Distance Sales Agreement

SUBJECT

The subject of this Sales Contract Preliminary Information Form covers the sale and delivery of the product(s) specified below in terms of characteristics and sales price by the SELLER to the ORDERING/BUYER, and includes the rights and obligations of the parties pursuant to the Law No. 6502 on the Protection of Consumers - Distance Contracts Regulation (Official Gazette: 27.11.2014/29188). By accepting this preliminary information form, the BUYER acknowledges in advance that if they approve the order subject to the contract, they will be obliged to pay the order price and any additional fees such as shipping and taxes, and that they have been informed accordingly.

2. SELLER INFORMATION

Title: YAŞAR KENDİR TEKSTİL İTHALAT VE İHRACAT DIŞ TİCARET ANONİM ŞİRKETİ (Hereinafter referred to as SELLER.)
Address: Mehmet Nesih Özmen Mah.Savaş Cad.Keresteciler Sitesi Fidan Sk.No:7 Güngören/ISTANBUL
Phone: 0 212 505 26 90 - +90 533 600 63 72
Email: contact@yakejeans.com.tr

3. BUYER INFORMATION (Hereinafter referred to as BUYER.)

Full Name and Title:
Address:
Phone:
E-Mail:

4. INFORMATION ABOUT THE CONTRACTED PRODUCT(S)

4.1 The basic features of the goods/products (type, quantity, brand/model, color, number) are available on the SELLER's website. You can review the basic features of the product during the campaign period. Valid until the campaign date.

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

4.3 The total sales price including all taxes for the contracted goods or services is shown in the table below.

Product Code

Product Name

Brand

Price

Quantity

Amount

Shipping Fee:

VAT:

Your total purchase amount including VAT:

5. RULES REGARDING SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS, AND INTELLECTUAL-PROPERTY RIGHTS

The privacy rules-policy and terms specified below regarding the protection, confidentiality, processing-use of information, communications, and other matters on the website apply.

5.1. The necessary measures for the security of the information and transactions entered by the BUYER on the website have been taken within the seller's system infrastructure according to the nature of the information and transaction, using current technical capabilities. However, since the said information is entered from the buyer's device, it is the BUYER's responsibility to take the necessary precautions, including those related to viruses and similar harmful applications, to protect them on the buyer's side and prevent access by unauthorized persons.

5.2 Information obtained during the BUYER's membership and shopping on the website can be recorded indefinitely or for a foreseeable period by the SELLER, Yaşar Kendir Tekstil, its current and future affiliates, subsidiaries, partners, successors, and/or third parties/organizations they designate, for the provision of various products/services and all kinds of informational, advertising-promotion, sales, marketing, store card, credit card, and membership applications, as well as electronic and other commercial-social communications. These can be stored in printed/magnetic archives, updated if necessary, shared, transferred, used, and processed in other ways. These data may also be submitted to relevant authorities and courts when legally required. The BUYER has consented and permitted the use, sharing, processing, and receiving of commercial and non-commercial electronic communications and other communications regarding their current and new personal and non-personal information within the scope above, in accordance with personal data protection legislation and electronic commerce regulations.

5.3. The BUYER can always stop data usage-processing and/or communications by contacting the SELLER through the specified communication channels. According to the BUYER's explicit notification on this matter, personal data processing and/or communications to the party will be stopped within the legal maximum period; additionally, if desired, information other than those legally required to be retained and/or possible will be deleted from the data recording system or anonymized in a way that the identity cannot be determined. If the BUYER wishes, they can always apply to the seller through the above communication channels and obtain information regarding the processing of their personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect data, notification of corrected information to relevant third parties, deletion or destruction of data, objection to the emergence of a result against themselves through automatic systems analysis, compensation in case of damage due to unlawful processing of data, and similar matters. Applications and requests on these matters will be fulfilled within the legal maximum periods or may be rejected by explaining the legal reason to the party.

5.4. All types of information and content belonging to the website, as well as their arrangement, revision, and partial/complete use; except for those belonging to other third parties according to the SELLER's agreement; all intellectual and industrial property rights and ownership rights belong to the SELLER.

5.5. The SELLER reserves the right to make any changes it deems necessary regarding the above matters; these changes become effective as of the moment they are announced by the seller on the website or by other appropriate methods.

5.6. The privacy-security policies and terms of use of other websites accessed from the internet site apply to those sites, and the SELLER is not responsible for any disputes or negative consequences that may arise.

5.7. The BUYER acknowledges, declares, and undertakes that if the product subject to the contract is delivered to the BUYER or the person/organization at the address indicated by the BUYER and the credit card belonging to the BUYER is used unlawfully by unauthorized persons resulting in the product price not being paid to the SELLER by the relevant bank or financial institution, the BUYER will return the product subject to the contract to the SELLER within 3 days, with the shipping cost to be borne by the SELLER.

5.8. The SELLER acknowledges, declares, and undertakes that if they cannot deliver the product subject to the contract within the specified time due to force majeure events such as unforeseen circumstances beyond the parties’ control that prevent and/or delay the parties from fulfilling their obligations, they will notify the BUYER of the situation. The BUYER has the right to request from the SELLER the cancellation of the order, replacement of the product subject to the contract with an equivalent if available, and/or postponement of the delivery time until the obstructive situation is resolved. In case of order cancellation by the BUYER, payments made in cash will be refunded to the BUYER in full within 14 days. For payments made by credit card, the product amount will be refunded to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER acknowledges, declares, and undertakes that the average process for the refunded amount to be reflected in the BUYER’s account by the bank after the SELLER refunds the credit card is 2 to 3 weeks, and since the reflection of this amount in the BUYER’s account after the refund to the bank is entirely related to the bank’s processing time, the BUYER cannot hold the SELLER responsible for any possible delays.

6. GENERAL PROVISIONS

6.1. The BUYER acknowledges, declares, and undertakes that they have read and are informed about the basic characteristics of the product subject to the contract, the sales price, payment method, and preliminary information regarding delivery on the SELLER’s website, and have given the necessary confirmation electronically. The BUYER also acknowledges, declares, and undertakes that by confirming the Preliminary Information electronically, they have correctly and completely obtained the address to be provided by the SELLER before the establishment of the distance sales contract, the basic features of the ordered products, the prices including taxes, and the payment and delivery information.

6.2 Each product subject to the contract will be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance to the BUYER's residence, not exceeding the legal period of 30 (thirty) days. If the product subject to the contract is to be delivered to a person or organization other than the BUYER, the SELLER cannot be held responsible if the recipient refuses to accept the delivery. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.

6.3. SELLER agrees, declares, and undertakes to deliver the product subject to the contract completely, in accordance with the specifications stated in the order, and if available, with warranty certificates and user manuals; to perform the work in accordance with legal regulations, free from any defects, with the necessary information and documents, based on principles of accuracy and honesty; to maintain and improve service quality; to exercise necessary care and attention during the performance of the work; and to act with caution and foresight.

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

6.5. SELLER agrees, declares, and undertakes that if it becomes impossible to fulfill the product or service ordered, it will notify the consumer in writing within 3 (three) days from the date it learns of this situation and will refund the total amount to the BUYER within 14 days.

6.6. BUYER agrees, declares, and undertakes to confirm this Preliminary Information Form electronically for the delivery of the product subject to the contract, and in case the payment for the product is not made or is canceled in the bank records for any reason, the SELLER's obligation to deliver the product subject to the contract will cease.

6.7. BUYER agrees, declares, and undertakes that if the product subject to the contract is delivered to the BUYER or the person and/or organization at the address indicated by the BUYER, and the payment for the product is not made to the SELLER by the relevant bank or financial institution due to unauthorized use of the BUYER's credit card by unauthorized persons, the BUYER will return the product subject to the contract to the SELLER within 3 (three) days, with the shipping cost to be borne by the SELLER.

6.8. The SELLER accepts, declares, and undertakes that if, due to force majeure events such as unforeseen circumstances beyond the parties' control that prevent and/or delay the parties from fulfilling their obligations, the product subject to the contract cannot be delivered on time, the SELLER will notify the BUYER of the situation. The BUYER has the right to request the cancellation of the order, replacement of the product subject to the contract with an equivalent if available, and/or postponement of the delivery period until the obstructive situation is resolved. In case of cancellation of the order by the BUYER, payments made in cash will be refunded to the BUYER in full within 14 days. For payments made by credit card, the product amount will be refunded to the relevant bank within 14 days after the cancellation by the BUYER. The BUYER acknowledges, declares, and undertakes that the average process for the refunded amount to be reflected in the BUYER's account by the bank after the SELLER refunds the credit card may take 2 to 3 weeks, and since the reflection of this amount to the BUYER's account after the refund to the bank is entirely related to the bank's processing time, the BUYER cannot hold the SELLER responsible for possible delays.

7. INVOICE INFORMATION

Payment Method:
Delivery Address:
Recipient:
Invoice Address:
Shipping Fee:

Invoice delivery: The sending of your order invoice varies according to the payment options specified below.

a) Payment by Credit Card - Debit Card: The invoice is delivered to the invoice address together with the order at the time of order delivery.

8. RIGHT OF WITHDRAWAL

8.1. The BUYER may, within 14 (fourteen) days from the date of delivery of the product to themselves or the person/organization at the address they indicate, notify the SELLER and reject the goods without assuming any legal or penal liability and without giving any reason, thus exercising the right of withdrawal from the contract in distance sales contracts. Before the withdrawal period expires, the right of withdrawal cannot be used in service contracts where the service has started with the consumer's consent. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER acknowledges that they have been informed about the right of withdrawal in advance.

8.2. To exercise the right of withdrawal, a written notification must be made to the SELLER by registered mail with return receipt, fax, or email within 14 (fourteen) days, and the product must not have been used within the scope of the "Products for Which the Right of Withdrawal Cannot Be Used" provisions regulated in this contract. In case of exercising this right,

8.2.1 3. invoice of the product delivered to the person or BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning. Returns of orders invoiced on behalf of institutions cannot be completed unless a RETURN INVOICE is issued.)

8.2.2. Return form,

8.2.3. Products to be returned must be delivered complete and undamaged, including their box, packaging, and any standard accessories if applicable.

8.2.4. The SELLER is obliged to refund the total amount and documents that place the BUYER under obligation within 14 (fourteen) days at the latest from the date the withdrawal notification is received.

8.2.5. After the BUYER submits the notification, they must return the goods to the SELLER or an authorized person within 10 days.

8.2.6. If the value of the goods decreases due to the BUYER's fault or if return becomes impossible, the BUYER is obliged to compensate the SELLER for damages proportionate to the fault. However, the BUYER is not responsible for changes or deterioration caused by proper use of the goods or products within the withdrawal period.

8.2.7. If the use of the right of withdrawal causes the campaign limit set by the SELLER to fall below the threshold, the discount amount used within the campaign will be canceled.

PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

There may be products that cannot be returned due to their nature. These include underwear, products that cannot be returned for hygienic reasons, and single-use products. Additionally, for the right of withdrawal to be exercised on any product, the product must retain its resale value, be unused, undamaged, and have its labels intact. The right of withdrawal cannot be used for products that do not meet these conditions, and this is notified to the buyer.

The right of withdrawal cannot be used in the following cases:

1. a) Contracts for products whose prices fluctuate due to financial market changes and are beyond the seller's control.
  b) Contracts for products prepared according to the consumer's requests or personal needs.
  c) Contracts related to underwear products.
  ç) Products whose labels have been removed, damaged, or lost their resale value after delivery.
  d) Contracts for products that are mixed with other products after delivery and cannot be separated due to their nature.
  e) Contracts for the delivery of periodicals such as newspapers and magazines, excluding those provided under subscription agreements.
  f) Contracts for services started with the consumer's consent before the withdrawal period expires.

LEGAL REMEDIES - COMPETENT JURISDICTIONAL AUTHORITIES

In the implementation of this agreement and in case of disputes, Consumer Arbitration Committees at the provincial and district levels, within the monetary limits determined and announced annually by the Ministry of Customs and Trade by law, are authorized; for cases exceeding these limits, Consumer Courts have jurisdiction. The BUYER may apply to the Arbitration Committees and Consumer Courts in their place of residence or, if desired, those of the SELLER.

If the order is confirmed electronically, the buyer is deemed to have accepted all the terms of this agreement.

SELLER

YAŞAR KENDİR TEXTILE IMPORT AND EXPORT FOREIGN TRADE JOINT STOCK COMPANY