1. PARTIES

This Agreement has been signed between the parties below within the framework of the terms and conditions specified below.

‘BUYER’ ; (hereinafter referred to as "BUYER" in this agreement)
NAME-SURNAME:
ADDRESS:
‘SELLER’ ; (hereinafter referred to as "SELLER" in this agreement)
NAME-SURNAME:  Ekspa Textile Industry Ltd. Co.
ADDRESS:  Karayolları Mah. Abdi Ipekci Cad. No: 36/C, GAZIOSMANPAŞA / ISTANBUL
By accepting this Agreement, the BUYER acknowledges that if they confirm the order subject to the agreement, they will incur the obligation to pay the order amount and any additional fees such as shipping costs and taxes, and that they have been informed about this in advance.

2. DEFINITIONS

The terms written below shall express the written explanations against them in the implementation and interpretation of this agreement.

MINISTER : The Minister of Customs and Trade,
MINISTRY : The Ministry of Customs and Trade,
LAW :  Law No. 6502 on the Protection of Consumers,
REGULATION : The Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)
SERVICE : The subject of any consumer transaction that is made or promised to be made for a fee or benefit, excluding the provision of goods,
SELLER :  The company that offers goods to the consumer in the scope of its commercial or professional activities, or acts on behalf of or in the name of the seller,
BUYER :  The individual or legal entity who acquires, uses, or benefits from goods or services for non-commercial or non-professional purposes,
WEBSITE :  The internet site belonging to the SELLER,
ORDERER:  The individual or legal entity who requests goods or services through the SELLER’s internet site,
PARTIES :  The SELLER and the BUYER,
AGREEMENT :  This contract concluded between the SELLER and the BUYER,
GOODS : Movable property that is the subject of the purchase and intangible assets prepared for use in electronic environments, such as software, sound, video, and similar.

3. SUBJECT

This Agreement regulates the rights and obligations of the parties in accordance with Law No. 6502 on the Protection of Consumers and provisions of the Regulation on Distance Contracts regarding the sale and delivery of the product whose characteristics and sale price are specified below, which the BUYER ordered electronically through the SELLER’s internet site.

4. SELLER INFORMATION

Title:  Ekspa Textile Industry Ltd. Co.
Address: M.Nesih Özmen Mah. Çınar Sok. No:35/35, Merter/ISTANBUL
Phone: 0 (212) 677 16 41
Email:  [email protected]

5. BUYER INFORMATION

Person to be delivered:
Delivery Address:
Phone:
Fax:
Email/username:

6. ORDERER PERSONAL INFORMATION

Name/Surname/Title:
Address:
Phone:
Fax:
Email/username:

7. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE AGREEMENT

Product Description:
Quantity:
Unit Price:
Subtotal: (Including VAT)
Shipping Cost:
Total :
Payment Method and Plan:
Delivery Address:
Person to be delivered:
Invoice Address:
Order Date:
Delivery date:
Delivery method:

8. INVOICE INFORMATION

Name/Surname/Title:
Address:
Phone:
Fax:
Email/username:
Invoice delivery: The invoice will be delivered with the order at the delivery address.

9. GENERAL PROVISIONS

9.1. The BUYER acknowledges, declares, and undertakes that they have read the basic characteristics of the product, the sale price, and the payment method on the SELLER's website, and have been informed about the delivery details. The BUYER also acknowledges, declares, and undertakes that they have obtained the address that should be provided by the SELLER to the BUYER before the establishment of the distance sales contract, the basic characteristics of the ordered products, the prices including taxes, and the payment and delivery information accurately and completely.

9.2. Each product subject to the Agreement will be delivered to the BUYER or to the person and/or organization designated by the BUYER at the address specified in the order within the period indicated in the preliminary information section on the website, without exceeding the 30-day legal period, depending on the distance of the BUYER's place of residence. In case the product cannot be delivered to the BUYER within this period, the BUYER's right to terminate the contract shall be reserved.

9.3. The SELLER agrees, declares, and undertakes to deliver the product subject to the Agreement intact, conforming to the specifications specified in the order, and to deliver any warranty documents, user manuals, and necessary information and documents in accordance with legal regulations, fulfilling the legal requirements. The SELLER shall execute the work in good faith, maintaining and improving service quality, exercising the necessary care and attention during the performance of the work, and acting 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 consent before the performance due date.

9.5. If the fulfillment of the obligations under the contract becomes impossible for the SELLER, the SELLER agrees, declares, and undertakes to inform the consumer in writing within 3 days from the date they learned of the situation and to refund the entire amount to the BUYER within 14 days.

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

9.7. After the product has been delivered to the BUYER or to the person and/or organization designated by the BUYER, in the event of unauthorized use of the BUYER's credit card by unauthorized persons, if the payment for the product subject to the Agreement is not made to the SELLER by the relevant bank or financial institution, the BUYER agrees, declares, and undertakes to return the product to the SELLER within 3 days, with the shipping cost being borne by the SELLER.

9.8. If a force majeure situation arises that prevents or delays the delivery of the product within the specified time, the SELLER agrees, declares, and undertakes to inform the BUYER of this situation. The BUYER also has the right to request cancellation of the order, exchange of the product for an equivalent if available, and/or postpone the delivery time until the cause of the force majeure is resolved. In case of cancellation of the order by the BUYER, the amounts paid in cash by the BUYER will be refunded within 14 days, and if the payment was made via credit card, the amount will be refunded to the relevant bank within 14 days following the cancellation.

9.9. The SELLER has the right to contact the BUYER through the address, email address, fixed and mobile phone lines, and other communication information provided by the BUYER in the registration form on the site or updated later for communication, marketing, notifications, and other purposes. By accepting this Agreement, the BUYER acknowledges that they accept the SELLER's engagement in these communication activities.

9.10. The BUYER will inspect the products before accepting delivery; they will not accept any damaged items such as those with dents, breaks, or torn packaging. The accepted goods/services will be deemed to be intact and undamaged. After delivery, it is the BUYER's obligation to carefully protect the product/service. If the right of withdrawal will be used, the product/service must not be used. The invoice must be returned.

9.11. If the cardholder of the credit card used during the ordering process is not the same person as the BUYER, or if a security breach regarding the credit card used in the order is detected before the delivery of the product to the BUYER, the SELLER may request identity and communication information of the cardholder, a statement from the bank confirming the ownership of the credit card, and/or the credit card statement for the previous month from the BUYER. The order will be suspended until the BUYER provides the requested information/documents, and if the 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 when registering on the SELLER’s website is accurate and that they will compensate the SELLER for all damages arising from any inaccuracies in this information upon the SELLER's first notification.

9.13. The BUYER acknowledges and undertakes to comply with and not to violate the legal provisions while using the SELLER’s website. Otherwise, all legal and penal liabilities will completely and exclusively bind the BUYER.

9.14. The SELLER’s website may contain links to other websites and/or content that are not under the control of the SELLER and/or owned and/or operated by third parties. These links are provided for the convenience of directing the BUYER and do not support any website or the person operating that site, nor do they provide any guarantee regarding the information contained in the linked website.

9.15. The member who violates one or more of the articles specified in this agreement will be personally liable for the violation and will hold the SELLER harmless from the legal and penal consequences of these violations. Furthermore, in the event that the incident is brought to the legal realm, the SELLER reserves the right to demand compensation from the member for non-compliance with the membership agreement.

10. RIGHT TO WITHDRAWAL

10.1. If the distance contract concerns the sale of goods, the BUYER may exercise their right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the product to themselves or to the person/entity at the designated address, without assuming any legal or penal responsibility and without providing any justification, by notifying the SELLER. In cases of distance contracts concerning the provision of services, this period starts from the date the contract is signed. If the service contract has commenced with the consumer's consent before the withdrawal period ends, the right of withdrawal cannot be exercised. The costs arising from the exercise of the right of withdrawal are borne by the SELLER. The BUYER agrees in advance that they have been informed about the right of withdrawal by accepting this contract.

10.2. To exercise the right of withdrawal, the BUYER must notify the SELLER either by registered mail, fax, or email within the 14-day period and the product must not be used within the framework of the "Products for which the Right of Withdrawal Cannot Be Exercised" provisions set forth in this Agreement. In exercising this right,

a) The invoice of the product delivered to the 3rd party or the BUYER (If the invoice is corporate, it must be sent together with the return invoice issued by the institution at the time of return. Returns of invoices issued on behalf of institutions cannot be completed unless a RETURN INVOICE is issued.)

b) The return form, as well as the box, packaging, and any standard accessories of the products to be returned, must be delivered intact and undamaged.

c) The SELLER is obliged to refund the total amount and the documents binding the BUYER within 10 days from the date the withdrawal notice is received, and to receive the goods back within 20 days.

d) If the value of the goods decreases or if the return becomes impossible due to the BUYER's fault, the BUYER shall be liable to compensate the SELLER for the damages, proportionate to their fault. However, the BUYER shall not be responsible for any changes and damages resulting from proper use of the product within the withdrawal period.

e) If the campaign limit amount set by the SELLER is violated due to the use of the right of withdrawal, the discount amount obtained from the campaign will be canceled.

PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Products prepared specifically for the BUYER’s request or clearly based on personal needs that are not suitable for return, such as underwear, swimwear, makeup materials, consumables, goods that are likely to spoil quickly or have a potential expiration date, items that cannot be returned for health and hygiene reasons once opened, products that are mixed with other items after delivery and therefore cannot be separated, and goods related to periodic publications such as newspapers and magazines unless provided under a subscription contract, as well as services performed immediately in electronic environments or intangible goods delivered immediately to the consumer, as well as audio or video recordings, books, digital content, software programs, devices capable of recording and storing data, and computer consumables, cannot be returned if the packaging has been opened.

Moreover, the right of withdrawal cannot be exercised for services commenced with the consumer's consent before the expiration of the withdrawal period.

Cosmetics and personal care products, underwear, swimwear, books, copyable software and programs, DVDs, VCDs, CDs, and cassettes, as well as stationery consumables (toner, cartridges, ribbons, etc.) must be unopened, untried, unspoiled, and unused for returns to be accepted.

12. DEFAULT AND LEGAL CONSEQUENCES

If the BUYER defaults in the payment transactions made through credit card, they agree, declare, and undertake to be responsible for paying interest according to the credit card agreement with the issuing bank, and the bank may resort to legal avenues and claim any expenses and attorney fees from the BUYER. In any case, if the BUYER defaults on the debt, they agree, declare, and undertake to compensate the SELLER for any loss or damages caused by the delayed performance of the debt.

13. COMPETENT COURT

In disputes arising from this agreement, complaints and objections shall be made to the Consumer Arbitration Committee or the consumer court at the place of residence of the consumer or where the consumer transaction was conducted, within the monetary limits specified in the law below. The information regarding the monetary limits is as follows: effective from 28/05/2014:

a) According to Article 68 of Law No. 6502 on the Protection of Consumers, disputes below 2,000.00 (two thousand) TL shall be directed to district consumer arbitration committees,

b) Disputes below 3,000.00 (three thousand) TL shall be directed to provincial consumer arbitration committees,

c) In metropolitan areas, disputes valued between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL shall be directed to provincial consumer arbitration committees. This Agreement is made for commercial purposes.

14. ENTRY INTO FORCE

When the payment for the order placed through the site is made, it shall be deemed that all conditions of this agreement have been accepted.

The SELLER is obligated to make necessary software arrangements to obtain consent from the BUYER indicating that this agreement has been read and accepted prior to the execution of the order.

SELLER: Ekspa Textile Industry Ltd. Co.
BUYER:
DATE: