyer agrees, represents and undertakes that such refund by the Seller to the Buyer's credit card may be credited by the bank to the Buyer's account within 2 to 3 weeks on average; that following the refund of that sum to the bank, the crediting of that amount to the Buyer's account is fully related to bank procedures and that the Buyer may not hold the Seller liable for a potential delay.

6.10. The Seller shall have the right to contact the Buyer for communication, marketing, notices and other purposes via mail, e-mail, SMS, telephone call and other methods by using such mail address, e-mail address, fixed or mobile phone lines and other contact details that are provided by the Buyer on the website registration for or are subsequently updated by it. The Buyer agrees and represents that by accepting this Agreement, the Seller may carry out such communication activities described above towards the Buyer.

6.11. The Buyer shall inspect contractual goods/ services before taking their delivery; and shall refuse to accept the delivery of smashed, broken, damaged or defective goods/ services or with torn packaging. A good/ service that is accepted by the Buyer shall be deemed without any damage and in good condition. The Buyer shall be obliged to protect the good/ service with due care following the delivery. Where the right of withdrawal is to be used, goods/ services should not be used and should be returned along with the invoice.

6.12. Where the Buyer is not the same person whose credit card is used during the order placement or prior to the delivery of goods to the Buyer; a security breach in connection with the credit card used in the order is discovered, the Seller may ask the Buyer to present ID and contact details of the credit card holder, or the account statement of the credit card used in the order for the past month, or a letter from the credit card holder's bank confirming that the credit card belongs to the holder. The order shall be suspended during such time until the Buyer collects requested data/ documents, and in the case that these claims are not met within 24 hours, the Seller shall have the right to cancel the order.

6.13. The Buyer represents and undertakes that such personal data and other details that he/she has provided during the membership registration for the Seller's website are true and correct; that he/she shall indemnify the Seller against all losses that it may sustain on account of false or wrong data in cash, immediately and in lump sum upon the first notice by the Seller.

6.14. The Buyer agrees and undertakes in advance that it shall comply with, and not act in breach of the, statutory legislation when it uses the Seller's website. Otherwise, the Buyer shall be exclusively and fully bound by all civil and criminal obligations that may arise.

6.15. The Buyer may in no event use the Seller's webs site in a manner that would upset the public order, be against the general ethical rules, disturb or harass third parties or in breach of the applicable law or in a manner that infringe the moral and material rights of third parties. Moreover, he/she may not commit any act that would prevent other members from using, or make it more complicated for them to use, the services (such as spams, viruses, Trojan horses etc.).

6.16. The Seller may provide links to other websites and/ or contents that are not within the Seller's control and/ or operated and/ or owned by third parties over the Seller's website. These links are provided to provide the Buyer with convenience in directions, and do not endorse any website or its operator or do not mean any guarantee for the data in the contents of the website to which the link redirects.

6.17. A member who acts in breach of one or several articles listed in this agreement shall be personally liable in civil and criminal terms on account of such breach, and he/she shall keep the Seller harmless from the civil and criminal consequences of such breaches. Moreover, if legal proceedings are initiated on account of such breach, the Seller reserves its right to claim damages against the member on account of the failure to comply with this membership agreement.

6.18. The Buyer agrees, represents and undertakes that he/she has read and understood all details about the terms and characteristics of the sale of contractual goods described in Article 3; that he/she has given such necessary approval for the purchase of the said good electronically.

6.19. The Seller shall be liable to deliver contractual goods in sound and complete condition meeting those qualities described in the order, and if any, in conjunction with warranty certificates and user manuals.

6.20. Where contractual good is to be delivered to an individual/ legal person other than the Buyer, the Seller may not be held liable for the rejection by the said individual/ legal person of the delivery.

6.21. The delivery shall be made by the shipping company to such delivery address of the Buyer as set out in Article 5 hereof. Goods shall be delivered to the delivery address of the Buyer specified by him/her on the contract within 7 to 10 business days (if in Turkey) or 10 to 45 business days (if outside Turkey). Even if the Buyer cannot be reached at the time of the delivery by shipping company, the Seller shall be deemed to have fulfilled its obligation in full and complete form.

6.22. If the cost of the good is not paid or is canceled in bank records for any reason whatsoever, the Seller shall be deemed to have been discharged of its delivery duty.

6.23. The Buyer shall be liable for expenses and other losses arising from the fact that it takes the delivery of goods late in circumstances in Article 9.22 or goods are kept waiting in the shipping company and/ or the shipment is returned to the Seller.

6.24. Unless the shipping fee appears to be free on the product promotion page on the website and accordingly, it appears to be 0.00TL in the contract, shipping fee shall be added to the total cost of the order and be payable by the Buyer. The shipping fee is not included in the cost of the good. Pursuant to the Distance Contracts Regulation, where cargo, shipment, delivery and similar additional expenses may not be calculated in advance, the Buyer may be obliged to pay these additional costs.

