Distant Sales Agreement

Article 1 - Parties

This Agreement has been concluded between the Seller and the Consumer whose information is provided below.

Seller Information:

Consumer Information:

Hereinafter, the Seller and the Consumer shall be referred to individually as a “Party” and jointly as the “Parties”.

Article 2 - Subject

The subject of this Distance Sales Agreement (“Agreement”) is to determine the rights and obligations of the Parties in accordance with the provisions of the Law on the Protection of Consumers No. 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the product/products, the qualities and sales price of which are specified in Article 3, offered for sale by the Seller through its website or application and ordered by the Consumer by filling out the order form (“Order Form”).

Article 3 - Characteristics of the Goods Subject to Sale, Payment and Delivery Information

Product Information:

Payment Information:

Delivery Information:

Article 4 -  Delivery Information and Delivery Costs

The product whose information is provided above shall be delivered to the delivery address provided above within 28 days following completion of the order.

The delivery fee is TRY [*], including VAT.

Article 5 - Right of Withdrawal

Without prejudice to the exceptions to the right of withdrawal listed in the last paragraph of this article (it should be noted that a very large portion of the products sold by the Seller fall within this scope), the Consumer has the right to withdraw from the agreement within fourteen days without giving any reason and without paying any penalty. The right of withdrawal period begins on the day the agreement is concluded for agreements relating to the performance of services; and, for agreements relating to the delivery of goods, on the day the Consumer or a third party designated by the Consumer receives the goods. However, the Consumer may also exercise the right of withdrawal during the period from the conclusion of the agreement until delivery of the goods. In determining this period, for goods that are the subject of a single order but delivered separately, the day on which the Consumer or a third party designated by the Consumer receives the last good; for goods consisting of multiple parts, the day on which the Consumer or a third party designated by the Consumer receives the last part; and for agreements under which goods are delivered regularly for a specified period, the day on which the Consumer or a third party designated by the Consumer receives the first good shall be taken as the basis. The Consumer may also exercise the right of withdrawal during the period from the conclusion of the Agreement until delivery of the goods.

It is sufficient for the notification regarding the exercise of the right of withdrawal to be sent to the Seller before the expiry of the right of withdrawal period. In exercising the right of withdrawal, the Consumer may use the Sample Withdrawal Form set out in ANNEX-1, or may also make a clear statement indicating the decision to withdraw.

The full address, fax number and e-mail information to which the withdrawal notification shall be sent are as follows:

The information regarding the carrier designated for return is as follows:

[*]

If the goods are returned through the carrier specified by the Seller for return, the Consumer shall be responsible for the return cost amount, not exceeding the delivery cost; and if the goods are returned through a carrier other than the designated one, the Consumer shall be responsible for all return costs. If the carrier specified in the preliminary information for return does not have a branch at the location of the Consumer, the Seller is obliged to ensure that the goods to be returned are collected from the Consumer without requesting any additional cost.

Unless the Seller offers to collect the goods itself, the Consumer must send the goods back to the Seller or to the person authorized by the Seller within 14 (fourteen) days from the date on which the Consumer sends the notification regarding the exercise of the right of withdrawal.

The Consumer shall not be responsible for changes and deterioration that occur if, during the withdrawal period, the Consumer uses the goods in accordance with their functioning, technical specifications and instructions for use. In this regard;

• The invoice of the product delivered to the third party or to the Consumer must be delivered to the Seller together with the product.
• The box, packaging and standard accessories, if any, of the products to be returned must be delivered complete and undamaged.
• If any change or deterioration occurs in the goods due to the Consumer not using the goods during the withdrawal period in accordance with their functioning, technical specifications and instructions for use, or if the Consumer intentionally damages the goods, the Consumer loses the right of withdrawal.

In cases where the goods have been delivered to the Consumer, the Seller must refund all payments collected, including the cost of delivery of the goods to the Consumer, if any, in a single payment within 14 (fourteen) days from the date on which the Consumer delivers the goods to the carrier specified in the preliminary information form or, if the Consumer delivers the goods to a carrier different from the one specified in the preliminary information form, from the date on which the goods reach the Seller, using a method consistent with the payment instrument used by the Consumer when making the purchase and without imposing any costs or obligations on the Consumer.

Delivery of the goods by the Seller to the carrier shall not be deemed delivery to the Consumer.

The Consumer may not exercise the right of withdrawal in the following agreements:

1. Agreements regarding goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller or provider (it should be emphasized that the vast majority of products listed under the SUSEY brand by SUSEY are products, such as gold and silver, whose prices vary depending on fluctuations in financial markets).
2. Agreements regarding goods prepared in line with the Consumer’s requests or personal needs (it should be emphasized that the vast majority of products listed under the SUSEY brand by SUSEY are products manufactured on request).
   
3. Agreements regarding the delivery of goods that may deteriorate quickly or expire.
4. Agreements regarding the delivery of goods whose protective elements such as packaging, tape, seal or package have been opened after delivery and whose return is not suitable in terms of health and hygiene.
5. Agreements regarding goods that are mixed with other products after delivery and cannot be separated by their nature.
6. Agreements regarding books, digital content and computer consumables presented in a tangible medium, if protective elements such as packaging, tape, seal or package have been opened after delivery of the goods.
7. Agreements regarding the delivery of periodicals such as newspapers and magazines, except those provided under a subscription agreement.
8. Agreements regarding services performed instantly in electronic environment or intangible goods delivered instantly to the Consumer.
9. Agreements regarding services whose performance has begun with the Consumer’s approval before the expiry of the right of withdrawal period.
10. Agreements regarding movable goods that are required to be registered under Highway Traffic Law No. 2918 dated 13/10/1983 and unmanned aerial vehicles subject to registration or enrollment.
11. Agreements regarding mobile phones, smart watches, tablets and computers delivered to the Consumer.
12. Agreements concluded by auction in the form of a live auction.
13. Agreements regarding goods whose installation or assembly is stated in the introduction and user manual to be carried out by the Seller or authorized service and whose installation or assembly has been completed.

Article 6 - General Provisions

By confirming this Agreement, the Consumer confirms that, before the conclusion of distance contracts, the Consumer has accurately and completely obtained the information to be provided to the Consumer by the Seller pursuant to the Regulation on Distance Contracts, including the Seller’s name or title, MERSIS number if any, address, basic characteristics of the products ordered, price of the products including taxes, payment and delivery information, the full address, fax number or e-mail information for the withdrawal notification, and information that Consumers may submit applications regarding disputes to the Consumer Court or Consumer Arbitration Committee.

The product subject to the Agreement shall be delivered to the Consumer or to the third party designated by the Consumer within the period disclosed in the preliminary information contained in this Agreement, depending on the distance of the Consumer’s place of residence for each product.

The Seller is responsible for delivering the product subject to sale in sound and complete condition, in conformity with the qualities specified in the order and together with warranty documents and user manuals, if any.

If the performance of the ordered goods becomes impossible, the Seller shall notify the Consumer in writing or through a permanent data storage medium within 3 (three) days from the date on which the Seller becomes aware of this situation, and shall refund all payments collected, including delivery costs, if any, within no later than 14 (fourteen) days from the notification date.

The Seller is responsible for loss and damage that occur until the delivery of the goods to the Consumer or to a third party designated by the Consumer other than the carrier.

If the Consumer requests that the goods be sent by a carrier other than the carrier determined by the Seller, the Seller shall not be responsible for any loss or damage that may occur from the delivery of the goods to the relevant carrier.

Article 7 - Legal Provisions

In cases where there is no provision in this Agreement, the provisions of the Law on the Protection of Consumers No. 6502, the Turkish Code of Obligations No. 6098, the Regulation on Distance Contracts and other relevant legislation shall apply.

Article 8 - Notification Addresses

The Parties accept, declare and undertake that the addresses set out at the beginning of this Agreement are their valid notification addresses and that all notifications sent to these addresses shall be deemed valid.

Article 9 - Competent Court

The Consumer may submit applications regarding disputes to the Consumer Court or Consumer Arbitration Committee at the place where the Consumer resides or where the consumer transaction is carried out, within the monetary limits determined each year in December by the Ministry of Customs and Trade of the Republic of Türkiye.

ANNEX-1: Sample Withdrawal Form

(This form shall be filled in and sent to the place and in the manner specified in the Agreement only if the right of withdrawal from the Agreement is to be exercised.)

• To:

Part to be Declared and Filled in by the Consumer

I hereby declare with this form that I exercise my right of withdrawal from the Agreement regarding the sale of the following goods or the provision of services.

• Order date or delivery date:
• Goods or services subject to the right of withdrawal:
• Price of the goods or services subject to the right of withdrawal:
• Consumer’s name and surname:
• Consumer’s address:
• Consumer’s signature: (Only if sent on paper)
• Date: