Distance Sales Agreement

DISTANCE SALES CONTRACT

1. PARTIES

This Distance Sales Agreement (“ Agreement ”) is a Private Company of Uygar Necat Özdabakoğlu, operating at the address of Altunizde Mahallesi Atıf Bey Sokak No: 30 Kapı No: 14 Üsküdar/İstanbul.
(“ Seller ”) and the person who purchased the services/products through the website named info@cinciya.com (“ Buyer ”) have signed an electronic environment between the Seller and the Buyer whose information is given below.

The Parties accept, declare and undertake that they have read this Agreement in its entirety, fully understood its content and approved all its provisions.

SALES PERSON:

Seller's Title: Uygar Necat Özdabakoğlu Private Company
Seller's Full Address: Altunizde Neighborhood Atıf Bey Street No: 30 Door No: 14 Üsküdar/İstanbul
Seller Central Registry Number: 

Seller's Email Address: info@cinciya.com

Seller Phone:

BUYER:
Recipient's Name/Surname:
Recipient's Address:
Buyer's Phone:
Recipient's Email Address:

Seller and Buyer shall be referred to individually as " Party " and together as " Parties ".

By purchasing products and services from the Seller, the Buyer acknowledges, represents, and undertakes that they have read this Agreement in its entirety, fully understand its contents, and accept all its provisions. Similarly, the Seller represents and undertakes the following to the Seller. Therefore, the Buyer guarantees the accuracy of the information provided by the Buyer when purchasing the service.

1. ESTABLISHMENT OF THE CONTRACT

• THE BUYER ACCEPT THAT HE HAS READ THE CONTRACT, UNDERSTAND IT AND IS AWARE OF HIS RIGHTS AND LIABILITIES.
• THE PARTIES ACCEPT THAT THERE IS NO DISPROPORTION BETWEEN THE ACTIONS AGREED IN THE CONTRACT, THAT THE MUTUAL ACTIONS ARE SUITABLE FOR THE NATURE OF THE JOB, AND THAT THEY DO NOT HAVE ANY LACK OF EXPERIENCE WITH REGARDS TO THE TRANSACTIONS COVERED BY THE CONTRACT.
• THE BUYER AGREES THAT HE HAS FULLY CONSIDERED THAT THE TRANSACTIONS CONTAINED WITHIN THE SCOPE OF THE AGREEMENT ARE IN HIS OWN INTEREST AND THAT HE WILL COMPLY WITH ALL THE CONDITIONS WITH HIS OWN FREE WILL, WITHOUT ANY DIFFICULTY OR TROUBLE, CONSIDERINGLY, WILLINGLY AND KNOWINGLY.
• THE PARTIES AGREE THAT THE CONTRACTUAL PROVISIONS DO NOT CONSTITUTE AN UNFAIR TERMS AND THAT THERE IS NO INJUSTICE IN TERMS OF THE BALANCE OF INTERESTS.
• THE PROVISIONS OF THIS AGREEMENT DO NOT CONTAIN ANY UNFAIR TERMS IN ACCORDANCE WITH THE PROVISIONS OF THE REGULATION ON UNFAIR TERMS IN CONSUMER CONTRACTS. THE PROVISIONS DO NOT CONSTITUTE A VIOLATION OF THE RULES OF HONESTY AND GOOD FAITH AND HAVE BEEN PREPARED IN ACCORDANCE WITH THE LEGISLATION ON THE PROTECTION OF CONSUMER.
• THE PROVISIONS OF THIS AGREEMENT HAVE BEEN PREPARED TAKING INTO ACCOUNT THE PROVISIONS OF THE TURKISH CODE OF OBLIGATIONS. THE BINDING AND CONTENT AUDITING SET FORTH IN ARTICLE 21 OF THE TURKISH CODE OF OBLIGATIONS HAS BEEN CARRIED OUT BY THE BUYER. NONE OF THE PROVISIONS OF THIS AGREEMENT ARE FOREIGN (CONFUSING TERMS) TO THE NATURE OF THIS AGREEMENT AND THE SPECIFICITY OF THE WORK. THE PROVISIONS OF THIS AGREEMENT ARE WRITTEN IN A CLEAR AND UNDERSTANDABLE MANNER AND DO NOT EXPRESS MULTIPLE MEANINGS.

1. SUBJECT AND SCOPE OF THE AGREEMENT

The subject of this Agreement consists of determining the rights and obligations of the Parties in accordance with the Consumer Protection Law No. 6502 and the Distance Contracts Regulation regarding the sale and delivery of the product, the features and sales price of which are specified below , which the Buyer ordered electronically through the Seller's website www.cinciya.com ("Site").

1. BASIC CHARACTERISTICS OF THE GOODS OR SERVICES SUBJECT TO THE CONTRACT

The basic characteristics, sales price, delivery and payment terms of the product subject to this Agreement are as follows:

Product/Service Type: Product and/or service sales made by the Buyer to the Buyer through the Site.

PAYMENT AND DELIVERY TERMS

Total product price excluding shipping:

Shipping Fee:

Total product price including shipping and all taxes:

Delivery Address:

Person to be Delivered:

The total product price stated above is collected from the Buyer by Uygar Necat Özdabakoğlu Private Company.

Delivery conditions of the contractual product/service:

Carrier Company Information: Carrier companies that the Seller works with (Kolay Gelsin, HepsiJet, Yurtiçi Kargo, Aras Kargo and UPS Kargo - The cargo information to be sent will be automatically displayed/sent to the customer.)

Delivery Address:

Person to be Delivered:

1. DELIVERY

The product subject to the contract will be delivered to the Buyer or the person/organization at the address specified by the Buyer within the period specified in the preliminary information form depending on the distance of the Buyer's place of residence for each product, provided that it does not exceed the legal 30 (thirty) day period, unless the product is prepared in line with the Buyer's request or personal needs.

For the avoidance of doubt, delivery of the product(s) subject to this Agreement requires that this Agreement and the Preliminary Information Form be electronically confirmed by the Buyer, and the price of the product(s) be paid in full using the Buyer's preferred payment method. If, for any reason, the product price is not paid, is paid incompletely, or the payment is cancelled in bank records, the Seller is deemed to be relieved of its obligation to deliver the product.

In cases where the fulfillment of the ordered goods or services becomes impossible, the Seller shall notify the Buyer in writing or via a permanent data provider within 3 (three) days from the date of learning about this situation and shall refund all payments collected, including delivery costs, if any, to the Buyer within 14 (fourteen) days from the date of notification.

1. BUYER'S DECLARATIONS AND COMMITMENTS

The Buyer accepts, declares and undertakes that he/she has read and is informed of the preliminary information uploaded by the Seller regarding the basic characteristics, sales price, payment method, delivery and cargo cost of the goods or services subject to the Agreement on the Site, that he/she has given the necessary confirmation electronically and that he/she is aware of the PAYMENT OBLIGATION by confirming the order on the Site, that he/she has purchased the product/service electronically, and that the sales price will be collected from the credit card/debit card whose information he/she has entered for the payment transaction.

By confirming this Agreement and the Preliminary Information Form electronically, the Buyer confirms that he/she has obtained the address, basic features of the ordered goods or services, price of the goods or services including taxes, payment and delivery and delivery price information that must be given to the Buyer by the Seller before the conclusion of distance contracts, accurately and completely.

If the relevant bank or financial institution fails to pay the price of the goods or services to the Seller due to the unfair or illegal use of the Buyer's credit card by unauthorized persons, not due to the Buyer's fault, after the delivery of the goods or services, the Buyer is obligated to return the goods or services to the Seller within 3 (three) days, provided that they have been delivered to the Buyer. In this case, the delivery costs are the responsibility of the Buyer.

If the goods or services subject to the contract are to be delivered to a person other than the Buyer, the Seller cannot be held responsible if the person to whom the delivery is made does not accept the delivery.

If the Buyer is not present at the requested address, the order will not be delivered to another address. In this case, the Buyer is obligated to accept any legal obligations arising from placing an order at an address where the Buyer is not present.

If the product subject to the contract is to be delivered to a person/organization other than the Buyer, the Seller cannot be held responsible if the person/organization to whom the product is to be delivered does not accept the delivery.

The Seller is responsible for delivering the product subject to the Contract in good condition, complete, and in accordance with the specifications specified in the order. Provided that the Seller has a justified reason, it may supply goods or services of equal quality and price to the Buyer before the expiration of its performance obligations arising from the Contract, and provided that the Buyer is informed and expressly consented to.

Delivery of the product subject to this Agreement requires electronic confirmation of this Agreement and payment of the order price. If, for any reason, the product price is not paid or is cancelled in bank records, the Seller is deemed to be relieved of its obligation to deliver the product under this Agreement.

The Seller is responsible for any loss or damage that may occur until the goods are delivered to the Buyer or a third party designated by the Buyer other than the carrier. If the Buyer requests that the goods be shipped by a carrier other than the carrier designated by the Seller, the Seller is not responsible for any loss or damage that may occur after the goods are delivered to the relevant carrier.

The service offered by the Seller is for the end user within the scope of retail sales; the Seller reserves the right to cancel the order and not deliver the products even if this Contract has been established, if the Seller suspects that the Buyer has resale purposes.

The Buyer must inspect the product before accepting it. Any defective or damaged product, detectable through regular inspection, should not be accepted by the Seller or the courier company. If the Buyer neglects to inspect the product and accepts it, they are deemed to have accepted that the product is intact and undamaged.

1. SELLER'S DECLARATIONS AND COMMITMENTS

The Seller is responsible for delivering the goods or services subject to the Contract to the Buyer in accordance with consumer legislation, intact, complete, in accordance with the specifications specified in the order and with warranty documents and user manuals, if any.

The Seller may supply the Buyer with a different product of equal quality and price before the expiration of the performance obligation arising from the Contract, provided that it is based on a justified reason and informs the Buyer and obtains his express approval.

1. BUYER'S RIGHT OF WITHDRAWAL

Without prejudice to the other provisions set out in the Agreement, the terms and conditions set out under this Article 8 shall only be valid if the Buyer has the status of a consumer within the scope of the relevant legislation.

Right of withdrawal and its use for Buyers who are consumers within the scope of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation:

In accordance with the relevant provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation;

The Consumer Buyer has the right to withdraw from the contract, without giving any reason or paying any penalty, within 14 (fourteen) days from the date of the contract's conclusion for contracts related to the performance of services, and within 14 (fourteen) days from the date of receipt of the goods for distance contracts related to the sale of goods. It is sufficient for the Seller to be notified of the exercise of the right of withdrawal within this period, either in writing or via permanent data storage. The Seller's contact information for the withdrawal notification is as follows:

Full Address: Altunizade Neighborhood, Atıf Bey Street, No: 30, Door No: 14, Üsküdar/İstanbul

Email: info@cinciya.com

The consumer Buyer will be informed after the notification regarding the exercise of the right of withdrawal reaches the Seller.

The Seller shall refund to the consumer Buyer all payments made by the consumer Buyer to the Seller for the relevant goods or services, including the delivery costs of the goods to the consumer Buyer, if any, in a one-time manner, in accordance with the payment instrument used during the purchase and without imposing any cost or liability on the consumer, within 14 (fourteen) days from the date on which the notification of the consumer Buyer exercising his right of withdrawal is received.

If the consumer Buyer exercises their right of withdrawal, the Seller's designated cargo company for returning the product is Kolay Gelsen or Yurtiçi Kargo, with which the Company has a contract. If the right of withdrawal is exercised and the goods are returned via the cargo company specified herein, the consumer Buyer will not be held responsible for the costs of return. If the consumer Buyer sends the returned goods with a cargo company other than the Seller's contracted cargo company specified in this Agreement, the Seller is not responsible for the return shipping costs or any damage the goods may incur during the shipping process. If the contracted cargo company for returns does not have a branch in the consumer Buyer's location, the Seller is obligated to ensure that the returned goods are collected from the consumer without any additional charge.

The Consumer Buyer must return the goods to the Seller within 10 (ten) days from the date of notification of the Consumer Buyer's exercise of the right of withdrawal. The returned goods must also be returned to the Seller complete and undamaged, along with the invoice, box, packaging, standard accessories (if any), and any other gifts received as a gift in connection with the purchase of the goods. The Consumer Buyer must use the goods in accordance with their operation, technical specifications, and usage instructions during the withdrawal period; otherwise, the Consumer Buyer is responsible for any changes or deterioration that occur to the goods.

Since the refund of order amounts paid via bank accounts or credit cards and their reflection in the consumer Buyer's account are entirely related to the bank transaction process, the Seller cannot intervene in any way in case of any possible delays. Therefore, it may take a long time for the amount refunded to the consumer Buyer's bank account or credit card to be reflected in the consumer Buyer's account or credit card.

Pursuant to Article 15 of the Distance Selling Regulation, the consumer Buyer's right of withdrawal; (a) regarding goods or services whose prices change depending on the fluctuations in the financial markets and are not under the control of the seller or provider, (b) regarding goods prepared in line with the wishes or personal needs of the consumer, (c) regarding the delivery of goods that are perishable or whose expiry date has passed, (ç) regarding goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; (d) goods that are mixed with other products after delivery and cannot be separated by their nature, (e) books, digital content and computer consumables presented in tangible form if protective elements such as packaging, tape, seal and package have been opened after delivery of the goods, ( f) periodical publications such as newspapers and magazines other than those provided within the scope of a subscription agreement, (g) accommodation, goods transportation, car rental, food and beverage supply and utilization of spare time for entertainment or rest that must be done on a specific date or period, (ğ) services performed instantly in electronic media or intangible goods delivered instantly to the consumer, and (h) services that begin to be performed with the consumer’s approval before the expiration of the right of withdrawal period, and the consumer Buyer cannot exercise the right of withdrawal within the scope of these contracts.

Complaint and objection procedure for Buyers who are consumers within the scope of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation:

Any complaints and objections arising from this Agreement may be made to the Consumer Problems Arbitration Committee or Consumer Court at the place where the Buyer is located or where the consumer transaction is made, in accordance with the monetary limits determined by the Ministry of Trade in December each year.

1. SELLER'S RESOLUTION METHOD FOR COMPLAINTS

The Buyer may submit complaints regarding the purchased goods and/or services directly to the Seller (using the Seller's contact addresses specified above under the Parties heading). If a complaint is submitted, the Seller will provide all possible support to resolve the issue.

1. EVENT OF DEFAULT AND ITS LEGAL CONSEQUENCES

If the Buyer defaults on credit card transactions, the cardholder will be liable to the bank under the credit card agreement it has with the bank. In such cases, the bank may take legal action and claim any costs and attorney fees from the Buyer. In any event, the Buyer will be liable for any and all losses and damages incurred by the Seller in the event of default.

1. INTELLECTUAL PROPERTY

The Buyer acknowledges and declares that all rights arising from the Law on Intellectual and Artistic Works (FSEK) of the special design techniques, textures, patterns, designs, drawings, design elements (icons, buttons, etc.), styles, gradients and solid color tones, and all kinds of graphic designs, illustrations, drawings, designs and elements used in the design of the works and all products offered for sale on the Site belong to the Seller.

All intellectual property rights and proprietary rights regarding all information and content on the Site, including their organization, revision, and partial/full use, excluding those belonging to third parties as agreed upon by the Seller, belong to the Seller. All or part of the product(s) purchased by the Buyer, and/or any information, software, or service obtained from the product(s), may not be modified, copied, distributed, reproduced, published, used as derivative works, transferred, or sold. The Buyer hereby acknowledges and undertakes not to use the purchased product for illegal purposes and/or in such prohibited ways. Otherwise, all legal and criminal liability that may arise belongs to the Buyer. The Seller reserves the right to claim compensation and other claims arising from such unauthorized use, including all claims and demands that may be brought against the Seller by third parties or authorized authorities.

1. DISPUTE RESOLUTION

Any complaints and objections arising from this Agreement may be made to the Consumer Problems Arbitration Committee or Consumer Court at the place where the Buyer is located or where the consumer transaction is made, in accordance with the monetary limits determined by the Ministry of Trade in December each year.

1. OTHER PROVISIONS

The Seller may transfer its rights and obligations arising from this Agreement to third parties without the Buyer's consent. The Buyer may not transfer its rights and obligations arising from this Agreement to third parties without the Seller's consent.

The Buyer accepts that, in disputes that may arise under this Agreement, the electronic records and system records, commercial records, book records, microfilm, microfiche and computer records kept by the Seller in its own database or servers shall constitute valid, binding, definitive and exclusive evidence; that it is exempt from the offer of an oath to the Seller and that this article constitutes an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure.

Force majeure is defined as the occurrence of circumstances beyond the Parties' control that prevent and/or delay the performance of the obligations undertaken under this Agreement without any fault or negligence on the part of the relevant Party. (For example, strikes, lockouts, declared or undeclared wars, civil wars, acts of terrorism, earthquakes, fires, floods, and similar natural disasters; legislative and administrative acts of any official authority, provided that they are not due to the inability of either Party; technical malfunctions and delays arising from other service providers providing internet connection; and similar circumstances.) The Parties shall not be held liable for failure to fully or timely fulfill their obligations in the event of such events, including those beyond their control and those that they could not reasonably foresee. The Party whose obligations are affected by any force majeure shall notify the other Party in writing of such situation as soon as possible and shall deliver to the other Party a document documenting the force majeure event issued by an authorized person or institution as soon as possible.

1. FORCE

This Agreement is concluded and entered into force upon the date it is approved online by the Buyer through electronic means. Transactions made through the Site are considered binding declarations of intent between the parties in accordance with the Turkish Code of Obligations, consumer legislation, and other applicable legislation.

The text of this Agreement will be sent via e-mail to the e-mail address provided by the Seller immediately after its approval and will be kept by the Seller for a period of three (3) years. The Buyer may request access to a copy of this Agreement from the Seller by submitting a request to info@cinciya.com .