Distance Sales Agreement

1. PARTIES

This Agreement has been executed between the parties stated below under the terms and conditions set forth herein.

“BUYER” (hereinafter referred to as the “BUYER”)
Name/Surname:
Address:

“SELLER” (hereinafter referred to as the “SELLER”)
Trade Name: HARİGARİGA TEKNOLOJİ HİZMETLERİ SANAYİ VE TİCARET LİMİTED ŞİRKETİ
Address: ŞENLİKKÖY MAH. EKŞİ NAR SK. FADIL BEY AP NO: 11 İÇ KAPI NO: 4 BAKIRKÖY/İSTANBUL

By accepting this Agreement, the BUYER acknowledges in advance that if they approve the order subject to this Agreement, they will be obliged to pay the order price and any additional charges stated (if any) such as shipping costs and taxes, and that they have been informed accordingly.

2. DEFINITIONS

In the implementation and interpretation of this Agreement, 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 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 of or for the account of the party offering goods,
BUYER: A natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The SELLER’s website,
ORDERING PARTY: A natural or legal person who requests a good or service through the SELLER’s website,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This agreement concluded between the SELLER and the BUYER,
GOODS: Movable goods subject to shopping and intangible goods such as software, audio, visual content and similar items prepared for use in electronic environment.

3. SUBJECT

This Agreement regulates the rights and obligations of the parties pursuant to Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts with respect to the sale and delivery of the product ordered by the BUYER through the SELLER’s website in electronic environment, the characteristics and sales price of which are stated below.

The prices listed and published on the website are sales prices. Published prices and promises remain valid until updated or changed. Time-limited prices are valid until the end of the specified period.

4. SELLER INFORMATION

Trade Name: HARİGARİGA TEKNOLOJİ HİZMETLERİ SANAYİ VE TİCARET LİMİTED ŞİRKETİ
Address: ŞENLİKKÖY MAH. EKŞİ NAR SK. FADIL BEY AP NO: 11 İÇ KAPI NO: 4 BAKIRKÖY/İSTANBUL
Phone: 0534 314 12 14
Fax:
E-mail: harigariga@gmail.com

5. BUYER INFORMATION

Delivery Recipient:
Delivery Address:
Phone:
Fax:
E-mail / Username:

6. ORDERING PARTY INFORMATION

Name/Surname/Title:
Address:
Phone:
Fax:
E-mail / Username:

7. INFORMATION ON PRODUCT(S)/SERVICE SUBJECT TO THE AGREEMENT

7.1 The basic characteristics of the goods/product(s)/service (type, quantity, brand/model, color, number) are published on the SELLER’s website. If the SELLER organizes a campaign, you may review the basic characteristics of the relevant product during the campaign period. Valid until the campaign date.

7.2 The prices listed and published on the website are sales prices. Published prices and promises remain valid until updated or changed. Time-limited prices are valid until the end of the specified period.

7.3 The total sales price of the goods or service subject to this Agreement, including all taxes, is shown below:

Payment Method and Plan:
Delivery Address:
Delivery Recipient:
Billing Address:
Order Date:
Delivery Date:
Delivery Method:

7.4 Shipping cost (shipment expense) shall be paid by the BUYER.

8. INVOICE INFORMATION

Name/Surname/Title:
Address:
Phone:
Fax:
E-mail / Username:

Invoice delivery: The invoice will be delivered together with the order to the invoice address during the delivery of the order.

9. GENERAL PROVISIONS

9.1 The BUYER acknowledges, declares, and undertakes that they have read and been informed about the basic characteristics of the product subject to the Agreement, its sales price, payment method, and preliminary information regarding delivery on the SELLER’s website, and that they have provided the necessary confirmation electronically. By confirming the Preliminary Information electronically, the BUYER acknowledges that they have obtained accurate and complete information required to be provided by the SELLER prior to the establishment of the distance sales contract, including the address, basic characteristics of the ordered products, prices including taxes, and payment and delivery information.

9.2 Each product subject to the Agreement shall be delivered to the BUYER or the person/institution at the address indicated by the BUYER within the period specified in the preliminary information on the website, depending on the distance of the BUYER’s place of residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered 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 Agreement completely, in accordance with the specifications stated in the order, together with warranty documents, user manuals and the information and documents required by the nature of the work (if any), free from any defects; to perform in compliance with legal requirements and standards in line with the principles of accuracy and good faith; to maintain and improve service quality; to act with due care and diligence during performance; and to act prudently and with foresight.

9.4 The SELLER may supply a different product of equal quality and price, provided that the BUYER is informed and their explicit approval is obtained before the expiry of the performance obligation arising from the Agreement.

9.5 If performance of the ordered goods or service becomes impossible, the SELLER undertakes to notify the consumer in writing within 3 days from the date it becomes aware of such situation and to refund the total amount to the BUYER within 14 days.

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

9.7 If, after delivery of the product to the BUYER or the person/institution at the address indicated by the BUYER, the credit card belonging to the BUYER is used unfairly by unauthorized persons and consequently the product price is not paid to the SELLER by the relevant bank or financial institution, the BUYER accepts, declares and undertakes to return the product 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 Agreement within the specified period due to force majeure events beyond the control of the parties that were unforeseeable and prevent and/or delay performance, the SELLER undertakes to notify the BUYER. In such case, the BUYER has the right to request cancellation of the order, replacement with an equivalent product (if available), and/or postponement of delivery until the obstacle is removed. In case of cancellation by the BUYER, payments made in cash shall be paid to the BUYER in full and in one lump sum within 14 days. For credit card payments, the product amount shall be refunded to the relevant bank within 14 days after the cancellation. The BUYER acknowledges that the average period for the refunded amount to be reflected in the BUYER’s account by the bank may take 2 to 3 weeks, and that any delay is entirely related to the bank’s processing time; therefore, the BUYER cannot hold the SELLER responsible for possible delays.

9.9 The SELLER has the right to contact the BUYER via letter, e-mail, SMS, phone call and other means for communication, marketing, notifications and other purposes using the address, e-mail address, fixed and mobile phone lines and other communication details provided by the BUYER in the registration form or updated later. By accepting this Agreement, the BUYER acknowledges and declares that the SELLER may carry out the above communication activities.

9.10 The BUYER shall inspect the goods/service before receiving delivery and shall not accept delivery from the cargo company if the goods/service is damaged or defective (e.g., dented, broken, torn packaging, etc.). Goods/services received shall be deemed undamaged and intact. The obligation to carefully protect the goods/service after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/service must not be used. The invoice must be returned.

9.11 If the credit card holder is not the same person as the BUYER during the order, 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 of the previous month, or a letter from the cardholder’s bank confirming that the credit card belongs to the cardholder. The order will be frozen until the requested information/documents are provided. If such requests are not fulfilled within 24 hours, the SELLER has the right to cancel the order.

9.12 The BUYER declares and undertakes that the personal and other information provided while registering on the SELLER’s website is accurate, and that they will immediately compensate, in cash and in full, all damages incurred by the SELLER due to any inaccuracy upon the SELLER’s first notification.

9.13 The BUYER agrees and undertakes to comply with legal regulations and not violate them while using the SELLER’s website. Otherwise, all legal and criminal liabilities shall be exclusively borne by the BUYER.

9.14 The BUYER may not use the SELLER’s website in any way that disrupts public order, violates public morals, harasses others, pursues unlawful purposes, or infringes the material or moral rights of others. Additionally, the member may not engage in activities that prevent or make it difficult for others to use services (spam, virus, trojan, etc.).

9.15 Links may be provided on the SELLER’s website to other websites and/or content that are not under the SELLER’s control and/or are owned and/or operated by third parties. These links are provided to facilitate redirection for the BUYER and do not imply endorsement of any website or operator, nor do they constitute any warranty regarding the information contained on the linked websites.

9.16 Any member who violates one or more of the provisions listed in this Agreement shall be personally liable, criminally and legally, for such violation and shall hold the SELLER harmless from the legal and criminal consequences. In addition, if the matter is brought to legal proceedings due to such violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1 If the distance contract relates to the sale of goods, the BUYER may exercise the right of withdrawal within 14 (fourteen) days from the date of delivery of the product to the BUYER or to the person/institution at the address indicated by the BUYER, by notifying the SELLER, without assuming any legal or criminal liability and without providing any reason, by rejecting the goods. In distance contracts related to service provision, this period starts from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where performance has begun with the consumer’s approval before the expiry of the withdrawal period. 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 To exercise the right of withdrawal, a written notification must be made to the SELLER within 14 (fourteen) days via registered mail with return receipt, fax or e-mail, and the product must not have been used within the framework of the “Products for Which the Right of Withdrawal Cannot Be Exercised” provisions of this Agreement. In case of exercising this right:

a) The invoice of the product delivered to the BUYER or a third party must be sent. (If the invoice of the product to be returned is issued to a legal entity, it must be sent together with a return invoice issued by that entity. Returns for orders invoiced to legal entities cannot be completed unless a RETURN INVOICE is issued.)

b) Return form,

c) The products to be returned must be delivered complete and undamaged, together with the box, packaging and any standard accessories, if any.

d) The SELLER must refund the total amount and the documents that put the BUYER under debt within 10 days at the latest from the receipt of the withdrawal notice, and must take back 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 return becomes impossible, the BUYER is obliged to compensate the SELLER’s losses in proportion to the fault. However, the BUYER is not responsible for changes and deteriorations resulting from proper use of the goods/products within the withdrawal period.

f) If the use of the right of withdrawal causes the order total to fall below the campaign threshold set by the SELLER, the discount amount benefited from within the campaign will be cancelled.

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

Products prepared in line with the BUYER’s request or clearly personal needs and not suitable for return; underwear bottom pieces, swimsuits and bikini bottoms, cosmetics, single-use products, goods at risk of rapid deterioration or likely to expire, products that are not suitable for return due to health and hygiene if opened after delivery, products that are mixed with other products after delivery and cannot be separated by nature, periodicals such as newspapers and magazines (except those provided under subscription agreements), services performed instantly in electronic environment or intangible goods delivered instantly to the consumer, and audio or video recordings, books, digital content, software programs, data recording and storage devices, computer consumables, if their packaging has been opened by the BUYER, cannot be returned pursuant to the Regulation. In addition, pursuant to the Regulation, the right of withdrawal cannot be exercised for services whose performance has started with the consumer’s approval before the expiry of the withdrawal period.

For cosmetics and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.), the packaging must be unopened, untested, undamaged, and unused in order to be eligible for return.

12. DEFAULT AND LEGAL CONSEQUENCES

If the BUYER defaults in cases where payment is made by credit card, the BUYER acknowledges, declares and undertakes that they will pay interest within the framework of the credit card agreement between the cardholder and the bank and will be responsible to the bank. In such case, the relevant bank may pursue legal remedies and may demand the 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 SELLER’s losses and damages arising from delayed performance of the debt.

13. COMPETENT AUTHORITY / COURT

In disputes arising from this Agreement, complaints and objections shall be made to the consumer arbitration committee or consumer court located in the place of residence of the consumer or where the consumer transaction is performed, within the monetary limits specified in the applicable law. The monetary limit information is as follows (effective as of 28/05/2014):

a) District Consumer Arbitration Committees for disputes below TRY 2,000.00,
b) Provincial Consumer Arbitration Committees for disputes below TRY 3,000.00,
c) In metropolitan municipalities, Provincial Consumer Arbitration Committees for disputes between TRY 2,000.00 and TRY 3,000.00.

This Agreement is executed for commercial purposes.

14. EFFECTIVENESS

When the BUYER completes payment for the order placed through the Site, the BUYER shall be deemed to have accepted all terms of this Agreement. The SELLER is obliged to make the necessary software arrangements to obtain confirmation from the BUYER that this Agreement has been read and accepted on the Site before the order is finalized.

SELLER:
BUYER:
DATE:

DISTANCE SALES AGREEMENT