Distance Sales Agreement

1.⁠ ⁠PARTIES

The following Parties have accepted, declared, and undertaken the terms and conditions set forth below in this AGREEMENT. The Parties will hereinafter be referred to collectively as the "Parties" and individually as a "Party."

'BUYER'; (hereinafter referred to as "BUYER" in the CONTRACT.)

NAME- SURNAME: [invoice-username]

ADDRESS: [billing address]

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

LOY TEXTILE TRADE IMPORT AND EXPORT LTD. CO.

ADDRESS: TEŞVİKİYE NEIGHBORHOOD ŞAKAYIK STREET NO 22-24 ŞİŞLİ/İSTANBUL

ESENYURT TAX OFFICE VNO: 6091275393

By accepting this AGREEMENT, the BUYER accepts in advance that he/she will be obliged to pay the order price and additional fees such as shipping costs and taxes, if any, and that he/she has been informed about this, if he/she approves the order subject to the Agreement.

2.⁠ ⁠DEFINITIONS

In the application and interpretation of this AGREEMENT, the terms written below will refer to the written explanations opposite them.
LAW: Consumer Protection Law No. 6502,
REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit,
SELLER: A company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf of or on behalf of those offering goods,
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes and requests the good or service through the SELLER's website.
SITE: The website of the SELLER,
PARTIES: SELLER and BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS/PRODUCT: It refers to the movable goods subject to shopping and software, sound, images and similar intangible goods prepared for use in electronic environment.

3.⁠ ⁠TOPIC

This AGREEMENT regulates the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation regarding the sale and delivery of the product, the qualities and sales price of which are specified, which the BUYER ordered electronically through the SELLER's WEBSITE.

Prices listed and announced on the WEBSITE are sales prices. Advertised prices and promises are valid until updated or changed. Prices advertised for a limited period are valid until the end of the specified period.

4.⁠ ⁠SELLER INFORMATION

Title: LOY TEXTILE TRADE IMPORT AND EXPORT LIMITED COMPANY
Address: TEŞVİKİYE NEIGHBORHOOD ŞAKAYIK STREET NO 22-24 ŞİŞLİ
Phone: 0531 376 08 94
Email: info@theofnite.com

5.⁠ ⁠BUYER INFORMATION

Delivery person: [invoice-username]
Delivery Address: [billing-address]
Phone: [phone-no]
Email/username:

7.⁠ ⁠CONTRACTUAL PRODUCT/PRODUCTS INFORMATION

7.1 The basic characteristics of the goods/products/services (type, quantity, brand/model, color, number) are published on the SELLER's WEBSITE. If the Seller has organized a campaign, you can review the basic characteristics of the relevant product during the campaign period. The campaign is valid until its expiration date.
7.2. The prices listed and announced on the WEBSITE are the sales prices. Advertised prices and promises are valid until updated or changed. Prices announced for a limited period are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.

Product Description
Order Content and Total: [basket-amount]
Order Date: [date]

7.4. The shipping fee, which is the cost of shipping the product, will be paid by the SELLER.

8.⁠ ⁠INVOICE INFORMATION

Name on Invoice: [invoice-username]
Billing Address: [billing-address]
Invoice delivery: The invoice will be delivered along with the order to the billing address during order delivery.

9.⁠ ⁠GENERAL PROVISIONS

9.1. The BUYER acknowledges, declares, and undertakes that it has read and is aware of the basic characteristics, sales price, payment method, and delivery information regarding the product subject to the CONTRACT on the SELLER's WEBSITE, and has provided the necessary confirmation electronically. By electronically confirming the Preliminary Information, the BUYER acknowledges, declares, and undertakes that it has obtained the address that should have been provided to the BUYER by the SELLER before the CONTRACT was formed, the basic characteristics of the ordered products, the price of the products including taxes, and payment and delivery information, all accurately and completely.
9.2. Each product subject to the CONTRACT will 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, depending on the distance from the BUYER's residence, provided that the legal period does not exceed 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the CONTRACT.
9.3. SELLER accepts, declares and undertakes to deliver the product subject to the CONTRACT in full, in accordance with the specifications specified in the order and with warranty documents, user manuals, and necessary information and documents, if any, free from any defects, in accordance with the requirements of legal regulations, in a sound manner and in accordance with the standards, in accordance with the principles of honesty and integrity, to maintain and improve the 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 his/her explicit approval before the expiration of the performance obligation arising from the CONTRACT.
9.5. The SELLER accepts, declares and undertakes that if it cannot fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, it will notify the consumer in writing within 3 days from the date it becomes aware of this situation and will refund the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that it will confirm this CONTRACT electronically for the delivery of the product subject to the contract, and that if the price of the product subject to the contract is not paid for any reason and/or is cancelled in the bank records, the SELLER's obligation to deliver the product subject to the contract will be terminated.
9.7. If the price of the product subject to the CONTRACT is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized use of the BUYER's credit card by unauthorized persons after the delivery of the product subject to the CONTRACT to the BUYER or to the person and/or organization at the address indicated by the BUYER, the BUYER accepts, declares and undertakes to return the product subject to the CONTRACT to the SELLER within 3 days, with the shipping costs being borne by the SELLER.
9.8. If the SELLER is unable to deliver the product subject to the CONTRACT within the specified time due to force majeure events beyond the control of the Parties, unforeseen circumstances that prevent and/or delay the fulfillment of the Parties' obligations, the SELLER acknowledges, declares, and undertakes to notify the BUYER of the situation. The BUYER also has the right to request from the SELLER that the order be canceled, the product subject to the CONTRACT be replaced with a comparable product, if any, and/or the delivery time be postponed until the preventing circumstances are resolved. In the event of cancellation of the order by the BUYER, the product price for payments made by the BUYER via credit card will be refunded to the relevant bank within 14 days of the order being canceled by the BUYER. 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 up to 2 to 3 weeks, and since the reflection of this amount in the BUYER's account after its refund to the bank is entirely related to the bank transaction process, BUYER accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.
9.9. SELLER has the right to contact BUYER for communication, marketing, notification, and other purposes via letter, email, SMS, phone calls, and other means, using the address, email address, fixed and mobile telephone lines, and other contact information specified by BUYER in the SITE registration form or subsequently updated by BUYER. By accepting this AGREEMENT, BUYER acknowledges and declares that SELLER may engage in the aforementioned communication activities.
9.10. The BUYER will inspect the goods/services subject to this CONTRACT before accepting them; they will not accept damaged or defective goods/services (such as those with crushed, broken, torn packaging, etc.) from the cargo company. The goods/services received will be deemed undamaged and intact. The BUYER is responsible for the careful preservation of the goods/services after delivery. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned.
9.11. If the BUYER and the credit card holder used during the order are not the same person or if a security breach is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to present 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 card holder's bank stating that the credit card belongs to him/her. The order will be frozen until the BUYER provides the requested information/documents and if the said 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 given by the SELLER when registering to the SITE is true and accurate, and that he will compensate the SELLER for any damages that may be incurred due to the inaccuracy of this information, immediately, in cash and at once, upon the first notification from the SELLER.
9.13. The BUYER accepts and undertakes to comply with and not violate the provisions of the legislation when using the SELLER's WEBSITE. Otherwise, all legal and criminal liabilities that may arise will be fully and exclusively binding on the BUYER.
9.14. BUYER may not use SELLER's WEBSITE in any way that disrupts public order, violates general morality, disturbs or harasss others, for any illegal purpose, or infringes on the material or moral rights of others. Furthermore, members may not engage in any actions that prevent or obstruct others from using the services (spam, viruses, Trojan horses, etc.).
9.15. SELLER's WEBSITE may contain links to other websites and/or other content that are not under SELLER's control and/or owned and/or operated by third parties. These links are provided for the purpose of facilitating navigation for BUYER and do not endorse any website or the person operating that site and do not constitute any guarantee regarding the information contained on the linked website.
9.16. Any member who violates one or more of the articles listed in this AGREEMENT shall be personally and legally liable for such violation and shall hold the SELLER harmless from any legal or criminal consequences arising from such violation. Furthermore, if the incident is brought to court due to such violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.

10.⁠ ⁠RIGHT OF WITHDRAWAL

10.1. If the contract relates to the sale of goods, the BUYER may exercise the right of withdrawal from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to the BUYER or to the person/organization at the address provided, without assuming any legal or criminal liability and without giving any reason, provided that he/she notifies the SELLER. Expenses arising from the exercise of the right of withdrawal shall be the responsibility of the SELLER. By accepting this CONTRACT, the BUYER acknowledges in advance that he/she has been informed of the right of withdrawal.
10.2. In order to exercise the right of withdrawal, the BUYER must notify the SELLER in writing by registered mail, fax or e-mail within 14 (fourteen) days from the delivery of the goods to the BUYER and must not have used the product in accordance with the provisions of "Products for which the Right of Withdrawal Cannot Be Used" set out in this CONTRACT. In case of exercising the right of withdrawal,
a) The invoice of the product delivered to the 3rd party or the BUYER (If the invoice of the product to be returned is from a corporate company, it must be sent together with the return invoice issued by the company. Returns of orders whose invoices are issued in the name of companies cannot be completed unless a RETURN INVOICE is issued.) must be sent to the SELLER.
b) The return form (located on the back of the delivery note invoice delivered to the BUYER along with the product) must be sent to the SELLER.
c) The products to be returned must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the BUYER indebted to the BUYER within 10 days from the date of receipt of the notice of withdrawal, and the BUYER is obliged to return the goods within 10 days.
e) If the value of the goods decreases or return becomes impossible due to a reason arising from the BUYER's fault, the BUYER is obligated to compensate the SELLER for damages to the extent of the BUYER's fault. However, the BUYER is not responsible for any changes or deterioration that occur due to improper use of the goods or product during the right of withdrawal period.
f) If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.

11.⁠ ⁠PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

According to the Regulation, it is not possible to return underwear bottoms (both pieces if the bottom and top are sold as a set), swimsuits and bikini bottoms (both pieces if the bottom and top are sold as a set), make-up materials, disposable products, goods that are in danger of rapid deterioration or may have expired, products that are not suitable for return in terms of health and hygiene if the packaging is opened by the BUYER after being delivered to the BUYER, products that are mixed with other products after being delivered and cannot be separated by their nature, goods related to periodical publications such as newspapers and magazines, other than those provided under a subscription agreement, services performed instantly in electronic media or intangible goods delivered instantly to the consumer, audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if the packaging has been opened by the BUYER. Furthermore, pursuant to the Regulation, it is not possible to exercise the right of withdrawal for services that have begun to be performed with the consumer's approval before the expiry of the right of withdrawal period.

In order for cosmetics and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) to be returned, their packaging must be unopened, untested, undamaged, and unused.

12.⁠ ⁠DEFAULT EVENT AND ITS LEGAL CONSEQUENCES

BUYER acknowledges, declares, and undertakes that if payment is made by credit card and the BUYER goes into default, the BUYER will pay interest and be liable to the bank within the framework of the credit card agreement between the bank and the cardholder. In such a case, the relevant bank may take legal action and claim any resulting expenses and attorney fees from the BUYER. In any case, if the BUYER defaults on a debt, the BUYER acknowledges, declares, and undertakes to pay the SELLER for any losses and damages incurred due to the delayed payment of the debt.

13.⁠ ⁠AUTHORITY IN CHARGE

Complaints and objections regarding disputes arising from this AGREEMENT shall be submitted to the consumer arbitration committee or consumer court in the place where the consumer resides or where the consumer transaction was conducted, within the monetary limits specified in the following law. Information regarding the monetary limits is provided below:
As of 28/05/2014, in accordance with the relevant articles of the Consumer Protection Law No. 6502:
68.⁠ ⁠a) In disputes with a value below 2,000.00 (two thousand) TL, to the district consumer arbitration committees,
69.⁠ ⁠b) In disputes with a value below 3,000.00 (three thousand) TL, to the provincial consumer arbitration committees,
70.⁠ ⁠c) In provinces with metropolitan status, applications are made to the provincial consumer arbitration committees for disputes between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL.

Consumer Courts have jurisdiction over disputes above these values.

14.⁠ ⁠ ENFORCEMENT

By making payment for an order placed through the WEBSITE, the BUYER is deemed to have accepted all terms of this AGREEMENT. The SELLER is obligated to make the necessary software arrangements to obtain confirmation on the WEBSITE that the BUYER has read and accepted this AGREEMENT before the order is placed.