DISTANCE SALES CONTRACT

1. PARTIES

This Contract has been executed between the following parties under the terms and conditions stated below.

‘BUYER’ (hereinafter referred to as the “BUYER”)

FULL NAME: * ADDRESS: ‘SELLER’ (hereinafter referred to as the “SELLER”)
FULL NAME:AAD Marmara Dış Ticaret Limited Şirketi
ADDRESS: Üçevler Mh. Küçük Sanayi Parkop Parçacılar Sitesi 48(220). Sk. No:18 Nilüfer / Bursa / Turkey

By accepting this contract, the BUYER agrees in advance that upon approval of the order subject to the contract, they will assume the obligation to pay the listed price of the order and any specified additional fees such as shipping costs and taxes, and that they have been informed accordingly.

2. DEFINITIONS

In the application and interpretation of this contract, the following terms shall bear the meanings written opposite them:

MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: The Regulation on Distance Contracts (Official Gazette: 27.11.2014 / 29188),
SERVICE: The subject of any consumer transaction other than the supply of goods, performed or undertaken to be performed in return for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities, or acts on behalf or account of the provider of goods,
BUYER: A natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
WEBSITE (SITE): The website belonging to the SELLER,
ORDERER: A natural or legal person who requests a good or service via the website of the SELLER,
PARTIES: The SELLER and the BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS (PRODUCT): Refers to the movable goods subject to shopping and software, audio, images, and similar intangible goods prepared for use in the electronic environment.

3. SUBJECT

This Contract regulates the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the qualifications and sales price of which are specified below, ordered by the BUYER electronically via the SELLER’s website.

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 specific period are valid until the end of the specified period.

4. SELLER INFORMATION

Title: AAD Marmara Dış Ticaret Limited Şirketi
Address: Üçevler Mh. Küçük Sanayi Parkop Parçacılar Sitesi 48(220). Sk. No:18 Nilüfer / Bursa / Turkey
Phone: 0224 366 99 99
Fax: * Email: info@marmarayedek.com

5. BUYER INFORMATION

Person to be Delivered: * Delivery Address: * Phone: * Fax: * Email/Username: —

6. ORDERING PERSON INFORMATION

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

7. PRODUCT/PRODUCTS INFORMATION SUBJECT TO THE CONTRACT

7.1. The basic characteristics (type, quantity, brand/model, color, piece) of the Good / Product(s) / Service are published on the SELLER’s website. If a campaign is organized by the Seller, you can examine the basic features of the relevant product during the campaign. 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 specific period are valid until the end of the specified period.

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

Product Description	Quantity	Unit Price	Subtotal (Including VAT)
Shipping Amount
Total:

Payment Method and Plan: * Delivery Address: * Person to be Delivered: * Invoice Address: * Order Date: * Delivery Date: * Delivery Method: 7.4. The shipping cost of the product shipment shall be paid by the BUYER.

8. INVOICE INFORMATION

Full Name/Title: * Address: * Phone: * Fax: * Email/Username: * Invoice Delivery: The invoice will be delivered to the invoice address alongside the order during order delivery.

9. GENERAL PROVISIONS

9.1. The BUYER accepts, declares, and undertakes that they have read the preliminary information regarding the basic characteristics, sales price, payment method, and delivery of the product subject to the contract on the SELLER’s website, and that they have given the necessary confirmation electronically. The BUYER’s electronic confirmation of the Preliminary Information confirms that they have accurately and completely obtained the address that must be given to the BUYER by the SELLER prior to the establishment of the distance sales contract, the basic features of the products ordered, the price of the products including taxes, payment, and delivery information.

9.2. Each product subject to the contract shall be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section of the website, depending on the distance of the BUYER’s settlement, provided that it does not exceed the 30-day legal period. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.

9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the contract complete, in compliance with the qualifications specified in the order, and with warranty documents, user manuals, if any, information and documents required by the job, to perform the work free from any defects in accordance with the requirements of legal legislation, sound, standard procedures, in compliance with the principles of honesty and goodwill, to maintain and elevate the service quality, and to act with necessary care, foresight, and prudence during the performance of the job.

9.4. The SELLER may supply a different product of equal quality and price by explicitly informing the BUYER and obtaining their explicit approval before the performance obligation arising from the contract expires.

9.5. If the SELLER cannot fulfill its contractual obligations in the event that the fulfillment of the order subject to the product or service becomes impossible, the SELLER accepts, declares, and undertakes that it will notify the consumer in writing within 3 days from the date it learns of this situation and will refund the total price to the BUYER within a 14-day period.

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

9.7. In the event that the product subject to the contract is delivered to the BUYER or the person and/or organization at the address indicated by the BUYER, and the credit card belonging to the BUYER is used unfairly or unlawfully by unauthorized persons, and the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution, the BUYER accepts, declares, and undertakes to return the product subject to the contract to the SELLER within 3 days, with the shipping costs borne by the SELLER.

9.8. If the SELLER cannot deliver the product subject to the contract within the deadline due to force majeure events such as circumstances developing outside the will of the parties, unforeseeable, and preventing/delaying the parties from fulfilling their debts, it accepts, declares, and undertakes to notify the BUYER. The BUYER also has the right to request from the SELLER the cancellation of the order, the replacement of the product subject to the contract with its equivalent, if any, and/or the postponement of the delivery period until the obstructive situation is removed. In the event that the order is canceled by the BUYER, for payments made by the BUYER in cash, the product amount shall be paid to them in cash and lump sum within 14 days. For payments made by the BUYER with a credit card, the product amount shall be returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares, and undertakes that the average process for the amount returned to the credit card by the SELLER to be reflected in the BUYER’s account by the bank may take 2 to 3 weeks, and since the reflection of this amount in the BUYER‘s accounts after its return to the bank is entirely related to the bank transaction process, the BUYER cannot hold the SELLER responsible for possible delays.

9.9. The SELLER has the right to reach the BUYER for communication, marketing, notification, and other purposes via letter, e-mail, SMS, phone call, and other means through the address, e-mail address, fixed and mobile phone lines, and other contact information specified by the BUYER in the registration form on the site or updated by them later. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the aforementioned communication activities towards them.

9.10. The BUYER shall inspect the goods/services subject to the contract before receiving them; shall not receive the damaged and defective goods/services with crushed, broken, torn packaging, etc., from the cargo company. The received goods/services shall be deemed to be undamaged and sound. The duty to carefully protect the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.

9.11. If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability regarding the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may request the BUYER to submit the identity and contact information of the credit card holder, the credit card statement belonging to the previous month of the order, or a letter from the card holder’s bank stating that the credit card belongs to them. The order will be frozen during the period until the BUYER provides the requested information/documents, and if the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order.

9.12. The BUYER accepts and undertakes that the personal and other information provided while becoming a member of the SELLER’s website is truthful, and that the SELLER will indemnify all damages incurred due to the untruthfulness of this information immediately, in cash and lump sum, upon the first notification of the SELLER.

9.13. The BUYER accepts and undertakes from the beginning to comply with the legal regulations while using the SELLER’s website and not to violate them. Otherwise, all legal and criminal liabilities that may arise will bind the BUYER entirely and exclusively.

9.14. The BUYER cannot use the SELLER’s website in any way to disrupt public order, act against general morality, disturb and harass others, for an illegal purpose, or to infringe on the material and moral rights of others. Furthermore, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.

9.15. Links may be given over the SELLER’s website to other websites and/or other contents that are not under the control of the SELLER and/or owned and/or operated by third parties. These links are placed to provide ease of orientation to the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.

9.16. The member who violates one or more of the articles listed in this contract shall be personally responsible criminally and legally for this violation and shall keep the SELLER free from the legal and criminal consequences of these violations. Moreover, in the event that the incident is referred to the legal field due to this violation, the SELLER reserves the right to demand compensation from the member for non-compliance with the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1. The BUYER; in the event that the distance contract is related to the sale of goods, may exercise the right to withdraw from the contract by rejecting the goods without assuming any legal or criminal responsibility and without giving any justification, provided that they notify the SELLER within 14 (fourteen) days from the date of delivery of the product to themselves or to the person/organization at the address indicated. In distance contracts regarding service provision, this period starts from the date of signing of the contract. The right of withdrawal cannot be used in service contracts where the performance of the service has started with the consumer’s approval before the expiration of the right of withdrawal period. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that they have been informed about the right of withdrawal.

10.2. In order to exercise the right of withdrawal, a written notification must be made to the SELLER within the 14 (fourteen) day period via registered mail with return receipt, fax, or e-mail, and the product must not have been used within the framework of the provisions of “Products for which the Right of Withdrawal Cannot be Exercised” regulated in this contract. In case of exercising this right,

a) The invoice of the product delivered to the 3rd party or the BUYER, (If the invoice of the product requested to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning. Order returns whose invoices are issued on behalf of institutions cannot be completed unless a RETURN INVOICE is cut.)
b) Return form,
c) The box, packaging, and standard accessories, if any, of the products to be returned must be delivered complete and undamaged.
d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within a maximum of 10 days from the receipt of the withdrawal notification, and to take back the goods within 20 days.
e) If there is a decrease in the value of the goods due to a fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the damages of the SELLER at the rate of their fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the goods or product within the right of withdrawal period.
f) If the campaign limit amount set by the SELLER falls below due to the use of the right of withdrawal, the discount amount utilized within the scope of the campaign is canceled.

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

Goods prepared in line with the requests of the BUYER or explicitly their personal needs and not suitable for being sent back, underwear bottom parts, swimwear and bikini bottoms, makeup materials, disposable products, goods in danger of spoiling quickly or with a likely expiration date, products that are not suitable to be returned in terms of health and hygiene if their packaging is opened by the BUYER after delivery, products that are mixed with other products after delivery and cannot be separated by nature, goods related to periodicals such as newspapers and magazines, except those provided under a subscription agreement, services performed instantly in electronic environment or intangible goods delivered instantly to the consumer, as well as audio or image recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, cannot be returned as per the Regulation if their packaging has been opened by the BUYER. Additionally, the right of withdrawal cannot be exercised for services whose performance started with the consumer’s approval before the expiration of the right of withdrawal period, as per the Regulation.

Cosmetics and personal care products, underwear products, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) must be unopened, untried, unbroken, and unused to be returned.

12. DEFAULT STATUS AND LEGAL CONSEQUENCES

If the BUYER defaults in the event that they make the payment transactions with a credit card, they accept, declares, and undertakes that they will pay interest within the framework of the credit card contract with the cardholder bank and will be responsible to the bank. In this case, the relevant bank may apply to legal remedies; demand the arising expenses and attorney’s fees from the BUYER, and in any case, if the BUYER defaults due to their debt, the BUYER accepts, declares, and undertakes to pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.

13. AUTHORIZED COURT

In disputes arising from this contract, complaints and objections shall be made to the consumer problems arbitration committee or consumer court where the consumer resides or where the consumer transaction is made, within the monetary limits specified in the law below:

Effective as of 28/05/2014:

a) For disputes with a value below 2.000,00 (two thousand) TL pursuant to Article 68 of Law No. 6502 on the Protection of Consumers, district consumer arbitration committees,
b) For disputes with a value below 3.000,00 (three thousand) TL, provincial consumer arbitration committees,
c) In provinces with metropolitan status, applications are made to provincial consumer arbitration committees for disputes between 2.000,00 (two thousand) TL and 3.000,00 (three thousand) TL.

This Contract is made for commercial purposes.

14. ENFORCEMENT

The BUYER shall be deemed to have accepted all the terms of this contract when they make the payment for the order placed via the Site. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is realized.

SELLER: * BUYER: * DATE:

Distance Selling Agreement