DISTANCE SALES CONTRACT

ARTICLE 1 – PARTIES TO THE CONTRACT

SELLER:

Title: MEYNA TEKSTİL MÜMESSİLLİK İTH. İHR. SAN. VE DIŞ TİC. LTD. ŞTİ.

Address: MEYNA TEKSTİL MÜMESSİLLİK İTH. İHR. SAN. VE DIŞ TİC. LTD. ŞTİ.

Telephone: +90 532 779 27 87

E-mail: [email protected]

Civil Registration System No: 620 149 2780

PURCHASER:

Customer

____________________________

ARTICLE 2 - DEFINITIONS

In the implementation and interpretation of this contract, the following terms shall have the meanings stated beside them.

Service	:	shall mean all types of consumer transaction performed or committed to be performed in return for a fee or benefit, other than provision of goods;
Seller	:	shall mean a real person or legal entity that provides goods to the consumer for commercial or professional purposes or acts on behalf or account of the supplier, including public legal entities, and that are explained in Article 1;
Purchaser Payment Collection Agent Interim Service Provider	:	shall mean a real person or legal entity that acquires, uses or benefits from, a product or service for purposes other than commercial or professional purposes (Customer); shall mean a legal entity collecting payments on behalf of the Buyer. The Payment Collection Agent is a fully owned company of the buyer. shall mean, where it does not act in the capacity of a direct seller, MEYNA TEKSTİL MÜMESSİLLİK İTH. İHR. SAN. VE DIŞ TİC. LTD. ŞTİ. having its head office at BARBAROS MAH. LALE SK. AGAOGLU MY OFFICE / KOLEKTIF HOUSE NO: 2 IÇ KAPI NO: 13 ATASEHIR/ ISTANBUL address with contact number +90 535 420 24 09, and registered under central registration number 620 149 2780, which is the interim service provider that provides the Web Site Platform where the Seller(s) offer products or services;
Web Site /Platform	:	shall mean the web site www.minahamid.com owned by MEYNA TEKSTİL MÜMESSİLLİK İTH. İHR. SAN. VE DIŞ TİC. LTD. ŞTİ. and its mobile application;
Ordering Party	:	shall mean the real person or legal entity that requests a product or service via www.minahamid.com web site or its mobile application;
Parties	:	shall mean the Seller, the Purchaser and the Payment Collection Agent;
Contract	:	shall mean this Contract concluded between the Seller and the Purchaser;
Product or Products	:	shall mean the movable properties, immovable properties for residence or vacation purposes and software, sound, image and all kinds of similar products prepared to be used in electronic environment, which are the subject of purchase;
DPA Easy Return Center		shall mean Data Protection Act 2018; : shall mean the platform which can be accessed by customers that are members of the www.minahamid.com web site from My Account Information page and through which they can easily process the return procedure after filling out the necessary information for return.

ARTICLE 3 – SUBJECT OF CONTRACT

The subject of this Contract is to determine the rights and obligations of the Parties with respect to sale and delivery of the goods/services that are ordered by the Purchaser in electronic format on www.minahamid.com web site and that possess the features specified in the agreement and bear the selling prices as also specified herein, pursuant to the provisions of legal legislation.  The prices listed and announced on the web site are the selling prices. The prices and promises announced are valid until updated and amended by the Seller. Periodically announced prices are valid until the end of the specified period. “Preliminary Information Form” provided on the payment page of the web site and the invoices issued for the orders are integral parts of this contract. The invoice shall be delivered to the delivery address together with the order during order delivery.

Where MEYNA TEKSTİL MÜMESSİLLİK İTH. İHR. SAN. VE DIŞ TİC. LTD. ŞTİ. does not act as the direct ‘seller’, execution of this Contract shall not prevent performance of the provisions of the member business agreements individually concluded by the Parties with the Interim Service Provider, and the Parties agree and declare that the Interim Service Provider is, under no circumstances, a party to the sale of Goods/Services under this Contract and has no liability and commitment with respect to Parties’ performance of their obligations hereunder.

ARTICLE 4 –CONTRACT DATE

This agreement, issued in duplicate form and previously signed by the Seller, has been signed and acknowledged by the Purchaser on .....

ARTICLE 5 – DELIVERY OF GOODS OR SERVICES, PLACE OF PERFORMANCE, AND DELIVERY MANNER

The goods/services shall be delivered either to …. present at .... address as requested to be delivered by the Purchaser, or a person aged over 18 present at the same address. If the Purchaser or the recipient of the products is not present at the specified address at the time of delivery, the Seller shall not be liable for any losses and expenses arising from the Purchaser’s late receipt of the product and/or failure to receive it at all.

ARTICLE 6 – DELIVERY EXPENSES AND PERFORMANCE

Delivery expenses shall be borne by the Purchaser. If the Seller has announced on the web site that the delivery expenses of the shoppers purchasing at an amount above the preannounced amount will be borne by the Seller or will be offered free as part of a campaign, the delivery expenses for purchases that are effected within the specified periods and specified terms shall be borne by the Seller. The delivery shall be made within the shortest time possible in case of availability in stock and following transfer of the product price to the Seller’s account. The Seller shall deliver the product/service within 30 (thirty) days following ordering of the product/service, and reserves an additional time extension of 10 (ten) days by serving a written notice within this timeframe. If the product/service price is not paid for any reason or the payment is in the bank accounts, the Seller shall be deemed relieved from its obligation to deliver the product/service.

ARTICLE 7 – CASH ON DELIVERY RATES

Cash on delivery is a payment option provided by the courier company, and is in no way connected to the Seller. For this service, cash on delivery service rates are listed in the following table, and the service rates belong to the courier company. In case of product return, this rate may not be refunded and the Seller may not be held liable for this amount.

Country	Amount	Currency[SBP1]

ARTICLE 8 – PURCHASER’S REPRESENTATIONS AND WARRANTIES

1. 1. The Purchaser declares that they have read examined and acknowledged, and have been informed on, and have granted necessary confirmation in electronic format for, the following:
      1. The preliminary information uploaded by the Seller on the web site with respect to the basic properties of the Goods/Services under the Contract, their selling price including taxes, and payment manner, delivery and shipping rate and conditions for return;
      2. Seller’s title, address and contact information, and the necessary contact information for reporting complaints;
      3. Information related to payment, delivery, performance and, if any, undertakings in relation thereto, and the Seller’s resolution procedure for complaints;
      4. Circumstances which qualify for right of withdrawal, conditions, period, procedure for exercising this right, and information related to the carrier designated by the Seller for return;
      5. Information on the media where withdrawal statement shall be submitted;
      6. In cases whereby the right of withdrawal cannot be exercised pursuant to relevant regulation, information on the conditions under which the right of withdrawal cannot be enjoyed or will be forfeited;

before instituting this Contract by way of acceptance and entering into payment obligation. By confirming this Contract and the Preliminary Information Form in electronic format, the Purchaser hereby confirms that it has fully and correctly obtained the information which must be provided by the Seller to the Purchaser before execution of the distance contracts. The Purchaser, acting in the capacity of consumer, may raise claims and report complaints to the Seller’s above-stated contact information and/or via the channels provided by the Platform.

1. 2. The Purchaser also agrees and declares that it has learnt about the confidentiality and data usage-processing rules applicable for Purchaser information and rules of electronic communication with the Purchaser imposed by the Seller and the consents granted by the Purchaser to the Seller in this respect, the legal rights of the Purchaser and Seller and the procedures governing the exercise of parties’ rights via the Policies and Announcements published on the Web Site.
   3. If the Purchaser receives the Product/Service under the Contract without examining before taking delivery and accepts the destroyed, broken, torn, etc. Damaged and defective Product/Service from the courier company, the responsibility shall fully remain with the Purchaser. The Product/Service received by the Purchaser from the courier company shall be considered to be undamaged and solid. Upon delivery, the responsibility for and damages on the Product/Service shall lie with the Purchaser. Where the relevant bank or the financial institution does not pay the price of the Product/Service to the Seller due to unjust or unlawful use of the Purchaser’s credit card by unauthorized persons without any fault on the part of the Purchaser after delivery of the Product/Service, the Purchaser must return the product to the Seller within maximum 3(three) days provided that the product has been delivered to the Purchaser. In this case, shipping costs shall be borne by the Purchaser. The Purchaser agrees and declares that it shall not hold the Seller responsible for free products delivered by the Seller as part of a promotion or campaign and that the producer shall be exclusively responsible for all claims.
   4. If the Seller is unable to deliver the product under the contract in due time at all and/or as required due to events of force majeure including occurrence of unforeseeable circumstances that develop beyond the control of the parties and that prevent and/or delay the performance of their obligations by the parties, riots, embargo, state intervention, customs issues, rebellion, military occupation, warfare, mobilization, employee-employer disputes including strikes, lockouts, labor actions or boycotts, cyber-attacks, telecommunication problems, infrastructure and internet failures, system improvement or refurbishment works and failures that may arise therefrom, power cuts, fire, explosion, storm, flood, earthquake, migration, epidemics or another natural disaster or other unforeseeable events that occur outside the control, and are not associated with any fault on the part, of the Seller, and these events prevent or delay the Seller’s performance of its obligations arising under this Distance Sales Contract and/or membership agreement; the Seller may not be held responsible for its failure to perform its obligations which is prevented or delayed as a result of Force Majeure and may not be considered to have breached the contract. Under these circumstances, the Seller agrees, declares and undertakes that it shall notify the Purchaser thereof. The Purchaser shall be entitled to request the Seller to cancel the order, to replace the product under the contract with an equivalent product, if any, and/or defer the delivery until removal of the impediment. If the order is cancelled by the Purchaser, the product price shall be deposited to the bank account designated by the Purchaser within 14 (fourteen) days following the notification date for cash payments made by the Purchaser. For credit card payments made by the Purchaser, the product price shall be refunded to the relevant bank within 7 (seven) days following cancellation of the order by the Purchaser. The Purchaser agrees, declares and undertakes that it may take the bank 2 (two) to 4 (four) weeks on average to reflect the amount refunded by the Seller to the credit card in the Purchaser’s account and that the Purchaser shall not hold the Seller responsible for any possible delays as reflection of this amount in the Purchaser’s account after refund to the bank is completely related to bank’s processing.
   5. Where the Purchaser and the holder of the credit card used during ordering is not the same person or a security deficit is found in the credit card used in the order before delivery of the product to the Purchaser, the Seller may request the Purchaser to provide identity and contact information of the credit card holder, the previous month’s bank statement for the credit card used in the order or to furnish a letter from the bank of the credit card holder confirming that the credit card is owned by such card holder. The order shall be frozen until the provision of the requested information/documents by the Purchaser, and if the said requests are not fulfilled within 24 (twenty-four) hours, the Seller shall be entitled to cancel the order.
   6. The Purchaser agrees and declares that the personal information and other information provided by the Purchaser when creating an account on the web site or for maintaining ordering, cancellation and/or delivery processes is true and that the personal and order information belongs to the Purchaser, and that they shall promptly indemnify the Seller in a single cash payment against all losses that may be incurred by the Seller due to misrepresentation of such information upon the Seller’s first notice.
   7. The Purchaser agrees, declares and undertakes in advance that it shall fully and correctly provide all information required for the Seller’s customer services representative to place an order when the Purchaser prefers the relevant sale channel by calling or via WhatsApp application, that they may not claim unconsented collection or unauthorized access or breach of confidentiality with respect the above information which it has provided by its free will or the information related to access to its account on the web site, that the messages on WhatsApp application and voice records related to financial data and shopping preferences can be recorded by the Seller and personal data can be processed, that the personal data shall be transferred to abroad via WhatsApp over the relevant channel and the Purchaser gives consent thereto, and that they shall be exclusively responsible for all claims and losses that can be raised against the Seller if information provided is not correct.
   8. The Purchaser hereby agrees and undertakes that it shall comply with the provisions of legal legislation when using the internet site and that it shall not breach these provisions. Otherwise, all civil and penal obligations shall entirely and exclusively bind the Purchaser.
   9. The Purchaser may under no circumstances use the web site in a disorderly, unethical, discomforting and harassing manner, for illegal purposes, and in breach of tangible and intangible rights of others. In addition, they may not engage in any activities (spam, virus, Trojan horse, etc.) and actions that may prevent or complicate the use of services by other members.
   10. The Purchaser agrees, declares and undertakes that they shall confirm this Contract in electronic format for delivery of the Product under the contract and that the Seller’s obligation to deliver the Product shall terminate if the product price under the contract is not paid and/or is cancelled in the bank or financial institution records for any reason. The Purchaser agrees, declares and undertakes that the Seller has no responsibility whatsoever with respect to the payments which the bank or financial institution sent a “transaction denied” code for any reason but actually effected to the Seller.
   11. Unless the product price is paid by the relevant bank or financial institution to the Seller as a result of unjust use of the Purchaser’s credit card by unauthorized persons after delivery of the Product under the contract to the Purchaser or the person and/or corporation present at the address designated by the Purchaser, the Purchaser agrees, declares and undertakes that it shall return the product under the Contract within 3 days via the contracted courier company, with the shipping costs at the Seller’s own expense, and/or in accordance with the Seller’s return procedure and that the Seller may promptly accept return of the product.
   12. For purchases to be made by the Purchaser on www.minahamid.com web site by any payment method and especially cash on delivery method; the cash refund amounts based on the Purchaser’s payment to the Seller may only be refunded to the Purchaser’s IBAN acocunt designated by the Purchaser. If the Purchaser claims that they have no IBAN information, the refund can also be transferred to the IBAN account of a first degree relative of the Purchaser upon request provided that the responsibility shall entirely lie with the Purchaser. In this case, the Seller shall not be responsible for the amounts refunded to the person/account designated by the Purchaser, and shall be relieved from debt with the relevant refund payment, The Purchaser is liable for providing and controlling the correct personal and bank information. The Purchaser also agrees and warrants that they shall not breach or even cause breach of domestic and/or international money laundering and anti-corruption legislation and/or policies and that, otherwise, any and all responsibility shall remain with the Purchaser and that they shall irrevocably and promptly indemnify in cash upon first written request all losses that may be incurred by the Seller.
   13. The Purchaser that breaches one or more of the articles set out in this contract shall be personally responsible in penal and civil aspects due to this breach, and shall hold the Seller harmless against the civil and penal consequences of these breaches. In addition, if the case is referred to litigation due to this breach, the Seller shall be entitled to claim damages against the member owing to their failure to comply with the Membership Agreement.
   14. The selling price is the total amount including the taxes. The import tax and the value added tax are paid by Seller MİNAHAMİD on behalf of the Purchaser. As the relevant product(s) is/are exported to the Purchaser from the country of shipment, additional taxes, charges and expenses may arise in case of order return, cancellation and similar procedures, and these amounts shall be borne by the to the Purchaser.
   15. In case of order return, cancellation and similar procedures; the Seller may act on behalf of the Purchaser to receive refund, from the relevant agencies, of the import taxes, the VAT and other taxes and charges arising from exporting the product from the country of shipment and paid by Seller MİNAHAMİD on behalf of the Purchaser. The Purchaser hereby authorizes and appoints Seller MİNAHAMİD as a representative to perform the relevant and complementary VAT refund procedures before the relevant agencies.

ARTICLE 9 – SELLER’S REPRESENTATIONS AND WARRANTIES

The Seller is responsible for delivery of the product under the contract in full and solid state, as per the properties stated in the order and, if any, together with the warranty certificates and user manuals. If the product/service under the Contract is to be delivered to a person/corporation other than the Purchaser, the Seller may not be held responsible for failure of the delivery person/corporation to accept the delivery. The Seller shall refund the product/ service price and, if any, commercial papers, within 14 (fourteen) days following receipt of the withdrawal statement. The Seller may, for valid grounds, supply product/service of equal quality and price before expiry of its performance period set out in the contract provided that it shall serve a prior notification to the Purchaser. If the Seller considers that the performance of the product/service delivery has become impossible, it shall inform the Purchaser before expiry of the performance period of the contract. The Seller shall inform the Purchaser of the ordered products which it is not able to supply. The amounts paid and, if any, documents shall be returned. The Purchaser may not raise any further right and claim. The malfunctioning or defective goods/services can be sent to the Seller for repair as part of the warranty terms if these goods/services have been sold with a warranty certificate or are not available in stock, and in this case the delivery costs shall be borne by the Seller.

ARTICLE 10 – SPECIAL CONDITIONS

1. 1. The web site may provide links to other web sites and/or other contents which are not controlled by the Interim Service Provider and/or owned and/or operated by other third parties. These links are inserted to provide ease of reference to the Purchaser, and do not support any web site or the operator of the web site, and do not imply a guarantee or bear any liability for the contents included in the linked web site.
   2. The Interim Service Provider may at its sole discretion organize various campaigns from time to time for the Purchaser on the Web Site, the conditions, content and duration of which shall be designated by the Seller (campaigns offered to reflect to the Purchaser certain discounts to be designated by the Seller in case the Purchaser purchases a certain amount of products to be designated by the Seller at a time from one and/or more stores). That is to say, if it is not possible to meet the terms of the campaign organized by the Seller for any reason when the Purchaser returns the products they have purchased, for any reason, based on its right of return, withdrawal, etc., then the discount/benefit enjoyed as part of the campaign shall be cancelled and deducted from the refund payable to the Purchaser.
   3. Where the Purchaser can benefit from several campaigns on the same invoice, the campaigns shall not be combined, and the Purchaser will be able to benefit from only one campaign. The Purchaser agrees, declares and undertakes that they shall not claim any rights whatsoever under these circumstances.
   4. The Seller reserves the right to suspend, update, and change the details of the campaigns announced on the Web Site at any time. The Purchaser should examine the campaign terms prior to each purchase from the Web Site. The responsibility for purchases effected without examining the campaign terms shall entirely lie with the Purchaser. The number of products that can be ordered by the Purchaser might be restricted at times as announced on the Platform. If the Purchaser orders products above the number of products announced on the Platform, the orders might be cancelled and the product prices shall be refunded to the Purchaser within the statutory term. The Purchaser agrees, declares and undertakes that it has placed the order by acknowledgement of these issues, and that the Interim Service Provider and/or the Seller is entitled to cancel the order if the restriction on order quantity is exceeded.
   5. Except for those rights owned by other third parties based on the Seller’s agreement, all intellectual-industrial property and ownership rights in connection with the organization, revision and utilization in part or in whole of all information and contents of the Web Site belong MEYNA TEKSTİL MÜMESSİLLİK İTH. İHR. SAN. VE DIŞ TİC. LTD. ŞTİ., and may not be used without written consent.

ARTICLE 11 – PROPERTIES OF THE PRODUCT OR SERVICE UNDER THE CONTRACT

The type and class, quantity, brand/model, color and selling price including all taxes of the Product/Service are as stated on the Preliminary Information Form and the invoice which is considered an integral part hereof.

The total discount earned, the shipping rate and the interest fee on the installment plan in purchases made concurrently from the open bazaar and/or other stores on the Platform are indicated on the Preliminary Information Form.

ARTICLE 12 – CASH PRICE OF THE PRODUCT OR SERVICE

The cash price of the product/service is included in the sample invoice sent at the end of the ordering process to the electronic e-mail address registered in the system, in the Preliminary Information Form and in the invoice sent to the Purchaser together with the product. The discounts and coupons offered by the Seller or the Interim Service Provider, the shipping rate and other applications are reflected in the selling price.

ARTICLE 13 – PROTECTION OF PERSONAL DATA

Seller MİNAHAMİD adheres to both DPA 2018 (Data Protection Act) and General Data Protection Regulation (GDPR) EU 2016/679 with respect to the processing of personal data of relevant parties, and intends to inform you on privacy issues. The personal data protection guidelines of MİNAHAMİD are specified in MİNAHAMİD’ s  Personal Data Protection and Confidentiality Policy and Privacy Notice (Confidentiality Policy). You can have access to the latest version of the Confidentiality Policy on www.minahamid.com. The Purchaser agrees and declares that they have been informed of the Confidentiality Policy attached hereto and personal data protection policy.

You can reach further detail on how we use your personal data and on your respective rights by clicking on this Confidentiality Policy link, and send an e-mail to [email protected] to claim your rights.

If you reside in or are a citizen of the United Kingdom, you can examine our Confidentiality Policy for further information and to learn about your rights under DPA and GDPR, and send an e-mail to [email protected] to claim your rights.

ARTICLE 14 –INSTALLMENT PRICE

The installment price based on the selling price of the product/service is included in the sample invoice sent as an e-mail at the end of the ordering process, in the preliminary information form and in the invoice sent to the customer together with the product.

ARTICLE 15 – PAYMENT PLAN

15.1 In case of purchase by credit card and on installments, the installment plan selected by the Purchaser on the web site shall be valid. In installment transactions, the relevant provisions of the agreement in place between the Purchaser and the card holder shall govern. The credit card payment date is subject to the provisions of the agreement in place between the bank and the Purchaser. The Purchaser can also track the number of installments and payments from the credit card statement sent by the bank. The Purchaser shall be exclusively responsible toward the bank which is the Payment Recipient.

15.2 Your Bank may issue campaigns to apply a number of installments which is above the number you have chosen, and offer services like installment deferral. These campaigns are at the discretion of your bank, and as far as the Seller is informed thereof, our web sites provide information on the campaign. The sum of the total order amounts shall be divided into the number of instalments and reflected by your bank in your credit card statement as from the cut-off date of your credit card. Given the differences in remainders, the bank may not spread the installment amounts equally over the months. It is at your bank’s discretion to create a detailed payment plan.

ARTICLE 16 – RIGHT OF WITHDRAWAL, AND EXERCISING THE RIGHT OF WITHDRAWAL

16.1  The Purchaser is entitled to exercise right of withdrawal and return the Product/Service they have purchased without any civil and penal liability and without any reason, within 14 (fourteen) days following its delivery to the Purchaser or the designated person/corporation within 14 (fourteen) days following its delivery date (in case of force majeure, the said withdrawal period can be extended to the advantage of the Purchaser at the discretion of MİNAHAMİD, and shall be notified to the Purchaser upon occurrence of force majeure). Where UNVAN: MEYNA TEKSTİL MÜMESSİLLİK İTH. İHR. SAN. VE DIŞ TİC. LTD. ŞTİ. does not act as the direct ‘seller’, the Purchaser may not exercise right of withdrawal against, nor may claim refund from, the Interim Service Provider, as such provider is not a party to this distance sales contract. The product price may only be refunded to the Purchaser if due amount is still present in the Interim Service Provider’s account at the time of product delivery to the Seller for return purposes.

16.2  The withdrawal period starts to run on the date of institution of the contract, in contracts for provision of service, and on the date of receipt of the product by the consumer or the third party designated by the consumer, in contracts for product delivery. However, the consumer may exercise right of withdrawal from the date of institution of the contract up to delivery of the product. The order may not be cancelled after issuance of the order invoice and delivery of the product to the courier service; the Purchaser may exercise right of withdrawal after receipt of the relevant product.

16.3 In setting the withdrawal period, the following dates shall be considered:

a) For products placed under a single order but delivered separately; the date on which the consumer or the third party designated by the consumer receives the last product.

b) For products comprising multiple parts; the date on which the consumer or the third party designated by the consumer receives the last part.

c) For contracts based on periodical delivery of a product over a period; the date on which the consumer or the third party designated by the consumer receives the first product.

Delivery of the product by the Seller to the carrier shall not be considered as delivery to consumer. For contracts in which product delivery and service are performed together, the provisions on right of withdrawal related to product delivery shall govern.

16.4  If right of withdrawal is exercised:

a) the Purchaser shall return the product to the Seller within 10 (ten) days following the date of exercising right of withdrawal.

b) The box, package, and if any, standard accessories of the Product to be returned within the scope of right of withdrawal and other complimentary items offered with the Product must also be returned in full and without damage. When returning the Product to the Seller, the original invoice submitted to the Purchaser during delivery of the Product must also be returned by the Purchaser. if the invoice of the product to be returned is a corporate invoice, it must be sent together with the return invoice raised by the corporation during return. The returns of orders which are billed in the name of corporations shall not be completed if n return invoice is issued. If the original invoice is not sent, VAT and other legal liabilities may not be refunded.)

c) The Product price shall be refunded to the Purchaser with the same payment method used by the Purchaser, within 14 (fourteen) days following the date of exercising the right of withdrawal, via Easy Return Center or to the bank account notified by the Seller to the customer services representative or to the platform used for payment in cash payments.

If the value of the product decreases or the return becomes impossible due to a fault on the part of the Purchaser, the Purchaser shall indemnify the Seller’s losses in proportion to their fault.

If the purchase remains below the campaign limit set by the Seller and/or cannot meet the campaign terms due to exercise of the right of withdrawal, the discount and/or free shipping rate enjoyed as part of the campaign shall be cancelled and deducted from the refund payment.

ARTICLE 17 - NO EXERCISE OF THE RIGHT OF WITHDRAWAL

The right of withdrawal may not be used for the following contracts:

a) Contracts for products or services the price of which vary according to the financial market fluctuations and which are not under the control of the Seller or Interim Service Provider;

b) Contracts for delivery of products that are prepared as per consumer demands or manifestly prepared for their personal needs, that are non-returnable by nature, and that are highly perishable, or that may expire;

c) Contracts for delivery of products that are not suitable for return health-wise and hygiene-wise from among those whose packages, tapes, seals, packs and similar protective components are opened after delivery;

d) Contracts for products that are mixed with other products after delivery or that are not decomposable by nature;

e) Contracts for books, digital content and computer consumables presented in physical environment to the extent their packages, tapes, seals, packs and similar protective components have been opened by the Purchaser;

f)Contracts for performance of betting and lottery services;

g) Contracts for services started to be performed upon consumer’s approval before the expiry of the withdrawal period.

Returning the following products is subject to the condition that their packages have not been opened, ruined and the product has not been used and tested:

• All kinds of Cosmetics
• Underwear and Beachwear products (Bikini, Swimsuit, Burkinis, etc.)
• All kinds of Personal Care Products
• All kinds of Software and Programs
• DVD, VCD, CD and cassettes
• Computer and Stationery Consumables (Toner, Cartridge, Tape, etc.)

If the invoice of the products intended to be returned by the Purchaser or the third party is issued as a corporate invoice, the Purchaser must send the products with the return invoice raised by the Corporation when returning the products. Unless a return invoice is issued, the return process of the orders which are billed in the name of corporations shall not be completed. The Purchaser hereby agrees and undertakes that they are aware of this fact and that they may not be able to exercise their right of withdrawal and/or cancellation and raise any claim against the Seller if they fail to duly send the relevant return invoices to the Seller.

ARTICLE 18 – REFUND PROCEDURE

If the Purchaser exercises the right of withdrawal or the ordered product cannot be supplied due to miscellaneous reasons or the arbitration committee awards refund to the Purchaser, the following refund procedure will be followed with respect to payment options:

a) Refund Procedure in Credit Card Payment Options:

If the purchase is made by credit card and in installments, the Bank shall make refund to the Purchaser in the same number of installments the Purchaser has purchased the product. If the installment payments made from Bank’s POS devices are refunded to the Purchaser’s credit card after the Seller has wholly paid the product price to the bank in a single sum, the claimed refund amounts shall be transferred by the Bank to the accounts of card holder parties in installments to avoid any grievance on the part of the parties involved. The installment amounts paid by the Purchaser until cancellation of the sales transaction shall be reflected as 1 (one) refund to the credit card each month if the refund date and the credit card cut-off dates do not overlap, and the Purchaser shall receive the refund of installments paid before product return in as many number of months as the number of installments it has paid before product following the expiry of installment payments of the sales transaction and shall be considered to have deducted them from its current debts.

In case of return of the product and service paid by credit card, the Seller may not refund cash payment to the Purchaser pursuant to its agreement with the Bank. When there is a product return, the Seller shall make the refund via the relevant software, and as the Seller is required to pay the relevant amount to the Bank in cash or by way of sett-off, no cash refund can be made to the Purchaser according to the above-mentioned procedure. The Bank shall make the refund to the credit card according to the above procedure after the Seller pays the due amount to the Bank in a single payment.

b) Refund Procedure in Cash On Delivery Options

The refund shall be made to IBAN account which the Purchaser has entered by filling out the return claim form provided on Easy Return Center. If the Purchaser has not entered any IBAN information at all or correctly or has communicated the return claim directly to the customer services representative when creating a return claim on Easy Return Center, then the Purchaser shall be called by the customer services representative to provide IBAN information. The refund payment shall be deposited to the IBAN account designated by the Purchaser. After the Seller pays the refund to the IBAN account provided, the same amount shall be transferred by the Bank to the Purchaser; the Bank has its own procedures related to the period in which it will reflect the refund.

The Purchaser hereby agrees and warrants that they have read and acknowledged this procedure.

ARTICLE 19 – EVENT OF DEFAULT AND LEGAL CONSEQUENCES

If the Purchaser defaults on the transactions paid by credit card, the card holder shall pay interest in accordance with the credit card agreement in place between the card holder and the bank, and shall be responsible to the bank. In this case, the relevant bank may seek legal remedies, and charge the expenses and attorney’s fees that will arise to the Purchaser, and under all circumstances, the Purchaser agrees that the Purchaser shall pay the Seller’s damages and losses arising from the late performance of its obligation in cash and promptly upon the latter’s first written request.

ARTICLE 20 – DISPUTE RESOLUTION

This Distance Sales Contract shall be directly governed by the Laws of United Kingdom, and London Courts shall have jurisdiction.

ARTICLE 21 – NOTIFICATIONS AND EVIDENTIAL CONTRACT

All kinds of correspondences between the Parties under this Contract shall be made by e-mail except as required by legislation.

ARTICLE 22 – INVOICE ISSUED TO THE MERCHANT, AND CURRENT ACCOUNT TRANSFER APPROVAL

22.1If the Purchaser creating an order under this Contract requests that the invoice is not issued in its own name and account, but in the name of another company and/or legal entity (with this expression, including real person merchants); the Purchaser declares that the invoice information they have provided is correct, that they approve transfer of invoice amounts and debt amounts to be raised in the name of the Purchaser in their current account, to the current account of the company and/or legal entity designated by the Purchaser, and that they accept the debt to be arranged in the name of the company/legal entity with the commercial title and tax id no. designated by the Purchaser according to the provisions of the assignment of receivables. The Purchaser agrees and irrevocably represents and warrants that it shall accept responsibility for any error in the commercial title, tax office and tax id no. and address information of the company and/or legal entity whose billing details are specified by the Purchaser and if the relevant company/legal entity does not accept the debt, and that it shall indemnify all pecuniary and non-pecuniary damages incurred by the Seller as a result of this transaction.

This Contract, consisting of 22 (twenty two) main articles, has been read by the Parties, and executed by the Purchaser by approval in electronic format on .../.../2021, and has promptly entered into effect.