Sales Agreement

This Agreement regulates the rights and obligations of the parties regarding the sale-delivery of the following products/services (“Product/Products”) to the BUYER, which the BUYER (Consumer) wants to purchase by placing an order on the ……………… electronic commerce website (“WEBSITE”) belonging to the SELLER, including the cases where the BUYER (Consumer) makes transactions using the application on his/her mobile device, and other matters. After the BUYER approves this Agreement on the WEBSITE, the price and expenses of the Product(s) he/she orders will be collected through the payment method he/she chooses.

Article 1 – Parties

Article 2 – CONTRACTUAL PRODUCT, PRICE, PAYMENT AND DELIVERY

The Type and Kind of Products (goods/services), Quantity, Brand/Model/Color, Unit Price(s) and Sales Price, Payment (collection) Information and Delivery Information including the delivery location notified by the BUYER are as stated below. If the cargo company that will make the delivery does not have a branch in the BUYER’s location, the BUYER must collect the delivery from another close branch to be notified by the SELLER (The necessary information to the BUYER in this regard will be made by e-mail/mail, SMS or telephone). Other issues regarding delivery are specified in the following Article 7 of the Contract.

Article 3 – MATTERS OF WHICH THE BUYER WAS INFORMED IN ADVANCE

BUYER confirms and accepts that he/she has been informed about the following matters by seeing and examining all general and special explanations on the relevant pages-sections of the WEBSITE before the acceptance and establishment of this Agreement by the BUYER on the WEBSITE and before placing an order and assuming payment obligation.

— SELLER’s title, contact information and current introductory information,

– Appropriate tools and methods for the stages of the sales process during the purchase of the product(s) from the WEBSITE and for the correction of incorrectly entered information,

– Electronic contact information where the SELLER can obtain information about the Professional Chamber (ITO-Istanbul Chamber of Commerce) to which the SELLER is a member and the rules of conduct stipulated by ITO regarding the profession (Phone: 4440486, www.ito.org.tr)

– The confidentiality, data usage-processing and electronic communication rules to the BUYER applied by the SELLER for the BUYER information and the permissions given by the BUYER to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER and the methods of exercising the rights of the parties,

— Shipping restrictions for the products as set forth by the SELLER,

— Payment methods and instruments accepted by the SELLER for the Product(s) subject to the contract, basic features and characteristics of the Products, total price including taxes (total amount to be paid by the BUYER to the SELLER, including relevant expenses),

— Information on the procedures for delivering the products to the BUYER and shipping-delivery-cargo costs,

– Other payment/collection and delivery information regarding the products and information regarding the performance of the Agreement, the commitments and responsibilities of the parties in these matters,

– Products and other goods and services for which the BUYER does not have the right of withdrawal,

– In cases where the BUYER has the right of withdrawal, the conditions, period and procedure for exercising this right and the fact that the BUYER will lose his right of withdrawal if the right is not exercised within the time limit,

– For Products with a right of withdrawal, if the Product is damaged or changed due to not being used in accordance with the instructions for use, its normal operation or technical specifications within the withdrawal period, the BUYER’s withdrawal request may not be accepted and the BUYER will be liable to the SELLER in any case. In cases where the SELLER accepts, it may collect an amount it deems appropriate for the damage or change in question as a deduction (set-off) from the refund to be made to the BUYER.

— In cases where the right of withdrawal exists (in other relevant cases), how the Products can be returned to the SELLER and all related financial matters (including return methods, costs and refund of the Product price and discounts and offsets that can be made for reward points, gift vouchers, free products and other free/discounted opportunities provided by the BUYER during the return),

– If the BUYER is a legal entity, he/she cannot exercise his/her “consumer rights”, especially the right of withdrawal, for the Products purchased for commercial or professional purposes (for example, bulk purchases are considered to be of this nature in any case),

— Depending on its nature, this Agreement and all other sales conditions included in this Agreement can be stored and accessed by the BUYER for a period of time as it is sent to the BUYER via e-mail after being approved and established by the BUYER on the WEBSITE, and the SELLER can keep it for a period of three years.

— Procedures and practices regarding privacy, personal data and electronic commercial communications,

— In case of dispute, the BUYER can submit his complaints to the SELLER through the contact information and make his legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.

Article 4 – RIGHT OF WITHDRAWAL

The BUYER has the right to withdraw from this Agreement within fourteen (14) days from the date of receipt of the Product, without giving any reason and without paying any penalty.

However, legally, there is no right of withdrawal in contracts regarding the following goods/services, even if they have not been used/utilized: a) Goods prepared in line with the special requests of the BUYER or his/her personal needs (including those made specific to the person/personal needs by making changes or additions, special Products imported/procured from within the country or abroad based on the BUYER’s order) b) Goods that can spoil quickly or whose expiration date has passed such as cosmetics etc. and foodstuffs such as chocolate etc. c) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable in terms of health and hygiene d) Goods that are mixed with other products after delivery and cannot be separated due to their nature e) All kinds of products with digital content such as books, CDs, DVDs, audio and video recordings, software etc. and computer consumables whose protective elements such as packaging, tape, seal, package have been opened; vi) all services performed instantly in electronic environment and all kinds of intangible goods delivered instantly to the consumer f) goods or services whose prices change depending on the fluctuations in financial markets and are not under the control of the seller/provider g) periodical publications such as newspapers and magazines, other than those provided under subscription agreements h) services such as accommodation, goods transportation, car rental, food and beverage supply and utilization of free time for entertainment or resting purposes that must be performed on a specific date or period i) services that are started to be performed within the period of the right of withdrawal with the approval of the BUYER and j) other goods and services generally accepted outside the scope of distance selling in accordance with the relevant legislation and cases where the BUYER makes purchases for commercial/professional purposes.

In cases where the right of withdrawal is available, the BUYER is legally responsible for any changes or deteriorations that occur if the product is not used in accordance with its operation, technical specifications and operating instructions during the withdrawal period. Accordingly, if there is a change or deterioration due to the Product not being used in accordance with its operation, technical specifications and operating instructions until the withdrawal date, the BUYER may lose the right of withdrawal; in cases where it is accepted by the SELLER, a deduction will be made from the price of the Product to be returned in the amount of the change/deterioration.

In cases where there is a right of withdrawal, it is sufficient for the BUYER to send a clear notification to the SELLER (verbally/written to the contact addresses specified above) within the legal 14-day period regarding the use of the right of withdrawal. In case the said right is used within the period, the Product must be sent to the SELLER’s address above within a maximum of ten (10) days, with the expenses to be borne by the BUYER. If a contracted cargo company is specified on the WEBSITE for product returns, the BUYER can send the Product from a branch within or outside the District where it is located, in which case the BUYER will not be charged any expenses.

In this return process, the Product must be returned complete and undamaged, together with its box, packaging, and standard accessories, if any. In addition to the cases where a Return Invoice must be issued by the BUYER pursuant to tax legislation, the section regarding the return specified below must be filled in and signed on the invoice to be returned with the Product. Returns of orders whose invoices are issued in the name of institutions (legal entities) will not be accepted unless a Return Invoice is issued.

“The address to which the product will be returned is the SELLER’s address / the address of the cargo company to which the return will be delivered.”

Provided that the above-mentioned requirements are fulfilled by the BUYER, the Product price and, if any, the delivery costs of the Product to the BUYER will be refunded to the BUYER in accordance with the payment method used when purchasing the Product, within 14 days from the date on which the notice of withdrawal reaches the SELLER.

The BUYER’s legal rights and responsibilities after the withdrawal period regarding the Products and the SELLER’s rights and responsibilities including contractual and legal collection and offset rights, including those regarding reward points, gift vouchers and free opportunities from the BUYER, are also available and valid.

ARTICLE 5 – SPECIAL CONDITIONS TO BE APPLIED IN CASES WHERE THE BUYER EARNS REWARD POINTS WHEN PURCHASING THE PRODUCT SUBJECT TO THE CONTRACT AND/OR USES REWARD POINTS AND MAKE PAYMENTS TO THE SELLER

5.1. In the presence of a current agreement-contract between the BUYER and the SELLER with an organization that provides award points etc., which allows award points to provide discounts etc. in purchases from the SELLER’s WEBSITE, if the BUYER has earned such an award point due to the shopping subject to this Agreement as a requirement of the said agreement of the SELLER and its own agreement with the said organization, in cases where this Agreement is withdrawn or otherwise terminated/order cancelled and a refund is made to the BUYER, the amount (monetary value) of the award points, gifts and similar earned by the BUYER through the purchase subject to this Agreement shall be taken back from the BUYER.

Namely; this withdrawal process is carried out by deducting (offsetting) in cash from the amount to be returned by the SELLER to the BUYER, if the BUYER has sufficient other award points (excluding the award points earned through the shopping subject to this Agreement) at the said institution-system, unless a different method is foreseen in the SELLER’s agreement with the relevant institution.

5.2. If the payment to the SELLER is made partially/fully with reward points etc. by the BUYER during the Product purchase subject to this Agreement, and the Product purchased in this manner is to be returned in a way that the Product price will be paid back to the BUYER in accordance with the relevant provisions of this Agreement, the reward points and similar that the BUYER used with the SELLER while purchasing the Product on the WEBSITE may be returned to the BUYER (again as points) unless the SELLER has a different agreement with the relevant institution.

5.3. As a general rule, in cases where any unfair earning or use of reward points is detected by the BUYER, the monetary value-amount of the reward points in question can be collected from the BUYER by the SELLER (via credit card, cash or other legal methods). This provision also applies to the price of the goods given as a gift by the SELLER to the BUYER as a result of the application of such a system.

5.4. Cash requests in return for reward points, gift vouchers, etc. earned from or used by the SELLER will not be accepted under any circumstances.

5.5. SELLER accepts no liability for disputes between BUYER and the above-mentioned organizations and any material, legal, financial and non-financial consequences thereof; the above provisions are valid and reserved.

5.6. The above provisions, if any, shall apply analogously to the earning and use of reward points obtained by the Consumer directly from the SELLER. All consumers who earn reward points from the WEBSITE/SELLER or use their reward points etc. in their payments to the SELLER, thus the BUYER, shall (also) accept the above special conditions.

ARTICLE 6 – RULES ON SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The privacy rules-policy and conditions specified below apply to the protection, confidentiality, processing-use and communications of information on the WEBSITE and other matters.

6.1. Necessary measures for the security of the information and transactions entered by the BUYER on the WEBSITE have been taken in the system infrastructure on the SELLER side, in accordance with today’s technical possibilities, according to the nature of the information and transaction. However, since the information in question is entered from the BUYER’s device, the responsibility for taking the necessary measures, including those related to viruses and similar harmful applications, to protect it on the BUYER side and prevent it from being accessed by unrelated persons, belongs to the BUYER.

6.2. In addition to and confirming the permissions-approvals regarding personal data and commercial electronic communications provided by the BUYER in other ways; the information obtained during the BUYER’s membership to the WEBSITE and shopping may be recorded, stored in printed/magnetic archives, updated, shared, transferred, used and processed in other ways by the SELLER, its current and future affiliates, subsidiaries, partners, successors and/or third parties/organizations determined by them for the provision of various products/services and all kinds of information, advertisement-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications for electronic and other commercial-social communications indefinitely or for a period they may foresee by the specified ones and their successors. These data may also be forwarded to the relevant Authorities and Courts when required by law. The BUYER has consented and allowed the use, sharing and processing of his/her current 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 receive commercial and non-commercial electronic and other communications.

6.3. BUYER may stop data usage and processing by reaching SELLER through the specified communication channels and/or by using the right of rejection in electronic communications sent to him/her at any time. According to BUYER’s clear notification in this regard, personal data transactions and/or communications to him/her shall be stopped within the legal maximum period; in addition, if he/she wishes, his/her information other than those legally required to be preserved and/or possible shall be deleted from the data recording system or shall be anonymized in a way that his/her identity cannot be determined. BUYER may, if he/she wishes, always apply to SELLER through the above communication channels and receive information on matters such as transactions regarding the processing of his/her personal data, persons to whom it is transferred, correction in case of deficiency or inaccuracy, notification of corrected information to relevant third parties, deletion or destruction of data, objection to the emergence of a result against him/her by means of analysis with automatic systems, compensation in case of damages due to unlawful processing of data. Applications and demands regarding these matters shall be fulfilled within the legal maximum periods or may not be accepted by explaining the legal justification to him/her.

6.4. Regarding all information and content of the WEBSITE and their arrangement, revision and partial/full use; all intellectual-industrial property rights and property rights belong to the SELLER, except for those belonging to other third parties in accordance with the agreement of the SELLER.

6.5. SELLER reserves the right to make any changes it may deem necessary regarding the above issues; these changes shall be valid from the moment they are announced by SELLER on the WEBSITE or by other appropriate methods.

6.6. Other sites accessed from the WEBSITE have their own privacy-security policies and terms of use, and the SELLER is not responsible for any disputes or negative consequences that may arise.

Article 7 – GENERAL PROVISIONS

7.1. The Product subject to the contract is delivered to the BUYER or the third person/organization at the address indicated on the WEBSITE in accordance with the principles specified below, provided that the legal 30-day period is not exceeded. The SELLER sends and delivers the Products through a contracted cargo company for its shipments. If this cargo company does not have a branch in the BUYER’s location, the BUYER must receive the Product from another branch of the cargo company notified by the SELLER.

Products in stock are delivered to the cargo company within three (3) business days at the latest from the date of order. However, if there are campaign Products in the same order, the campaign is expected to end and then, within 3 (three) business days at the latest, all Products in the order are given to the cargo company to be delivered to the person and address specified by the CONSUMER during the order. Cargo Companies deliver the shipments they receive from the SELLER to the BUYERS within an average of 2 (two) business days under normal conditions, although it varies according to the distance.

7.2 In general and unless otherwise explicitly stated, delivery costs (shipping costs etc.) belong to the BUYER. The SELLER may not reflect all or part of the delivery costs to the BUYER depending on the campaigns it runs at the time of sale and the terms of which are announced on the WEBSITE. In cases where the right of withdrawal is used for all of the ordered products or for a part of them (which the BUYER benefits from), if the minimum shopping amount falls below the SELLER free shipping (delivery) campaign, the entire delivery-shipping fee not collected within the scope of the campaign will be deducted from the amount to be returned to the BUYER and collected (in cases where the BUYER pays the delivery-shipping fee, this fee will be returned).

Similarly, in cases where the BUYER purchases a discount or a free (gift) product of the same nature by shopping at the minimum amount of any SELLER campaign or in all cases where the BUYER has won/used a gift voucher, if the right of withdrawal is used for all or part of the ordered products and the minimum price is dropped or the gift voucher earning/usage condition is eliminated in any way, thus generally speaking, the campaign benefiting conditions / gift voucher earning or usage conditions are violated/not complied with by the BUYER, the entirety of the said discount (and also the gift product price, if any) will be deducted from the amount to be returned to the BUYER and collected; if the BUYER has won a (virtual/physical) gift voucher due to his/her shopping, this voucher will be cancelled, if the (virtual or physical) gift voucher has been used, the entirety of the voucher price will be deducted from the amount to be returned to the BUYER.

These provisions apply in the same way to all other cases where the product is returned, except for defective products, as well as to cases where the right of withdrawal is exercised.

7.3. If the BUYER is not present at the address at the time of delivery of the products and the persons at the address do not accept the delivery, the SELLER shall be deemed to have fulfilled its obligation in this regard. If there is no one at the address to receive the delivery, it is the BUYER’s responsibility to contact the cargo company and follow up on the shipment of the products. If the product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered is not present at the address or does not accept the delivery.

In such cases, all kinds of damages arising from the BUYER’s late receipt of the Product, as well as the expenses incurred due to the Product waiting at the cargo company and/or the return of the cargo to the SELLER, belong to the BUYER.

7.4. The BUYER is responsible for checking the Product upon receipt and, if he/she sees a problem with the Product caused by the cargo, not accepting the Product and having a report drawn up by the cargo company officer. Otherwise, the SELLER will not accept any responsibility.

7.5. Unless otherwise stipulated in writing by the SELLER, the BUYER must have paid the price in full before receiving the Product. In cash sales, if the Product price is not paid in full to the SELLER before delivery, and in installment sales, if the due installment amount is not paid, the SELLER may unilaterally cancel the contract and not deliver the Product.

If, for any reason after the delivery of the Product, the Bank/financial institution to which the credit card was used does not pay the Product price to the SELLER or requests the amount paid back, the Product shall be returned to the SELLER by the BUYER within 3 days at the latest. If the non-payment of the Product price is due to a fault or negligence of the BUYER, the shipping costs shall be covered by the BUYER. The SELLER reserves all other contractual and legal rights, including the right to pursue the Product price without accepting the return.

For the avoidance of doubt; in cases where the BUYER pays the sales price with a credit card, installment card, etc. from banks (including financial institutions), all opportunities provided by these cards are credit and/or installment payment opportunities provided directly by the institution that issued the card; Product sales realized within this framework and for which the SELLER collects the price in a lump sum or in stages are not credit or installment sales for the parties to this Agreement, but are cash sales. The SELLER’s legal rights in cases legally considered as installment sales (including the rights to terminate the contract in case of non-payment of installments and/or to demand payment of the entire remaining debt together with the default interest) are available and reserved within the framework of the relevant legislation. In case of default by the BUYER, a default interest shall be applied at a monthly rate as stipulated by the laws in force.

7.6. If the Product cannot be delivered within the legal maximum period of 30 days due to extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquake, flood, fire) outside of normal sales/delivery conditions, the SELLER will inform the BUYER about the delivery. In this case, the BUYER may cancel the order, order a similar product or wait until the extraordinary situation ends.

7.7. If the SELLER understands that it cannot supply the Product subject to the Contract, it may supply another product/service of equal quality and price, provided that it clearly informs the BUYER within three (3) days from the date of learning of this situation in a legal manner and obtains his verbal/written approval, and thus it is deemed to have fulfilled its commitment subject to the Contract. The BUYER is free to give or not give the said approval in all respects, and in cases where it does not give approval, the contractual-legal provisions regarding order cancellation (termination of the Contract) shall apply.

7.8. In case of order cancellations including withdrawals in accordance with the contract and law and in case of termination of the contract, if the Product price has been collected, it will be returned to the BUYER within a maximum of 14 days. The requirements of the following rule are reserved. The return will be made in accordance with the payment instrument used by the BUYER to pay the Product price to the SELLER. For example, in credit card payments, the return transaction will be made by returning it to the BUYER’s credit card and the Product amount will be returned to the relevant bank within the same period after the order is cancelled by the BUYER; since the reflection of this amount to the BUYER’s accounts after the return transaction is made by the SELLER is completely related to the bank transaction process, the BUYER accepts in advance that it will not be possible for the SELLER to intervene and assume responsibility for possible delays (the process of banks reflecting the return to the BUYER’s account can usually take up to three weeks).

The SELLER has and reserves the rights of offset, discount and deduction arising from this Agreement and the law for the amount to be returned. The BUYER’s legal rights regarding the cases where the Agreement is terminated by the BUYER due to the SELLER’s failure to perform its obligations are also reserved and available.

7.9. BUYER may notify SELLER of his/her requests and complaints regarding the Product and sales, verbally or in writing, by reaching SELLER through the communication channels in the introduction section of the Contract.

7.10. Some of the matters written in Article 3 above may not be included in this Agreement due to their nature; however, they are included in the Preliminary Information viewed/approved by the BUYER on the WEBSITE, as well as in the sales stages or general information pages/sections of the WEBSITE -depending on the interest.