Distance Selling Agreement

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 Law No. 6502 on Consumer Protection and related 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 Inner Door No:2, 06520 Çankaya / ANKARA
 Trade Registry Directorate: Ankara Trade Registry Directorate
 Commercial Registry Number: 459662
 MERSIS No: 0751042488500026
Phone: (0312) 472 29 87
 Customer Service: 0850 302 64 64
 Email: iletisim@tugba.com
 KEP: wrapsikgiyim@hs02.kep.tr
 Website: https://www.tugba.com
 (Hereinafter referred to as "SELLER" in the contract.)

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

By electronically approving this Agreement, the BUYER acknowledges, declares, and undertakes that, upon confirming the order, they are obligated to pay the product price, shipping costs, and any other additional fees, and that they have been informed of this beforehand.

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: Law No. 6502 on Consumer Protection,

  • REGULATION: The Regulation on Distance Contracts,

  • SERVICE: Any consumer transaction other than the provision of goods, performed or promised to be performed in exchange for a fee or benefit.

  • SELLER: A legal entity that offers goods or services to a consumer within the scope of its commercial or professional activities, or that acts on behalf of/in the name of such an entity.

  • BUYER: A natural 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: The natural or legal person who requests goods or services from the SELLER through the SITE.

  • PARTIES: The SELLER and the BUYER,

  • AGREEMENT: This Distance Sales Agreement is concluded between the SELLER and the BUYER.

  • GOODS: Movable property that is the subject of a transaction, and intangible goods such as software, audio, video, and similar items prepared for use in electronic environments.

It expresses.

3. SUBJECT OF THE AGREEMENT

This Agreement enters into force between the BUYER and the SELLER. This agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law and Regulations regarding the sale and delivery of the product(s) ordered electronically through the website https://www.tugba.com , the specifications and sales price of which are stated on the SITE.

All prices listed and advertised on the SITE are sales prices including taxes, unless explicitly stated otherwise.
 Advertised prices and promotions are valid until updated. Limited-time promotions are valid until their expiration date.

4. SELLER INFORMATION

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

5. BUYER INFORMATION

Person to whom the delivery will be made: …………………………………
 Delivery Address: …………………………………
 Telephone: …………………………………
 Email: …………………………………

The information provided by the BUYER during the order process will be considered the basis.

6. ORDERER INFORMATION

Name / Surname / Title: …………………………………
 Telephone: …………………………………
 Email: …………………………………

It is possible for the person placing the order and the person receiving the order to be different individuals; even in this case, the consumer status and rights arising from this Agreement belong to the person receiving the order.

7. SUBJECT OF THE AGREEMENT: PRODUCT(S)

7.1. Basic Product Characteristics

The type, kind, quantity, brand/model, color, number of units, all essential characteristics, and the sales price including taxes of the goods or services subject to this contract are specified on the relevant product page on the WEBSITE, and the BUYER reviews and approves this information when placing an order.

7.2. Pricing Information

The sales price of the goods/services subject to this contract, including taxes, shipping costs, and any other additional fees, is displayed on the order summary screen and is visible to the BUYER before order confirmation.

Example order summary structure:

  • Product Description: …………………………………

  • Piece: …

  • Unit Price (including VAT): … TL

  • Subtotal: … TL

  • Shipping Fee: … TL

  • Total (including VAT): … TL

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

8. BILLING INFORMATION

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

The invoice can be issued electronically, at the buyer's preference, or sent along with the product to the billing address provided during order delivery.

9. GENERAL PROVISIONS

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

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

9.3. The SELLER is obligated to deliver the product subject to this contract complete, conforming to the specifications stated in the order, together with the user manual and warranty certificate (if any), in compliance with legal regulations and standards, and in a sound and defect-free condition.

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

9.5. If it becomes clear that the performance of the goods or services subject to this contract has become impossible, the SELLER shall notify the BUYER within 3 (three) days of learning of this situation and shall refund all payments within a maximum of 14 (fourteen) days.

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

9.7. If, after the product is delivered to the BUYER, the relevant bank or financial institution fails to pay the product price to the SELLER due to the unauthorized and unlawful use of the BUYER's credit card, the BUYER is obligated to return the product to the SELLER within 3 (three) days from the date of delivery, with the shipping costs borne by the SELLER.

9.8. If the SELLER is unable to fulfill its obligations within the delivery period due to force majeure events (natural disaster, war, mobilization, fire, earthquake, flood, cyber attack, major technical malfunction, official authority decisions, etc.), it shall inform the BUYER of the situation. In this case, the BUYER may request the cancellation of the order, its replacement with an equivalent product, or the 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 when registering on the SELLER's WEBSITE and/or placing an order are accurate and up-to-date, and that they will immediately update this information if there are any changes; otherwise, the BUYER shall be personally responsible for any and all damages that may arise.

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

9.11. The SITE may contain links to third-party websites. These links are provided solely for ease of navigation, and the content of these sites is not the responsibility of the SELLER.

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

10. DELIVERY, CARGO AND TRANSFER OF RISK

10.1. Delivery will be made to the address provided by the BUYER during the order process, via the SELLER's contracted shipping company. If the BUYER is not present at the address or refuses to accept delivery, the instructions in the notice left by the shipping company will be followed.

10.2. Delivery is generally made via HepsiJET Cargo throughout Türkiye. The SELLER reserves the right to unilaterally change the shipping company if deemed necessary.

10.3. The risk of loss or damage to the product until it is delivered to the BUYER or a person designated by the BUYER shall be borne by the SELLER. If the BUYER requests that the product be shipped with a carrier other than the one designated by the SELLER, the risk shall pass to the BUYER upon delivery of the product to that carrier.

10.4. The BUYER must inspect the package upon delivery; shipments with torn, crushed, wet, opened, or damaged packaging must not be accepted, and the BUYER must immediately have the courier prepare a report and return the shipment. The BUYER is responsible for any damage or missing items in shipments accepted without a report; in this case, the SELLER will conduct an inspection and take action accordingly.

11. RIGHT OF WITHDRAWAL

11.1. The BUYER has the right to withdraw from the distance contract for the sale of goods within 14 (fourteen) days from the date the product is delivered to him/her or to a third party designated by him/her, without giving any reason and without paying any penalty.

11.2. To exercise the right of withdrawal, the buyer must notify the SELLER within this period;

  • Through the “Cancellation Form” located on the SITE, or

  • By sending a written statement to the SELLER's address via registered mail with return receipt requested, or

  • by sending an email containing a clear statement to the email address iletisim@tugba.com

Notification is required.

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

11.4. The BUYER is obliged to return the product to the SELLER within 14 (fourteen) days from the date of notification of the decision to withdraw from the contract.

11.5. In the event that the right of withdrawal is exercised, the SELLER shall refund the product price and any delivery costs received from the BUYER within 14 (fourteen) days from the date the withdrawal notification is received, in a manner appropriate to the payment method used by the BUYER.

11.6. The shipping company designated by the SELLER for returns is Yurtiçi Kargo.

  • When the BUYER sends the item using the return code assigned to the SELLER by Yurtiçi Kargo, no return shipping fee will be charged.

  • In locations where there is no Yurtiçi Kargo branch, the BUYER may send the shipment with the payment on delivery using any courier company they prefer.

  • In locations where Yurtiçi Kargo branches are available, if the BUYER chooses a different carrier, the return shipping costs will be borne by the BUYER.

11.7. All returns must be made complete and undamaged, including the product invoice, original packaging, any accessories, promotional items, and gifts. For orders invoiced to a legal entity, a separate return invoice issued by that legal entity must also be included with the return.

11.8. If, due to the exercise of the right of withdrawal, the advantage gained by the BUYER from campaigns, discounts, and similar practices (such as falling below the limit) is eliminated, the relevant discount amount will be taken into account in the refund calculation and the necessary offset will be made.

12. CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

According to the regulation, the right of withdrawal cannot be exercised in the following contracts:

  • Contracts relating to goods prepared in accordance with the BUYER's requests and personal needs,

  • Contracts relating to goods that are perishable or may expire,

  • Contracts relating to goods that are unsuitable for return for health and hygiene reasons if the protective elements such as packaging, tape, seal, or wrapping have been opened after delivery (e.g., underwear),

  • Contracts relating to goods that are mixed with other products after delivery and which, by their nature, cannot be separated,

  • Contracts relating to products presented in a physical medium, such as opened books, digital content, software programs, data storage/recording devices, computer consumables, etc.

  • Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement,

  • Contracts relating to services performed instantly in an electronic environment or intangible goods delivered instantly to the BUYER,

  • Contracts relating to services that have begun to be performed with the BUYER's consent before the expiration of the withdrawal period.

13. DEFAULT AND ITS LEGAL CONSEQUENCES

In cases where the BUYER makes payment transactions using a credit card or similar payment method, the relevant card agreement is between the BUYER and the bank/institution that issued the card, and the SELLER is not responsible for any interest, fees, and legal consequences that may apply in case of default.

If the BUYER fails to fulfill its payment obligations on time and defaults, the SELLER may resort to legal means to collect the debt in accordance with the law and general provisions; the litigation costs and attorney fees arising in this context may be demanded from the BUYER.

14. DISPUTES AND COMPETENT AUTHORITIES

In case of any disputes arising from this Agreement;

  • Consumer Arbitration Boards in the place where the BUYER resides or where the consumer transaction took place (within monetary limits),

  • For disputes exceeding monetary limits, Consumer Courts, or in locations where there are no consumer courts, the Civil Courts of First Instance responsible for consumer cases, shall handle the matter.

is authorized.

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

15. EFFECTIVE DATE

By confirming an order placed electronically via the SITE, the BUYER declares that they have read, understood, and accepted all the terms and conditions of this Agreement. The SELLER is obligated to make the technical arrangements to enable the BUYER to access and approve this Agreement via the SITE before the order is completed.

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

SALES PERSON
Sarmaşık Clothing Construction Food Electronics Industry Foreign Trade Marketing Inc.
 https://www.tugba.com
 Email: iletisim@tugba.com

BUYER
 (Approved electronically.)