Distance Sales Agreement

Title : AYNUR AKAY TICARET

Address : MERKEZ MAH. ECE SOK NO:14 E-3

Phone : 0505 084 2020

E-mail Address :[email protected]

Name Surname/Title :

Address :

Phone :

E-mail Address :

In this Agreement, the Seller and the Buyer shall each be referred to as a ‘‘Party’’ separately and collectively as the ‘‘Parties’’.

Ministry: Ministry of Customs and Trade,

Law: Consumer Protection Law No. 6502,

Regulation: Distance Contracts Regulation (OG: 27.11.2014 / 29188),

Product: Goods to be sold under the Seller’s Site subject to shopping,

Seller: The company that offers goods to the consumer within the scope of its commercial or professional activities,

Buyer: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,

Site: Website of the Seller

Orderer: The natural or legal person who requests a good or service through the website of the Seller,

Parties: Seller and Buyer

Agreement: It means the Distance Sales Agreement concluded between the Seller and the Buyer.

3.1 The subject of this Agreement is determining the Parties’ right and obligations under the Code Regarding Protection of Consumers no. 6502 and Regulation on Distance Contracts published on the Official Gazette dated 27 November 2014 and no. 29188 for the sale and delivery of the products (‘‘Product’’) of which is electronically ordered by the Buyer on https://www.faboriginals.com website (‘‘Website’’) belonging to the Seller.

3.2 Prices listed and announced on the site are sales prices. The announced prices are valid until they are updated and changed on the site. Prices announced for a period are valid until the end of the specified period.

4.1 The Buyer accepts, declares and undertakes that he has read the Preliminary Information Form regarding the full trade name, full address and contact information of the Seller, has given the necessary approval in the electronic environment and agrees that the basic characteristics of the Product or Products, including VAT, payment method, delivery, delivery and costs, right of withdrawal and use shall be borne by the Buyer.

4.2 The Buyer accepts, declares and undertakes that hereby acknowledges that he/she is informed about the basic characteristics, sales price, payment method, delivery conditions and all other preliminary information and the right of withdrawal of the Product or Products subject to sale, confirms this preliminary information electronically and then places the order for the Product or Products in accordance with the provisions of the Agreement.

4.3 Delivery of the Product or Products; it is done as soon as possible after the stock is available and the price is transferred to the Seller’s account. The Seller accepts, declares and undertakes that it will deliver the Product or Products to the Buyer’s delivery address specified in this Agreement via cargo service provider, depending on the distance of the Buyer’s settlement provided that it does not exceed 30 (thirty) days from the order.

4.4 The Seller accepts, declares and undertakes that it is responsible for the delivery of the Product or Products subject to the Agreement to the Buyer in full, in accordance with the qualifications specified in the order, and with the warranty documents and user manuals, if any, and the information and documents required by the business.

4.5 If the Seller declares that the delivery fee will be covered by her/himself or that he/she will make free delivery within the scope of the campaign, the delivery cost belongs to the Seller. However, if no declaration regarding free delivery is made, the costs will be borne by the Buyer.

4.6 The Buyer shall inspect the Contracted Product or Products at the time of delivery but before receiving them; dented, broken, torn packaging and similar damaged and defective Product or Products will not be received from the cargo company.

4.7 The Buyer accepts, declares and undertakes that the Product or Products received from the cargo company have been delivered to her/him completely undamaged and intact. It is the Buyer’s responsibility to carefully protect the Product or Products after delivery. If the right of withdrawal is to be used, the Product or Products in question should not be used. The invoice must also be returned. If the Product or Products returned using the right of withdrawal have been used, the Seller reserves the right not to accept the return of the Product or Products.

4.8 Parties agree that, after the delivery of the Product or Products, if the relevant bank or financial institution fails to pay the price of the Product or Products to the Seller due to the unfair or unlawful use of the Buyer’s credit card by unauthorized persons, not due to the Buyer’s fault; The Buyer accepts, declares and undertakes that he/she is obliged to send the Product or Products delivered to him/her to the Seller within 3 (three) days and that the delivery expenses incurred in this case belong to the Buyer.

4.9 If for any reason the price of the Product or Products is not paid or canceled in the bank records, the Seller shall be deemed to be relieved of the obligation to deliver the Product or Products subject to this Agreement.

4.10 The Parties agree, declare and undertake that the Seller is not responsible if the Product or Products are to be delivered to a person/organization other than the Buyer, if the person/institution to be delivered does not accept the delivery.

4.11 The Seller may supply other Product or Products with equal quality and price to the Buyer before the expiry of the performance period in this Agreement if it has justifiable reason. If the Seller thinks that the performance of the Product or Products has become impossible, it shall notify the Buyer before the performance period of the Agreement expires. The paid price and documents, if any, are returned to the Buyer or exchanged within 10 (ten) business days.

4.12 The Seller cannot be held responsible for the failure to deliver the ordered Product or Products to the Buyer’s delivery address specified in this Agreement, due to any problems encountered by the courier company that will make the delivery during the delivery of the Product or Products to the Buyer.

4.13 If the Seller fails to fulfill its contractual obligations in the event that the delivery of ordered Products and Products to the Buyer becomes impossible; it notifies the Buyer of this situation before the expiry of the performance obligation arising from the Agreement and may supply the Buyer with a different product of equal quality and price.

4.14 If the Seller is unable to deliver the Product or Products subject to the Agreement in due time due to force majeure or extraordinary circumstances such as weather conditions preventing delivery, interruption of transportation, the Seller is obliged to notify the Buyer of the situation. In this case, the Buyer may exercise one of the rights to cancel the order, replace the Product or Products with its precedent, if any, and/or delay the delivery time until the obstacle is removed. In case the Buyer cancels the order, the amount paid is paid to her/him in cash and in full within 10 (ten) days.

4.15 The product amount is returned to the relevant bank within 7 (seven) days after the order is canceled by the Buyer, in the payments made by the Buyer by credit card. The reflection of this amount on the Buyer’s accounts after the return to the bank is entirely related to the bank transaction process and it is not possible for the Seller to intervene in any way regarding this issue.

4.16 The Buyer who violates the provisions of this Agreement, will be personally liable for this violation, both criminally and legally. The Seller shall not be liable for the legal and penal consequences of these violations. All kinds of lawsuits and complaints of the Seller due to this violation are reserved.

5.1 In distance contracts relating to sale of goods, the Buyer may exercise its right of withdrawal from the contract by refusing the goods within 15 (fifteen) days following the date of delivery of the product thereto or the person/institution in the address designated thereby without taking any legal or penal responsibilities and without giving a justification. In determining the period of the right of withdrawal,

a) In the case of goods that are the subject of a single order and delivered separately, the day on which the consumer or the third party determined by the consumer receives the last goods,

b) In the case of goods of consisting of more than one piece, the day when the consumer or the third party determined by the consumer receives the last piece,

c) In contracts that the goods are delivered regularly for a certain period of time, the day on which the consumer or the third party determined by the consumer receives the first goods is taken as a basis.

5.2 The Buyer may make a notification of withdrawal by registered mail or electronic mail to the Seller’s address specified in Article 1 within 15 (fifteen) days. From this notice, the Seller may contact the Buyer and ensure that the Product is received from the Buyer. However; If the Seller does not make an offer to the Buyer in this direction, the Buyer must send the purchased product to the Seller’s address that specified in Article 1 within 10 (ten) days from the notification of withdrawal.

5.3 For the returns to be processed, the relevant sections of the invoice sent to the Buyer and containing the return section must be filled in completely and sent to the Seller after being signed.

5.4 The products to be returned must be delivered with their box, packaging and standard accessories, if any.

5.5 Pursuant to the Law on the Protection of Consumer No 6502, 29188 Distance Contracts Regulation 15, Article 1-a and 1-b, The Buyer cannot use the right of withdrawal for the products that are produced in accordance with the special requests and demands of the Buyer or that have been customized by making changes or additions. The Buyer accepts and undertakes that the Product to be ordered through the Site will be prepared in accordance with special requests and demands, and therefore the Product to be ordered is within the scope of the products for which the right of withdrawal cannot be exercised.

5.6 The Seller is obliged to refund the total price (total of all prices paid by the Buyer to the Seller) and the documents that put the Buyer under debt to the Buyer within a maximum of 15 (fifteen) days from the receipt of the withdrawal notice.

5.7 The shipping cost of the Products returned due to the right of withdrawal shall be refund by the Buyer. After the Buyer uses her/his right of withdrawal and makes a notification to the Seller in this regard, the product subject to sale will be received by the Seller’s contracted cargo company. However, if the Buyer wishes to return the product himself/herself, the Buyer must send the product to the Seller with payment.

5.8 The decrease in the value of the received goods or the existence of a reason that makes the return impossible do not prevent the use of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the fault of the consumer, the Seller must compensate for the value or decrease in the value of the goods. Changes and deteriorations that occur due to the habitual use of the goods are not considered as a decrease in value.

5.9 Right of withdrawal; from the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; it cannot be used for products that are not suitable for return in terms of health and hygiene.

6.1 The Buyer can apply for complaints and objections to the arbitral tribunal or the consumer court for consumer problems in the place of residence or where he/she has purchased the goods or services within the monetary limits determined by the Ministry of Customs and Industry in December every year.

6.2 All notifications, notices, and notifications to be made pursuant to this Agreement shall be made to the addresses of the Parties specified in the 1st and 2nd Articles of this Agreement, by e-mail, cargo with explanation, registered mail with return receipt or via notary public. The parties agree that the addresses specified in the Agreement are legal notification addresses, and unless the address change is notified to the other party 5 (five) business days in advance, the notifications made to these addresses will be valid. All notifications within the scope of this Agreement made by the Seller shall be deemed to have reached the Buyer 1 (one) day after they are sent, and all notifications under this Agreement to be sent by the Buyer to the Seller shall be valid from the day they are deemed to have been served in accordance with Turkish Laws.

6.3 This Agreement consists of 6 (six) articles and has been concluded by the Parties. These parties accept, declare and undertake that they have read all the written conditions and explanations, have received, reviewed and fully accepted the sales conditions and all other preliminary information.

Seller:  AYNUR AKAY TICARET

Buyer:

Date: