DISTANCE SALES AGREEMENT

1. PARTIES

This Agreement has been signed between the following parties within the framework of the terms and conditions stated below.

A. ‘BUYER’; (hereinafter referred to as "BUYER" in the contract)

B. ‘SELLER’; (hereinafter referred to as "SELLER" in the contract)

NAME-SURNAME: ADDRESS: By accepting this contract, the BUYER acknowledges in advance that if they confirm the order subject to the contract, they will be under the obligation to pay the price of the order and any specified additional fees such as shipping costs and taxes, and that they have been informed in this regard.

2. DEFINITIONS

In the application and interpretation of this contract, the terms written below shall express the definitions 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 (OG: 27.11.2014/29188), SERVICE: The subject of any consumer transaction other than the provision 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 one offering goods, BUYER: The real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes, SITE: The website belonging to the SELLER, ORDERER: The real or legal person who requests a good or service via the website belonging to the SELLER, PARTIES: The SELLER and the BUYER, CONTRACT: This contract concluded between the SELLER and the BUYER, GOODS: Refers to the movable property subject to shopping and intangible goods such as software, audio, video, and similar items prepared for use in an electronic environment.

TOPIC 3

This Agreement regulates the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualities and sales price are specified below, which the BUYER has ordered electronically via the SELLER’s website. The prices listed and announced on the site are sales prices. The announced prices and promises are valid until they are updated and changed. Prices announced for a limited period are valid until the end of the specified period.

4. SELLER INFORMATION

Title    : BAQA Tekstil Sanayi Ve Ticaret A.Ş 

ADDRESS    : 19 Mayıs Mah. Dr. Hüsnü İsmet Öztürk Sokak Şişli Plaza E Block Apartment 9   Şişli  /  Istanbul

Phone  : 0212 219 15 59 

Fax      : 0212 219 15 58

E-mail : info@baqaofficial.com

5. BUYER INFORMATION

Recipient

Delivery Address

Phone

Fax

Email/username

6. ORDERING PERSON INFORMATION

Name/Surname/Title

Address

Phone

Fax

Email/username

7. INFORMATION REGARDING THE PRODUCT(S) SUBJECT TO THE CONTRACT

7.1. The basic features (type, quantity, brand/model, color, number) of the Good(s)/Product(s)/Service are published on the SELLER’s website. If a campaign has been organized by the Seller, you can review the basic features of the relevant product during the campaign period. It is valid until the campaign date.

7.2. The listed prices and those announced on the site are sales prices. Announced prices and promises are valid until updated and changed. Prices announced for a limited time are valid until the end of the specified period.

7.3. The sales price of the good or service subject to the contract, including all taxes, is shown below. Product DescriptionQuantityUnit PriceSubtotal (VAT Included) Shipping Fee Total : Payment Method and Plan Delivery Address Person to be Delivered to Billing Address Order Date Delivery Date Delivery Method

7.4. The shipping fee, which is the product shipment cost, shall be paid by the BUYER.

8. INVOICE INFORMATION

Name/Surname/Title

Address

Phone

Fax

Email/username

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

9. GENERAL PROVISIONS

9.1. The BUYER acknowledges, declares and undertakes that they have read and are informed about the basic characteristics, sales price, payment method, and delivery-related preliminary information regarding the product subject to the contract on the SELLER’s website, and that they have provided the necessary confirmation in the electronic environment. By confirming the Preliminary Information in the electronic environment, the BUYER acknowledges, declares and undertakes that they have accurately and completely obtained the address that must be provided to the BUYER by the SELLER, the basic features of the ordered products, the price of the products including taxes, and the payment and delivery information prior to the establishment of the distance sales contract.

9.2. Each product subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's place of residence, 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 accordance with the specifications stated in the order, and with the required information and documents such as warranty certificates and user manuals, if any; to perform the work in accordance with the requirements of the legal legislation, free from all kinds of defects, in a sound and standard-compliant manner; to act in accordance with the principles of accuracy and honesty; to maintain and improve service quality; and to show the necessary care and attention during the performance of the work, acting with prudence and foresight.

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

9.5. The SELLER accepts, declares and undertakes that if they are unable to fulfill their contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, they will notify the consumer in writing within 3 days from the date they become aware of this situation and return the total price to the BUYER within 14 days.

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

9.7. If, after the delivery of the product subject to the contract to the BUYER or the person and/or organization at the address indicated by the BUYER, the price of the product is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the BUYER’s credit card by unauthorized persons, the BUYER accepts, declares and undertakes to return the product subject to the contract to the SELLER within 3 days, with the shipping costs to be borne by the SELLER.

9.8. The SELLER accepts, declares and undertakes that if they cannot deliver the product subject to the contract within the time limit due to force majeure events that develop beyond the will of the parties, are unforeseeable, and prevent and/or delay the parties from fulfilling their obligations, they will notify the BUYER of the situation. The BUYER also reserves 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 eliminated. In case of cancellation of the order by the BUYER, the product amount shall be paid to the BUYER in cash and in full within 14 days for payments made by cash. For payments made by the BUYER with a credit card, the product amount shall be refunded 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 refunded by the SELLER to the credit card 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 refund to the bank is entirely related to the bank’s 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, landline and mobile phone numbers, and other contact information specified by the BUYER in the registration form on the site or updated by the BUYER 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; they shall not accept damaged or defective goods/services such as those that are dented, broken, with torn packaging, etc., from the cargo company. The received goods/services shall be deemed to be undamaged and sound. The obligation to carefully protect the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/services should not be used. The invoice must be returned.

9.11. If the BUYER and the holder of the credit card 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 delivery of the product to the BUYER, the SELLER may request the BUYER to submit the identity and contact information of the credit card holder, the previous month’s statement of the credit card used in the order, or a letter from the card holder’s bank confirming that the credit card belongs to them. The order will be frozen for the period until the BUYER provides the information/documents subject to the request, and if the aforementioned requests are not met within 24 hours, the SELLER reserves the right to cancel the order.

9.12. The BUYER declares and undertakes that the personal and other information provided while becoming a member of the SELLER’s website is true, and that they will compensate the SELLER immediately, in cash and in full, upon the SELLER’s first notification for all damages that the SELLER may incur due to the untruthfulness of this information.

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

9.14. The BUYER cannot use the SELLER’s website in any way that disrupts public order, is contrary to general morality, disturbs or harasses others, for an illegal purpose, or in a way that infringes 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 provided through the SELLER’s website to other websites and/or other content that are not under the SELLER’s control and/or are owned and/or operated by other third parties. These links are placed to provide ease of navigation 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. A member who violates one or several 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. Furthermore, in the event that the incident is brought to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1. If the distance contract concerns the sale of goods, the BUYER may exercise their right of withdrawal from the contract by rejecting the goods without assuming any legal or criminal liability and without providing 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/entity at the address indicated by them. In distance contracts regarding the provision of services, this period begins from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the consumer's consent before the expiration of the right of withdrawal period. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this contract, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.

10.2. In order to exercise the right of withdrawal, it is mandatory to provide written notification to the SELLER via registered mail, fax, or email within the 14 (fourteen) day period, and the product must not have been used within the framework of the "Products for Which the Right of Withdrawal Cannot Be Exercised" provisions stipulated in this contract. In case this right is exercised,

a) The invoice for the product delivered to the 3rd party or the BUYER, (If the invoice for the product to be returned is issued to a corporation, it must be sent together with the return invoice issued by the institution. Returns for orders invoiced to corporations cannot be completed unless a RETURN INVOICE is issued.)

b) The return form,

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

d) The SELLER is obliged to return the total price and any documents that put the BUYER under debt to the BUYER within no later than 10 days from the receipt of the withdrawal notice, and to take back the goods within 20 days.

e) If there is a decrease in the value of the goods due to a reason caused by the BUYER’s fault, or if return becomes impossible, the BUYER is obliged to compensate the SELLER for the losses in proportion to 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 is fallen below due to the exercise of the right of withdrawal, the discount amount benefited within the scope of the campaign shall be cancelled.

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

In accordance with the Regulation, it is not possible to return goods prepared in line with the BUYER’s request or personal needs that are not suitable for return, such as underwear bottoms, swimsuit and bikini bottoms, cosmetics, disposable products, goods that are in danger of rapid deterioration or are likely to expire, products that are not suitable for return 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 their nature, goods related to periodicals such as newspapers and magazines other than 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 video recordings, books, digital content, software programs, data recording and data storage devices, and computer consumables if their packaging has been opened by the BUYER. Furthermore, in accordance with the Regulation, it is not possible to exercise the right of withdrawal for services that have begun to be performed with the consumer’s approval before the expiry of the withdrawal period. For cosmetic and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toners, cartridges, ribbons, etc.) to be returned, their packaging must be unopened, untested, intact, and unused.

12. DEFAULT AND LEGAL CONSEQUENCES

In the event that the BUYER defaults on payments made by credit card, the BUYER agrees, declares, and undertakes to pay interest within the framework of the credit card agreement between the BUYER and the cardholder bank and to be liable to the bank. In such a case, the relevant bank may resort to legal remedies; may demand the resulting expenses and attorney fees from the BUYER; and in any case, in the event that the BUYER defaults due to the debt, the BUYER agrees, declares, and undertakes to pay the damages and losses incurred by the SELLER due to the delayed performance of the debt.

13. COMPETENT COURT

In consumer disputes that may arise from this contract, the provisions of the Law on the Protection of Consumers No. 6502 and relevant legislation shall apply.

If the value of the dispute is within the monetary limits announced annually by the Ministry of Trade, applications may be made to the Provincial or District Consumer Arbitration Committees in the consumer's place of residence or where the consumer transaction took place.

In disputes falling outside the jurisdiction of Consumer Arbitration Committees, Consumer Courts may be appealed to, without prejudice to the mandatory mediation provisions stipulated in the relevant legislation.

In places where there is no Consumer Court, Civil Courts of First Instance serving in the capacity of a consumer court are authorized.

14. EFFECTIVENESS

By completing the payment for the order placed on the Site, the BUYER is deemed to have accepted all terms of this agreement. The SELLER is obliged to make the necessary software arrangements to ensure that the BUYER reads and confirms the acceptance of this agreement on the site before the order is placed.

SELLER:

BUYER:

DATE: