DISTANCE SALES AGREEMENT

1. PARTIES

This Agreement has been executed between the following parties under the terms and conditions set forth below.

A. "BUYER"

(hereinafter referred to as the "BUYER" in the Agreement)

• AUTHORIZED REPRESENTATIVE:
• COMPANY NAME:
• TAX IDENTIFICATION NUMBER:
• COMPANY ADDRESS:
• PHONE NUMBER:

B. "SELLER"

(hereinafter referred to as the "SELLER" in the Agreement)

• COMPANY NAME: Teklifz Teknoloji
• ADDRESS: ÇİNİK MAH. İNCİ SK. NO: 10 TEKKEKÖY / SAMSUN
• TAX IDENTIFICATION NUMBER: 4780717490
• TAX OFFICE: 19 MAYIS
• PHONE NUMBER: 0362 606 05 60

By accepting this Agreement, the BUYER acknowledges in advance that if the order subject to the Agreement is approved, the BUYER will be obligated to pay the price of the order and any additional costs such as shipping fees and taxes, if applicable, and has been informed accordingly.

2. DEFINITIONS

For the purposes of the implementation and interpretation of this Agreement, the terms listed below shall have the meanings set forth opposite them:

• MINISTER: Refers to the Minister of Customs and Trade.
• MINISTRY: Refers to the Ministry of Customs and Trade.
• LAW: Refers to Law No. 6502 on the Protection of Consumers.
• REGULATION: Refers to the Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188).
• SERVICE: Refers to any consumer transaction other than the provision of goods, performed or promised to be performed in exchange for a fee or benefit.
• SELLER: Refers to the company that offers goods to consumers as part of its commercial or professional activities, or acts on behalf of or for the account of the party offering the goods.
• BUYER: Refers to the natural or legal person who acquires, uses, or benefits from a good or service for purposes not related to commercial or professional activities.
• PACKAGE: Refers to the designation given to different services offered by the SELLER.
• WEBSITE: Refers to the website owned by the SELLER.
• ORDER PLACER: Refers to the natural or legal person who requests a good or service through the SELLER's website.
• PARTIES: Refers to the SELLER and the BUYER.
• AGREEMENT: Refers to this contract concluded between the SELLER and the BUYER.
• GOOD: Refers to movable goods subject to trade and intangible assets such as software, sound, images, and similar digital content prepared for use in an electronic environment.

3. SUBJECT

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

The listed and announced prices on the website are the sales prices. The announced prices and commitments remain valid until updated or changed. Prices announced for a limited time remain valid until the specified period ends.

4. SELLER INFORMATION

• Company Name: Teklifz Teknoloji
• Address: Çinik Mah. İnci Sk. No: 10 Tekkeköy / Samsun
• Phone: 0362 606 05 60
• Email: [email protected]

5. BUYER INFORMATION

• Full Name:
• Company Name:
• Address:
• Phone:
• Email/Username:

6. PRODUCT/SERVICE INFORMATION SUBJECT TO THE AGREEMENT

6.1. Essential Characteristics

The essential characteristics of the goods/products/services (type, quantity, brand/model, color, number) are published on the SELLER's website. If a campaign is organized by the SELLER, you can review the basic features of the relevant product during the campaign period. The campaign is valid until the specified date.

6.2. Price Information

The listed and announced prices on the website are the sales prices. The announced prices and commitments remain valid until updated or changed. Prices announced for a limited time remain valid until the specified period ends.

6.3. Total Price Including All Taxes

• Payment Method and Plan: Full Payment (Service Fee)
• Delivery Address:
• Recipient:
• Recipient's Email Address:
• Recipient's Phone Number:
• Billing Address:
• Order Date:
• Delivery Date:

7. INVOICE INFORMATION

• Company Name:
• Address:
• Phone:
• Email/Username:
• VAT Number:

Invoice Delivery: The invoice will be sent to the BUYER's email address as an E-Archive invoice.

8. GENERAL PROVISIONS

8.1. Pre-Information and Confirmation

The BUYER agrees, declares, and undertakes that they have read and understood the basic characteristics of the service, the sale price, payment terms, and delivery information about the service, as presented on the SELLER's website, and have given the necessary confirmation electronically. The BUYER also agrees, declares, and undertakes that they have obtained the address, the basic features of the service ordered, the price including taxes, and the payment and delivery information as required by the SELLER before the distance selling contract is concluded.

8.2. Delivery Period

Each service under this Agreement will be delivered to the BUYER or the person and/or organization designated by the BUYER at the address indicated on the website within the period specified in the preliminary information on the website, depending on the BUYER's place of residence, without exceeding the legal period of 30 days. If the service cannot be delivered to the BUYER within this period, the BUYER reserves the right to cancel the agreement.

8.3. SELLER's Obligations

The SELLER agrees, declares, and undertakes to deliver the service in accordance with the specifications mentioned in the order, without any deficiencies, and with the necessary warranty certificates, user manuals, and required information and documents. The SELLER commits to fulfilling the work with accuracy and honesty, in accordance with legal regulations and standards, maintaining and improving service quality, and exercising necessary care and caution during the execution of the work.

8.4. Obligations in Case of Impossibility

If the SELLER cannot fulfill their obligations due to the impossibility of delivering the ordered service or product, the SELLER agrees, declares, and undertakes to notify the BUYER in writing within 3 days from the date they become aware of this situation and refund the total amount to the BUYER within 14 days.

8.5. Payment and Delivery Obligations

The BUYER agrees, declares, and undertakes that they will confirm the Agreement electronically for the delivery of the service. In the event that the service fee is not paid and/or the payment is canceled in the bank records, the SELLER will no longer be obligated to deliver the product and will suspend the BUYER's membership. The BUYER will not be able to use the service further.

8.6. Fraudulent Credit Card Use

If, after the delivery of the service or product to the BUYER or the person/organization designated by the BUYER, the BUYER's credit card is fraudulently used by unauthorized individuals and the payment is not made by the related bank or financial institution to the SELLER, the BUYER agrees, declares, and undertakes to return the service to the SELLER. The service will then be suspended by the SELLER to prevent further transactions.

8.7. Force Majeure

In cases of force majeure, including unforeseen events beyond the control of the parties, which prevent or delay the fulfillment of obligations under this agreement, the SELLER agrees, declares, and undertakes to inform the BUYER of the situation. The BUYER has the right to request the cancellation of the order, the replacement of the service with a similar one, or the postponement of the delivery until the obstacle is removed. In case the BUYER cancels the order, the amount paid in cash will be refunded within 14 days. For credit card payments, the amount will be refunded to the relevant bank within 14 days after the order is canceled. The BUYER accepts, declares, and undertakes that the average process for the refund to appear in their account may take up to 3 weeks and that any delays in this process are the responsibility of the bank, not the SELLER.

8.8. Communication and Marketing

The SELLER has the right to communicate with the BUYER via the address, email address, fixed and mobile phone lines, and other contact information provided by the BUYER in the registration form on the website or later updated by the BUYER, through letters, emails, SMS, phone calls, and other means for communication, marketing, notifications, and other purposes. The BUYER accepts and declares that they allow the SELLER to perform these communication activities.

8.9. Delivery and Inspection

The BUYER will inspect the product/service before receiving it and will not accept any damaged or defective product/service, such as crushed, broken, or torn packaging. The product/service will be considered accepted once delivered without objection. After delivery, it is the BUYER's responsibility to take care of and protect the product/service. If the right of withdrawal is to be exercised, the product/service should not be used. The invoice should not be used.

8.10. Credit Card Security

If the credit card holder used during the order is not the same person as the BUYER or if a security issue is detected in the credit card before the delivery of the product, the SELLER may request from the BUYER the identification and contact information of the cardholder, the credit card statement from the previous month, or a letter from the bank confirming the card's ownership. The order will be suspended until the requested information/documents are provided. If the requested documents are not provided within 24 hours, the SELLER has the right to cancel the order.

8.11. Accuracy of Information

The BUYER agrees and undertakes that the personal and other information provided when registering on the SELLER's website is accurate. The BUYER will indemnify the SELLER for any damages caused by the falsehood of this information immediately, in cash, and in full upon the SELLER's first notification.

8.12. Compliance with Legal Regulations

The BUYER agrees and undertakes to comply with the provisions of applicable laws when using the SELLER's website. Otherwise, all legal and penal liabilities arising will be solely and exclusively the responsibility of the BUYER.

8.13. Website Usage

The BUYER shall not use the SELLER's website for any unlawful purpose, such as disturbing public order, violating general moral principles, or infringing the rights of others, including both material and moral rights. Additionally, the BUYER shall not engage in activities (such as spam, viruses, trojans, etc.) that prevent or complicate other users from using the services.

8.14. Links

Links may be provided on the SELLER's website to other websites and/or content owned or operated by third parties, which are not under the control of the SELLER. These links are provided for the convenience of the BUYER and do not indicate any support for or guarantee regarding the content of the linked websites.

8.15. Violation and Liability

The member who violates one or more of the items listed in this contract shall be personally liable for the legal and penal consequences of this violation and shall hold the SELLER harmless from these legal and penal results. Additionally, in the event that this violation is brought to the legal domain, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.

8.16. Subscription Period and Cancellation

The product/service fee paid by the BUYER within this agreement represents the sales price, including all taxes, for the product/service subject to the contract, which corresponds to a one-year (365-day) service fee. If the BUYER does not cancel the 365-day subscription service by the next billing day, the BUYER will have purchased the service for an additional year. The BUYER shall be considered to have continued using the service during the period they have subscribed, provided they do not cancel the subscription, and no refund can be requested.

9. RIGHT OF WITHDRAWAL

9.1. Exercise of Right of Withdrawal

In the case of distance contracts related to the sale of goods, the BUYER may exercise their right to withdraw from the contract within 14 (fourteen) days from the delivery date of the product to them or the person/entity they designated, without any legal or penal responsibility and without any reason, by notifying the SELLER. In distance contracts related to services, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the service has commenced with the consumer's approval before the withdrawal period ends.

9.2. Conditions for Exercising Right of Withdrawal

To exercise the right of withdrawal, the BUYER must notify the SELLER in writing via registered mail, fax, or email within the 14-day period, and the product must not have been used as defined under the "Products for Which the Right of Withdrawal Cannot Be Used" section of this agreement. In this case, the following conditions apply:

1. The invoice of the product delivered to a third party or the BUYER must be provided. (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution. Corporate order returns cannot be completed without issuing a return invoice.)
2. The service to be returned must not have been used or received by the BUYER.
3. The SELLER is obligated to return the total amount and any documents binding the BUYER within 10 days from the receipt of the withdrawal notice and to accept the return of the product within 20 days.
4. If the return is impossible due to the fault of the BUYER, the BUYER is obliged to compensate the SELLER for any damages caused by this fault. However, the BUYER is not responsible for any changes or damages caused by the proper use of the product or service within the withdrawal period.
5. If the right of withdrawal is exercised, any discount obtained through a campaign will be canceled if the total amount falls below the campaign limit.

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

The right of withdrawal cannot be exercised for products that are:

• - Requested by the BUYER or products that cannot be returned after being opened, including subscription services
• - Products related to periodicals
• - Electronic services or digital content delivered instantly online
• - Software programs, data storage devices, and consumables whose packaging has been opened by the BUYER

Furthermore, in service contracts where the service has commenced with the BUYER's consent before the withdrawal period ends, the right of withdrawal cannot be exercised according to regulations.

11. DEFAULT AND LEGAL CONSEQUENCES

If the BUYER defaults on payments made by credit card, they acknowledge and agree that they will be liable for interest and any fees as per their agreement with the bank. The relevant bank may take legal action and demand costs and attorney fees from the BUYER. In any case, if the BUYER defaults on payment, the SELLER reserves the right to claim damages caused by the delay in payment.

12. JURISDICTION

Turkish Law shall apply to the interpretation and enforcement of this agreement, as well as to any disputes arising from or related to the website. In case of any dispute, the Samsun Courts and Enforcement Offices shall have exclusive jurisdiction.

13. EFFECTIVENESS

The BUYER is deemed to have accepted all the terms of this agreement when they make a payment for the order placed on the website. The SELLER is responsible for ensuring the necessary software arrangements are made to obtain the BUYER's confirmation that the agreement has been read and accepted before the order is processed.

14. SPECIAL PROVISIONS FOR INTERNATIONAL SERVICE SALES

Turkish law shall apply to any disputes arising from or related to this agreement. For international buyers in the consumer status, Turkish Consumer Law shall apply, provided it does not conflict with the public order regulations of the buyer's country. The parties agree that the Samsun Courts of the Republic of Turkey shall have jurisdiction for resolving disputes.

The service will be activated instantly in digital form (through the website/panel) when the BUYER completes the order and confirms the payment. The right of withdrawal can only be exercised if the service has not started. Once the service has commenced or the digital content has been delivered, the right of withdrawal cannot be exercised.

In cases such as digital infrastructure outages, cyberattacks, changes in legal regulations, or international sanctions, the SELLER reserves the right to suspend or delay the service.