Distance Sales Contract

Distance Sales Contract

1. PARTIES

This contract has been signed between the following parties under the terms and conditions stated below.

"BUYER"; (hereinafter referred to as "BUYER" in the contract) The person who is a member of the shopping site www.storeexpress.iq as a customer. The address and contact information used during membership are taken as basis.

"SELLER"; (hereinafter referred to as "SELLER" in the contract)

NAME-SURNAME: TLY Foreign Trade and Logistics Limited Company ADDRESS: Yildirim Mahallesi, Sehir Parki Caddesi, No: 27/A, Bayrampasa, Istanbul

By accepting this contract, the BUYER acknowledges that if the order is approved, the BUYER will be under the obligation to pay the specified order amount and any additional charges such as shipping fees and bank charges, and that the BUYER has been informed about these charges in advance.

2. DEFINITIONS

In the application and interpretation of this contract, the terms written below shall have the meanings ascribed to them next to their definitions.

MINISTER: Minister of Customs and Trade,

MINISTRY: Ministry of Customs and Trade,

LAW: Consumer Protection Law No. 6502,

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

SERVICE: The subject of any consumer transaction other than the provision of goods that is performed or committed to be performed in return for a fee or benefit,

SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on account of the supplier of goods,

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

SITE: The website belonging to the SELLER,

ORDERING PARTY: The real or legal person requesting a good or service through the SELLER’s website,

PARTIES: SELLER and BUYER,

CONTRACT: This contract concluded between the SELLER and the BUYER,

GOOD: The movable property subject to shopping and the software, sound, image, and similar intangible goods prepared for use in the electronic environment.

3. SUBJECT

This contract regulates the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the product, the qualities, and sale price of which are specified below, which the BUYER ordered electronically from the SELLER’s website.

The listed and announced prices on the site are the sale prices. Announced prices and promises are valid until updated and changed. The prices announced for a specific period are valid until the end of the specified period.

SELLER INFORMATION Title: TLY Foreign Trade and Logistics Limited Company Address: Yildirim Mahallesi, Sehir Parki Caddesi, No:27/A, 34045 Bayrampasa, Istanbul Phone: +90 212 614 4979 Email: [email protected]

BUYER INFORMATION Delivery Person: Delivery Address: Phone: Fax: Email/Username:

ORDERING PARTY INFORMATION Name/Surname/Title: Address: Phone: Fax: Email/Username:

INFORMATION ON PRODUCT(S) SUBJECT TO THE CONTRACT The main features of the Good(s)/Product(s)/Service(s) (type, quantity, brand/model, color, number) are published on the SELLER’s website. If a campaign has been organized by the seller, you can review the main features of the relevant product during the campaign period. Valid until the end of the campaign.

The unit price of the goods or services subject to the contract, including all taxes, is shown below.

Payment Method Delivery Address: Delivery Person: Invoice Address: Order Date: Delivery Method:

The shipping cost, which is the product shipment cost, will be paid by the BUYER.

8. INVOICE INFORMATION Name/Surname: Address: Phone: Email/Username: Invoice Delivery: The invoice will be delivered to the invoice address along with the order delivery.

GENERAL PROVISIONS 9.1. The BUYER acknowledges, declares, and undertakes that they have read the basic features, sales price, and payment method of the product subject to the contract and the preliminary information regarding the delivery on the SELLER’s website, that they are informed about these, and that they have given the necessary confirmation in the electronic environment. The BUYER accepts, declares, and undertakes that they have accurately and completely obtained the address, the basic features of the ordered products, the prices including taxes, payment, and delivery information of the products before confirming the preliminary information in the electronic environment.

9.2. Each product subject to the contract is 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, depending on the distance of the BUYER’s place of residence, provided that it does not exceed the legal 30-day period. If the product cannot be delivered to the BUYER within this period, the BUYER has the right to terminate the contract.

9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and if available, with warranty certificates, user manuals, and other necessary information and documents, to perform the work in accordance with the principles of integrity and honesty, to protect and increase service quality, to show the necessary care and attention during the performance of the work, and to act with caution and foresight.

9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit approval before the contractual performance obligation expires.

9.5. If the SELLER cannot fulfill its contractual obligations due to the impossibility of fulfilling the order product or service, the SELLER accepts, declares, and undertakes to inform the consumer in writing within 3 days from the date of learning of this situation and to refund the total price to the BUYER within 14 days.

9.6. The BUYER accepts, declares, and undertakes that they will confirm this Contract electronically for the delivery of the product subject to the contract, and if for any reason the product price is not paid or canceled in the bank records, the SELLER’s obligation to deliver the product subject to the contract will end.

9.7. The BUYER accepts, declares, and undertakes that if the product subject to the contract is delivered to the BUYER or the person and/or organization at the address indicated by the BUYER after the delivery, if the related bank or financial institution does not pay the product price to the SELLER due to the unauthorized use of the BUYER’s credit card by unauthorized persons, the BUYER will return the product to the SELLER within 3 days at the SELLER’s expense.

9.8. The SELLER accepts, declares, and undertakes to notify the BUYER if the product subject to the contract cannot be delivered within the period due to force majeure situations such as the occurrence of unforeseen, unforeseeable events that prevent and/or delay the performance of the parties' debts. The BUYER has the right to request the cancellation of the order, the replacement of the product subject to the contract with its equivalent if any, and/or the postponement of the delivery period until the obstructing situation is eliminated. In the event that the order is canceled by the BUYER, the amount paid in cash is returned to the BUYER within 14 days from the date of cancellation. For payments made by the BUYER with a credit card, the product amount is returned 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 bank to reflect the amount returned by the SELLER to the BUYER’s account may take 2 to 3 weeks, and that the BUYER cannot hold the SELLER responsible for possible delays after this amount is returned to the bank.

9.9. The SELLER has the right to reach the BUYER for communication, marketing, notification, and other purposes via mail, e-mail, SMS, phone call, and other means through the address, e-mail address, fixed and mobile phone lines, and other contact information provided by the BUYER in the registration form to the site or updated by the BUYER later. The BUYER accepts, declares, and undertakes that the SELLER may engage in the above-mentioned communication activities.

9.10. Before receiving the product subject to the contract, the BUYER will inspect it and not receive the damaged and defective product (such as broken, crushed, torn packaging, etc.) from the cargo company. The received product will be considered undamaged and intact. The obligation to carefully protect the product after delivery belongs to the BUYER. If the right of withdrawal is to be used, the product must not be used. The invoice must be returned.

9.11. In the event that the holder of the credit card used during the order is not the same person or a security vulnerability is detected regarding the credit card used in the order before the delivery of the product to the BUYER, the SELLER may request from the BUYER the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the bank of the cardholder indicating that the credit card belongs to them. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order.

9.12. The BUYER declares and undertakes that the personal and other information provided by the BUYER while becoming a member of the SELLER’s website is accurate, and that the BUYER will immediately and in writing compensate all damages incurred by the SELLER due to the inaccuracy of this information, upon the first notification by the SELLER.

9.13. The BUYER accepts and undertakes to comply with the provisions of legal regulations and not to violate them while using the SELLER’s website. Otherwise, all legal and penal obligations to arise will bind the BUYER completely and exclusively.

9.14. The BUYER may not use the SELLER’s website in a way that disrupts public order, violates general morality, disturbs or harasses others, infringes on the intellectual and copyright rights of others, or engages in unlawful activities. In addition, the member may not engage in activities that prevent or make it difficult for others to use the services (spam, viruses, Trojan horses, etc.).

9.15. Links to other websites and/or other content that are not under the SELLER’s control may be provided on the SELLER’s website. These links are provided for ease of reference and do not support any website or the person operating the site. The linked website and its contents are not under the SELLER’s control, and the SELLER is not responsible for the contents of any linked website or any link contained in a linked website, or for any review or update to such websites.

9.16. The SELLER who violates one or more of the articles listed in this contract will be personally responsible for the criminal and legal consequences of such violations and will keep the SELLER free from the criminal and legal consequences of these violations. Moreover, the SELLER reserves the right to claim compensation against the SELLER due to non-compliance with the contract if the event is referred to the legal field due to such a violation.

10. RIGHT OF WITHDRAWAL

10.1. The BUYER may use the right of withdrawal within 14 (fourteen) days from the delivery of the product subject to the contract to themselves or to the person/organization at the address indicated, without undertaking any legal or penal liability and without giving any reason, provided that they notify the SELLER via the following contact information.

SELLER’s CONTACT INFORMATION TO BE NOTIFIED OF THE RIGHT OF WITHDRAWAL: Title: TLY Foreign Trade and Logistics Limited Company Address: Yildirim Mahallesi, Sehir Parki Caddesi, No:27/A, 34045 Bayrampasa, Istanbul Email: [email protected] Phone: +90 212 614 4979 Fax: +90 212 578 6323

10.2. The duration of the right of withdrawal starts from the day the contract is signed in contracts related to service provision. However, the BUYER may also use the right of withdrawal from the establishment of the contract to the delivery of the service. In contracts for the delivery of goods, the duration of the right of withdrawal starts from the day the BUYER or the third party designated by the BUYER receives the goods.

10.3. In order to use the right of withdrawal, the SELLER must be notified in writing via registered mail, fax, or email within 14 (fourteen) days and the product must not be used within the framework of the provisions of Article 15 titled "Exceptions to the Right of Withdrawal" of this contract. If this right is exercised: a) The invoice of 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 along with the return invoice issued by the institution when returning. Order returns whose invoices are issued on behalf of the institutions will not be completed if the RETURN INVOICE is not issued.) b) The return form must be delivered completely and undamaged along with the box, packaging, and standard accessories, if any, of the products to be returned.

c) The SELLER must return the total price to the BUYER within 14 days from the receipt of the withdrawal notice and the return of the product, and any documents that put the BUYER under debt, to the BUYER.

d) If there is a decrease in the value of the goods or if the return becomes impossible due to the BUYER’s fault, the BUYER is liable to compensate the SELLER's damages at the rate of the BUYER's fault. However, the BUYER is not liable for any changes and deteriorations that occur due to the proper use of the goods or products within the period of the right of withdrawal.

e) If the campaign limit amount set by the SELLER is fallen below due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.

11. PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL

11.1. Goods that are prepared in line with the BUYER’s requests or personal needs and that are not suitable for return, are not eligible for the right of withdrawal. The BUYER also cannot exercise the right of withdrawal in the following contracts: a) Contracts for goods that are prepared according to the BUYER's wishes or clearly personalized and made special, b) Contracts for goods that are perishable or may expire, c) Contracts for goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and cannot be returned due to health protection and hygiene, d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature, e) Contracts for books, digital content, and computer consumables presented in material media if their protective elements such as packaging, tape, seal, package have been opened after delivery, f) Contracts for services provided or utilized in electronic environment immediately, g) Contracts for services started with the BUYER’s approval before the right of withdrawal period expires.

11.2. In order to return cosmetics and personal care products, underwear products, swimwear, bikinis, books, reproducible software and programs, DVDs, VCDs, CDs, and cassettes and stationery consumables (toner, cartridge, tape, etc.), their packages must be unopened, untested, intact and unused.

12. DEFAULT AND LEGAL CONSEQUENCES

The BUYER accepts, declares, and undertakes that if they default on the payment transactions made by credit card, they will pay interest within the framework of the credit card agreement made with the cardholder bank and be liable to the bank. In this case, the relevant bank may take legal action, claim the costs and attorney’s fees from the BUYER, and in any case, if the BUYER defaults due to the 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.

13. COURT OF JURISDICTION

Complaints and objections in disputes arising from this contract will be submitted to the arbitral tribunal or the consumer court where the BUYER’s place of residence is located within the monetary limits specified in the law below. Information on the monetary limit is as follows:

For applications to consumer arbitration committees for 2022, the value in dispute is: a) 10,390 (ten thousand three hundred ninety) Turkish Liras and below for applications to district consumer arbitration committees in metropolitan cities, b) 15,610 (fifteen thousand six hundred ten) Turkish Liras and below for applications to provincial consumer arbitration committees in metropolitan cities, c) 10,390 (ten thousand three hundred ninety) Turkish Liras and below for applications to provincial consumer arbitration committees in places that are not considered as metropolitan cities, d) 5,200 (five thousand two hundred) Turkish Liras and below for applications to district consumer arbitration committees in places that are not considered as metropolitan cities.

This contract is made for commercial purposes.

14. ENFORCEMENT

When the BUYER makes the payment for the order placed on the Site, the BUYER is deemed to have accepted all the terms of this contract. The SELLER is obliged to make software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER before the order is fulfilled.

SELLER: TLY Foreign Trade and Logistics Limited Company

BUYER: Name/Surname: Date: