Distance Selling Agreement

SUBJECT

This Preliminary Information Form for Sales Agreement concerns the sale and delivery of the product(s) specified below, with their characteristics and sales price, sold by the SELLER to the ORDERER/BUYER, and covers the rights and obligations of the parties in accordance with the provisions of 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 this contract, they will be obligated to pay the price of the order and any additional fees such as shipping costs and taxes, and that they have been informed about this.

2. SELLER INFORMATION

Company Name: YAŞAR KENDİR TEXTILE IMPORT AND EXPORT FOREIGN TRADE INC. (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 - 0 530 762 79 32
Email: info@yakemall.com.tr

3. BUYER INFORMATION (hereinafter referred to as BUYER)

Name, Surname, Title:
Address:
Telephone :
Email:

4. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE AGREEMENT

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

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

4.3 The sales price of the goods or services subject to this contract, including all taxes, is shown in the table below.

Product Code

Product Name

Brand

Price

Amount

Shipping Fee:

VAT:

Your total purchase amount including VAT:

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

The following privacy policy and terms and conditions, which are currently in effect, apply to the protection, confidentiality, processing, use of information, communications, and other matters on this website.

5.1. Necessary measures have been taken within the seller's system infrastructure to ensure the security of information and transactions entered by the BUYER on the website, in accordance with current technical capabilities and the nature of the information and transaction. However, since the information is entered from the buyer's device, the responsibility for taking necessary precautions, including those against viruses and similar harmful applications, to protect this information and prevent unauthorized access rests with the BUYER.

5.2 The information obtained by the SELLER, Yaşar Kendir Tekstil, its current and future subsidiaries, affiliates, partners, successors and/or third parties/organizations designated by them, during the BUYER's membership and purchases on the website may be recorded, stored in printed/magnetic archives, updated when deemed necessary, shared, transferred, used and processed in other ways for an indefinite period or for a period they deem appropriate, for the purpose of providing various products/services and for all kinds of information, advertising-promotion, sales, marketing, store card, credit card and membership applications, and other electronic and commercial-social communications. This data may also be transmitted to the relevant Authorities and Courts when required by law. The BUYER consents to and authorizes the use, sharing, and processing of their existing and new personal and non-personal information within the scope outlined above, in accordance with the legislation on the protection of personal data and electronic commerce legislation, and to receive commercial and non-commercial electronic and other communications.

5.3. The BUYER may stop the use and processing of data and/or communications at any time by contacting the SELLER through the specified communication channels. According to the BUYER's explicit notification in this regard, the processing of personal data and/or communications to the BUYER will be stopped within the maximum legal period; furthermore, if desired, information other than that which must be legally retained and/or is possible to retain will be deleted from the data recording system or anonymized in a way that prevents identification. The BUYER may, at any time, contact 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 of incomplete or incorrect data, notification of corrected information to relevant third parties, deletion or destruction of data, objection to a result arising against them through analysis by automated systems, and compensation for damages incurred due to unlawful processing of data. Applications and requests regarding these matters will be fulfilled within the maximum legal periods, or may be rejected with a legal justification explained to the BUYER.

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

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

5.6. Other websites accessed through this website have their own privacy and security policies and terms of use; the SELLER is not responsible for any disputes or negative consequences that may arise from them.

5.7. The BUYER acknowledges, declares, and undertakes that if, after delivery of the product subject to this Contract to the BUYER or to the person and/or entity at the address indicated by the BUYER, the price of the product subject to this Contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized and wrongful use of the BUYER's credit card by unauthorized persons, the BUYER will return the product subject to this Contract to the SELLER within 3 days, with the shipping costs borne by the SELLER.

5.8. The SELLER acknowledges, declares, and undertakes that if it is unable to deliver the product 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, it will notify the BUYER of the situation. The BUYER also has the right to request the cancellation of the order, the replacement of the product with an equivalent if available, and/or the postponement of the delivery until the hindering situation is resolved. In case of cancellation of the order by the BUYER, the product amount will be refunded in cash within 14 days for payments made by the BUYER. 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 amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and that the reflection of this amount in the BUYER's account after its return to the bank is entirely related to the bank's processing time; therefore, 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, the sales price, the payment method, and preliminary information regarding delivery on the SELLER's website, and that they have provided the necessary confirmation electronically. The BUYER also acknowledges, declares, and undertakes that by confirming the Preliminary Information electronically, before the conclusion of the distance sales contract, they have received accurate and complete information from the SELLER regarding the address, the basic characteristics of the ordered products, the price of the products including taxes, and payment and delivery information.

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

6.3. The SELLER accepts, declares and undertakes to deliver the product subject to the contract completely, in accordance with the specifications stated in the order, and with any warranty documents and user manuals, free from any defects, in compliance with legal regulations, in accordance with standards, with the necessary information and documents, to perform the work with accuracy and honesty, to maintain and improve the quality of service, to exercise the necessary care and diligence during the performance of the work, and to act with caution and foresight.

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

6.5. The SELLER acknowledges, declares, and undertakes that if it becomes impossible to fulfill the order for the product or service, and therefore the SELLER is unable to fulfill its contractual obligations, it will notify the consumer in writing within 3 (three) days of learning of this situation and will refund the total amount to the BUYER within 14 days.

6.6. The BUYER acknowledges, declares, and undertakes that it will confirm this Preliminary Information Form electronically for the delivery of the product subject to this contract, and that if the price of the product subject to this 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 this contract will cease.

6.7. The BUYER accepts, declares and undertakes that if, after the delivery of the product subject to the Contract to the BUYER or to the person and/or entity at the address indicated by the BUYER, the price of the product subject to the Contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized and wrongful 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 costs borne by the SELLER.

6.8. The SELLER acknowledges, declares, and undertakes that if it is unable to deliver the product 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, it will notify the BUYER of the situation. The BUYER also has the right to request the cancellation of the order, the replacement of the product with an equivalent if available, and/or the postponement of the delivery until the hindering situation is resolved. In case of cancellation of the order by the BUYER, the product amount will be refunded in cash within 14 days for payments made by the BUYER. 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 amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and that the reflection of this amount in the BUYER's account after its return to the bank is entirely related to the bank's processing time; therefore, the BUYER cannot hold the SELLER responsible for any possible delays.

7. BILLING INFORMATION

Payment Method:
Delivery Address:
Person to whom the delivery will be made:
Billing Address:
Shipping Fee:

Invoice Delivery: The delivery time for your order invoice varies depending on the payment method listed below.

a) Payment by Credit Card - Debit Card: The invoice will be delivered to the billing address along with the order during delivery.

8. RIGHT OF WITHDRAWAL

8.1. The BUYER may exercise their right to withdraw from distance sales contracts within 14 (fourteen) days of the delivery date of the product to themselves or to the person/entity at the address indicated, by notifying the SELLER, without incurring any legal or criminal liability and without giving any reason. The right of withdrawal cannot be exercised in service contracts where the performance of the service has commenced with the consumer's consent before the expiration of the 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 that they have been informed about the right of withdrawal.

8.2. To exercise the right of withdrawal, a written notification must be sent to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days, and the product must be unused, in accordance with the "Products for which the Right of Withdrawal Cannot Be Exercised" provisions stipulated in this agreement. If this right is exercised,

8.2.1 The invoice for the product delivered to the third party or the BUYER. (If the invoice for the product to be returned is issued to a company, it must be sent together with the return invoice issued by the company. Returns of orders invoiced to companies cannot be completed unless a RETURN INVOICE is issued.)

8.2.2. Return form,

8.2.3. Returned products must be delivered complete and undamaged, including the box, packaging, and any standard accessories.

8.2.4. The SELLER is obliged to return the total amount and any documents that obligate the BUYER within a maximum of 14 (fourteen) days from the date of receipt of the cancellation notice.

8.2.5. The BUYER must return the goods to the SELLER or to a person authorized by the SELLER within 10 days of sending the notification.

8.2.6. If the value of the goods decreases or return becomes impossible due to a fault of the BUYER, the BUYER is obliged to compensate the SELLER for the damages in proportion to the fault. However, the BUYER is not responsible for changes and deteriorations caused by the proper use of the goods or product within the withdrawal period.

8.2.7. If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount received under the campaign will be cancelled.

PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Some products may not be returnable due to their nature. These include underwear, products that cannot be returned for hygienic reasons, and single-use items. Furthermore, for the right of withdrawal to be exercised for any product, it must be in a resalable condition, unused, undamaged, and with its labels intact. The right of withdrawal cannot be exercised for products that do not meet these conditions, and the buyer will be notified of this.

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

a) Contracts for goods whose price varies depending on fluctuations in financial markets and is beyond the seller's control.
(b) Contracts relating to products prepared according to the consumer's requests or personal needs.
c) Contracts relating to underwear products.
c) Products whose labels have been removed, which are damaged, or which have lost their resale value after delivery,
d) Contracts relating to products that are mixed with other products after delivery and which, by their nature, cannot be separated,
e) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement.
f) Contracts for services that have begun to be performed with the consumer's consent before the expiration of the withdrawal period.

LEGAL REMEDIES - COMPETENT JUDICIAL AUTHORITIES

In the event of any disputes arising from the implementation of this agreement, the Provincial and District Consumer Arbitration Boards shall have jurisdiction within the monetary limits determined and announced annually by the Ministry of Customs and Trade as required by law, and the Consumer Courts shall have jurisdiction in cases exceeding these limits. Within this framework, the BUYER may apply to the Arbitration Boards and Consumer Courts located in their place of residence or, if they so choose, in the place of residence of the SELLER.

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

SALES PERSON

YAŞAR KENDİR TEXTILE IMPORT AND EXPORT FOREIGN TRADE INC.