Distance Sales Contract

1. PARTIES

This Agreement has been established electronically between the parties listed below within the framework of the terms and conditions specified below.

A. ‘BUYER’; (hereinafter referred to as “BUYER” in the agreement)

NAME – SURNAME:
ADDRESS:

B. ‘SELLER’; (hereinafter referred to as “SELLER” in the agreement)

NAME – SURNAME:
ADDRESS:

By accepting this agreement, the BUYER acknowledges in advance that if the BUYER approves the order subject to the agreement, they will be obliged to pay the price of the order, including shipping fees and any additional fees such as taxes, if applicable, and that they have been informed about this matter.

2. DEFINITIONS

In the implementation and interpretation of this agreement, the following terms shall have the meanings indicated next to them.

MINISTER: The Minister of Trade,

MINISTRY: The Ministry of Trade,

LAW: The Law on Consumer Protection,

REGULATION: The Regulation on Distance Contracts,

SERVICE: Any consumer transaction other than the provision of goods, performed or undertaken to be performed in return for a fee or benefit,

SELLER: The company offering goods to the consumer within the scope of its commercial or professional activities, or acting on behalf or account of the one offering the goods,

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

PLATFORM: The website www.sutis.com.tr and the mobile application belonging to the SELLER,

ORDERING PARTY: The real or legal person who requests a good or service through the SELLER’s website www.sutis.com.tr or mobile application,

AGREEMENT: This agreement entered into between the SELLER and the BUYER,

PRODUCT/PRODUCTS: Movable goods subject to shopping and intangible goods such as software, audio, video prepared for use in electronic environments.

3. SUBJECT

3.1. This Agreement has been prepared in accordance with the Law on the Protection of Consumers No. 6502 and the Regulation on Distance Contracts. The parties hereby declare and acknowledge that they know and understand their obligations and responsibilities arising from the Law on the Protection of Consumers No. 6502 and the Regulation on Distance Contracts. The subject of this agreement is to regulate the rights and obligations of the parties regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, ordered electronically by the BUYER through the SELLER’s platform, in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts.

4. MATTERS ON WHICH THE BUYER WAS INFORMED IN ADVANCE

4.1. BUYER acknowledges that before the conclusion of this Agreement by acceptance from the Platform and before entering into the order and payment obligation, they have examined, read, understood, and been informed through all general and special explanations on the relevant pages of the Platform regarding the following matters:

a) The SELLER’s trade name and contact details and up-to-date introductory information,

b) The steps of the sales transaction during the purchase of the Products from the Platform and the tools/methods for correcting incorrectly entered information,

c) The Chamber of Commerce to which the SELLER is affiliated (ITO – Istanbul Chamber of Commerce) and contact details (444 0 486 – www.ito.org.tr)

d) The privacy, data usage-processing rules applicable to BUYER information implemented by the SELLER and the permissions given by the BUYER to the SELLER in this regard, the legal rights of the BUYER, the rights of the SELLER, and the procedures for exercising these rights,

e) Shipping restrictions foreseen by the SELLER for the Products,

f) The payment methods-tools accepted for the Products, the basic characteristics of the Products, and the total price including taxes (including all related costs and total amount payable by the BUYER to the SELLER),

g) The procedures for delivery of the Products to the BUYER and information about shipping-delivery-cargo costs,

h) Other payment/collection and delivery information regarding the Products and information related to the performance of the contract, along with the responsibilities of the parties,

i) Products and other goods-services for which the BUYER does not have the right of withdrawal,

j) Conditions, duration, and procedure for the BUYER to exercise the right of withdrawal where applicable, and that failure to exercise the right within the period results in loss of the right,

k) That if the Product subject to the right of withdrawal is damaged or altered due to improper use contrary to the operating instructions, normal functioning, or technical features during the withdrawal period, the BUYER’s withdrawal request may not be accepted and that the BUYER will always be responsible to the SELLER; and that the SELLER may deduct the appropriate amount corresponding to the damage or alteration during refunds,

l) How the Products can be returned to the SELLER in cases where the right of withdrawal exists, and all related financial matters (methods of return, cost, refund of the Product price, and possible deductions or adjustments for reward points earned/used during purchase),

m) The details of conditions (special terms) regarding various promotional opportunities that may be applied periodically on the Platform,

n) That since this Agreement is sent to the BUYER via e-mail after being approved on the Platform, the BUYER may store it for any duration and access it, and that the Platform owner SELLER may store it for three years,

o) In cases of disputes, the BUYER may submit complaints to the Platform or the SELLER using the provided contact details and may apply to District/Provincial Consumer Arbitration Committees and Consumer Courts according to the relevant provisions of Law No. 6502.

5. SELLER INFORMATION

Trade Name
Mernis Number/Tax Number
Address
Phone
Fax
Seller E-mail

6. BUYER INFORMATION

Person to be Delivered
Delivery Address
Phone
Fax
E-mail/username

7. INVOICE INFORMATION

Name/Surname/Commercial Title
Tax Office and Tax Identification Number
Address
Phone
Fax
E-mail/username

The invoice will be delivered to the delivery address together with the order during delivery.

8. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE AGREEMENT

8.1. The basic characteristics of the goods/Product/Products/Service (type, quantity, brand/model, color, number) are published on the Platform belonging to the SELLER.

8.2. The prices listed and announced on the site are sales prices. Announced prices and promises remain valid until updated or changed. Time-limited prices remain valid until the specified period ends.

8.3. The total sales price of the goods or services subject to the Agreement, including all taxes, is shown below.

Product Description	Quantity	Cash Price	Subtotal (Including VAT)
(Product Information)	–	–	–
Shipping Fee
Total :

Purchases made on the website www.sutis.com.tr show the total discount amount earned, shipping fee, and installment difference amount together in the table above.

Payment Method and Plan
Delivery Address
Person to be Delivered
Invoice Address
Order Date
Delivery Date
Delivery Method:

8.4. The shipping cost, which is the shipment fee of the Product, will be paid by the BUYER.

9. GENERAL PROVISIONS

9.1. The BUYER acknowledges, declares, and undertakes that they have read and understood the preliminary information regarding the basic characteristics of the product subject to the contract, sales price, payment method, and delivery details on the SELLER’s platform, and have given the necessary confirmation electronically. By confirming the Preliminary Information electronically before the distance sales contract is established, the BUYER acknowledges that they obtained the SELLER’s address, basic characteristics of the products ordered, prices including taxes, payment and delivery information correctly and completely, and that they may convey consumer requests and complaints to the SELLER’s contact details above and/or through channels provided by the Platform.

9.2. Each product subject to the Agreement shall be delivered within the legal period of 30 days at most, depending on the BUYER’s place of residence, to the BUYER or to the person and/or organization indicated by the BUYER at the address, within the period indicated in the preliminary information on the website. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract. The delivery date indicated on the website as “estimated delivery date” is only an estimate and does not constitute a commitment. These products shall in any case be delivered to the BUYER within 30 days as stated in the legislation. If the recipient indicated by the BUYER is not present at the delivery address, the SELLER is not responsible for any damages or expenses that may arise from the BUYER’s late receipt or failure to receive the product.

9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the Agreement completely, in accordance with the specifications stated in the order, along with warranty documents, user manuals, and all information and documents required by the job; to provide the product free from defects; to comply with legal legislation; to perform the service in accordance with standards, honesty, and good faith; to maintain and improve service quality; and to act with care, diligence, prudence, and foresight during the performance of the work.

9.4. Before the expiration of its performance obligation under the Agreement, the SELLER may supply a different product of equal quality and price, by informing the BUYER and obtaining explicit consent.

9.5. If performance of the product or service subject to the order becomes impossible, the SELLER accepts, declares, and undertakes that they will notify the consumer in writing within 3 days from learning of this situation, and refund the total amount to the BUYER within 14 days.

9.6. The BUYER acknowledges, declares, and undertakes that they will electronically confirm this Agreement for the delivery of the product subject to the Agreement and that if for any reason the product price is not paid and/or the bank records are canceled, the SELLER’s obligation to deliver the product will cease.

9.7. After delivery of the product to the BUYER or the person and/or organization indicated by the BUYER, if the BUYER’s credit card is used unjustly by unauthorized persons and the product price is not paid to the SELLER by the relevant bank or financial institution, the BUYER accepts, declares, and undertakes that they will return the product to the SELLER within 3 days, with shipping costs to be borne by the BUYER.

9.8. If the SELLER is unable to deliver the product within the due time due to force majeure events such as unforeseen and unavoidable situations that prevent or delay the performance of the parties’ obligations, the SELLER accepts, declares, and undertakes to notify the BUYER. The BUYER may request cancellation of the order, replacement of the product with its equivalent, and/or postponement of delivery until the obstructing situation is resolved. If the BUYER cancels the order, cash payments will be refunded within 14 days. For credit card payments, the product price will be refunded to the relevant bank within 14 days. The BUYER acknowledges that banks may take 2–3 weeks to reflect the refund to the BUYER’s account and that the SELLER cannot be held responsible for such delays.

9.9. The SELLER may contact the BUYER via mail, e-mail, SMS, phone calls, and other methods using the address, e-mail address, fixed/mobile phone lines, and other contact information provided by the BUYER during registration or updated later. By accepting this Agreement, the BUYER acknowledges and declares that the SELLER may carry out such communication activities.

9.10. The BUYER shall inspect the goods/services before receiving them and shall not accept damaged or defective goods/services, such as crushed, broken, torn packaging, etc., from the cargo company. Goods/services received shall be deemed undamaged and intact. After delivery, the obligation to protect goods/services with care lies with the BUYER. If the right of withdrawal will be used, the goods/services must not be used. The invoice must be returned.

9.11. If the credit card used during the order does not belong to the BUYER, or if a security issue is detected regarding the card before delivery, the SELLER may request the BUYER to present identification and contact information of the cardholder, the previous month’s statement, or a document from the bank confirming the card belongs to the cardholder. The order will be frozen until the requested information/documents are provided. If they are not submitted within 24 hours, the SELLER reserves the right to cancel the order.

9.12. The BUYER declares and undertakes that personal and other information provided when becoming a member of the SELLER’s website are accurate, and that the BUYER shall immediately compensate all damages the SELLER may incur due to inaccuracy of this information.

9.13. The BUYER accepts and undertakes to comply with legal regulations and not to violate them while using the SELLER’s website. Otherwise, all legal and criminal liabilities will rest solely with the BUYER.

9.14. The BUYER may not use the SELLER’s website in any way that is immoral, disrupts public order, disturbs or harasses others, is unlawful, or infringes others’ rights. The BUYER also may not engage in actions that prevent or make it difficult for other members to use the services (spam, virus, trojan horse, etc.).

9.15. Links to other websites and/or content not under the control of the SELLER and owned or operated by third parties may be provided on the SELLER’s website. These links are placed for the convenience of the BUYER and do not constitute any endorsement or guarantee regarding the linked websites or their content.

9.16. The member who violates one or more of the articles listed in this agreement is personally responsible legally and criminally for such violation and shall hold the SELLER free from any legal and criminal consequences. Additionally, if the matter is taken to legal authorities, the SELLER reserves the right to claim compensation from the member due to breach of the membership agreement.

9.17. Unless otherwise stated, the delivery costs of the goods belong to the BUYER. If the SELLER declares that delivery costs will be covered by them on the Platform, then delivery costs belong to the SELLER. Delivery of the goods is made within the committed period, provided that the SELLER has stock availability and payment has been made.

9.18. If the BUYER selects the corporate invoice option during an order placed through the website, the SELLER may issue a corporate invoice. The SELLER will issue the invoice according to the tax identification number and tax office information provided by the BUYER. The accuracy and completeness of the provided information are entirely the responsibility of the BUYER.

10. RIGHT OF WITHDRAWAL

10.1. The BUYER may exercise the right of withdrawal from the distance contract for the sale of goods within 14 (fourteen) days from the date of delivery of the product to the BUYER or the person/organization indicated at the address, without any legal or penal liability and without providing any justification, by notifying the SELLER. For distance contracts regarding service provision, this period begins on the date the agreement is signed. In service contracts where performance begins with the BUYER’s approval before the withdrawal period ends, the right of withdrawal cannot be used. Expenses arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this agreement, the BUYER acknowledges in advance that they have been informed about the right of withdrawal. Notification of withdrawal and notifications regarding the Agreement shall be made through the communication channels specified on the Platform. Communication channels for withdrawal notifications can be accessed via the ………………… link.

10.2. To exercise the right of withdrawal, written notification must be sent to the SELLER via registered mail with return receipt, fax, or email within the 14-day period, and the product must not be used in accordance with the conditions specified under “Products for Which the Right of Withdrawal Cannot Be Used.” When this right is exercised:

a) The BUYER shall send the goods to the SELLER within 10 days from exercising the right of withdrawal, using the contracted cargo company.

b) Goods to be returned under the right of withdrawal must be returned complete and undamaged, including packaging, box, standard accessories, and any promotional items delivered with the product.

10.3. The BUYER is not responsible for any changes or deterioration resulting from proper use of the goods in line with operating instructions, technical specifications, and functioning, within the withdrawal period.

10.4. The product price shall be refunded to the BUYER in the same manner as it was paid within 14 days following the exercise of the right of withdrawal. When returning the product to the SELLER, the invoice given to the BUYER during delivery must also be returned. (If the invoice belongs to a corporation, the return must be made together with a return invoice issued by the corporation. Returns of orders invoiced to corporations cannot be completed without a RETURN INVOICE.)

10.5. Provided that the BUYER sends the goods using the contracted cargo company stated in the preliminary information form, the return shipping cost will be borne by the SELLER. If there is no branch of the contracted cargo company where the BUYER is located, the BUYER may send the goods via any cargo company; in this case, the shipping cost belongs to the SELLER. If the BUYER returns the goods via a cargo company other than the SELLER’s contracted cargo company, the SELLER is not responsible for the return shipping cost or any damages incurred during shipping.

10.6 If the exercise of the right of withdrawal causes the total amount of a promotional campaign to fall below the required threshold, the discount applied under the campaign shall be canceled.

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

11.1. The BUYER may not exercise the right of withdrawal for the following contracts:

a) Contracts relating to goods or services whose price changes depending on fluctuations in financial markets and are not under the control of the SELLER,

b) Contracts relating to goods prepared according to the consumer’s requests or personal needs,

c) Contracts relating to the delivery of perishable goods or goods whose expiry date may pass, such as chocolate, bakery items, etc.,

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

d) Contracts relating to goods that are mixed with other products after delivery and cannot be separated due to their nature,

e) Contracts relating to goods presented in a physical medium whose packaging, tape, seal, or package has been opened after delivery,

f) Contracts relating to leisure time services to be performed on a specific date or period such as transportation of goods or food and beverage supply,

ğ) Contracts relating to services performed instantly in electronic environments and to goods delivered instantly to the BUYER,

h) Contracts relating to services whose performance has begun with the BUYER’s approval before the withdrawal period expires

12. DEFAULT AND LEGAL CONSEQUENCES

12.1.If the BUYER defaults when making payment by credit card, they accept, declare, and undertake that they will pay interest within the framework of the credit card agreement between them and the card-issuing bank and be liable to the bank. In this case, the bank may take legal action, request expenses and attorney fees from the BUYER, and in any case, if the BUYER defaults, the BUYER accepts, declares, and undertakes that they will compensate the SELLER for the damage and loss caused by delayed performance.

13. COMPETENT COURT

13.1. In disputes arising from this Agreement, complaints and objections may be submitted to:

Consumer Arbitration Committees located in the district/province where the BUYER purchased the goods or services and where the BUYER resides, up to the value announced by the Ministry of Trade.

13.2.District/provincial consumer arbitration committees are competent regarding consumer demands in line with the lower and upper limits specified in Article 68/1 of the Law on Consumer Protection No. 6502.

13.3.For Merchant Customers, Ankara Courts and Enforcement Courts are authorized and competent for disputes arising from this agreement.

14. PRICE OF THE GOOD/SERVICE

The cash or installment sales price of the goods is included in the order form, the information e-mail sent at the end of the order, and the invoice sent to the customer with the product. Discounts, coupons, shipping fees, and similar applications made by the SELLER are reflected in the sales price.

15. ENFORCEMENT

When the BUYER makes the payment for the order placed through the Site, they are deemed to have accepted all terms of this Agreement. The SELLER is obligated to make the necessary software arrangements so that this Agreement is read and accepted by the BUYER on the site prior to the purchase.

SELLER:

BUYER:

DATE: