Distance Sales Agreement

SALES PERSON :

Vendor Name: Vuqu

Address: Nispetiye Mah. Gazi Gucnar Sk. Uygur Business Center No:4 Inner door n:2 Beşiktaş Istanbul

Phone: +90 (533) 688 33 50

Website: www.vuqu.com.tr

Seller E-mail: info@vuqu.com.tr

The Cargo Company to which the Buyer will Send the Product/Products to the Seller in case of Return: Yurtiçi Kargo

BUYER :

Name Surname: Name and Surname part filled in by the Buyer in the order form.

Address: The Address part filled in by the Buyer in the order form.

Phone: The Phone part filled in by the Buyer in the order form.

Recipient E-mail: The E-mail part filled in by the Buyer in the order form.

ARTICLE 2 – PRODUCTS SUBJECT TO ORDER

Product(s) offered for sale via https://vuqu.com.tr.

ARTICLE 3 – SUBJECT OF THE AGREEMENT

3.1. The subject of this Distance Sales Agreement (hereinafter referred to as the “Agreement”) is the Buyer’s website with the domain name https://ventulus.com.tr of the Seller (hereinafter briefly referred to as the “Website”). (hereinafter referred to as .) is the determination of the rights and obligations of the Parties in relation to the sale and delivery of the Product/Products purchased by placing an order in the electronic environment, the qualifications and sales price of which are stated on the Website.

3.2.This Distance Sales Contract (“Agreement”) has been drawn up in accordance with the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts. The parties to this Agreement are bound by the obligations and obligations arising from the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts under this Contract. They accept and declare that they know and understand their responsibilities.

3.3. The buyer has information about the basic characteristics, sales price, quantity, payment method, delivery conditions and all similar information about the Product/Products subject to sale, as well as the cancellation and return conditions, confirms these information on his/her own will in the electronic environment, and then confirms that the Product/Products He/she accepts and declares that he/she has purchased the .

3.4. All information on the Website, Terms of Use and Confidentiality Agreement are annexes and inseparable parts of this Agreement.

ARTICLE 4 – RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1.The Seller is obliged to send the Product(s) ordered through the Website in full within the delivery date after the payment is made in full.

4.2.The Buyer is obliged to provide legal, up-to-date, correct and complete information such as name, surname, address, telephone, e-mail address when placing an order on the Website.

ARTICLE 5 – PROVISIONS REGARDING THE ORDER(S)

5.1.The parties to this Agreement are the Buyer and the Seller. In this context, all obligations and responsibilities related to the performance of this Agreement belong to the parties of the Agreement.

5.2.The Buyer declares that he has read the preliminary information uploaded by the Seller regarding the basic characteristics, sales price and payment method, as well as the delivery and cargo cost of the Contractual Product/Products on the Website, and has given the necessary confirmation in electronic environment.

5.3.Buyers, as Consumers, can deliver their requests and complaints to the Seller contact information above or to the communication channels provided by the Website. The Buyer is obliged to confirm this Agreement and all the information forms on the Website electronically. In addition, the Buyer confirms that he has obtained the basic features of the ordered Product/Products, the price of the Product/Products including taxes, payment and delivery and delivery price information accurately and completely.

5.4. Without the Buyer’s inspection of the Product/Products subject to the Contract before receiving it; damaged, broken, torn packaging, etc. In case of receiving the damaged and defective Product/Products from the cargo company, the responsibility belongs entirely to him. The Product/Products received by the buyer from the cargo company officer shall be deemed to be undamaged and intact. The responsibility and damages of the Product/Products after delivery belong to the Buyer. If the relevant bank or financial institution fails to pay the price of the Product/Products to the Seller due to the unfair or unlawful use of the Buyer’s credit card by unauthorized persons, not due to the Buyer’s fault, after the delivery of the Product/Products, the Buyer shall deliver it to him/her. is obliged to return the purchased Product(s) to the Seller within 3 (three) days. In this case, the delivery costs belong to the Buyer.

5.5. The Buyer agrees in advance that the return conditions will change depending on whether the Product(s) he/she has ordered is a personal or corporate order. In this context, the Buyer accepts in advance that he/she has no right to return the Product/Products if the Product/Products are specially prepared for him/her, regardless of legal or real person.

ARTICLE 6 – RIGHT OF WITHDRAWAL

The Buyer may return the purchased Product/Products within 14 (fourteen) days from the date of delivery, without taking any legal or penal liability and without giving any reason, using the right of withdrawal. Notification of the right of withdrawal and other notifications regarding the Contract will be sent through the communication channels of the Seller and specified on the Website. In order to exercise the right of withdrawal, it is obligatory to notify the Seller within the period in accordance with the provisions of the legislation and the right of withdrawal option on the Website. In case the right of withdrawal is exercised: a) The Buyer sends the Product/Products back to the Seller within 10 (ten) days from the use of the right of withdrawal. b) The Product/Products to be returned within the scope of the right of withdrawal must be returned in a complete and undamaged condition along with the Product/Products, if any, including the box, packaging, standard accessories, if any. Within 14 (fourteen) days following the exercise of the right of withdrawal, the price of the Product/Products is returned to the Buyer as paid. When returning the Product/Products to the Seller, the original invoice submitted to the Buyer during the delivery of the Product/Products must also be returned by the Buyer.

As long as the Buyer sends the Product/Products to be returned to the Seller with the contracted cargo company of the Seller specified in the Distance Sales Agreement form, the return shipping fee is not paid. If the Buyer sends the Product/Products to be returned with another cargo company other than the Seller’s contracted cargo company specified in the Distance Sales Agreement form, he/she pays the return shipping cost and the Seller is not responsible for the damage incurred by the Product/Products during the shipping process.

ARTICLE 7 – CASES WHERE THE RIGHT TO USE THE RIGHT TO USE

The right of withdrawal cannot be used in the following cases:

• a) The right of withdrawal cannot be used for Products/Products whose price varies depending on fluctuations in financial markets and is not under the control of the seller.
• b) The right of withdrawal cannot be used for Products/Products that are specially prepared for the consumer, prepared in accordance with the consumer’s requests.
• c) The right of withdrawal cannot be used for Products/Products whose protective elements such as packaging, tape, seal, package have been opened after delivery.
• d) The right of withdrawal cannot be used for Products/Products whose return is not suitable in terms of health and hygiene.
• e) The right of withdrawal cannot be used for Products/Products related to books, audio or video recordings, software programs and computer consumables that are presented in material medium and whose protective elements such as packaging, tape, seal, package have been opened by the consumer.
• f) The right of withdrawal cannot be used for Products/Products related to the delivery of periodicals such as newspapers and magazines, except those provided under the subscription agreement.
• g) The right of withdrawal cannot be used for contracts related to services that must be performed on a specific date or period, such as accommodation, goods transportation, car rental, food and beverage supply and entertainment or recreation purposes.
• h) The right of withdrawal cannot be used for contracts related to the performance of services related to betting and lottery.
• i) The right of withdrawal cannot be used for contracts related to services that have been started with the approval of the consumer before the right of withdrawal period expires.
• i) The right of withdrawal cannot be used for contracts related to services that are performed instantly in electronic environment and intangible goods that are delivered instantly to the consumer and Products/Products that are excluded from the scope of application of the Regulation on Distance Contracts (food items, beverages or other daily consumption items delivered to the consumer’s residence with regular deliveries by the seller, services in areas such as travel, accommodation, catering, entertainment sector). The cancellation and refund conditions of such Products/Services offered for sale in the holiday category are subject to the Seller’s application and rules.

ARTICLE 8 – CANCELLATION AND REFUND CONDITIONS

8.1.Within the scope of this Agreement, as a rule, it is not possible to cancel or return the Product/Products produced in accordance with the Buyer’s special requests and demands or made special to the Buyer by making changes or additions.

8.2. Within the scope of this Agreement, the Buyer accepts and declares that she cannot return the jewelry and accessories offered for sale under the Accessories category on the https://ventulus.com.tr website and cannot use her right of withdrawal.(dişil)

8.3. The Buyer has the right to completely abandon the order before the ordered Product(s) are shipped. The Buyer must notify the Seller in a timely manner by writing this waiver request electronically to the e-mail address specified on the Website. If the Buyer notifies the Seller on time, the product price will be returned to him within 10 (ten) business days. Or, upon the Buyer’s request and approval, this amount can be kept in the Buyer’s account and a special coupon code can be defined for the Buyer so that he can use it in his future orders.

8.4.The Buyer agrees in advance with this Agreement that Cancellation and Return transactions will not be accepted in the event that the Product/Products, which he/she passes through the Website, reach the Seller in a way that cannot be resold (in case of battered, used, damaged packaging, etc.).

8.5.In the Cancellation, Return and Withdrawal transactions, the Buyer does not pay the shipping fee if he/she returns the Product/Products to which he/she has ordered, in a complete and intact manner, with the courier company specified in this Agreement, with which the Seller has an agreement. However, if he sends it with a different cargo company, he accepts in advance with this Agreement that he will pay all the shipping costs.

8.6.If the Buyer wishes to cancel the Product/Products for which he has ordered, the ordered Product/Products shall be returned to him within 10 (ten) working days by deducting the fees for the transactions (gift package, special design, etc.), if any, until the cargo stage. agrees in advance.

ARTICLE 9 – DELIVERY AND DELIVERY METHOD OF THE PRODUCT/PRODUCTS

9.1.The Product/Products subject to the order shall be delivered to the address specified by the Buyer during the order, unless otherwise specified in writing by the Buyer. If it is requested to be delivered to a different address, the e-mail address specified on the Website must be notified electronically within 3 hours after the order is placed. The buyer accepts, declares and undertakes that the information given during the order regarding the delivery is correct and up-to-date, and that the order can be received by himself or the buyers he has determined, only upon presentation of his identity.

9.2.As a rule, delivery costs belong to the Buyer. If the Seller declares on the Internet Site that the delivery fee of those who shop above the amount declared during the transaction period in the system will be covered by him or that he will make free delivery within the campaign, the delivery cost will be borne by the Seller. However, the Seller is free to determine under which conditions the delivery will be covered by him and does not make any commitment regarding the delivery fee.

9.3.delivery; It is done as soon as possible, depending on the production time for ready-made Product/Products, and not exceeding 30 (thirty) days after the price of the product subject to the order is transferred to the Seller’s account. The Buyer accepts in advance that although the Product/Products that he has ordered has been offered for sale on the Website, the stock status will not be available and he will wait for the production period in advance.

9.4. Buyer accepts in advance that orders placed on Saturdays, Sundays and public holidays will be accepted as placed on the first business day following the confirmation of payment information.

ARTICLE 10 – RESPONSIBILITY OF THE SELLER AGAINST THE DEFECT

10.1. The Buyer, pursuant to the Turkish Commercial Code No. 6102; is responsible for checking for defects during the delivery of the ordered Product/Products.

10.2. The Buyer is obliged to notify the Seller within 3 (three) days, in accordance with Article 23/c of the Turkish Commercial Code No. 6102, in case of a clearly visible defect in the delivered Product/Products. Otherwise, the Buyer shall be deemed to have accepted the delivered Product/Products as defective, in accordance with Article 223 of the Turkish Code of Obligations No. 6098.

10.3. The Buyer’s obligation to inspect and control (inspect and/or have the product inspected) against obvious (hidden) defects in the Product/Products delivered to him, and within 8 (eight) days from the delivery date, a product/Products It has an obligation to notify the Seller immediately if it detects/has a defect. Otherwise, the Buyer shall be deemed to have accepted the delivered Product(s) as defective, in accordance with Article 223 of the Turkish Code of Obligations No. 6098.

10.4. The Buyer is obliged to send the Product/Products to the Seller completely and completely as received, by creating a return request on the Internet Site together with the defect notification. In order for the Buyer to return the delivered Product/Products for any reason; The product must be kept in its original packaging and returned in its original form, complete with all packaging materials, without any physical damage. In addition, all originals and copies of the waybill and invoice must be sent with the Product/Products.

10.5. Except for the damage caused by the delivering carrier, if there is any abnormal condition such as damage, dents, wetness that can be noticed without opening the package; The buyer should request the delivery person to prepare a report.

10.6. The Seller, by duly notification and after the delivery of the Product/Products, by making the necessary controls; If the Buyer is right in his statements, he replaces the defective Product/Products and returns them to the Buyer at his own expense. The buyer can also request a refund if he wishes. In this case, the refund will be made within 10 (ten) business days.

10.7. In the event that the returned defective Product/Products is out of stock, the Seller declares and undertakes to return the product price to the Buyer in the same way as the collected method, without paying any interest or expense. The Seller does not have to send the same Product(s) to the Buyer again.

10.8. In the return of the product, the provisions of the Tax Procedure Law No. 213 and the relevant legislation are reserved, and the Buyer and the Seller are obliged to comply with the specified provisions.

ARTICLE 11 – PROVISIONS ON PRICES

11.1.The price of the Product/Products ordered by the Buyer from the Website is specified on the Website and in the invoice content sent to the Buyer. Prices include VAT.

11.2.If the Buyer makes purchases with a credit card or in installments, the installment form chosen from the Website is valid. In installment transactions, the relevant provisions of the contract in force between the Buyer and the cardholder bank are valid. The credit card payment date is determined by the terms of the contract between the bank and the Buyer, and the Seller has no obligation in this regard.

ARTICLE 12 – STATEMENTS OF THE SELLER AND ITS INSURANCES

12.1. The Seller may make changes and/or cancel, delete, and disable all specified matters at any time, without the obligation to give any further notice, on the prices and product, color, material types, ready-made designs, as well as promotions and campaigns on the Website. reserves the right. The Buyer agrees and declares in advance that he will not demand any compensation from the Seller for any direct and/or indirect damages incurred due to these changes or cancellations.

12.2. The Seller cannot be held responsible for the problems that may occur during the transportation while the order is being sent.

12.3. The Seller has the right to cancel the order that it does not deem appropriate without any notification.

12.4. While creating the order, computer, tablet, phone, etc. The Seller cannot be held responsible for color tone differences, visual differences in design and similar situations that appear on the screens.

12.5. With regard to the subject of this Agreement, the Buyer accepts and undertakes that he will not claim any damages, including any positive and/or negative damage and loss of profit, in case of incomplete performance, defective or defective performance of the Contract by the Seller. . In this context, the Seller’s financial liability that may arise from this Agreement is up to the maximum amount of the order.

12.6. As a result of breach of contract, tort, negligence or other reasons; does not accept any responsibility for interruption of the transaction, error, negligence, interruption, deletion, loss, delay of the transaction or communication, computer virus, communication error, theft, destruction or unauthorized entry, modification or use of the records.

ARTICLE 13 – FORCE MAJEURE

13.1. Circumstances that did not exist at the date of conclusion of the Contract and developed beyond the control of the Seller, which make it impossible for the Seller to partially or completely fulfill the obligations and responsibilities undertaken by the Agreement or to fulfill them on time, force majeure (all kinds of natural disasters) , war, terrorism, uprising, changes in legislative provisions, seizures, strikes, lockouts, major malfunctions in production and communication facilities, widespread and/or continuous electricity and/or internet interruptions, etc.).

13.2. In case of Force Majeure, the Seller may avoid unilaterally fulfilling the obligations under this Contract without compensation by returning the price paid.

13.3. In case the force majeure lasts more than 45 (forty-five) days, the Buyer may terminate this Agreement and request a refund of the price paid.

ARTICLE 14 – STAMP TAX

14.1.This Agreement is not subject to stamp duty pursuant to article 6/4 of the Stamp Duty Law General Communiqué (Serial No: 60) published in the Official Gazette dated 29.09.2016 and numbered 29842.

ARTICLE 15 – APPLICABLE LAW AND AUTHORIZED JURISDICTION

15.1. In all kinds of disputes that arise or may arise between the parties, the commercial books, records and documents of the Seller, as well as computer, fax records, microfilms, e-mail correspondence, are subject to Article 6100 of the Code of Civil Procedure. According to 193, the Buyer irrevocably accepts, declares and undertakes that it will be in the form of conclusive evidence.

15.2.This Agreement has been drawn up and approved electronically between the Parties before the Buyer makes the payment; In this context, this Agreement replaces the written agreement between the Parties and is in the form of an electronic document in accordance with the Code of Civil Procedure No. 6100.

15.3. Istanbul Anatolian Courts and Enforcement Offices are authorized and responsible for the resolution of any dispute arising from this Agreement, and the law of the Republic of Turkey will be applied in the resolution of any dispute.

ARTICLE 16 – STATUS OF DEFAULT AND LEGAL CONSEQUENCES

In the event that the Buyer defaults on his credit card transactions, the cardholder will pay interest within the framework of the credit card contract signed by the bank with him and be liable to the bank. In this case, the relevant bank may take legal action; may claim the costs and attorney’s fees to arise from the Buyer, and in any event, if the Buyer defaults due to its debt, the Buyer shall be responsible for the loss and damage suffered by the Seller due to the Buyer’s delayed performance of the debt.

ARTICLE 17 – EFFECTIVENESS

This Agreement, which consists of 17 (seventeen) articles, has been read by the Parties and entered into force by being approved electronically by the Buyer on the date and time in the records of the Website where the Product/Products were ordered.