DISTANCE SALES CONTRACT

ARTICLE 1- PARTIES

This Distance Sales Contract (“Contract”) has been concluded between the Parties whose information is given below.

1.1- SELLER:

Title: FİRA TEKSTİL ENERJİ İTHALAT İHRACAT SANAYİ VE Dış Ticaret LİMİTED ŞİRKETİ

Mersis Number: –

Address: {_saticiadres_}

Telephone: {_saticitelefon_}

Call Center: {_saticitelefon_}

E-mail: {_saticimail_}

Product Return Address: {_saticiadres_}

1.2- BUYER:

Name/Surname/Title: {_aliciad_} {_alicisoyad_}

Address: {_teslimatadresi_}

Phone: {_alicitelefon_}

E-mail: {_alicimail_}

1.3. In this Agreement, the Seller and the Buyer shall be referred to individually as “Party” and jointly as “Parties”.

ARTICLE 2- DEFINITIONS

2.1. In this Agreement, the words specified below, when used with their first letters capitalized, shall have the meanings given to them in this article.

Platform: The website named www.kahvesaati.com.tr, including its subdomains, operated by the Seller or third parties authorized by the Seller.

Seller: Within the scope of the Law No. 6502 on the Protection of Consumers (“Law”), the person who will ensure that the Products, the information and features of which are given in Article 4 of this Agreement, are delivered to the Buyer

FIRA TEKSTİL ENERJİ İTHALAT İHRACAT SANAYİ VE Dış Ticaret LİMİTED ŞİRKETİ

Buyer: The real or legal person who purchases the Product/s offered on the Platform

Product: The product/products ordered by the Buyer and the prices, features and other information of which are given in Article 4 of this Agreement

Sales Price: The total sales price of the Product

Regulation: Distance Contracts Regulation

Preliminary Information: Information that includes the Product, Sales Price, right of withdrawal and other conditions accepted by the Buyer electronically before the acceptance of this Agreement, which means informing the Buyer about the Products to be purchased and their obligations in accordance with the Regulation and the Law

ARTICLE 3- SUBJECT OF THE CONTRACT

3.1.The subject of this Agreement is the determination of the rights and obligations of the Parties in accordance with the provisions of the Law and Regulation and all other relevant legal regulations regarding the presentation and delivery of the Product ordered by the Buyer electronically through the Platform, in return for the sales price specified in Article 4.

ARTICLE 4- PRODUCT INFORMATION, SALES PRICE, PAYMENT AND DELIVERY

4.1. The information regarding the Product subject to this Agreement is as follows:

Date: {_date_}

Purchased Product/Products:

{_productinformation_}

TL Payment Method: {_payment_}

Credit Card/Bank Transfer (EFT)

{_deliveryaddress_}

Person/Institution to be Invoiced:

{_invoiceaddress_}

ARTICLE 5- RIGHTS AND LIABILITIES OF THE PARTIES

5.1. The Buyer shall, together with all information regarding the Product subject to the Agreement, obtain the basic characteristics, sales price including all taxes, shipping fee, payment method and delivery of the Product subject to the Agreement specified in detail in Article 4 of this Agreement, and the name, title, full address and contact information of the Seller before this Agreement is concluded. The buyer accepts, declares and undertakes that he/she is informed about the right of withdrawal and accepts the terms, and that he/she will make payment for the Product after approving these contracts electronically.

5.2. In order to avoid any doubt, it should be stated that if the Buyer is a real or legal person acting for commercial or professional purposes and/or if the invoice for the Product subject to the Contract is issued in the name of the Buyer acting for commercial or professional purposes; the buyer cannot benefit from the provisions aimed at granting special rights and opportunities to consumers and consumer rights regulated in this Contract and the law.

5.3. In addition to the terms of this Contract, the parties accept, declare and undertake that they have accepted the provisions of the Law, the Law No. 6563 on the Regulation of Electronic Commerce, the Regulation on Service Providers and Intermediary Service Providers in Electronic Commerce and the Regulation and that they will act in accordance with these provisions.

5.4. The buyer accepts, declares and undertakes that he/she has read the Preliminary Information and confirmed it electronically.

5.5. All confirmations/acceptances given by the Buyer electronically within the scope of this Agreement shall be deemed as “written approval”.

5.6. The prices announced on the Platform constitute the Product prices. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period. The Seller is completely free to determine the scope and nature of the Products and shall be deemed to have put into effect the changes it will make regarding the Products by publishing them on the Platform.

5.7. The Seller is responsible for delivering the Product subject to this Agreement to the Buyer or the person/organization at the address indicated by the Buyer, within thirty (30) days at the latest from the date of the order, through the Seller’s contracted cargo companies.

5.8. If the Product subject to the Agreement is to be delivered to a person/organization other than the Buyer, if the person/organization to be delivered does not accept the delivery or is not at the declared address, the Seller

The Buyer shall be deemed to have fulfilled its obligation fully and completely. For these reasons, the Buyer shall bear all kinds of damages arising from the Buyer receiving the product late, the expenses incurred while the product was waiting at the cargo company and/or the cargo was returned to the Seller.

5.9. In the event that the Products cannot be delivered to the Buyer or the person requested to be delivered within the specified period and/or in the promised manner due to the Buyer’s fault or negligence, the Seller cannot be held responsible.

5.10. The parties agree that another product of equal quality and price can be supplied to the Buyer provided that the following conditions are met by the Seller:

It is understood that the goods subject to the contract cannot be supplied for a justified reason.
The Buyer is informed in a clear and understandable manner and receives their approval.

5.11. In the event that the relevant bank or financial institution does not pay the Product price to the Seller after the delivery of the Product due to the unfair or illegal use of the Buyer’s credit card by unauthorized persons, the Buyer must return the product to the Seller within three (3) business days, provided that it has been delivered to them. In this case, the Seller will not bear the shipping costs.

5.12. For the delivery of the Product subject to the Contract, the price must be paid with the payment method offered on the Platform and preferred by the Buyer. The Buyer is free to choose any of the payment methods offered on the Platform. If the Product price is not paid for any reason or the bank payment is canceled after the Preliminary Information, which is an integral part of this Contract, is approved and the Contract is concluded, the Seller waives its obligation to deliver the Product until the Buyer pays the Product price and informs the Seller.

5.13 If the Seller cannot deliver the Product subject to the Contract within the due date due to force majeure, adverse weather conditions preventing delivery, interruption of transportation and other extraordinary circumstances, it will notify the Buyer of this situation. In this case, the Buyer may exercise one of the following rights: (i) cancellation of the order, (ii) replacement of the Product subject to the Contract with a similar one, if any, and/or (iii) postponement of the delivery period until the force majeure/preventive situation is eliminated. If the Buyer cancels the order, the total amount paid will be paid to the Buyer in cash and in a lump sum within fourteen (14) days. In payments made by the Buyer via credit card, the Product/s amount will be returned to the relevant bank within three (3) business days after the Buyer cancels the order. Since the reflection of this amount to the Buyer’s accounts after it is returned to the bank is entirely related to the bank transaction process, the Buyer knows and accepts that the Seller cannot intervene in any way for possible delays and that the Seller is not responsible for the time it will take for the amount returned to the credit card by the Seller to be reflected in the Buyer’s account by the bank.

5.14. The invoice to be issued by the Seller for each Product purchased will be sent to the open address specified by the Buyer.

5.15. The Buyer will check whether the Product specified in the Agreement has been delivered complete/without defects within seven (7) days following the purchase of the Product and if any deficiency is found, the Buyer will notify the Seller of the deficiency/fault in question. In this case, the Buyer may exercise one of the following rights: to have the defect in the Product corrected, to have the Product supplied/sent again when the Seller has the opportunity, or to withdraw from the Contract. If the Seller fails to correct the defect in the Product or to have the Product supplied/sent again within thirty (30) business days upon the Buyer’s request, the Buyer may exercise the right to withdraw from the Contract. However, if the correction of the defect in the Product or the resupply/sent of the Product creates significant difficulties for the Seller, the Buyer may not exercise these rights.

5.16. If the Buyer does not notify the Seller of any defect/deficiency within seven (7) days from the date the Product in question was sent to him/her, the Buyer shall accept that the Product was sent to him/her without defects.

5.17. The Seller cannot be held responsible for any numerical errors that may occur in product stocks or product prices due to technical reasons. The Seller reserves the right to withdraw from orders placed in this manner indefinitely. No request can be made from the Seller in this regard.

5.18. The Seller accepts and declares that it is aware that an upper limit may be determined on the product information page for products and/or products offered for sale at very low prices due to special pricing within the scope of the campaign to be carried out by the Seller and that orders and sales transactions above this upper limit may be canceled.

5.19. Special offers, promotions or discounts will be valid until the specified date or until stocks run out. The Seller has the authority to cancel orders in possible cases such as violation of system rules or system errors regarding special rights such as points and discounts given on the site. No request can be made from the Seller in this regard.

ARTICLE 6- RIGHT OF WITHDRAWAL

6.1. The Seller is not responsible for any legal obligations of the Buyer

and without assuming any criminal liability and without giving any justification, the right to withdraw from the Contract is present provided that the Product is returned to the Seller within fourteen (14) days from the date of receipt of the Product.

6.2. In order to exercise the right of withdrawal, the Buyer must notify the Seller that he/she has exercised this right in writing to the Seller’s MERKEZ MAH. SALİHAŞA CAD. NO: 15 I GAZİOSMANPAŞA/ İSTANBUL address or by e-mail to info@kahvesaati.com.tr. The Seller, who receives the notification that the right of withdrawal has been exercised, will confirm to the Buyer that he/she has received the relevant notification.

6.3. The Product must be returned to the Seller’s product return address specified in Article 1.1 or via the contracted cargo company specified by the Seller within ten (10) days from the date of receipt of the notice of withdrawal by the Seller. If the Product is sent back through the cargo companies that the Seller has an agreement with, the Buyer will not be held responsible for the costs related to the return.

6.4. The cargo fee for the products sent to the Seller without a notice of withdrawal will be covered by the Buyer. In this case, the Buyer knows and accepts that he/she will pay the cargo fee in question.

6.5. In payments made by the Buyer with a credit card, the Product price will be returned to the relevant bank within fourteen (14) days after the order is canceled by the Buyer. Since the reflection of this amount to the Buyer’s accounts after its return to the bank is related to the bank transaction process, the Buyer accepts in advance that the Seller will not be able to intervene in any way for possible delays and that it may take an average of two to three weeks for the amount returned to the credit card by the Seller to be reflected in the Buyer’s account. In payments made by credit card in installments / deferred payments, the bank’s rules regarding the relevant application will apply and the refund can be made by the bank in installments / deferred payments.

6.6. If the Buyer who uses the right of withdrawal has made the payment with a payment method other than payment by credit card, the Seller will not be held responsible for this delay in the refund due to reasons arising from the intermediary company that provided the payment method.

6.7. The Buyer returning the Product within the period is a prerequisite for exercising the right of withdrawal, and the Buyer will not be able to exercise the right of withdrawal if he does not return the Product.

6.8. The Buyer will be responsible for the changes and deteriorations that occur if he does not use the Product in accordance with its operation, technical specifications and instructions for use within the withdrawal period.

6.9. The Buyer accepts, declares and undertakes that he is aware that he will not be able to exercise the right of withdrawal in the cases specified in Article 15 of the Regulation and listed below.

a) Contracts regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller or provider.
b) Contracts regarding goods prepared in line with the wishes or personal needs of the consumer.
c) Contracts for the delivery of goods that are perishable or whose expiration date may be exceeded.

ç) Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; and whose return is not suitable for health and hygiene reasons.

d) Contracts for goods that are mixed with other products after delivery and cannot be separated by nature.

e) Contracts for books, digital content and computer consumables provided in a material medium if the protective elements such as packaging, tape, seal, package have been opened after delivery.

f) Contracts for the delivery of periodical publications such as newspapers and magazines, other than those provided within the scope of a subscription contract.

g) Contracts for accommodation, transportation of goods, car rental, food and beverage supply and the evaluation of free time for entertainment or resting purposes that must be performed on a specific date or period.

ğ) Contracts for services performed instantly in an electronic environment or intangible goods delivered to the consumer instantly.

h) Contracts for services whose performance begins with the approval of the consumer before the expiration of the right of withdrawal period.
j) Other goods and services that are considered outside the scope of distance selling in accordance with the relevant legislation.

ARTICLE 7 – APPLICABLE LAW AND AUTHORITY

7.1. This Agreement is subject to Turkish law.

7.2. In disputes that may arise from this Agreement, the Consumer Arbitration Committees in the place where the Buyer purchased the goods or where the Buyer resides, up to the value declared by the Ministry of Customs and Trade every December; Consumer Courts in the place of residence of the Buyer or Seller, in cases where there are none, the Civil Courts of First Instance in the place of residence of the Buyer or Seller are authorized.

7.3. In cases where the Buyer is not a Consumer, Istanbul Anatolian Courts and Enforcement Offices are authorized to resolve any disputes that may arise in relation to this Agreement.

ARTICLE 8- NOTIFICATION

8.1.A

The most up-to-date e-mail address and other contact addresses that the Buyer has notified or will notify the Seller shall be deemed as the legal notification address for all kinds of notifications to be made regarding this Agreement.

8.2. The Parties agree that if they do not notify the other Party of the changes in their current e-mail addresses and other contact addresses within three (3) days, the notifications to be made to the old e-mail addresses or the notifications and deliveries to be made to the other specified contact addresses shall be valid and shall be deemed to have been made to them.

8.3. Any notification made using the Buyer’s registered e-mail address shall be deemed to have reached the Buyer one (1) day after the e-mail is sent by the Seller.

ARTICLE 9 – DIVISIBILITY

9.1. If any provision of this Agreement is deemed unlawful, invalid or unenforceable, this part shall not be deemed a part of the Agreement within this framework and shall not affect the legality, validity and enforceability of the other provisions of the Agreement and the other provisions of the Agreement shall continue to be valid and effective, unless the application of this provision would eliminate the intentions and purposes of the parties in this Agreement.

9.2. This Agreement constitutes the entire agreement between the Parties regarding the subject matter of the Agreement and prevails over all previous agreements made between the Parties on the same subject.

ARTICLE 10 – ENFORCEMENT

10.1. All provisions of this Agreement have been read and accepted by the Buyer and the Seller; this Agreement has entered into force as of the date of electronic approval by the Buyer.

SELLER: FIRA TEXTILE ENERGY IMPORT EXPORT INDUSTRY AND FOREIGN TRADE LIMITED COMPANY

BUYER: {_aliciname_} {_alicisurname_}

Date: {_date_}