Distance Sales Agreement

PARTIES

Seller:

• Simpaş Tourism Inc.
• Mersis No: 0781014702900010
• Address: 30 Ağustos Mah. 2. Meriç Sk. No:20
• Phone: 0274 212 10 04
• Email: [email protected]

SUBJECT

The subject of this Distance Sales Agreement (hereinafter referred to as "Agreement") is the determination of the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts, regarding the sale and delivery of the product ordered online by the Buyer from the Seller through the website www.kutahyayoresel.com.tr, the details and sales price of which are specified below.

PRODUCT, PAYMENT, AND DELIVERY INFORMATION

The name, quantity, VAT-included sales price, payment method, and main characteristics of the products subject to this Agreement between the Seller and the Buyer are as follows, and in the event of order placement upon the approval of this Agreement, this information will be used as invoice details:

This information must be accurate and complete, otherwise, the Buyer will be fully responsible for any damages that may arise, and the Buyer will bear all responsibility for any consequences. The Seller reserves the right to suspend the relevant order if the information provided by the Buyer is found to be incomplete or incorrect or if deemed necessary. In such cases, the Seller will first attempt to contact the Buyer through the communication details provided by the Buyer, and may freeze the order's activation during this time. If the Buyer cannot be reached or no response is received from the Buyer within this period, the Seller may cancel the order.

GENERAL TERMS

1. The Buyer declares that they have read and are informed about the basic characteristics of the product subject to the Agreement, the total sale price including all taxes, the payment method, and the delivery-related preliminary information on the www.kutahyayoresel.com.tr website owned by the Seller, and that they have provided the necessary confirmation in electronic form. If the order is placed, the Buyer is deemed to have accepted all terms of this Agreement.

2. By electronically confirming this Agreement, the Buyer confirms that they have obtained the correct and complete address, the basic characteristics of the ordered products, the price of the products including taxes, and the payment and delivery information required to be provided to the consumer by the Seller before the execution of the distance contracts.

3. The product subject to the Agreement will be delivered to the Buyer or the person/institution indicated by the Buyer at the address specified, within the period stated in the website’s preliminary information and not exceeding the legal 30 (thirty) days, depending on the distance of the Buyer's place of residence. Generally, unless explicitly stated otherwise (as long as the order amount is 50.-TL (Fifty Turkish Lira) or more), delivery costs are covered by the Seller. The Seller may, depending on the campaigns in effect at the time of sale and the conditions announced on the website, choose not to charge some or all of the delivery costs to the Buyer.

4. The delivery of the product subject to the Agreement is limited to the delivery area of the cargo company contracted by the Seller. The Seller’s responsibility ends at the point where the delivery area of the contracted cargo company ends.

5. If the product subject to the Agreement is to be delivered to a person or institution other than the Buyer, the Seller cannot be held responsible if the person or institution to be delivered to does not accept the delivery and/or is not present at the address. In such cases, any damages arising from the Buyer receiving the product late and the costs resulting from the product waiting at the cargo company and/or the return of the cargo to the Seller are the responsibility of the Buyer.

6. The Buyer is responsible for inspecting the product at the time of delivery and not accepting the product and having the cargo company officer prepare a report if there is an issue caused by the cargo. Otherwise, the Seller will not accept responsibility.

7. The Seller is responsible for delivering the product subject to the Agreement in a sound, complete manner, in accordance with the characteristics specified in the order.

8. If it is not possible to deliver the product within the legal maximum period of 30 (thirty) days due to extraordinary circumstances beyond the normal sales/delivery conditions, the Seller will inform the Buyer about the delivery. In such a case, the Buyer may cancel the order or wait until the extraordinary situation ends.

9. The Seller may, with the explicit consent of the Buyer and upon providing prior information to the Buyer, supply a different product of equal quality and price to fulfill the obligations under the Agreement before the deadline.

10. In cases where the product subject to the Agreement cannot be supplied, or if it becomes impossible to fulfill the obligation due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation or interruptions in communication, the Seller may supply a different product of equal quality and price, provided they obtain the explicit consent of the Buyer and inform them clearly within 7 (seven) days from the date they learn of this situation. The Seller is considered to have fulfilled their obligation under the Agreement by doing so. If the Buyer does not provide consent, the order is canceled and any payments made (including any delivery costs if applicable) are refunded within 14 (fourteen) days from the notification date (the provisions for the termination of the Agreement will apply). If the force majeure exceeds 30 (thirty) days and the performance of all obligations under the Agreement becomes completely impossible, each party will have the right to terminate the Agreement unilaterally.

11. The delivery of the product subject to the Agreement is conditional upon the approval of this Agreement and the payment of the product price using the payment method chosen by the Buyer. If for any reason the product price is not paid or canceled in the bank records, the Seller is deemed to be released from the obligation to deliver the product.

12. After the delivery of the product, if the relevant bank or financial institution does not pay the Seller the product price due to unauthorized or unlawful use of the Buyer's credit card by unauthorized persons, which is not due to the fault of the Buyer, the Buyer is obliged to send the product back to the Seller within 3 (three) days, provided it has been delivered to them. In such a case, transportation costs are the responsibility of the Buyer.

13. The Buyer agrees and undertakes to comply with legal regulations while using the Seller's website and not to use it in any way that disrupts public order, violates general morality, or acts against the law. Otherwise, all legal and penal obligations that may arise will bind the Buyer exclusively.

RIGHT OF WITHDRAWAL

1. The Buyer has the right to withdraw from the Agreement within 14 (fourteen) days without providing any reason and without paying any penalties.

2. The withdrawal period begins on the day the product subject to the Agreement is delivered to the Buyer or the person/institution specified by the Buyer.

3. To exercise the right of withdrawal, it is mandatory to notify the Seller clearly within the legal period, either by using the Withdrawal Form or via fax or email. If fax or email is used to exercise the right of withdrawal, it is mandatory to use the form example provided in the last clause of the Agreement and/or to notify the information in this form example completely.

4. The Buyer cannot exercise the right of withdrawal in the following cases:

   • Products prepared according to the consumer's requests or personal needs.
   • Products that may deteriorate quickly or expire soon.
   • Products that are not suitable for return due to health and hygiene reasons, whose protective elements like packaging, tape, seal, package have been opened after delivery.
   • Products that are mixed with other products after delivery and cannot be separated by nature.

5. In case of exercising the right of withdrawal, the Buyer must send the product back to the Seller within 10 (ten) days from the date of notification of the exercise of the right of withdrawal. It is mandatory to send the cargo delivery receipt or tracking number information for the product delivered to the Buyer or the person/institution specified by the Buyer and if the original invoice has been sent with the product, to send the original invoice back to the Seller. The product price is refunded to the Buyer within 14 (fourteen) days following the receipt of this document/information. If the original invoice has been sent with the product and the original invoice is not returned, VAT and other legal obligations cannot be refunded.

6. If the product returned due to the right of withdrawal is sent back via the contracted cargo company, Yurtiçi Kargo, the shipping cost will be covered by the Seller; otherwise, the shipping cost will be borne by the Buyer.

GENERAL TERMS

1. Persons under the age of 18 cannot make purchases from the Seller.

2. The Seller is not responsible for price errors arising from typographical and system errors.

3. The necessary measures have been taken within the system infrastructure of the Seller to ensure the security of the information and transactions entered by the Buyer and these measures have been taken to the extent of technical possibilities according to the nature of the information and transactions. However, since the information is entered by the Buyer from their device, the responsibility to protect this information and prevent access by malicious third parties, including but not limited to viruses and other harmful applications, lies with the Buyer.

AUTHORIZED COURT

In the implementation of this Agreement, the Consumer Arbitration Committees of the Provincial and District, announced by the Ministry of Commerce, are authorized up to the value declared by the Ministry, and in cases exceeding this limit, the Consumer Courts in the Buyer's or Seller's place of residence are competent.