Distance Selling Agreement

Seller's Title: Dertex

Seller's Open Address: Atıcılar mah. 3.Cevizli Sk. No: 3/2 İç Kapı No: 1 BURSA

Seller's Mersis No:

Seller's Email Address: dertextile@gmail.com

Seller's Phone:

Buyer's Name/Surname:

Buyer's Address:

Buyer's Phone:

Buyer's E-Mail Address:

THE BUYER ACCEPTS THAT THEY HAVE READ, UNDERSTOOD, AND ARE AWARE OF THEIR RIGHTS AND OBLIGATIONS UNDER THE AGREEMENT.

THE PARTIES ACCEPT THAT THERE IS NO DISPROPORTION BETWEEN THE PERFORMANCES STIPULATED BY THE AGREEMENT AND THAT THE MUTUAL PERFORMANCES ARE SUITABLE FOR THE NATURE OF THE WORK, AND THAT THEY HAVE NO INEXPERIENCE WITHIN THE SCOPE OF THE TRANSACTIONS FALLING UNDER THE SUBJECT OF THE AGREEMENT.

THE BUYER ACCEPTS THAT THEY HAVE REACHED A FULL CONVICTION THAT THE TRANSACTIONS WITHIN THE SCOPE OF THE AGREEMENT ARE SUITABLE FOR THEIR OWN INTEREST AND THAT THEY WILL COMPLY WITH ALL CONDITIONS WITH THEIR OWN FREE WILL, WITHOUT BEING IN ANY DIFFICULTY OR DISTRESS, BY THINKING, WISHING, AND KNOWING.

THE PARTIES ACCEPT THAT THE PROVISIONS OF THE AGREEMENT DO NOT CARRY A FEATURE THAT CAN BE CONSIDERED AN UNFAIR TERM AND THAT THERE IS NO UNFAIRNESS IN TERMS OF THE BALANCE OF INTERESTS.

THE PROVISIONS OF THIS AGREEMENT DO NOT CONTAIN ANY UNFAIR TERMS PURSUANT TO THE PROVISIONS OF THE REGULATION ON UNFAIR TERMS IN CONSUMER CONTRACTS. THE PROVISIONS DO NOT CONSTITUTE A BREACH OF THE RULE OF HONESTY AND GOOD FAITH AND HAVE BEEN PREPARED IN ACCORDANCE WITH THE LEGISLATION ON THE PROTECTION OF CONSUMERS.

THE PROVISIONS OF THIS AGREEMENT HAVE BEEN PREPARED BY TAKING INTO CONSIDERATION THE PROVISIONS OF THE TURKISH CODE OF OBLIGATIONS. THE BINDINGNESS AND CONTENT CONTROL FORESEEN IN ARTICLE 21 OF THE TURKISH CODE OF OBLIGATIONS HAVE BEEN PERFORMED BY THE BUYER. NONE OF THE PROVISIONS OF THIS AGREEMENT BEAR A NATURE FOREIGN TO THE NATURE OF THIS AGREEMENT AND THE CHARACTERISTICS OF THE WORK (SURPRISING TERMS). THE PROVISIONS OF THIS AGREEMENT ARE WRITTEN IN A CLEAR AND UNDERSTANDABLE MANNER AND DO NOT EXPRESS MORE THAN ONE MEANING.

Product/Service Type: Product and/or service sale made by the Seller to the Buyer via the Website

Product Code and Name: [...]

Quantity: [...]

Unit Price (VAT included): [...]

Total product price excluding cargo:

Cargo Fee:

Total product price including cargo and all taxes:

Delivery Address:

Person to be Delivered:

The total product price specified above is collected from the Buyer by Dertex.

Carrier Company Information: Carrier companies worked with by the Seller ((Working Cargo Companies) - Cargo information to be sent will be automatically shown/sent to the customer.)

Delivery Address:

Person to be Delivered:

Unless the product subject to the agreement is a product prepared in line with the Buyer's requests or personal needs, it is delivered to the Buyer or the person/organization at the address indicated by the Buyer within the period explained in the preliminary information form, depending on the distance of the Buyer's place of residence, not exceeding the legal period of 30 (thirty) days.

To avoid any doubt, the delivery of the product(s) subject to this Agreement is conditional upon the electronic confirmation of this Agreement and the Preliminary Information Form by the Buyer and the full and complete payment of the price of the product(s) with the payment method preferred by the Buyer. If the product price is not paid for any reason, paid incompletely, or canceled in bank records, the Seller is deemed to be relieved of the obligation to deliver the product.

In cases where the performance of the goods or services subject to the order becomes impossible, the Seller shall notify the Buyer in writing or via a persistent data provider within 3 (three) days from the date they learn of this situation and shall return all payments collected, including delivery costs if any, to the Buyer within a maximum of 14 (fourteen) days from the date of notification.

The Buyer accepts, declares, and undertakes that they have read and been informed about the basic qualifications, sales price, payment method, delivery, and cargo cost of the goods or services subject to the Agreement on the Website, given the necessary confirmation in electronic environment, and are aware that they enter into a PAYMENT OBLIGATION by approving the order over the Website, purchased the product/service in electronic environment, and that the sales price will be collected from the credit card/debit card whose information they entered for the payment transaction.

By confirming this Agreement and the Preliminary Information Form in the electronic environment, the Buyer also confirms that they have accurately and completely obtained the address, basic features of the goods or services ordered, the 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.

If the relevant bank or financial institution does not pay the price of the goods or services to the Seller due to the unfair or unlawful use of the credit card belonging to the Buyer by unauthorized persons after the delivery of the goods or services, not resulting from the Buyer's fault, the Buyer is obliged to return the goods or services to the Seller within 3 (three) days, provided that it has been delivered to them. In this case, delivery expenses belong to the Buyer.

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

If the Buyer is not present at the address where they requested the delivery of the order, the order will definitely not be left at another address. In this case, the Buyer must accept the legal obligations arising from having placed an order at an address where they are not present.

If the product subject to the agreement is to be delivered to a person/organization other than the Buyer, the Seller cannot be held responsible for the refusal of the delivery by the person/organization to be delivered.

The Seller is responsible for the delivery of the product subject to the Agreement in a sound, complete manner, in compliance with the qualifications specified in the order. Provided that it is based on a justifiable reason, the Seller may supply goods or services of equal quality and price to the Buyer, provided that the period of performance obligation arising from the Agreement has not expired and the Buyer is informed and their explicit approval is obtained.

The electronic confirmation of this Agreement and the payment of the price of the order subject to the Agreement are prerequisites for the delivery of the product subject to the Agreement. If the product price is not paid for any reason or is canceled in bank records, the Seller is deemed to be relieved of the obligation to deliver the product under this Agreement.

The Seller is responsible for losses and damages occurring until the delivery of the goods to the Buyer or a third party determined by the Buyer other than the carrier. In the event that the Buyer requests the delivery of the goods with a carrier other than the carrier determined by the Seller, the Seller is not responsible for any loss or damage that may occur from the delivery of the goods to the relevant carrier.

The service offered by the Seller is directed to 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 Agreement has been established, in case of suspecting that the Buyer has a purpose of resale.

The Buyer must inspect the goods/services before taking delivery and must not take delivery of defective and damaged goods/services that can be detected by ordinary inspection from the Seller official or the cargo company. If the Buyer neglects to examine the goods and takes delivery, it shall be deemed accepted that the product is sound and undamaged.

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

Provided that it is based on a justifiable reason and the Buyer is informed and their explicit approval is obtained, the Seller may supply a different product of equal quality and price to the Buyer before the expiration of the performance obligation arising from the Agreement.

Without prejudice to other provisions set forth in the Agreement, the terms and conditions set forth under this article 8 shall apply only if the Buyer holds the status of consumer within the scope of the relevant legislation.

Right of withdrawal and its use for Buyers holding the status of consumer within the scope of Law No. 6502 on the Protection of Consumers and Regulation on Distance Contracts:

Pursuant to the relevant provisions of Law No. 6502 on the Protection of Consumers and Regulation on Distance Contracts;

Consumer Buyers have the right to withdraw from the contract within 14 (fourteen) days without giving any justification and without paying any penal clause, starting from the day the contract is established in contracts regarding service performance; and from the date the consumer receives the goods in distance contracts regarding goods sales. It is sufficient that the notification stating that the right of withdrawal has been exercised is directed to the Seller in writing or via a persistent data holder within this period. The contact information of the Seller to which the withdrawal notification can be made is as follows:

Pursuant to Article 15 of the Distance Sales Regulation, the consumer Buyer's right of withdrawal cannot be exercised in the following contracts:

(a) contracts for goods or services whose prices depend on fluctuations in financial markets and which are not under the control of the seller or provider,

(b) contracts for goods prepared in line with the consumer's requests or personal needs,

(c) contracts for the delivery of goods that can spoil quickly or whose expiration date may pass,

(ç) contracts for goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable in terms of health and hygiene,

(d) contracts for goods that mix with other products after delivery and cannot be separated by their nature,

(e) contracts for books, digital content, and computer consumables presented in material environment if protective elements such as packaging, tape, seal, package have been opened after delivery,

(f) contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement,

(g) contracts regarding leisure time evaluation made for accommodation, goods transportation, car rental, food and beverage supply, and entertainment or rest purposes, which must be made on a specific date or period,

(ğ) contracts for services performed instantly in electronic environment or intangible goods delivered instantly to the consumer, and

(h) contracts for services started to be performed with the approval of the consumer before the expiration of the right of withdrawal period.

Complaint and objection procedure for Buyers holding the status of consumer within the scope of Law No. 6502 on the Protection of Consumers and Regulation on Distance Contracts:

All kinds of complaints and objections arising from this Agreement can be made to the Consumer Problems Arbitration Committee or Consumer Court in the place where the Buyer resides or where the consumer transaction is made, according to the monetary limits determined by the Ministry of Trade every year in December.

The Buyer accepts and declares that all rights arising from the Law on Intellectual and Artistic Works (FSEK) regarding the special design techniques, texture, pattern, layout, drawing, design elements (icon, button, etc.), styles, gradient and solid color tones used in the designs of the products produced by the Seller, as well as all kinds of graphic designs, illustrations, drawings, designs, and elements used in the design of works and all products offered for sale on the Website, belong to the Seller.

Regarding all kinds of information and content on the Website and their arrangement, revision, and partial/complete use; except for those belonging to other third parties according to the Seller's agreement; all intellectual-industrial property rights and ownership rights belong to the Seller. All, part, and/or any information, software, or service obtained from the product/products purchased by the Buyer cannot be modified, copied, distributed, reproduced, published, subjected to derivative works, transferred, or sold. The Buyer accepts and undertakes that they will not use the product they purchased with this Agreement for illegal purposes and/or in these prohibited ways. Otherwise, all legal and criminal liability that may arise belongs to the Buyer, and against all claims and demands that may be brought against the Seller by third parties or authorized authorities, the Seller's right to claim all kinds of compensation and other demands arising from such unauthorized use is reserved.

The Seller may transfer its rights and obligations arising from this Agreement to third parties without the approval of the Buyer. The Buyer cannot transfer their rights and obligations arising from this Agreement to third parties without the approval of the Seller.

The Buyer accepts that in disputes that may arise within the scope of this Agreement, the electronic records and system records, commercial records, ledger records, microfilm, microfiche, and computer records kept by the Seller in its own database or servers will constitute valid, binding, definitive, and exclusive evidence; that this exempts the Seller from offering an oath, and that this article is in the nature of an evidence contract within the meaning of Article 193 of the Code of Civil Procedure.

The occurrence of events beyond the control of the Parties that prevent and/or delay the fulfillment of their obligations undertaken by this Agreement without any fault or negligence of the relevant Party shall be considered as a force majeure state. (Examples include strikes, lockouts, war whether declared or not, civil wars, terrorist acts, earthquakes, fires, floods, similar natural disasters, legislative and administrative actions of any official authority provided that they do not stem from the inadequacy of either Party, technical failures and delays regarding failures and delays originating from other service providers providing internet connection, and similar situations). The Parties shall not be held responsible for failing to fulfill their obligations fully or on time in situations including these and similar events that are beyond their control and cannot be reasonably foreseen. The Party whose obligations are affected by any force majeure event shall notify the other Party in writing of such situation as soon as possible and deliver a document substantiating the force majeure event issued by an authorized person or institution to the other Party as soon as possible.

This Agreement has been concluded and entered into force by being approved electronically by the Buyer on the date it is approved online. Transactions made over the Website are considered as binding declarations of will for the parties in accordance with the Turkish Code of Obligations, consumer legislation, and other applicable legislation.

This text of the Agreement will be sent via e-mail to the e-mail address communicated by the Seller immediately after its approval and will be stored by the Seller for 3 (three) years. When the Buyer wishes, they can apply by sending a request to the e-mail address info@dertextile.com.tr and request access to the copy of this Agreement from the Seller.