DISTANCE SALES AGREEMENT

1. PARTIES

This Distance Sales Agreement ("Agreement") has been concluded electronically between the parties whose details are provided below, in accordance with the Consumer Protection Law No. 6502 and related secondary legislation.

A. SELLER
Title: Sarmaşık Giyim İnş. Gıda Elek. San. Dış Tic. Paz. A.Ş.
Address: Ehlibeyt Mah. Tekstilciler Cad. No:25/B İç Kapı No:2, 06520 Çankaya / ANKARA
Trade Registry Office: Ankara Trade Registry Office
Trade Registry No: 459662
MERSIS No: 0751042488500026
Phone: (0312) 472 29 87
Customer Services: 0850 302 64 64
Email: iletisim@tugba.com
KEP: sarmasikgiyim@hs02.kep.tr
Website: https://www.tugba.com
(Hereinafter referred to as "SELLER" in the Agreement.)

B. BUYER
Name Surname / Title: …………………………………
Address: …………………………………
Phone: …………………………………
Email: …………………………………
(Hereinafter referred to as "BUYER" in the Agreement.)

By electronically approving this Agreement, the BUYER acknowledges, declares, and undertakes that if they approve the order, they are obliged to pay the product price, shipping fee, and any other additional fees, and that they have been informed of this in advance.

2. DEFINITIONS

In the application and interpretation of this Agreement:
- MINISTER: The Minister of Trade of the Republic of Turkey,
- MINISTRY: The Ministry of Trade of the Republic of Turkey,
- LAW: The Consumer Protection Law No. 6502,
- REGULATION: The Regulation on Distance Contracts,
- SERVICE: The subject of all consumer transactions other than providing goods, performed or promised to be performed for a fee or benefit,
- SELLER: A legal entity that offers goods or services to the consumer within the scope of its commercial or professional activities or acts on behalf of/for the supplier,
- BUYER: A real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
- SITE / WEBSITE: The website with the domain name https://www.tugba.com,
- ORDERER: A real or legal person who requests goods or services belonging to the SELLER via the SITE,
- PARTIES: The SELLER and the BUYER,
- AGREEMENT: This Distance Sales Agreement concluded between the SELLER and the BUYER,
- GOODS: Movable property subject to shopping and intangible goods such as software, audio, video, and similar items prepared for use in electronic environments
refers to.

3. SUBJECT OF THE AGREEMENT

This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law and the Regulation, regarding the sale and delivery of the product/products whose characteristics and sales price are specified on the SITE, and which the BUYER has ordered electronically via the SELLER's website https://www.tugba.com.

All prices listed and advertised on the SITE are sales prices including taxes, unless otherwise explicitly stated. Advertised prices and campaigns are valid until updated. For limited-time campaigns, they are valid until the end of the specified period.

4. SELLER INFORMATION

Seller information is specified in Article 1 of this Agreement and is also available in the "About Us / Contact / Legal Information" sections of the SITE.

5. BUYER INFORMATION

Recipient Name: …………………………………
Delivery Address: …………………………………
Phone: …………………………………
Email: …………………………………

The information declared by the BUYER during the order is taken as basis.

6. ORDERER INFORMATION

Name / Surname / Title: …………………………………
Phone: …………………………………
Email: …………………………………

It is possible for the orderer and the BUYER to be different persons; even in this case, the consumer status and rights arising from this Agreement belong to the BUYER.

7. PRODUCT / PRODUCTS SUBJECT TO THE AGREEMENT

7.1. Main Characteristics of the Product
The type, kind, quantity, brand/model, color, number, all basic characteristics and sales price including taxes of the goods or services subject to the agreement are specified on the relevant product page on the SITE, and the BUYER approves this information after reviewing it when creating an order.

7.2. Price Information
The sales price including taxes, shipping fee, and any other additional fees for the goods/services subject to the agreement are displayed on the order summary screen and are visible to the BUYER before order confirmation.

Example order summary structure:
- Product Description: …………………………………
- Quantity: …
- Unit Price (incl. VAT): … TL
- Subtotal: … TL
- Shipping Fee: … TL
- Grand Total (incl. VAT): … TL

Campaigns, discounts, promotions, and similar applications are limited to the announced period or the conditions specified in the campaign terms.

8. INVOICE INFORMATION

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

The invoice can be prepared electronically at the BUYER's preference or sent with the product during delivery to the declared invoice address.

9. GENERAL PROVISIONS

9.1. By electronically approving the Preliminary Information Form and this Agreement on the SITE, the BUYER acknowledges, declares, and undertakes that they have been accurately and completely informed about the basic characteristics of the products subject to the agreement, the sales price, payment method, delivery period, shipping fee, right of withdrawal, and return conditions.

9.2. Each product subject to the agreement shall be delivered to the BUYER or the third party designated by the BUYER within the estimated delivery time specified on the SITE, not exceeding 30 (thirty) days as required by the Law and Regulation, depending on the distance of the BUYER's place of residence. If this period is exceeded, except in cases of force majeure and extraordinary circumstances, the BUYER has the right to terminate the Agreement.

9.3. The SELLER is obliged to deliver the product subject to the agreement completely, in accordance with the specifications stated in the order, with the user manual and warranty certificate if any, in compliance with legal regulations and standards, in sound condition and without defects.

9.4. The SELLER may supply a different product of the same quality and price to the BUYER, provided that there is an objectively justified reason, by informing the BUYER and obtaining their explicit consent.

9.5. If it is understood that the performance of the goods or services subject to the agreement has become impossible, the SELLER shall notify the BUYER within 3 (three) days from the date of learning this situation and refund all payments within 14 (fourteen) days at the latest.

9.6. The BUYER must electronically approve this Agreement and pay the product price in full for the delivery of the product subject to the agreement. If for any reason the product price is not paid or is canceled in bank records, the SELLER's obligation to deliver the product ceases.

9.7. After the product is delivered to the BUYER, if the relevant bank or financial institution fails to pay the product price to the SELLER due to unauthorized use of the BUYER's credit card by unauthorized persons, the BUYER is obliged to return the product to the SELLER within 3 (three) days from the date of delivery, with the shipping cost borne by the SELLER.

9.8. If the SELLER cannot fulfill its obligations within the product delivery period due to force majeure events (natural disaster, war, mobilization, fire, earthquake, flood, cyber attack, intense technical failure, official authority decisions, etc.), it shall notify the BUYER. In this case, the BUYER may request cancellation of the order, replacement with an equivalent product, or postponement of delivery until the obstacle is removed. If the BUYER cancels the order, the payment will be refunded within 14 days.

9.9. The BUYER acknowledges, declares, and undertakes that all information and documents provided while becoming a member of the SELLER's SITE and/or placing an order are accurate and up-to-date, that they will update this information immediately if there are any changes; otherwise, they will be personally responsible for any damages that may arise.

9.10. The BUYER acknowledges, declares, and undertakes that while using the SITE, they will not engage in actions that violate applicable legislation, public order, general morality, personal rights, and intellectual and industrial property rights; that they will not use the SITE to produce or transmit content that violates the rights of third parties, is disturbing, harassing, or harmful; and that they will not engage in actions that damage systems with viruses, Trojans, malware, spam, etc. on the SITE.

9.11. Links to third-party websites may be provided on the SITE. These links are provided solely for ease of redirection, and the content of these sites is not the responsibility of the SELLER.

9.12. If one or more provisions of this Agreement become invalid, void, or unenforceable for any reason, the validity of the other provisions of the Agreement shall not be affected.

10. DELIVERY, SHIPPING, AND TRANSFER OF RISK

10.1. Delivery is made via the cargo company contracted by the SELLER to the address provided by the BUYER during the order. If the BUYER is not present at their address or refuses to accept delivery, the instructions in the information note left by the cargo company shall be followed.

10.2. Delivery is generally made via HepsiJET Kargo throughout Turkey. The SELLER reserves the right to unilaterally change the cargo company when deemed necessary.

10.3. The risk of loss and damage that may occur until the product is delivered to the BUYER or the person designated by the BUYER belongs to the SELLER. If the BUYER requests the product to be sent with another carrier not specified by the SELLER, the risk passes to the BUYER upon delivery of the product to this carrier.

10.4. The BUYER must check the cargo package upon delivery; they should not accept shipments with torn, crushed, wet, opened, or damaged packaging and should immediately have a report drawn up by the cargo officer and return the shipment. The BUYER is responsible for damages and deficiencies in shipments accepted without a report; in this case, an investigation will be carried out by the SELLER, and action will be taken according to the result.

11. RIGHT OF WITHDRAWAL

11.1. In distance contracts for the sale of goods, the BUYER has the right to withdraw from the contract without giving any reason and without paying any penal clause, within 14 (fourteen) days from the date the product is delivered to them or to a third party designated by them.

11.2. To exercise the right of withdrawal, the SELLER must be notified within this period by:
- Via the "Withdrawal Form" on the SITE, or
- Sending a written statement via registered mail to the SELLER's address, or
- Sending an email containing an explicit statement to iletisim@tugba.com
a notification must be made.

11.3. The BUYER is not responsible for changes and deteriorations that occur if they use the product in accordance with its operation, technical specifications, and usage instructions within the withdrawal period. Otherwise, they may be held responsible for the decrease in the value of the product.

11.4. The BUYER is obliged to return the product to the SELLER within 10 (ten) days from the date they notify their decision to withdraw.

11.5. If the right of withdrawal is exercised, the SELLER shall refund the product price collected from the BUYER and any delivery costs, in accordance with the payment method used by the BUYER, within 14 (fourteen) days from the date of receipt of the withdrawal notification.

11.6. The cargo company foreseen by the SELLER for returns is Yurtiçi Kargo.
- If the BUYER sends with Yurtiçi Kargo using the return code defined for the SELLER, no return shipping fee will be charged.
- In places where there is no Yurtiçi Kargo branch, the BUYER can send with any cargo company with freight collect.
- In places where there is a Yurtiçi Kargo branch, if the BUYER prefers a different carrier, the return costs belong to the BUYER.

11.7. All returns must be made completely and undamaged, together with the product invoice, original packaging, accessories if any, promotional products, and gifts. For orders invoiced to a legal entity, a return invoice issued by the relevant legal entity must also be sent for the return.

11.8. Due to the exercise of the right of withdrawal, if the advantage obtained by the BUYER due to campaigns, discounts, and similar applications (falling below the limit, etc.) is eliminated, the amount of the relevant discount will be taken into account in the refund calculation, and the necessary set-off will be made.

12. CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

In accordance with the Regulation, the right of withdrawal cannot be exercised in the following contracts:
- Contracts related to goods prepared in line with the BUYER's wishes and personal needs,
- Contracts related to goods that are perishable or whose expiration date may pass,
- Contracts related to goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and are not suitable for return for health and hygiene reasons (underwear products, etc.),
- Contracts related to goods that mix with other products after delivery and cannot be separated by their nature,
- Contracts related to products offered in a physical environment such as opened books, digital content, software programs, data storage/recording devices, computer consumables, etc.,
- Contracts related to the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription contract,
- Contracts related to services performed instantly in an electronic environment or intangible goods delivered instantly to the BUYER,
- Contracts related to services whose performance has started with the BUYER's consent before the end of the withdrawal period.

13. DEFAULT AND LEGAL CONSEQUENCES

In cases where the BUYER makes payments with a credit card or similar payment instrument, the relevant card agreement is between the BUYER and the bank/institution issuing the card, and the SELLER is not responsible for the interest, expenses, and legal consequences to be applied in case of default.

If the BUYER fails to fulfill their payment obligations on time and defaults, the SELLER may resort to legal remedies to collect its receivable in accordance with the Law and general provisions; in this context, litigation costs and attorney's fees that may arise may be claimed from the BUYER.

14. DISPUTES AND AUTHORIZED BODIES

In disputes that may arise from this Agreement:
- Consumer Arbitration Committees (within monetary limits) at the BUYER's place of residence or where the consumer transaction took place,
- Consumer Courts for disputes exceeding monetary limits, and Civil Courts of First Instance authorized to hear consumer cases where there is no Consumer Court
are authorized.

The monetary limits applicable to Consumer Arbitration Committees are the amounts announced annually by the Ministry of Trade.

15. EFFECTIVENESS

When the BUYER approves an order placed electronically via the SITE, they declare that they have read, understood, and accepted all the terms of this Agreement. The SELLER is obliged to make technical arrangements to enable the BUYER to access and approve the text of this Agreement via the SITE before the order is completed.

This Agreement shall enter into force on the date it is electronically approved by the BUYER.

SELLER
Sarmaşık Giyim İnş. Gıda Elek. San. Dış Tic. Paz. A.Ş.
https://www.tugba.com
Email: iletisim@tugba.com

BUYER
(Electronically approved.)