Distance Sales Agreement

DISTANCE SALES AGREEMENT

1. PARTIES

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

A. SELLER
Company Name: 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
MERSİS No: 0751042488500026
Telephone: (0312) 472 29 87
Customer Service: 0850 302 64 64
E-mail: iletisim@tugba.com
KEP: sarmasikgiyim@hs02.kep.tr
Website: https://www.tugba.com
(Hereinafter referred to as the "SELLER".)

B. BUYER
Name Surname / Title: …………………………………
Address: …………………………………
Telephone: …………………………………
E-mail: …………………………………
(Hereinafter referred to as the "BUYER".)

By approving this Agreement electronically, the BUYER accepts, declares, and undertakes that upon confirming the order, they shall be liable to pay the product price, shipping fee, and any other additional fees, and that they have been informed about this in advance.

2. DEFINITIONS

For the purposes of 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: Consumer Protection Law No. 6502,
- REGULATION: Distance Contracts Regulation,
- SERVICE: Any consumer transaction other than the provision of goods, performed or undertaken to be performed in return for payment or other consideration,
- SELLER: A legal entity that offers goods or services to consumers within the scope of its commercial or professional activities, or acts on behalf of or for the account of such an entity,
- BUYER: A natural or legal person who acquires, uses, or benefits from goods or services for non-commercial or non-professional purposes,
- SITE / WEBSITE: The website with the domain https://www.tugba.com,
- ORDERER: A natural 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: The movable property that is the subject of the purchase, and software, audio, video, and similar intangible goods prepared for use in an electronic environment
are defined as follows.

3. SUBJECT OF THE AGREEMENT

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

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

4. SELLER INFORMATION

The SELLER's information is provided in Article 1 of this Agreement and is also available on the SITE under the "About Us / Contact / Legal Information" sections.

5. BUYER INFORMATION

Recipient: …………………………………
Delivery Address: …………………………………
Telephone: …………………………………
E-mail: …………………………………

The information provided by the BUYER at the time of ordering shall prevail.

6. ORDERER INFORMATION

Name / Surname / Title: …………………………………
Telephone: …………………………………
E-mail: …………………………………

The orderer and the BUYER may be different persons; even in such a case, the consumer status and rights arising from this Agreement belong to the BUYER.

7. PRODUCT / PRODUCTS SUBJECT TO THE AGREEMENT

7.1. Basic Characteristics of the Product
The type, kind, quantity, brand/model, color, number, all basic characteristics, and the 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 reviews and approves this information when placing the order.

7.2. Price Information
The sales price including taxes, shipping fee, and any other additional fees of the goods/services subject to the Agreement are included in the order summary screen and are viewed by the BUYER before confirming the order.

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

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

8. INVOICE INFORMATION

Name / Surname / Title: …………………………………
Address: …………………………………
Telephone: …………………………………
E-mail / Username: …………………………………

The invoice may be issued electronically or sent with the product at the time of delivery to the declared invoice address, according to the BUYER's preference.

9. GENERAL PROVISIONS

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

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, depending on the distance from the BUYER's place of residence, and no later than 30 (thirty) days, in accordance with the Law and Regulation. Except in cases of force majeure and extraordinary circumstances, if this period is exceeded, 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 characteristics specified in the order, together with the user manual and warranty certificate if any, in compliance with legal legislation and standards, sound, and free from defects.

9.4. If the SELLER has an objectively justified reason, they may supply a different product of the same quality and price to the BUYER, provided that they inform the BUYER and obtain their express approval.

9.5. If it is determined 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 they learn of this situation and refund all payments within 14 (fourteen) days at the latest.

9.6. The BUYER must approve this Agreement electronically for the delivery of the product subject to the Agreement and pay the product price in full. 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 shall terminate.

9.7. If the product is delivered to the BUYER and the relevant bank or financial institution does not pay the product price to the SELLER due to the unauthorized use of the BUYER's credit card by unauthorized persons, the BUYER is obliged to return the product to the SELLER within 14 (fourteen) days from the date they receive the product, with the shipping costs borne by the SELLER.

9.8. If the SELLER cannot fulfill its obligations within the product delivery time due to force majeure events (natural disaster, war, mobilization, fire, earthquake, flood, cyber attack, major technical failure, decisions of official authorities, etc.), they shall notify the BUYER. In such a case, the BUYER may request the 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 price shall be refunded within 14 days.

9.9. The BUYER accepts, declares, and undertakes that all information and documents they declare when signing up for the SITE belonging to the SELLER and/or placing an order are accurate and up to date, that they will immediately update them if there is a change in this information; otherwise, they shall be personally responsible for any damages that may arise.

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

9.11. Links to websites belonging to third parties may be provided on the SITE. These links are placed solely for ease of navigation, and the SELLER is not responsible for the content of these websites.

9.12. The invalidity, nullity, or unenforceability of one or more provisions of this Agreement for any reason shall not affect the validity of the other provisions of the Agreement.

10. DELIVERY, SHIPPING, AND TRANSFER OF RISK

10.1. Delivery shall be made through the shipping company contracted by the SELLER to the address provided by the BUYER at the time of ordering. If the BUYER is not present at the address or refuses to receive the delivery, the instructions in the information note left by the shipping company shall apply.

10.2. Delivery shall, as a rule, be made throughout Turkey via HepsiJET Cargo. The SELLER has the right to unilaterally change the shipping company if they deem it necessary.

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

10.4. The BUYER must inspect the shipping package at the time of delivery; they must not accept shipments whose packaging is torn, crushed, wet, opened, or appears damaged, and must immediately have the shipping personnel draw up a report and return the shipment. The BUYER is responsible for any damage or missing items in shipments received without a report drawn up; in such a case, the inspection shall be carried out by the SELLER, and action shall be taken accordingly.

11. RIGHT OF WITHDRAWAL

11.1. In distance contracts regarding the sale of goods, the BUYER has the right to withdraw from the contract within 14 (fourteen) days from the day the product is delivered to them or the third party they designate, without stating any reason and without paying any penalty.

11.2. To exercise the right of withdrawal, the BUYER must notify the SELLER within this period by:
- using the "Withdrawal Form" on the SITE, or
- sending a written declaration to the SELLER's address by registered mail with return receipt, or
- sending an email containing an express declaration to iletisim@tugba.com.

11.3. The BUYER shall not be responsible for changes and deterioration occurring during the right of withdrawal period if the product is used in accordance with its operation, technical specifications, and usage instructions. Otherwise, they may be held responsible for the decrease in the product's value.

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. Upon exercise of the right of withdrawal, the SELLER shall refund the product price and, if any, delivery costs collected from the BUYER within 14 (fourteen) days from the date the withdrawal notification reaches them, in a manner suitable for the payment method used by the BUYER.

11.6. The shipping company designated by the SELLER for returns is Aras Kargo (Aras Kargo return code: 1405938011157).
- When the BUYER ships using Aras Kargo's return code assigned to the SELLER, no return shipping fee shall be charged.
- In places where there is no Aras Kargo branch, the BUYER may ship with any shipping company of their choice on a cash-on-delivery basis.
- If the BUYER prefers a different carrier in places where there is an Aras Kargo branch, the return costs shall be borne by the BUYER.

11.7. All returns must be made with the product invoice, original packaging, accessories if any, promotional products, and gifts, completely and undamaged. For orders whose invoices are issued in the name of a legal entity, a return invoice issued by the relevant legal entity must also be sent for the return.

11.8. If the exercise of the right of withdrawal causes the loss of the advantage (e.g., falling below a limit) resulting from the campaign, discount, and similar applications enjoyed by the BUYER, the relevant discount amount shall be taken into account in the refund calculation, and the necessary offsetting shall 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 regarding goods prepared according to the BUYER's request and personal needs,
- Contracts regarding goods that are liable to deteriorate rapidly or may expire,
- Contracts regarding goods that are unsuitable for return for health and hygiene reasons if their protective elements such as packaging, tape, seal, or package are opened after delivery (underwear products, etc.),
- Contracts regarding goods that are mixed with other products after delivery and cannot be separated by their nature,
- Contracts regarding products offered in a tangible medium such as books, digital content, software programs, data storage/recording devices, computer consumables, etc., whose packaging has been opened,
- Contracts regarding the delivery of periodicals such as newspapers and magazines, except those provided under a subscription agreement,
- Contracts regarding services performed instantly in an electronic environment or intangible goods delivered instantly to the BUYER,
- Contracts regarding services whose performance begins with the BUYER's approval before the right of withdrawal period expires.

13. DEFAULT AND LEGAL CONSEQUENCES

In cases where the BUYER performs payment transactions with a credit card or similar payment method, the relevant card agreement is between the BUYER and the bank/institution that issued the card; the SELLER is not responsible for the interest, costs, and legal consequences to be applied in case of default.

If the BUYER fails to fulfill their payment obligations on time and falls into default, the SELLER may apply legal remedies to collect their claim in accordance with the Law and general provisions; the litigation costs and attorney fees arising in this scope may be claimed from the BUYER.

14. DISPUTES AND COMPETENT AUTHORITIES

In disputes arising from this Agreement:
- The Consumer Arbitration Committees located in the BUYER's place of residence or the place where the consumer transaction is conducted (within the monetary limits),
- Consumer Courts for disputes exceeding the monetary limits, and Civil Courts of First Instance in places where there is no consumer court, are competent.
The monetary limits valid for Consumer Arbitration Committees are the amounts announced annually by the Ministry of Trade.

15. EFFECTIVENESS

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

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

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

BUYER
(Approved electronically.)