Distance Sales Contract

DISTANCE SALES CONTRACT

1. PARTIES

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

A. 'BUYER' (hereinafter referred to as "BUYER")

NAME - SURNAME:

ADDRESS:

B. 'SELLER' (hereinafter referred to as "SELLER")

Nihan Ayvalı ("Nihan İstanbul")

ADDRESS: Göktürk Merkez Mah. Belediye Cad. Larus Loft No:21 İç Kapı No:62 Eyüpsultan / Istanbul

PHONE: +90 530 237 94 03

By accepting this contract, the BUYER acknowledges that, upon confirming the order, they are obligated to pay the order amount and any additional costs such as shipping fees and taxes, and that they have been informed about this.

2. DEFINITIONS

In the application and interpretation of this contract, the terms listed below shall have the meanings assigned to them.

MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: The Law No. 6502 on Protection of Consumers,
REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),
SERVICE: All consumer transactions other than the provision of goods made or promised for a fee or benefit,
SELLER: The company that provides goods to consumers within the scope of commercial or professional activities or acts on behalf of or on account of a company,
BUYER: The natural or legal person who acquires, uses, or benefits from a good or service for purposes other than commercial or professional,
SITE: The SELLER's internet site,
ORDERING PERSON: The natural or legal person who requests a good or service through the SELLER's internet site,
PARTIES: The SELLER and the BUYER,
CONTRACT: This agreement between the SELLER and the BUYER,
GOODS: Movable items subject to the purchase and intangible assets prepared for use in electronic environments, such as software, audio, and video.

3. SUBJECT

This Agreement regulates the rights and obligations of the parties in accordance with the Law No. 6502 on Protection of Consumers and the Regulation on Distance Contracts concerning the sale and delivery of the product ordered by the BUYER through the SELLER's internet site, which is described below with its characteristics and sales price.

The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until an update or change is made. Prices announced for a specified period are valid until the end of that period.

4. SELLER INFORMATION

TITLE: Nihan Ayvalı ("Nihan İstanbul")

ADDRESS: Göktürk Merkez Mah. Belediye Cad. Larus Loft No:21 İç Kapı No:62 Eyüpsultan / Istanbul

PHONE: +90 530 237 94 03

Email: info@nihanistanbul.com

5. BUYER INFORMATION

(The information stated in the ORDER FORM will be accepted.)

Delivery Person:

Delivery Address:

Phone:

Fax:

Email/Username:

6. ORDERING PERSON INFORMATION

(The information stated in the ORDER FORM will be accepted.)

Name/Surname/Title:

Address:

Phone:

Fax:

Email/Username:

7. PRODUCT(S) INFORMATION

7.1. The basic features of the goods/products/services (type, quantity, brand/model, color, number) are published on the SELLER's internet site. If the SELLER has organized a campaign, you can review the basic features of the relevant product during the campaign period. This is valid until the campaign date.

7.2. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until an update or change is made. Prices announced for a specified period are valid until the end of that period.

7.3. The total sales price including all taxes of the goods or services subject to the contract is shown below.

(The information stated in the ORDER FORM will be accepted.)

Product Description:

Quantity:

Unit Price:

Subtotal (Including VAT):

Shipping Cost:

Total:

Payment Method and Plan:

Delivery Address:

Delivery Person:

Invoice Address:

Order Date:

Delivery Date:

Delivery Method:

7.4. Unless otherwise specified, the shipping cost, which is the cost of product shipment, will be paid by the BUYER.

8. INVOICE INFORMATION

(The information stated in the ORDER FORM will be accepted.)

Name/Surname/Title:

Address:

Phone:

Fax:

Email/Username:

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

9. GENERAL TERMS

9.1. The BUYER acknowledges, declares, and undertakes that they have read the fundamental characteristics, sale price, and payment method of the product, as well as preliminary information regarding delivery on the SELLER's website, that they are informed and have given the necessary confirmation electronically. The BUYER also acknowledges, declares, and undertakes that they have obtained the address that the SELLER must provide, the basic features of the ordered products, the prices including taxes, and the payment and delivery information correctly and completely before the establishment of the distance sales contract.

9.2. Each product subject to the contract will be delivered to the BUYER or the person/institution indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance from the BUYER's place of residence, without exceeding the legal 30-day period. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to cancel the contract.

9.3. The SELLER undertakes to deliver the product subject to the contract complete, in accordance with the specifications mentioned in the order, and with any guarantee documents, user manuals, and other necessary information and documents. The SELLER also undertakes to perform the task in accordance with legal regulations, free from any defects, in a manner that complies with standards, and with accuracy and honesty. The SELLER is committed to maintaining and improving service quality, showing the necessary care and diligence during the performance of the work, and acting with caution and foresight.

9.4. The SELLER may provide a product of equal quality and price by informing the BUYER and obtaining explicit approval before the expiration of the performance obligation under the contract.

9.5. If the SELLER is unable to fulfill the obligations under the contract due to impossibility, they undertake to notify the consumer in writing within 3 days from the date of learning about this situation and to refund the total amount to the BUYER within 14 days.

9.6. The BUYER acknowledges, declares, and undertakes that they will confirm this contract electronically for the delivery of the product. If the product price is not paid or is canceled in the bank records for any reason, the SELLER’s obligation to deliver the product will end.

9.7. If, after the delivery of the product to the BUYER or the person/institution indicated by the BUYER, the payment for the product is not made by the relevant bank or financial institution due to unauthorized use of the BUYER’s credit card, the BUYER undertakes to return the product to the SELLER within 3 days, with the shipping cost covered by the SELLER.

9.8. If force majeure situations arise that prevent or delay the fulfillment of the contract, such as unforeseen and unavoidable events beyond the control of the parties, the SELLER undertakes to notify the BUYER of the situation. The BUYER has the right to request the cancellation of the order, replacement of the product with a similar one if available, and/or postponement of the delivery until the force majeure situation is resolved. In case of order cancellation, if the BUYER has made a cash payment, the product amount will be refunded in cash and in full within 14 days. If the BUYER has made a payment by credit card, the product amount will be refunded to the relevant bank within 14 days after the cancellation of the order. The BUYER acknowledges, declares, and undertakes that the average process for the refunded amount to be reflected in their account by the bank can take 2 to 3 weeks and that the reflection of the amount in the BUYER’s account is entirely related to the bank's processing time. Therefore, the BUYER cannot hold the SELLER responsible for any delays.

9.9. The SELLER has the right to contact the BUYER via letter, email, SMS, phone calls, and other means through the address, email address, landline and mobile phone numbers, and other contact information provided by the BUYER during site registration or updated later. By accepting this contract, the BUYER agrees and acknowledges that the SELLER may carry out the aforementioned communication activities.

9.10. The BUYER will inspect the product/service before receiving it and will not accept damaged or defective products/services such as those with dents, cracks, torn packaging, etc., from the courier company. The product/service will be considered accepted as undamaged and intact. The obligation to protect the product/service after delivery rests with the BUYER. If the right of withdrawal is to be used, the product/service should not be used, and the invoice must be returned.

9.11. If the credit card holder used during the order is not the same person as the BUYER or if a security breach related to the credit card used in the order is detected before the delivery of the product to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, a statement from the bank confirming the credit card belongs to the cardholder, or a statement from the previous month's credit card statement. The order will be suspended until the requested information/documents are provided. If these requests are not met within 24 hours, the SELLER reserves the right to cancel the order.

9.12. The BUYER declares and undertakes that the personal and other information provided during the registration on the SELLER's website is accurate and that they will compensate the SELLER for any damages incurred due to the inaccuracy of this information, immediately and in full, upon the SELLER's first notification.

9.13. The BUYER agrees and undertakes to comply with and not violate the provisions of the applicable legal regulations while using the SELLER's website. Otherwise, all legal and criminal liabilities will be the sole responsibility of the BUYER.

9.14. The BUYER cannot use the SELLER’s website in any manner that disrupts public order, violates general morality, harasses or disturbs others, is illegal, or infringes on others' material and moral rights. Additionally, the BUYER cannot engage in activities that prevent or hinder others from using the services (e.g., spam, viruses, trojans).

9.15. The SELLER's website may contain links to other websites or content controlled by third parties or operated by others. These links are provided for the convenience of the BUYER and do not imply any endorsement or guarantee of the content of the linked websites.

9.16. A member who violates one or more of the provisions listed in this agreement will be personally responsible for the legal and criminal consequences of such violation and will indemnify the SELLER from any legal or criminal consequences arising from these violations. Furthermore, if the violation leads to legal proceedings, the SELLER retains the right to seek compensation for non-compliance with the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1. If the distance contract pertains to the sale of goods, the BUYER may exercise the right of withdrawal from the contract without assuming any legal or criminal liability and without providing any reason by rejecting the goods within 14 (fourteen) days from the delivery date to the BUYER or the person/institution indicated by the BUYER, provided that the SELLER is notified. For distance contracts related to the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be used for service contracts where the performance of the service has started with the consumer's approval before the withdrawal period has expired. Any costs arising from the use of the right of withdrawal are the responsibility of the SELLER. By accepting this contract, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.

10.2. To exercise the right of withdrawal, the BUYER must notify the SELLER by registered mail, fax, or email within the 14 (fourteen) day period and ensure that the product has not been used in accordance with the "Products for Which the Right of Withdrawal Cannot Be Used" provisions of this contract. In the case of exercising this right:

a) The invoice of the product delivered to the third party or the BUYER must be provided. (If the invoice of the product to be returned is corporate, it must be sent along with the return invoice issued by the institution. Returns for orders invoiced to institutions cannot be completed without an RETURN INVOICE.)

b) The return form must be included.

c) The products to be returned must be delivered complete and undamaged, including their box, packaging, and any standard accessories.

d) The SELLER is obligated to refund the total amount and any documents that place the BUYER under debt within 10 days from the receipt of the withdrawal notification and to receive the goods within 20 days.

e) If there is a decrease in the value of the goods due to the BUYER’s fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER for damages proportionate to their fault. However, the BUYER is not responsible for changes and deteriorations resulting from the proper use of the goods or products within the withdrawal period.

f) If the use of the right of withdrawal results in falling below the campaign limit amount set by the SELLER, the discount received under the campaign will be canceled.

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

The right of withdrawal cannot be used for the following products:

Underwear, swimwear, bikini bottoms, makeup products, disposable items, products at risk of rapid deterioration or expiration, products that are unsuitable for return due to health and hygiene reasons if the packaging is opened by the BUYER, products that have been mixed with other products after delivery or products that cannot be separated due to their nature, periodicals such as newspapers and magazines provided under subscription contracts, and immaterial goods delivered immediately to the consumer, including sound or video recordings, books, digital content, software programs, data recording and storage devices, computer consumables, if the packaging has been opened by the BUYER.
Additionally, the right of withdrawal cannot be used for services that have started to be performed with the consumer's approval before the withdrawal period has expired, as per the Regulation.
For cosmetics and personal care products, underwear items, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, cassettes, and stationery supplies (such as toner, cartridges, ribbons), the packaging must remain unopened, untried, undamaged, and unused in order for a return to be possible.

12. DEFAULT AND LEGAL CONSEQUENCES

If the BUYER defaults on payment due to credit card transactions, they acknowledge, declare, and undertake that they will pay interest to the bank under the credit card agreement with the bank and will be responsible towards the bank. In this case, the relevant bank may pursue legal actions; claim the costs and attorney fees from the BUYER, and in any case, if the BUYER defaults on the debt, the BUYER accepts, declares, and undertakes to compensate the SELLER for any damages and losses incurred due to the delayed performance of the debt.

13. COMPETENT COURT

In disputes arising from this contract, complaints and objections will be made to the consumer arbitration committee or consumer court at the consumer's place of residence or the place where the consumer transaction was performed, within the monetary limits specified in the relevant law. The monetary limits are as follows:

Effective from 28/05/2014:

a) For disputes valued at less than 2,000.00 (two thousand) TL, applications will be made to district consumer arbitration committees.

b) For disputes valued at less than 3,000.00 (three thousand) TL, applications will be made to provincial consumer arbitration committees.

c) In metropolitan municipalities, disputes valued between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL will be handled by provincial consumer arbitration committees.

This Agreement is made for commercial purposes.

14. EFFECTIVENESS

The BUYER will be deemed to have accepted all the terms of this contract when they complete the payment for the order placed on the Site. The SELLER is obligated to make the necessary software arrangements to obtain confirmation from the BUYER that they have read and accepted this contract on the site before the order is processed.

SELLER:

BUYER:

DATE: