Sales Agreement

PARTIES AND SUBJECT

This agreement concerns the purchase of products (hereinafter referred to as the “PRODUCT/PRODUCTS”) by the person who will purchase them from the website www.exxeselection.com (hereinafter referred to as the “WEBSITE”) (hereinafter referred to as the “CUSTOMER”) from the seller company located at Çetin Family Tekstil Gıda Paz.San.ve Tic. Ltd. Şti. Barış Mh. Defne Sok. No:34 Nilüfer/BURSA (Tel: (0224) 453 3100, email: [email protected]), Çetin Family Tekstil Gıda Paz. San. ve Tic. Ltd. Şti. (hereinafter referred to as the “SELLER”). It determines the rights, obligations, and liabilities of the parties within the scope of the provisions of the Law on the Protection of Consumers and the Regulation on the Principles and Procedures Regarding Distance Contracts. This is based on the order form completed electronically by the CUSTOMER, which specifies the product-related features, quantity/quality, the sales price, the terms and conditions for collecting the sales amount, and the sales date.

RIGHT OF WITHDRAWAL

THE CONSUMER has the right to withdraw from the contract by rejecting the goods or services within fourteen (14) days from the date the goods are received or the contract is signed, without assuming any legal or penal liability and without giving any reason (and without paying any penalty). If this right is exercised within the period, the PRODUCT will be taken back by us within twenty (20) days from the date we receive the withdrawal notice.

However, pursuant to the relevant legal regulations, there is no right of withdrawal in contracts regarding the following goods/services, even if they have not been used/not utilized: goods produced in line with the CUSTOMER’s special requests or personal needs (including those made specific to the person/personal needs by making changes or additions); goods that are not suitable for return by their nature and carry a risk of rapid deterioration, such as cosmetics and similar items, and foodstuffs such as chocolate and similar items; audio or visual recording media opened by the CUSTOMER such as CDs, DVDs, software programs, and computer consumables; goods whose prices are determined in organized markets such as the stock exchange; publications such as newspapers and magazines; services related to betting and lotteries; in general, all services performed instantly in electronic environment; and any non-material goods delivered to the CUSTOMER instantly. In addition, services that have begun to be performed within the withdrawal period with the CUSTOMER’s approval, and other goods/services accepted outside the scope of distance sales in accordance with the relevant legislation.

To exercise the right of withdrawal, it is required to notify the SELLER in writing within the statutory 14-day period. (The written notice may also be made via a durable data carrier/remote communication tool such as a letter or email.) In the event this right is exercised, in addition to the aforementioned written notice, it is necessary to return the original invoice along with an example of the cargo delivery receipt showing that the PRODUCT delivered to a third party or to the CUSTOMER has been sent back to the SELLER (in accordance with tax legislation). Furthermore, the packaging of the products that must be returned, the packaging materials, and, if any, the standard accessories must be delivered to the SELLER completely and without damage. The shipping cost of the product returned using the right of withdrawal is covered by the SELLER.

In addition to the cases where the CUSTOMER must issue a return invoice, the relevant section on the back of the invoice to be returned together with the product will be filled in and signed. Return orders/invoices issued on behalf of institutions will not be accepted unless an “RETURN INVOICE” is issued.

Within 10 days following the delivery of the above written documents and the product to the SELLER in this manner, the product price is refunded to the CUSTOMER. In credit card payments, the refund transaction is also made to the CUSTOMER’s credit card by refunding it (General Provisions, Article 7 regarding refund provisions and explanations also apply in refund cases due to the exercise of the right of withdrawal.)

For PRODUCTS where the right of withdrawal can be exercised, if, pursuant to the legislation, there is any decrease in value resulting from changes and deterioration caused by use beyond normal handling of the goods, or generally due to the CUSTOMER’s fault, then the CUSTOMER must compensate the SELLER for this decrease in value; if return is impossible, the CUSTOMER must compensate the value of the goods (the sales price stated above) to the SELLER.

GENERAL PROVISIONS

1. The CUSTOMER accepts that they have received, read, and become informed of the preliminary information regarding the basic characteristics of the products shown on the WEBSITE, the sales price including all taxes, the payment method, and the preliminary information regarding delivery and the conditions for use and the right of withdrawal, and that they have provided the necessary confirmations/approvals required for online sales in electronic environment.

2. The product subject to the contract will be delivered by the cargo company with which the SELLER has an agreement to the CUSTOMER or to the person/institution at the address indicated by the CUSTOMER within the period stated in the preliminary information on the website, depending on the distance of the CUSTOMER’s place of residence, provided that the statutory 14-day period is not exceeded. The SELLER ships and delivers the products it sells to the CUSTOMERS through cargo companies.

3. Unless otherwise stated, delivery charges (cargo fee, etc.) belong to the CUSTOMER. Depending on the results of the campaigns that the SELLER runs at the time of sale and that it announces on the WEBSITE, the SELLER may not reflect all or part of the delivery charges to the CUSTOMER.

4. If the products delivered to the address are not found at the CUSTOMER’s address at the time of delivery, it will be deemed that the SELLER has fulfilled its obligation in full and completely. If there is no person to receive at the address, it will be the CUSTOMER’s responsibility to contact the cargo company and track the shipment of the products. If the product is to be delivered to a person/institution other than the CUSTOMER, the SELLER cannot be held responsible for the failure of the person/institution to be present at the delivery address or for refusing to accept delivery. In such cases, all kinds of damages arising from the CUSTOMER’s receiving the PRODUCT late, and the expenses arising from the product being held at the cargo company and/or from the cargo being returned to the SELLER, belong to the CUSTOMER.

5. The CUSTOMER is responsible for checking the PRODUCT at the moment of delivery and, if they notice any problem caused by the cargo, for not accepting the PRODUCT and for having a report prepared by the authorized representative of the cargo company. Otherwise, the SELLER will not accept liability. During delivery of the PRODUCT, if requested by the SELLER, the CUSTOMER is obliged to sign a printed copy of this Agreement; if they do not sign, the PRODUCT may not be delivered. This Agreement approved by the CUSTOMER during shopping on the WEBSITE is, in all cases, sufficient and valid.

6. Unless otherwise expressly provided in writing by the SELLER, the CUSTOMER must have paid the full price before receiving the PRODUCT. In advance sales, if the product price is not fully paid to the SELLER before delivery, and in installment sales, if the installment amount whose due date has arrived is not paid, the SELLER may unilaterally cancel the contract and may not deliver the PRODUCT. After delivery of the PRODUCT, for any reason, if the Bank/financing institution to which the processed credit card belongs does not pay the product price to the SELLER, the PRODUCT is returned to the SELLER by the CUSTOMER within at most 3 days, with all expenses belonging to the CUSTOMER. All other contractual and legal rights of the SELLER, including the right to claim the product price without accepting the return, are additionally and in all circumstances reserved. To avoid any doubt; in cases where the CUSTOMER pays the sales price to the Banks and financing institutions with the credit card, installment card, etc. they own, all opportunities provided by these cards are credit and/or installment payment opportunities directly provided by the card issuing institution; within this framework, product sales in which the SELLER collects the price at once or in installments are not credit or installment sales from the perspective of the parties to this Agreement and are cash sales. The SELLER’s legal rights in cases legally considered as installment sales (including the rights to terminate the contract if installments are not paid and/or to request payment of the remaining debt together with default interest) are available and reserved. In case of default by the CUSTOMER, default interest is applied at a monthly rate of 5%.

7. If, due to extraordinary circumstances (such as weather conditions, heavy traffic, earthquake, flood, fire, etc.) other than the normal sales/delivery conditions, the delivery cannot be made within the statutory 14-day period, the SELLER informs the CUSTOMER regarding the delivery. In this case, the CUSTOMER may cancel the order, order a similar product, or wait until the end of the extraordinary situation. If the product price has been collected in order cancellations, it is refunded to the CUSTOMER within 7 days from the cancellation. In credit card payments, the refund is also made to the CUSTOMER’s credit card, and the product amount is returned to the relevant bank within 7 days after the CUSTOMER cancels the order; since the reflection of this amount to the CUSTOMER’s accounts is entirely related to the bank’s transaction process, the CUSTOMER hereby accepts in advance that it will not be possible for the SELLER to intervene in any way and assume responsibility for any possible delays. (Banks’ reflection of the refund to the CUSTOMER’s account generally may take up to three weeks).

8. If it is understood that the PRODUCT/service subject to the contract cannot be supplied for a justifiable reason other than extraordinary circumstances, the SELLER may supply another good/service of equal quality and price by informing the CONSUMER and obtaining their approval, and the obligation under the contract is deemed to have been fulfilled in this way. If the CONSUMER does not approve, the provisions regarding cancellation of the order are applied.

9. The CUSTOMER may notify the SELLER of their requests and complaints regarding the product and the sale through the SELLER’s communication channels stated in the opening section of the Agreement. During delivery of the PRODUCT, if requested by the SELLER, the CUSTOMER is obliged to sign a printed copy of this Agreement; if they do not sign, the PRODUCT may not be delivered. This Agreement approved by the CUSTOMER during shopping on the WEBSITE is, in all cases, sufficient and valid.

10. The Agreement approved by the CUSTOMER after receiving and confirming the preliminary information remains in force until the parties fulfill their payment/delivery obligations arising from the Agreement, without prejudice to the relevant provisions.


AGREEMENT ON EVIDENCE AND AUTHORIZED COURT

In resolving any dispute that may arise from and/or in connection with this Agreement and/or its implementation, the SELLER’s records (including records in magnetic media such as computer and audio records) constitute conclusive evidence; within the monetary limits determined within the scope of the legislation, the Consumer Arbitration Committees are authorized, and in cases exceeding those limits, the Consumer Courts located at the place of residence of the CUSTOMER and the SELLER are authorized.

Information regarding the monetary limit is as follows.

Effective as of 1 January 2016:

• For disputes where the value is below two thousand three hundred twenty Turkish Liras, application is mandatory to the district Consumer Arbitration Committees; for disputes where the value is below three thousand four hundred eighty Turkish Liras, application is mandatory to the provincial Consumer Arbitration Committees; and for provinces with metropolitan status, application is mandatory to the provincial Consumer Arbitration Committees for disputes between two thousand three hundred twenty Turkish Liras and three thousand four hundred eighty Turkish Liras. In mandatory cases, after applying or for disputes above these values, it will be possible to apply to the Consumer Courts.

The CUSTOMER declares that they have read all the terms and explanations written in this Agreement and in the order-agreement preliminary information form that constitutes an integral part of it; that they had prior knowledge of all preliminary information regarding the products subject to sale, including their basic characteristics, sales price, payment method, delivery conditions, etc., and the right of withdrawal; that they have viewed and confirmed the preliminary information electronically on the WEBSITE and that it was also sent to their email; and that by providing confirmation/approval in electronic environment for all of these, they have ordered the product and accepted the provisions of this Agreement.

I accept that, in case of returns and exchanges, a delivery note/expense voucher will be issued to me.