DISTANCE SALES AGREEMENT

1. PARTIES

This Agreement is executed between the parties listed below, under the terms and conditions specified herein.

A. "BUYER"; (hereinafter referred to as the "BUYER")
Name – Surname:
Address:

B. "SELLER"; (hereinafter referred to as the "SELLER")
Name – Surname:
Address:

By accepting this agreement, the BUYER acknowledges in advance that if they approve the order, they are obliged to pay the order amount and any additional charges such as shipping and tax, and that they have been informed accordingly.

2. DEFINITIONS

For the implementation and interpretation of this contract, the following terms shall have the meanings set forth below:

• MINISTER: Minister of Customs and Trade

• MINISTRY: Ministry of Customs and Trade

• LAW: Law No. 6502 on the Protection of Consumers

• REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)

• SERVICE: Any consumer transaction other than the provision of goods, performed or committed to be performed in exchange for a fee or benefit

• SELLER: The company offering goods within the scope of its commercial or professional activities, or acting on behalf or account of the one offering goods

• BUYER: A natural or legal person who acquires, uses, or benefits from a product or service for non-commercial or non-professional purposes

• SITE: The website owned by the SELLER

• ORDER PLACER: The real or legal person who requests a product or service through the SELLER’s website

• PARTIES: Refers to both the SELLER and the BUYER

• AGREEMENT: This distance sales agreement executed between the SELLER and the BUYER

• GOODS: Movable items that are subject to shopping and all software, audio, video, and other intangible goods prepared for use in the electronic environment

3. SUBJECT

This Agreement determines the rights and obligations of the parties in accordance with the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of the product(s) ordered electronically by the BUYER via the SELLER’s website, the features and prices of which are stated below.

The listed and announced prices on the site are the sales prices. These prices and promises are valid until updated or changed. Time-limited prices remain valid until the end of the specified period.

4. SELLER INFORMATION

Company Name:
Address:
Phone:
Fax:
Email:

5. BUYER INFORMATION

Recipient Name:
Delivery Address:
Phone:
Fax:
Email/Username:

6. ORDERING PARTY INFORMATION

Full Name/Title:
Address:
Phone:
Fax:
Email/Username:

7. PRODUCT(S)/SERVICE SUBJECT TO AGREEMENT

7.1. The essential characteristics (type, quantity, brand/model, color, unit) of the product(s)/service(s) are published on the SELLER's website. If there is a promotion, these characteristics can be reviewed during the campaign period. Campaign validity is limited to the stated date.

7.2. Listed and published prices on the site are the final sales prices. These prices and related commitments remain valid until they are updated or changed. Time-limited offers are valid until the specified end date.

7.3. The total price of the product or service including all taxes is shown below:

Total:

Payment Method & Plan:
Delivery Address:
Recipient:
Invoice Address:
Order Date:
Delivery Date:
Delivery Method:

7.4. The shipping cost for product delivery shall be borne by the BUYER.

8. INVOICE INFORMATION

Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:

Invoice Delivery: The invoice will be delivered along with the order to the invoice address during delivery.

9. GENERAL PROVISIONS

9.1. The BUYER acknowledges, declares, and undertakes that they have read the preliminary information on the SELLER’s website regarding the basic features, sale price, payment method, and delivery information of the product subject to this Agreement, and that they have confirmed this information electronically. By confirming the Preliminary Information electronically, the BUYER acknowledges that they have obtained the address, basic features of the ordered products, the price including taxes, payment and delivery information required to be given by the SELLER before the conclusion of the distance sales contract, accurately and completely.

9.2. Each product subject to the contract shall be delivered to the BUYER or to the person/institution at the address designated by the BUYER within the period specified on the website, not exceeding the legal period of 30 days, depending on the delivery distance. If the product cannot be delivered within this period, the BUYER has the right to terminate the contract.

9.3. The SELLER agrees, declares, and undertakes to deliver the product subject to the contract in full, in accordance with the specifications stated in the order, with all relevant documents such as warranty certificates and user manuals, free from any defects, in compliance with legal regulations and standards, with diligence, integrity, and responsibility.

9.4. Before the delivery period expires, the SELLER may, with the BUYER’s explicit approval, supply a different product of equal quality and price.

9.5. If fulfilling the order becomes impossible, the SELLER shall inform the consumer within 3 days of becoming aware of the situation and shall refund the full payment to the BUYER within 14 days.

9.6. The BUYER agrees that in case the payment for the ordered product is not made or is canceled in the bank records, the SELLER is released from the obligation to deliver the product.

9.7. If, after delivery of the product, it is determined that the credit card used for the purchase has been used unlawfully or by unauthorized persons and the product price is not paid to the SELLER by the related bank or financial institution, the BUYER agrees to return the product to the SELLER within 3 days, with shipping costs borne by the SELLER.

9.8. In cases of force majeure beyond the control of the parties that could not be foreseen and prevent or delay the fulfillment of obligations, the SELLER agrees to inform the BUYER. The BUYER may then choose to cancel the order, request a replacement product, or postpone delivery until the issue is resolved. In case of cancellation, the product amount shall be refunded within 14 days for payments made in cash. For credit card payments, the amount is refunded to the bank within 14 days, and the bank’s internal process determines the time it takes to reflect this to the BUYER’s account. The BUYER agrees not to hold the SELLER responsible for any delays caused by the bank.

9.9. The SELLER may contact the BUYER for marketing, notifications, and other purposes using the contact details provided during registration (mail, email, SMS, phone, etc.). The BUYER accepts and consents to these communications.

9.10. Before accepting delivery, the BUYER must inspect the product. Damaged or defective items (e.g., crushed, broken, torn packaging) should not be accepted from the courier. Products accepted from the courier are deemed undamaged and intact. The BUYER is responsible for the proper storage of the product after delivery. If the right of withdrawal is to be used, the product must not be used, and the invoice must be returned.

9.11. If the credit card holder and the BUYER are not the same person, or if a security issue is identified with the credit card used, the SELLER may request identity and contact information, the previous month’s statement, or a letter from the bank confirming the card belongs to the holder. The order will be frozen until the requested documents are provided. If not provided within 24 hours, the SELLER has the right to cancel the order.

9.12. The BUYER declares that the personal and other information provided during membership is accurate, and agrees to compensate the SELLER immediately for any damages incurred due to false information.

9.13. The BUYER undertakes to comply with all relevant legal regulations while using the SELLER’s website and will bear full legal and criminal responsibility in case of violations.

9.14. The BUYER agrees not to use the SELLER’s website for purposes that are contrary to public morality, offensive, unlawful, or infringing on the rights of others. Activities that prevent others from using the services (e.g., spam, viruses, trojans) are prohibited.

9.15. The SELLER’s website may contain links to other sites not under the SELLER’s control. These links are provided for convenience and do not imply endorsement. The SELLER does not guarantee the content of these linked sites.

9.16. Members who violate any clause of this agreement are personally responsible for any legal consequences and will keep the SELLER harmless. The SELLER reserves the right to seek compensation if the matter is taken to court.

10. RIGHT OF WITHDRAWAL

10.1. In distance contracts regarding the sale of goods, the BUYER may exercise the right of withdrawal without assuming any legal or penal liability and without giving any reason, by rejecting the product within 14 (fourteen) days from the delivery date to the BUYER or to the third party designated by the BUYER, provided that the SELLER is notified. In distance contracts for the provision of services, this period starts from the date the contract is concluded. However, the right of withdrawal cannot be exercised if the service has commenced with the consumer's prior approval before the withdrawal period ends. Any costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this Agreement, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.

10.2. In order to exercise the right of withdrawal, a written notice must be sent to the SELLER via registered mail with return receipt, fax, or email within 14 (fourteen) days, and the product must be unused and eligible for return under the "Products Not Eligible for Withdrawal" section of this agreement. Upon exercising this right:

a) The invoice for the product delivered to the third party or the BUYER must be returned. (If the invoice is issued to a legal entity, a return invoice must be submitted. Returns for institutional purchases cannot be completed without a return invoice.)
b) The return form must be filled out.
c) The product to be returned must be delivered complete and undamaged with its box, packaging, and standard accessories, if any.
d) Upon receipt of the withdrawal notice, the SELLER shall refund all amounts paid by the BUYER and return any documents creating an obligation within 10 days, and collect the product within 20 days.
e) If there is a reduction in the value of the goods due to the BUYER’s fault or if return becomes impossible, the BUYER shall compensate the SELLER for the damages in proportion to the fault. However, the BUYER is not liable for changes or deteriorations that occur due to proper use during the withdrawal period.
f) If the right of withdrawal is exercised and it causes the total amount to fall below the promotional limit, the discount previously applied will be canceled.

11. PRODUCTS NOT ELIGIBLE FOR THE RIGHT OF WITHDRAWAL

The right of withdrawal cannot be exercised for the following goods/services:

• Products that are prepared according to the BUYER’s personal requests or clearly tailored to personal needs.

• Underwear bottom pieces, swimsuits, and bikini bottoms.

• Cosmetic products, makeup items.

• Single-use items.

• Perishable goods or items with the possibility of expiry.

• Products that are not suitable for return due to health and hygiene reasons and where the packaging has been opened after delivery.

• Products that are mixed with other items after delivery and cannot be separated due to their nature.

• Newspapers, magazines, or other periodicals, except those provided under a subscription agreement.

• Digital content delivered instantly via electronic means or intangible goods delivered immediately to the consumer.

• Sound or video recordings, books, downloadable software, software programs, data storage devices, computer consumables (e.g., toner, cartridges, ribbons, etc.) whose packaging has been opened by the BUYER.

To be eligible for return, the packaging of such products must not be opened, tested, used, or damaged.

12. DEFAULT AND LEGAL CONSEQUENCES

If the BUYER defaults in payment made by credit card, the BUYER agrees, declares, and undertakes to pay interest under the credit card agreement made with the card-issuing bank and to be responsible to the bank. In this case, the respective bank may initiate legal proceedings and claim any expenses and legal fees from the BUYER. In the event of the BUYER's default, the BUYER agrees to compensate the SELLER for all losses and damages incurred due to the delayed performance of the debt.

13. COMPETENT COURT

In disputes arising from this contract, complaints and objections can be filed with the consumer arbitration committee or the consumer court located in the place of residence of the BUYER or where the transaction took place, within the monetary limits specified in the law:

Effective from 28/05/2014:

a) Disputes under 2,000.00 TL are handled by the district consumer arbitration committees,
b) Disputes under 3,000.00 TL are handled by the provincial consumer arbitration committees,
c) In metropolitan municipalities, disputes between 2,000.00 TL and 3,000.00 TL are handled by the provincial arbitration committees.

This Agreement is made for commercial purposes.

14. ENFORCEMENT

Once the BUYER makes the payment for the order placed on the website, they are deemed to have accepted all terms of this agreement. The SELLER is responsible for ensuring the BUYER has read and approved this agreement electronically prior to order confirmation via the website's system.

SELLER: TG SAGAS SAN. TEKS. KONF. GIDA. İNŞ. ORG. VE DIŞ TİC. A.Ş.
BUYER: [To be filled by buyer]
DATE: