Distance Sales Agreement

1. PARTIES

This Agreement has been signed between the following parties under the terms and conditions set out below.

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

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

By accepting this contract, the BUYER accepts in advance that he/she will be obliged to pay the order price and, if applicable, additional fees such as shipping costs and taxes, and that he/she has been informed about this, if he/she approves the order subject to the contract.

2. DEFINITIONS

In the application and interpretation of this agreement, the terms written below will refer to the written explanations opposite them.

MINISTRY: Ministry of Trade of the Republic of Türkiye,

LAW: Consumer Protection Law No. 6502,

REGULATION: Distance Contracts Regulation

SERVICE: The subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit.

SELLER: A company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf or on behalf of the supplier of goods.

BUYER: A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes.

SITE: The SELLER's website,

ORDERER: A natural or legal person who requests a good or service through the SELLER's website.

PARTIES: SELLER and BUYER,

CONTRACT: This contract concluded between the SELLER and the BUYER,

GOODS: It refers to the movable goods subject to shopping and software, sound, images and similar intangible goods prepared for use in electronic environment.

TOPIC 3

This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation, regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically through the SELLER's website.

Prices listed and announced on the site are sales prices. Shipping costs are not included. Advertised prices and promotions are valid until updated or changed. Prices advertised for a limited period are valid until the end of the specified period.

4.SELLER INFORMATION

Title: SUMAIN DESIGN CONSULTANCY SERVICES INDUSTRY AND TRADE JOINT STOCK COMPANY

Address: ÖMER AVNİ MAH. BEYTÜLMALCI SK. MARKET NO: 7 INSIDE DOOR NO: 2 BEYOĞLU/İSTANBUL

Phone: 05351060887

Email: info@sumaindesign.com

5. BUYER INFORMATION

Person to be delivered

Delivery Address

Telephone

Email/username

6. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE CONTRACT

6.1. The basic characteristics of the goods/products/services (type, quantity, brand/model, color, number) are published on the SELLER's website. If the Seller has organized a campaign, you can review the basic characteristics of the relevant product during the campaign period.

6.2. The prices listed and announced on the site are the sales price of the product/good. Advertised prices and campaigns are valid until updated or changed. Prices announced for a limited period are valid until the end of the specified period.

6.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.

Product DescriptionQuantityUnit PriceSubtotal

(VAT included)

Shipping Amount

Total :

Payment Method and Plan

Delivery Address

Person to be delivered

Billing Address

Order Date

Delivery date

Delivery method

6.4. The shipping fee, which is the cost of shipping the product, will be paid by the BUYER. No shipping fee will be charged for purchases of goods/products exceeding the total amount stated on the website.

7. INVOICE INFORMATION

Name/Surname/Title

Address

Telephone

Email/username

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

8. RULES ON SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The privacy rules-policy and conditions specified below apply to the protection, confidentiality, processing-use and communications of information on the WEBSITE and other matters:

8.1. 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, within the limits of current technical capabilities, depending on the nature of the information and transactions. However, since the information in question is entered from the BUYER's device, the BUYER is responsible for taking the necessary precautions, including those against viruses and similar malicious applications, to protect it from unauthorized access.

8.2. In addition to and in confirmation of the BUYER's permissions and approvals regarding personal data and commercial electronic communications provided by other means, the SELLER is obligated to protect the information obtained during the BUYER's membership to the WEBSITE and purchases within the scope of the LAW ON THE PROTECTION OF PERSONAL DATA AND RELEVANT REGULATIONS. This data may also be transmitted to the relevant administrative institutions and courts when required by law. The BUYER consents and allows its current and new personal and non-personal information to be used, shared, processed, and to receive commercial and non-commercial electronic and other communications within the above-mentioned scope in accordance with the LAW ON THE PROTECTION OF PERSONAL DATA and the LAW ON REGULATION OF ELECTRONIC COMMERCE.

8.3. The BUYER may stop data use and processing at any time by contacting the SELLER through the specified communication channels and/or by contacting the SELLER through the same channels in accordance with legal procedures or by exercising its right of refusal in electronic communications sent to it. Pursuant to the BUYER's express notification in this regard, personal data processing and/or communications to the BUYER will be stopped within the maximum legal period. Furthermore, if the BUYER so requests, its information, other than that which is legally required and/or possible to be preserved, will be deleted from the data recording system or anonymized in a manner that prevents identification. The BUYER may, at any time, contact the SELLER through the above communication channels and obtain information regarding the processing of its personal data, the persons to whom it was transferred, the correction of incomplete or inaccurate data, the notification of corrected information to relevant third parties, the deletion or destruction of data, objecting to any adverse outcome arising from analysis by automated systems, and the compensation for damages incurred due to unlawful processing of data. Applications and requests regarding these matters will be fulfilled within the maximum legal period or the legal reason for not fulfilling the requests will be explained to the party.

8.4. Regarding all information and content of the WEBSITE and their arrangement, revision and partial/full use, all intellectual and industrial property rights and property rights belong to the SELLER, except those belonging to other third parties in accordance with the agreement of the SELLER.

8.5. Other sites accessed from the WEBSITE are subject to their own privacy-security policies and terms of use, and the SELLER is not responsible for any disputes or negative consequences that may arise.

9. GENERAL PROVISIONS

9.1. The BUYER acknowledges, declares, and undertakes to have read and been informed of the basic characteristics, sales price, payment method, and preliminary delivery information regarding the contracted product on the SELLER's website, and to have provided the necessary confirmation electronically. By electronically confirming the Preliminary Information, the BUYER acknowledges, declares, and undertakes to have obtained the address to be provided to the BUYER by the SELLER before the distance sales contract is established, the basic characteristics of the ordered products, the price of the products, including taxes, and payment and delivery information, all of which are accurate and complete.

9.2. Each product subject to this contract will be delivered to the BUYER or the person and/or organization at the address specified by the BUYER within the period specified in the preliminary information section of the website, depending on the distance from the BUYER's residence, provided that the legal period does not exceed 30 days. 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 in full, in accordance with the specifications specified in the order and with warranty documents, user manuals, and any necessary information and documents; to perform the work in accordance with the standards and in accordance with the requirements of the legal legislation, free from all defects, on the basis of honesty and integrity; to maintain and improve the service quality; to show the necessary care and attention during the performance of the work and to act with caution and foresight.

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

9.5. The SELLER accepts, declares and undertakes that if it cannot fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, it will notify the consumer in writing within 3 days from the date it becomes aware of this situation and will refund the total price to the BUYER within 14 days.

9.6. The BUYER accepts, declares and undertakes that it will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that if the price of the product subject to the Agreement is not paid for any reason and/or is cancelled in the bank records, the SELLER's obligation to deliver the product subject to the Agreement will be terminated.

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

9.8. If the SELLER is unable to deliver the product subject to the contract within the specified time due to force majeure events that occur beyond the will of the parties, are unforeseen, and prevent and/or delay the fulfillment of the parties' obligations, the SELLER acknowledges, declares, and undertakes to notify the BUYER of the situation. If the force majeure event is publicly known and renders the use of communication tools impossible, the SELLER will notify the BUYER as soon as possible after the force majeure event is eliminated.

BUYER also has the right to request from SELLER that the order be canceled, that the contractual product be replaced with a similar one, if any, and/or that the delivery time be postponed until the impeding situation is eliminated. In the event of cancellation of the order by BUYER, for payments made by cash, the product price will be paid to BUYER in cash within 14 days. For payments made by BUYER by credit card, the product price will be refunded to the relevant bank within 14 days of the order being canceled by BUYER. BUYER acknowledges, declares and undertakes that the average process for the amount refunded to SELLER's credit card to be reflected in the BUYER's account by the bank may take up to 2 to 3 weeks. Since the reflection of this amount in the BUYER's account after its refund to the bank is entirely related to the bank transaction process, BUYER accepts, declares and undertakes that SELLER cannot be held responsible for any possible delays. These installment periods will apply to refunds to be made by the bank, regardless of the installment amount BUYER purchased the product in.

9.9. The SELLER has the right to contact the BUYER for communication, marketing, notification, and other purposes via letters, emails, SMS, phone calls, and other means, using the address, email address, landline and mobile telephone lines, and other contact information specified by the BUYER in the site registration form or subsequently updated by the BUYER. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities.

9.10. The BUYER must inspect the goods/services subject to the contract before accepting them; they will not accept damaged or defective goods/services (such as those with crushed, broken, torn packaging, etc.) from the cargo company. The goods/services received will be deemed undamaged and intact. The BUYER is responsible for the careful preservation of the goods/services after delivery. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned.

9.11. If the BUYER and the credit card holder used during the order are not the same person, or if a security breach is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, a 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 the BUYER. The order will be frozen until the BUYER provides the requested information/documents. 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 by the BUYER when registering on the SELLER's website is true and correct, and that it will compensate the SELLER for any damages it may incur due to the inaccuracy of this information, immediately, in cash and at once upon the first notification from the SELLER.

9.13. The BUYER accepts and undertakes to comply with and not violate the provisions of the legislation when using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise will be fully and exclusively binding on the BUYER.

9.14. BUYER may not use SELLER's website in any way that disrupts public order, violates public morality, disturbs or harasss others, for any illegal purpose, or infringes on the material or moral rights of others. Furthermore, BUYER may not engage in any activity (spam, viruses, Trojan horses, etc.) that prevents or obstructs others from using the services.

9.15. SELLER's website may contain links to other websites and/or other content that are not under SELLER's control and/or owned and/or operated by third parties. These links are provided for the purpose of facilitating navigation for BUYER and do not endorse any website or its operator and do not constitute any guarantee regarding the information contained on the linked website.

10.RIGHT OF WITHDRAWAL

10.1. If the distance contract relates to the sale of goods, the BUYER may exercise the right of withdrawal from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to the BUYER or to the person/entity at the address provided, without assuming any legal or criminal liability and without giving any justification, provided that the BUYER notifies the SELLER. In distance contracts relating to the provision of services, this period begins from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the performance of the service begins with the consumer's approval 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 that it has been informed of the right of withdrawal.

If the BUYER does not receive the goods delivered by cargo due to not being at the address provided, and requests that they be delivered to another person/organization/address, and if such persons or organizations do not accept the goods/product or refuse to accept them - except in cases of defective goods detection -, the BUYER cannot exercise their right of withdrawal from the Contract and request a refund of the payment made to their credit card. In cases where the goods remain in the cargo hold and are damaged, the BUYER must compensate the SELLER for any damages incurred.

10.2. In order to exercise the right of withdrawal, the SELLER must complete the return form on the website or send a written notification by e-mail within 14 (fourteen) days and the product must not be used in accordance with the provisions of this contract regarding "Products for which the Right of Withdrawal Cannot Be Used". In case of exercising the right of withdrawal,

  1. a) The invoice of the product delivered to the 3rd party or the BUYER (If the invoice of the product to be returned is a corporate product, it must be sent together with the return invoice issued by the corporate product. Returns of orders whose invoices are issued in the name of corporate products cannot be completed unless a RETURN INVOICE is issued.)
  2. b) Return form,
  3. c) The products to be returned must be delivered complete and undamaged, including the box, packaging and standard accessories, if any.
  4. d) The SELLER is obliged to return the total price and the documents that put the BUYER indebted to the BUYER within 10 days at the latest from the date of receipt of the notice of withdrawal and to take back the goods within 20 days.
  5. e) If the value of the goods decreases or return becomes impossible due to a reason caused by the BUYER's fault, the BUYER is obligated to compensate the SELLER for damages to the extent of the BUYER's fault. However, the BUYER is not responsible for any changes or deterioration that occur due to improper use of the goods or product during the right of withdrawal period.
  6. f) If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.

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

According to the Regulation, it is not possible to return underwear, swimsuits and bikini bottoms, make-up materials, disposable products, goods that are prepared at the BUYER's request or clearly in line with their personal needs and are not suitable for return, goods that are in danger of rapid deterioration or have expired, products that are not suitable for return due to health and hygiene reasons if the packaging is opened by the BUYER after being delivered to the BUYER, products that are mixed with other products after delivery and cannot be separated by their nature, goods related to periodical publications such as newspapers and magazines, other than those provided under a subscription agreement, services performed instantly in electronic media 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, computer consumables, if the packaging has been opened by the BUYER. Furthermore, it is not possible to exercise the right of withdrawal regarding services whose performance began with the consumer's consent before the expiration of the right of withdrawal period, according to the Regulation.

In order for cosmetics and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) to be returned, their packaging must be unopened, untested, undamaged, and unused.

12.DEFAULT EVENT AND ITS LEGAL CONSEQUENCES

BUYER acknowledges, declares, and undertakes that if payment is made by credit card and the BUYER goes into default, the BUYER will pay interest and be liable to the bank pursuant to the credit card agreement between the cardholder and the bank. In such a case, the relevant bank may take legal action and claim any resulting expenses and attorney fees from the BUYER. In any case, if the BUYER defaults on a debt, the BUYER acknowledges, declares, and undertakes to compensate the SELLER for any losses and damages incurred by the BUYER due to the delayed payment of the debt.

13. COMPETENT COURT

Complaints and objections regarding disputes arising from this contract will be made to the consumer problems arbitration committee or consumer court at the place where the consumer is located or where the consumer transaction is made, within the monetary limits specified in the Law.

14. APPLICABLE LEGISLATION

In interpreting the articles that are not stipulated in this Agreement and are not explicitly regulated/are subject to dispute, the provisions of the Turkish Code of Obligations, the Consumer Protection Law, the Personal Data Protection Law and the relevant Regulations will be applied.

15. ENFORCEMENT

The BUYER is deemed to have accepted all terms of this agreement upon payment for an order placed through the Site. The SELLER is obligated to make the necessary software adjustments to obtain confirmation on the Site that the BUYER has read and accepted this agreement before the order is placed.

SALES PERSON:
BUYER:
HISTORY: