Distance Sales Agreement

1. PARTIES
This Agreement has been signed between the parties below, within the framework of the terms and conditions stated below. 'BUYER'; (hereinafter referred to as "BUYER" in the agreement) 'SELLER'; (hereinafter referred to as "SELLER" in the agreement)

By accepting this agreement, the BUYER acknowledges and agrees in advance that if they approve the order subject to the agreement, they will be obligated to pay the price of the ordered item and any additional fees such as shipping costs and taxes, and that they have been informed of this obligation.
 

2. SUBJECT OF THE AGREEMENT
This Agreement regulates the rights and obligations of the parties in accordance with the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts, concerning the sale and delivery of the product whose qualities and sales price are specified below, and which the BUYER has ordered electronically through the SELLER's website. The prices listed and advertised on the site are sales prices. Advertised prices and promises are valid until updated and changed. Prices advertised for a limited time are valid until the end of the specified period.

3. SELLER INFORMATION
SELLER COMPANY TITLE: Onka Global Danışmanlık Ve İthalat İhracat LTD. ŞTİ.
ADDRESS: Fulya Mah. Ortaklar Cad. Mevlüt Pehlivan Sk. Huzur Apt. Blok No:1 İç Kapı: 5
Şişli / İSTANBUL
PHONE: +90 212 234 02 06
E-MAIL: info@onkagloabal.com
 

4. BUYER INFORMATION
Person to be delivered to:
Delivery Address:
Phone:
Email:
 

5. PRODUCTS SUBJECT TO THE AGREEMENT, DELIVERY, AND PAYMENT INFORMATION

This section will be filled out and customized for each order based on the information provided by the Buyer electronically, regarding the type, name, code, quantity, amount, brand/model, sales price, payment method, recipient, delivery cost, estimated delivery date, delivery method, ordering party and recipient information, and invoice details of the Product(s).
The invoice will be sent by email to the specified email address during order delivery; a copy of the e-invoice will be delivered with the product.
For the delivery of the product(s) subject to the agreement, this agreement must be approved electronically and sent to the SELLER, and the payment must be transferred to the Seller's account using the payment method chosen by the Buyer. If the product price is not transferred to the SELLER's account or is canceled in the bank records, the SELLER shall be deemed to be released from the obligation to deliver the product.
The Ordering Party, the Recipient to whom the delivery will be made, or the Invoice Recipient can be the same person and/or different persons. In case they are different persons, the Ordering Party is responsible for all information provided and approved. The Ordering Party accepts that the information provided in this article is correct. In case the Buyer cannot be reached with the information provided, the SELLER has no responsibility, and all responsibility belongs to the Ordering Party. Vague locations such as parking lots, in front of doors, or parks cannot be specified as delivery addresses; even if specified, order delivery will not be made. It is essential that the delivery address is a workplace, apartment, house, shop, or a similar place that clearly belongs to the customer. THE ORDERING PARTY/BUYER accepts and declares these provisions.

6. GENERAL PROVISIONS
6.1 – The BUYER accepts, declares, and undertakes that they have read and understood the basic characteristics of the product subject to the agreement, the sales price, the payment method, and the preliminary information regarding delivery on the SELLER's website, and that they have given the necessary confirmation electronically. The BUYER acknowledges, declares, and undertakes that by confirming the Preliminary Information electronically, they have obtained complete and accurate information about the SELLER's address, the basic characteristics of the ordered products, their prices including taxes, and payment and delivery information, which should have been provided by the SELLER to the BUYER before the distance sales agreement was concluded.
6.2- Each product subject to the agreement shall be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section of the website, not exceeding the legal period of 30 days, depending on the distance of the BUYER's place of residence. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the agreement.
6.3- The SELLER accepts, declares, and undertakes to deliver the product subject to the agreement completely, in accordance with the specifications stated in the order, and with any warranty documents, user manuals, and information and documents required by the job, free from any defects, in a sound manner in accordance with legal regulations, meeting standards, performing the work with accuracy and honesty, maintaining and improving service quality, showing due care and diligence during performance, and acting with prudence and foresight.
6.4- The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit consent before the expiration of the performance obligation arising from the agreement.
6.5- If the SELLER cannot fulfill its obligations under the agreement due to the impossibility of performing the product or service subject to the order, it accepts, declares, and undertakes to notify the consumer in writing within 3 days from the date of learning of this situation and to refund the total amount to the BUYER within 14 days.
6.6- The BUYER accepts, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that if the price of the product subject to the Agreement is not paid for any reason and/or is canceled in the bank records, the SELLER's obligation to deliver the product subject to the Agreement will cease.
6.7- The BUYER accepts, declares, and undertakes that if the product price subject to the agreement is not paid to the SELLER by the relevant bank or financial institution as a result of unauthorized use of the BUYER's credit card by unauthorized persons after the delivery of the product subject to the agreement to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER will return the product subject to the agreement to the SELLER within 3 days, with the shipping costs belonging to the SELLER.
6.8- The SELLER accepts, declares, and undertakes to notify the BUYER if it cannot deliver the product subject to the agreement within the specified period due to force majeure events such as unforeseen circumstances beyond the control of the parties and preventing and/or delaying the parties from fulfilling their obligations. The BUYER also has the right to request the cancellation of the order, the replacement of the product subject to the agreement with an equivalent product if available, and/or the postponement of the delivery period until the hindering situation is removed. In case the order is canceled by the BUYER, for cash payments made by the BUYER, the product amount is paid back in cash and in full within 14 days. For credit card payments made by the BUYER, the product amount is refunded to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares, and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and since the reflection of this amount in the BUYER's accounts after it has been refunded to the bank is entirely related to the bank's transaction process, the BUYER cannot hold the SELLER responsible for possible delays. 9.9. The SELLER has the right to communicate with the BUYER for communication, marketing, notification, and other purposes via mail, e-mail, SMS, phone calls, and other means through the address, e-mail address, landline and mobile phone numbers, and other contact information provided by the BUYER in the registration form or updated later. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the communication activities mentioned above.
6.9- The BUYER will inspect the goods/services subject to the agreement before taking delivery; they will not accept damaged and defective goods/services such as crushed, broken, torn packaging from the cargo company. Goods/services accepted will be deemed undamaged and sound. After delivery, the responsibility to protect the goods/services with care belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned.
6.9- If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability related to the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may request the BUYER to submit identification and contact information of the credit card holder, the credit card statement for the previous month, or a letter from the card holder's bank confirming that the credit card belongs to them. The order will be put on hold until the BUYER provides the requested information/documents, and if these requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
6.10- The BUYER declares and undertakes that the personal and other information provided when registering on the SELLER's website is true and accurate, and that they will immediately, in cash and in full, compensate the SELLER for all damages incurred due to the inaccuracy of this information upon the SELLER's first notification.
6.11- The BUYER accepts and undertakes in advance to comply with legal regulations when using the SELLER's website and not to violate them. Otherwise, all legal and criminal liabilities arising will bind the BUYER entirely and exclusively.
6.12- The BUYER cannot use the SELLER's website in any way that disrupts public order, violates general morality, bothers and harasses others, for an unlawful purpose, or infringes on the material and moral rights of others. In addition, the member cannot engage in activities (spam, viruses, Trojan horses, etc.) that prevent or make it difficult for others to use the services.
6.12- Through the SELLER's website, links may be provided to other websites and/or other content that are not under the SELLER's control and/or owned and/or operated by other third parties. These links are provided for the convenience of the BUYER and do not endorse any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.
6.13- Any member who violates one or more of the articles listed in this agreement will be personally responsible criminally and legally for this violation and will keep the SELLER harmless from the legal and criminal consequences of these violations. In addition; in case this violation is taken to court, the SELLER reserves the right to demand compensation from the member for non-compliance with the membership agreement.
6.14- If the recipient is not personally present at the address at the time of delivery of the products and the persons at the address do not accept the delivery, the seller will be deemed to have fulfilled its obligation in this regard. In the event that there is no one to receive delivery at the address, it is the buyer's responsibility to contact the cargo company and track the shipment of the products. If the product is to be delivered to a person/organization other than the buyer, the seller cannot be held responsible if the person/organization to be delivered is not at the address or does not accept the delivery. In these cases, all damages arising from the buyer's late receipt of the product and the expenses incurred due to the product waiting at the cargo company and/or the cargo being returned to the seller also belong to the buyer.
6.15- In general, and unless otherwise explicitly stated, delivery costs (shipping fees, etc.) belong to the buyer. The seller may not pass on all or part of these delivery costs to the buyer depending on the campaigns it carries out at the time of sale and whose terms it announces on its website.

7- RIGHT OF WITHDRAWAL
7.1- The BUYER; in the case of a distance contract regarding the sale of goods, may exercise the right of withdrawal from the contract by rejecting the goods without undertaking any legal or criminal liability and without stating any reason, provided that they notify the SELLER within 14 (fourteen) days from the date of delivery of the product to themselves or to the person/organization at the address they specify. In distance contracts regarding the provision of services, this period starts from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the consumer's consent before the expiration of the right of withdrawal period. The expenses arising from the exercise of the right of withdrawal belong to the SELLER. The BUYER, by accepting this agreement, acknowledges in advance that they have been informed about the right of withdrawal.

7.2- To exercise the right of withdrawal, a written notification must be sent to the SELLER via registered mail, fax, or e-mail within 14 (fourteen) days, and the product must not have been used within the framework of the "Products for which the Right of Withdrawal cannot be exercised" provisions regulated in this agreement. If this right is exercised,

1. The invoice for the product delivered to the 3rd party or the BUYER (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution. Returns of orders invoiced in the name of institutions cannot be completed if a RETURN INVOICE is not issued.)
2. Return form,
3. The products to be returned must be delivered complete and undamaged with their box, packaging, and standard accessories, if any.
4. The SELLER is obliged to refund the total amount and the documents that put the BUYER under debt to the BUYER within a maximum of 10 days from the date the withdrawal notification reaches it, and to take back the goods within 20 days.
5. If there is a decrease in the value of the goods due to a fault of the BUYER or if return becomes impossible, the BUYER is obliged to compensate the SELLER's damages in proportion to their fault. However, the BUYER is not responsible for changes and deterioration caused by proper use of the goods or product within the right of withdrawal period.
6. If the campaign limit amount organized by the SELLER is fallen below due to the exercise of the Right of Withdrawal, the discount amount benefited from within the scope of the campaign is canceled.

7.3- If an contracted cargo company is specified on the website for product returns, the buyer can send the product from a branch within or outside their district, in which case no expense will be charged to the buyer. In this return process, the product must be delivered complete and undamaged with its box, packaging, and standard accessories, if any.
7.4- Provided that the buyer fulfills the requirements mentioned above, within 14 days from the date the withdrawal notification reaches the seller, the product price and, if any, the delivery costs of the product to the buyer, are refunded to the buyer in a manner appropriate to the payment instrument used when purchasing the product. The buyer's legal rights and responsibilities after the withdrawal period for the products, and the seller's rights and obligations, including contractual and legal collection-offset rights, covering points related to reward points from the buyer, are also existing and valid.

8. CASES WHERE THE RIGHT OF WITHDRAWAL IS NOT VALID
In Article 15 of the Regulation on Distance Sales Contracts, prepared under the Consumer Protection Law No. 6502, the exceptions to the right of withdrawal are specified as follows:

ARTICLE 15 – (1) Unless otherwise agreed by the parties, the consumer cannot exercise the right of withdrawal in the following contracts:

a) Contracts relating to goods or services whose price fluctuates depending on financial market fluctuations and is not under the control of the seller or provider.

b) Contracts for goods prepared in accordance with the consumer's wishes or personal needs.

c) Contracts for the delivery of goods that are perishable or whose expiration date may pass quickly.

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

e) Contracts for the delivery of goods that are mixed with other products after delivery and cannot be separated due to their nature.

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

g) Contracts for the delivery of periodicals such as newspapers and magazines, excluding those provided under a subscription contract.

ğ) Contracts for accommodation, goods transportation, car rental, food and beverage supply, and leisure activities for entertainment or recreation that must be made on a specific date or period.

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

ı) Contracts for services whose performance has begun with the consumer's consent before the expiration of the right of withdrawal period.

9. DEFAULT AND ITS LEGAL CONSEQUENCES
If the BUYER defaults on payment by credit card, they accept, declare, and undertake to pay interest within the framework of the credit card agreement with the cardholder bank and to be responsible to the bank. In this case, the relevant bank may resort to legal remedies; it may demand the resulting expenses and attorney's fees from the BUYER, and in all circumstances, if the BUYER defaults on their debt, the BUYER accepts, declares, and undertakes to pay the damages and losses incurred by the SELLER due to the delayed performance of the debt.

10. AUTHORIZED COURT AND ENFORCEMENT OFFICES IN CASE OF DISPUTE
In disputes arising from this Agreement, the Provincial and District Consumer Arbitration Committees are authorized within the monetary limits determined and announced annually by the Ministry of Customs and Trade as required by law, and the Consumer Courts are authorized in cases exceeding these limits. In this context, the BUYER may apply to the Arbitration Committees and Consumer Courts at their place of residence or, if they wish, at the Seller's place of residence.
Information regarding the monetary limit is as follows:
Effective from 28/05/2014:
a) For disputes with a value of less than 2,000.00 (two thousand) TL, pursuant to Article 68 of the Consumer Protection Law No. 6502, applications are made to the district consumer arbitration committees,
b) For disputes with a value of less than 3,000.00 (three thousand) TL, applications are made to the provincial consumer arbitration committees,
c) In provinces with metropolitan status, for disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL, applications are made to the provincial consumer arbitration committees.

This Agreement is made for commercial purposes. The Consumer can contact the Seller regarding problems encountered during or after shopping on the Seller's website through the following communication channel.

Phone: +90 212 234 02 06
E-mail: info@onkagloabal.com

ACCEPTANCE, APPROVAL AND EFFECTIVENESS
The BUYER shall be deemed to have accepted all terms of this agreement upon making the payment for the order placed through the Site. The SELLER is obliged to make the necessary software arrangements on the site to ensure that the BUYER reads and approves this agreement before the order is placed.
SELLER: Onka Global Danışmanlık Ve İthalat İhracat LTD. ŞTİ.
BUYER:
DATE: