Distance Sales Agreement

DISTANCE SALES AGREEMENT

PARTIES

This Distance Sales Agreement ("Agreement") has been executed electronically between Aintap Mağazacılık Limited Şirketi ("Seller"), operating at (Address), and the person who purchases the Seller's services/products through the website (Site Email) ("Buyer"), whose information is provided below.

The Parties acknowledge, declare, and undertake that they have read this entire Agreement, fully understood its content, and approved all of its provisions.

SELLER:
Seller's Trade Name: Aintap Mağazacılık Limited Şirketi
Seller's Registered Address: (Address)
Seller's Mersis No: (Mersis No)
Seller's E-mail Address: (Site Email)
Seller's Phone:

BUYER:
Buyer's Name/Surname:
Buyer's Address:
Buyer's Phone:
Buyer's E-mail Address:

The Seller and Buyer shall each be individually referred to as a "Party" and collectively as the "Parties."

By purchasing products and services from the Seller, the Buyer acknowledges, declares, and undertakes that they have read this entire Agreement, fully understood its content, and approved all of its provisions. Likewise, the Seller declares and undertakes the following matters to the Buyer. Therefore, the accuracy of the information provided by the Buyer at the time of purchasing the service is warranted by the Buyer.

FORMATION OF THE AGREEMENT

THE BUYER ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTOOD THE AGREEMENT AND ARE AWARE OF THEIR RIGHTS AND OBLIGATIONS.

THE PARTIES ACKNOWLEDGE THAT THERE IS NO DISPROPORTION BETWEEN THE OBLIGATIONS AGREED UPON UNDER THE AGREEMENT, THAT THE RECIPROCAL OBLIGATIONS ARE APPROPRIATE TO THE NATURE OF THE TRANSACTION, AND THAT THEY HAVE NO LACK OF EXPERIENCE WITH RESPECT TO THE TRANSACTIONS COVERED BY THE AGREEMENT.

THE BUYER ACKNOWLEDGES THAT THEY HAVE FULLY CONCLUDED THAT THE TRANSACTIONS COVERED BY THE AGREEMENT ARE IN THEIR OWN INTEREST AND THAT THEY WILL COMPLY WITH ALL TERMS OF THEIR OWN FREE WILL, WITHOUT ANY DIFFICULTY OR HARDSHIP, THOUGHTFULLY, WILLINGLY, AND KNOWINGLY.

THE PARTIES ACKNOWLEDGE THAT THE PROVISIONS OF THE AGREEMENT DO NOT QUALIFY AS UNFAIR TERMS AND THAT THERE IS NO UNFAIRNESS IN TERMS OF THE BALANCE OF INTERESTS.

THE PROVISIONS OF THIS AGREEMENT DO NOT CONTAIN ANY UNFAIR TERMS PURSUANT TO THE REGULATION ON UNFAIR TERMS IN CONSUMER CONTRACTS. THE PROVISIONS DO NOT VIOLATE THE PRINCIPLE OF GOOD FAITH AND HAVE BEEN PREPARED IN ACCORDANCE WITH CONSUMER PROTECTION LEGISLATION.

THE PROVISIONS OF THIS AGREEMENT HAVE BEEN PREPARED TAKING INTO ACCOUNT THE PROVISIONS OF THE TURKISH CODE OF OBLIGATIONS. THE BINDING NATURE AND CONTENT REVIEW STIPULATED IN ARTICLE 21 OF THE TURKISH CODE OF OBLIGATIONS HAVE BEEN CARRIED OUT BY THE BUYER. NONE OF THE PROVISIONS OF THIS AGREEMENT ARE FOREIGN TO THE NATURE OF THIS AGREEMENT AND THE CHARACTERISTICS OF THE TRANSACTION (SURPRISING TERMS). THE PROVISIONS OF THIS AGREEMENT ARE WRITTEN CLEARLY AND UNDERSTANDABLY AND DO NOT EXPRESS MORE THAN ONE MEANING.

SUBJECT AND SCOPE OF THE AGREEMENT

The subject of this Agreement is to determine the rights and obligations of the Parties, pursuant to Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation, regarding the sale and delivery of the product whose characteristics and sale price are specified below, which the Buyer has ordered electronically through the Seller's website tr.femplemodest.com ("Site").

BASIC CHARACTERISTICS OF THE GOODS OR SERVICES SUBJECT TO THE AGREEMENT

The basic characteristics, sale price, delivery, and payment terms of the product subject to this Agreement are as follows:
Product/Service Type: Sale of product and/or service made by the Seller to the Buyer through the Site
Product Code and Name
Quantity
Unit Price (VAT included)
[…]
[…]
[…]

PAYMENT AND DELIVERY TERMS

Total product price excluding shipping:
Shipping Fee:
Total product price including shipping and all taxes:

Delivery Address:
Person to Receive Delivery:

The total product price specified above is collected from the Buyer by Aintap MAĞAZACILIK LTD. ŞTİ.
Delivery terms of the product/service subject to the Agreement:
Carrier Company Information: Carrier companies used by the Seller ((Contracted Cargo Companies) - Shipping information will be automatically displayed/sent to the customer.)
Delivery Address:
Person to Receive Delivery:

DELIVERY

Unless the product subject to the Agreement is prepared according to the Buyer's request or personal needs, it shall be delivered to the Buyer or to the person/organization at the address indicated by the Buyer within the period specified in the preliminary information form, depending on the distance to the Buyer's place of residence, provided that this does not exceed the legal period of 30 (thirty) days for each product.

For the avoidance of doubt, delivery of the product(s) subject to this Agreement requires that this Agreement and the Preliminary Information Form have been electronically confirmed by the Buyer, and that the price of the product(s) has been paid in full through the Buyer's chosen payment method. If, for any reason, the product price is not paid, is paid incompletely, or the payment is cancelled in bank records, the Seller shall be deemed released from the obligation to deliver the product.

In cases where it becomes impossible to fulfill the goods or service ordered, the Seller shall notify the Buyer in writing or through a permanent data storage device within 3 (three) days of becoming aware of this situation, and shall refund all payments collected, including any delivery costs, to the Buyer within 14 (fourteen) days at the latest from the date of notification.

BUYER'S DECLARATIONS AND UNDERTAKINGS

The Buyer acknowledges, declares, and undertakes that they have read and are informed of the preliminary information uploaded by the Seller regarding the basic characteristics, sale price, payment method, and delivery and shipping costs of the goods or services subject to the Agreement on the Site, that they have given the necessary electronic confirmation, that they are aware that confirming the order on the Site places them under a PAYMENT OBLIGATION, that they are purchasing the product/service electronically, and that the sale price will be collected from the credit/debit card whose information they have entered for the payment transaction.

By electronically confirming this Agreement and the Preliminary Information Form, the Buyer also confirms that they have accurately and completely obtained the address, the basic characteristics of the ordered goods or services, the price including taxes, and the payment and delivery information, including delivery cost, which the Seller is required to provide to the Buyer prior to the conclusion of distance contracts.

If, after delivery of the goods or service, the relevant bank or financial institution does not pay the price of the goods or service to the Seller due to unauthorized or unlawful use of the Buyer's credit card by unauthorized persons through no fault of the Buyer, the Buyer is obliged to return the goods or service to the Seller within 3 (three) days, provided that it has been delivered to them. In this case, delivery costs shall be borne by the Buyer.

If the goods or service subject to the Agreement are to be delivered to a person other than the Buyer, the Seller cannot be held responsible if the person to receive delivery refuses to accept it.

If the Buyer is not present at the address where delivery of the order is requested, the order will under no circumstances be left at a different address. In this case, the Buyer must accept the legal obligations arising from having placed an order to an address where they are not present.

If the product subject to the Agreement is to be delivered to a person/organization other than the Buyer, the Seller cannot be held responsible if the person/organization to receive delivery refuses to accept it.

The Seller is responsible for delivering the product subject to the Agreement in a sound, complete condition, in accordance with the qualifications specified in the order. Provided there is a justified reason, and subject to informing the Buyer and obtaining their explicit consent, the Seller may supply goods or services of equal quality and price to the Buyer before the expiration of the performance obligation arising from the Agreement.

Electronic confirmation of this Agreement and payment of the price of the order subject to the Agreement are required for delivery of the product subject to the Agreement. If, for any reason, the product price is not paid or is cancelled in bank records, the Seller shall be deemed released from the obligation to deliver the product under this Agreement.

The Seller is responsible for any loss and damage occurring until the delivery of the goods to the Buyer or to a third party designated by the Buyer other than the carrier. If the Buyer requests that the goods be sent via a carrier other than the one designated by the Seller, the Seller shall not be responsible for any loss or damage that may occur from the moment the goods are delivered to the relevant carrier.

The service offered by the Seller is intended for the end user within the scope of retail sales; the Seller reserves the right to cancel the order and not deliver the products if it suspects that the Buyer intends to resell them, even if this Agreement has already been formed.

The Buyer must inspect the product before accepting delivery and should not accept a defective or damaged product from the Seller's representative or the cargo company if the defect or damage is detectable through ordinary inspection. If the Buyer neglects to inspect the goods and accepts delivery, the product shall be deemed to have been accepted as sound and undamaged.

SELLER'S DECLARATIONS AND UNDERTAKINGS

The Seller is responsible for delivering the goods or services subject to the Agreement to the Buyer in a sound, complete condition, in accordance with consumer legislation and the qualifications specified in the order, together with warranty documents and user manuals, if any.

Provided there is a justified reason, and subject to informing the Buyer and obtaining their explicit consent, the Seller may supply a different product of equal quality and price to the Buyer before the expiration of the performance obligation arising from the Agreement.

BUYER'S RIGHT OF WITHDRAWAL

Without prejudice to the other provisions set forth in the Agreement, the provisions and conditions regulated under this Article 8 shall only apply if the Buyer qualifies as a consumer under the relevant legislation.

For Buyers who qualify as consumers under Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation, the right of withdrawal and its exercise:

Pursuant to the relevant provisions of Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation;

The consumer Buyer has the right to withdraw from the contract within 14 (fourteen) days, without giving any reason and without paying any penalty, from the date the contract is formed for service agreements, and from the date the goods are received for distance contracts related to the sale of goods. It is sufficient that the notice of exercise of the right of withdrawal be submitted to the Seller in writing or via a permanent data storage device within this period. The Seller's contact information to which the withdrawal notice may be sent is as follows:
Registered Address: (Address)
Phone No: (Phone Number)
E-mail: (Site Email)

The consumer Buyer will be informed following receipt by the Seller of the notice of exercise of the right of withdrawal.

Within 14 (fourteen) days from the date the notice of the consumer Buyer's exercise of the right of withdrawal reaches it, the Seller shall refund, in a single payment, to the consumer Buyer, all payments made by the consumer Buyer to the Seller regarding the relevant goods or service, including the delivery costs of the goods to the consumer Buyer, if any, in a manner appropriate to the payment method used at the time of purchase, and without imposing any cost or obligation on the consumer.

If the consumer Buyer exercises their right of withdrawal, the cargo company designated by the Seller for return of the product is the Company's contracted cargo company. If the goods are returned via the cargo company specified here upon exercise of the right of withdrawal, the consumer Buyer shall not be held responsible for the return costs. If the consumer Buyer sends the goods to be returned via a cargo company other than the Seller's contracted cargo company specified in this Agreement, the Seller shall not be responsible for the return shipping costs or for any damage the goods may sustain during the shipping process. If the contracted cargo company for returns does not have a branch in the consumer Buyer's location, the Seller is obliged to arrange for the collection of the goods to be returned from the consumer, without requesting any additional cost.

The consumer Buyer must return the goods to the Seller within 10 (ten) days from the date they submit the notice of exercise of the right of withdrawal. The goods subject to return must be returned to the Seller complete and undamaged, together with their invoice, box, packaging, standard accessories if any, and any other products gifted due to the purchase of the said goods. The consumer Buyer must use the goods in accordance with their functioning, technical specifications, and instructions for use during the withdrawal period; otherwise, they shall be responsible for any change or deterioration occurring in the goods.

Since the refund of order amounts paid via bank accounts or credit cards, and their reflection in the consumer Buyer's accounts, is entirely related to the bank's transaction process, the Seller cannot intervene in any way in possible delays. For this reason, it may take a long time for the amount refunded to the consumer Buyer's bank account or credit card to be reflected by the bank in the consumer Buyer's account or credit card.

Pursuant to Article 15 of the Distance Sales Regulation, the consumer Buyer's right of withdrawal does not apply to, and the consumer Buyer may not exercise the right of withdrawal for, contracts relating to: (a) goods or services whose price varies depending on fluctuations in financial markets and which are not under the control of the seller or supplier; (b) goods prepared in accordance with the consumer's requests or personal needs; (c) delivery of perishable goods or goods with an expiration date that may pass; (ç) goods whose protective elements such as packaging, tape, seal, or package have been opened after delivery, where return is not suitable for health and hygiene reasons; (d) goods that have become mixed with other products after delivery and cannot, by their nature, be separated; (e) books, digital content, and computer consumables supplied on a physical medium, if their protective elements such as packaging, tape, seal, or package have been opened after delivery of the goods; (f) delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement; (g) accommodation, moving of goods, car rental, food and beverage supply, and services related to leisure activities for entertainment or recreation purposes to be performed on a specific date or period; (ğ) services performed instantly in electronic form or intangible goods delivered instantly to the consumer; and (h) services whose performance has begun with the consumer's approval before the expiration of the withdrawal period.

Complaint and objection procedure for Buyers who qualify as consumers under Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation:

Any complaints and objections arising from this Agreement may be submitted to the Consumer Arbitration Committee or the Consumer Court in the place of residence of the Buyer or where the consumer transaction took place, in accordance with the monetary limits determined annually in December by the Ministry of Trade.

SELLER'S METHOD OF RESOLVING COMPLAINTS

The Buyer may submit complaints regarding purchased goods and/or services directly to the Seller (using the Seller's contact information specified under the Parties section above). Upon receipt of a complaint, the Seller will provide all possible support to resolve the issue.

DEFAULT AND ITS LEGAL CONSEQUENCES

If the Buyer defaults on transactions made with a credit card, the Buyer shall be liable to the card-issuing bank under the credit card agreement made with that bank. In this case, the relevant bank may resort to legal action and may claim any resulting costs and attorney's fees from the Buyer. In any case, if the Buyer defaults, the Buyer shall be liable for any and all damages and losses incurred by the Seller.

INTELLECTUAL PROPERTY

The Buyer acknowledges and declares that all rights arising from the Law on Intellectual and Artistic Works (FSEK) relating to the special design techniques, textures, patterns, designs, drawings, design elements (icons, buttons, etc.), styles, gradients and solid color tones, and all kinds of graphic designs, illustrations, drawings, designs, and works, and the elements used in the design of all products offered for sale on the Site, belong to the Seller.

All information and content on the Site, and their arrangement, revision, and partial/full use, belong to the Seller in terms of all intellectual and industrial rights and ownership rights, except for those belonging to third parties under the Seller's agreements. The whole or part of the product(s) purchased by the Buyer and/or any information, software, or service obtained from the product may not be modified, copied, distributed, reproduced, published, subjected to derivative works, transferred, or sold. The Buyer acknowledges and undertakes that they will not use the product purchased under this Agreement for illegal purposes and/or in these prohibited manners. Otherwise, all legal and criminal liability arising therefrom shall belong to the Buyer, and the Seller reserves all rights to compensation and other claims arising from such unauthorized use against any claims and demands that may be raised against the Seller by third parties or competent authorities.

RESOLUTION OF DISPUTES

Any complaints and objections arising from this Agreement may be submitted to the Consumer Arbitration Committee or the Consumer Court in the place of residence of the Buyer or where the consumer transaction took place, in accordance with the monetary limits determined annually in December by the Ministry of Trade.

OTHER PROVISIONS

The Seller may transfer its rights and obligations arising from this Agreement to third parties without obtaining the Buyer's consent. The Buyer may not transfer its rights and obligations arising from this Agreement to third parties without obtaining the Seller's consent.

The Buyer acknowledges that, in any disputes that may arise under this Agreement, the electronic records and system records, commercial records, book records, microfilm, microfiche, and computer records kept by the Seller in its own database or servers shall constitute valid, binding, conclusive, and exclusive evidence; that the Buyer waives the right to request an oath from the Seller; and that this clause constitutes an evidentiary agreement within the meaning of Article 193 of the Code of Civil Procedure.

Circumstances that occur outside the reasonable control of the relevant Party and that prevent and/or delay that Party from performing its obligations under this Agreement without any fault or negligence on its part shall be considered force majeure. (Examples include strikes, lockouts, declared or undeclared war, civil war, acts of terrorism, earthquakes, fires, floods, and similar natural disasters; legislative and administrative actions of any official authority, provided they do not arise from the inadequacy of either Party; and technical failures and delays arising from other service providers providing internet connections, and similar situations). The Parties shall not be held liable for failing to fully or timely perform their obligations due to such events, which are beyond their control and which they could not reasonably foresee. The Party whose obligations are affected by such force majeure shall notify the other Party in writing as soon as possible and shall, as soon as possible, provide the other Party with a document certifying the force majeure event, issued by an authorized person or institution.

EFFECTIVE DATE

This Agreement has been executed and entered into force on the date it is electronically confirmed by the Buyer online. Transactions made through the Site shall be considered binding declarations of intent for the parties in accordance with the Turkish Code of Obligations, consumer legislation, and other applicable legislation.

The text of this Agreement will be sent by e-mail to the address provided by the Buyer immediately after confirmation and will be retained by the Seller for a period of 3 (three) years. The Buyer may, at any time, request access to a copy of this Agreement from the Seller by submitting a request to (Site Email).