6.25. Where the relevant bank or finance institution refuses to pay the cost of goods to the Seller on account of the unfair or unlawful use by unauthorized persons of the Buyer's credit card following the product delivery for reasons not attributable to the Buyer's fault, the Buyer shall be obliged to return the good to the Seller within 3 (three) days if it has been already delivered to it. In this case, the Buyer shall bear shipping costs. 

6.26. The Buyer agrees and understands that he/she should further confirm applicable interest rates and default interest details from his bank on account of the fact that the deferred term sales is made only by means of credit cards issued by banks.

6.27. The Buyer agrees, represents and undertakes that pursuant to the applicable legislation, those provisions regarding the interest and default interest shall be applied in line with the credit card agreement between the bank and the Buyer.

6.28. In circumstances where the Buyer exercises its right to withdraw or the ordered good may not be supplier on account of various reasons, or its cost should be refunded to the consumer pursuant to the Consumer Arbitration Panel decision, if the shopping is made in installments by using a credit card, the procedures for refunding to the credit card is described below:

6.28.1. The number of installments applicable to the purchase by the Buyer of the good shall be such number of installments applicable to the refund by the bank of the cost to the consumer. Where the product cost is entirely paid by the Seller to the bank in lump sum, any expenditure made through a bank's POS device and payable in installments is to be refunded to the Buyer's credit card, the claimed refund sums shall be credited by the bank to the account of the cardholder in installments so that parties involved in the transaction shall not be aggrieved.

6.28.2. In the case of returns of goods or services purchased by using a credit card, the Seller may not refund the cost to the Buyer in cash pursuant to a separate agreement between the Seller and the bank. In the case of a refund, the Seller shall be obliged to refund the said sum to the bank in cash or by way of set-off and therefore it may not make a cash refund to the Buyer pursuant to the applicable procedure. In refunds to the credit card, the bank shall complete the refund after the Seller repays the cost to the bank in lump sum.

6.29. Pursuant to the general communiqué no. 385 on the Tax Procedure core, refund transactions shall be made only if the relevant refund sections on the invoice are completed in full and signed and the invoice shall be sent back to the Seller along with the good. The Buyer agrees, represents and undertakes that it has accepted this procedure in its entirety.

7. RIGHT OF WITHDRAWAL

7.1. Where the distance contract is related to sales of goods, the Buyer may reject the good and use his withdrawal right within 14 (fourteen days) following the delivery of goods to the Buyer or any individual/ legal person at the address designated by it without any criminal or civil obligation and without any need to offer any reasoning provided that it shall give a notice to the Seller. In distance contracts for service provision, this term shall start to count as of the execution date of the contract. In the case of service contracts that the Seller starts to provide the service upon the consumer's approval before the term for the right of withdrawal elapses, this right may no longer be used. Expenses associated with the use of such right shall be borne by the Buyer. The Buyer agrees in advance that by accepting this Agreement, he/she has been duly informed about the right of withdrawal.

7.2. In order to exercise the right of withdrawal, it is a condition to give a written notice to the Seller within 14 (fourteen) days by means of a registered mail with return receipt, facsimile or e-mail and that the good shall not have been used in line with the provisions applicable to "Goods not subject to Withdrawal Right" as described herein. Where this right is exercised:

• Invoice for goods delivered to a third party or the Buyer (if the invoice for goods to be returned is a corporate one, it needs to be sent back along with the return invoice issued by that company. Returns of orders whose invoices are issued to a company may not be completed unless a RETURN INVOICE is issued).

• Return form

• Package of the good to be returned plus its box and standard accessories (if any) should be delivered in a complete and undamaged form.

• The Seller shall be obliged to ensure that the total cost and those documents causing the Buyer to assume obligations shall be returned to the Buyer at the latest within 10 days following the receipt of the withdrawal notice and to take delivery of the returned good at the latest within 20 days.

• If the value of the good is depreciated or the return becomes impossible for any reason attributable to the Buyer's fault, the Buyer shall be obliged to indemnify the Seller against its losses pro rata with his fault; however, the Buyer shall not be liable for any change or deformation etc in the event that it is attributable to the duly use of goods or products within the withdrawal right term.

• Where the campaign organized by the Seller falls below the applicable limit due to the use of the right to withdraw, the amount of discount that is used under the campaign shall be cancelled.

7.3. The Buyer shall have the right to reject goods and to withdraw from the Agreement without obligation of civil or criminal obligation and offering any reason within 14 (fourteen) days following the delivery of goods. The cost of good shall be refunded to the Buyer within 10 (ten) days following the date on which the Consumer's withdrawal notice is received by the Seller. The Buyer shall be liable for all expenses arising from the use of the withdrawal right.

7.4. The Seller undertakes that the consumer has the right to withdraw from the agreement by rejecting goods or services within 14 (fourteen) days following the execution date hereof or the acceptance of the delivery of goods without any criminal or civil liability or the need to offer an explanation; that it shall take back goods as of the date on which the withdrawal notice is received by the Seller or the Provider. The withdrawal notice shall be sent by the Buyer via his communication channels stated herein.

7.5. The Buyer may not exercise his right to withdraw in services that are instantly performed in electronic media in the form of online gift voucher/ code etc and any intangible good that is instantly delivered to him/her.