Distance Sales Agreement

DISTANCE SALES AGREEMENT

1. PARTIES

This Distance Sales Agreement (the "Agreement") has been entered into electronically between the Buyer and the Seller under the terms and conditions specified below. The Buyer and the Seller will be referred to collectively as the "Parties" and individually as a "Party" within the scope of the Agreement.

2. DEFINITIONS

For the application and interpretation of the Agreement, the terms written below shall refer to the written explanations opposite them.

BUYER	:	A real person who acquires, uses, or benefits from a Good or Service for non-commercial or non-professional purposes.
Ministry	:	The Ministry of Trade of the Republic of Turkey.
Bank	:	Licensed institutions established pursuant to the Banking Law No. 5411.
DSM or Electronic Commerce Intermediary Service Provider	:	DSM Grup Danışmanlık İletişim ve Satış Ticaret Anonim Şirketi, which operates the Platform where the Seller offers Products/Services for sale through its system and mediates the conclusion of distance contracts on behalf of the Seller.
Service	:	The subject matter of any consumer transaction other than the provision of a Product, carried out or promised to be carried out for a fee or benefit.
Law	:	The Law on Consumer Protection No. 6502.
Cargo Company	:	The contracted cargo or logistics company that delivers the Product to the Buyer and facilitates its return from the Buyer to the Seller or DSM during return processes.
Preliminary Information Form	:	The form prepared to inform the Buyer about the minimum matters specified in the Regulation before the Agreement is established or before any offer is accepted by the Buyer.
Platform	:	DSM's website www.trendyol.com and its mobile application.
Seller	:	Real and/or legal persons, including public legal entities, who offer Products/Services to consumers for commercial or professional purposes, or act on behalf or account of the Product/Service provider, and whose information is in Article 5 of the Agreement.
Agreement	:	The Agreement concluded between the Seller and the Buyer.
Trendyol Delivery Point	:	Contracted merchant locations, cargo branches, and chain stores where the Buyer can easily receive the Products purchased.
Product	:	Movable goods subject to purchase, residential or holiday immovable properties, and all kinds of intangible goods such as software, audio, video, and similar items prepared for use in an electronic environment.
Regulation	:	Refers to the Distance Contracts Regulation.

3. SUBJECT AND SCOPE OF THE AGREEMENT

3.1. The subject of the Agreement is the determination of the rights and obligations of the Parties regarding the sale and delivery of the Product/Service with the qualities specified in the Agreement, which the Buyer electronically orders on the Platform for purchase, in accordance with the provisions of the Law and the Regulation. The Parties acknowledge, declare, and undertake that they know and understand their obligations and responsibilities arising from the Law and the Regulation under this Agreement.

3.2. The conclusion of the Agreement will not prevent the performance of the provisions of separate agreements concluded by the Parties with DSM. The Parties acknowledge, declare, and undertake that DSM is not a party to the sale of the Product/Service and the Agreement in any way, and that DSM has no responsibility or commitment regarding the fulfillment of the Parties' obligations under the Agreement, except for those imposed on it within the framework of the Law and Regulation.

3.3. In accordance with the legislation, the following Product/Service sales are not within the scope of the Agreement.

a) Financial services,

b) Sales made through automatic machines,

c) Use of public telephones through telecommunication operators,

d) Services related to betting, lottery, raffles, and similar games of chance,

e) Formation, transfer, or acquisition of immovable properties or rights related to such properties,

f) Residential rental,

g) Package tours,

h) Timeshare, long-term holiday services, and their resale or exchange,

i) Delivery of daily consumption goods such as food and beverages to the consumer's home or workplace within the scope of regular deliveries by the seller,

j) Passenger transport services,

k) Installation, maintenance, and repair of Products,

l) Social services aimed at supporting families and individuals, such as nursing home services, child, elderly, or patient care.

m) Value-added electronic communication Services without subscription, established via short message and fully performed simultaneously, as well as donations within the scope of the Law on Collection of Aid dated 23/6/1983 and numbered 2860, and value-added electronic communication services offered by public institutions.

4. MATTERS ON WHICH THE BUYER HAS BEEN INFORMED IN ADVANCE

The Buyer acknowledges, declares, and undertakes that before placing the order and concluding the Agreement, they have been accurately and completely informed about all matters related to the conclusion and implementation of the Agreement, including those listed below, through all general-specific explanations in the relevant pages and sections of the Platform, the Agreement, the Preliminary Information Form, and other means, and that they have read and understood them.

a) Basic characteristics of the Product/Service,

b) Seller's name or title, MERSIS number or tax identification number, and contact information and other identifying information,

c) Stages of the sales process when purchasing the Product/Service from the Platform and appropriate tools-methods for correcting incorrectly entered information,

d) Professional Chamber to which the Seller belongs (ITO-Istanbul Chamber of Commerce) and electronic communication information where information about the professional conduct rules foreseen by ITO can be obtained (Phone: 444 0 486, www.ito.org.tr)

e) Privacy, data usage-processing, and electronic communication rules applicable to Buyer information implemented by DSM, the scope of the permissions granted by the Buyer to DSM in these matters, the Buyer's legal rights, the Seller's rights, and the procedures for exercising the rights of the Parties,

f) Shipping restrictions stipulated by the Seller for the Product/Service,

g) Accepted payment methods-tools for the Product/Service, total sales price of the Product/Service including taxes,

h) Information about the procedures for delivering the Product/Service to the Buyer and additional costs such as shipping-delivery-cargo expenses,

i) Other payment/collection and delivery information and duration regarding the Product/Service, as well as other information regarding the performance of the Agreement and the responsibilities of the Parties in these matters,

j) Information on when the Buyer cannot exercise their right of withdrawal or under what conditions they will lose this right, including failure to exercise the right within the specified period,

k) In cases where the Buyer has the right of withdrawal, the conditions, period, and procedure for exercising this right, information about the Cargo Company stipulated by the Seller for returns, and all financial matters (including the return method and cost, refund of the Agreement amount, and discounts and offsets that may be made due to reward points earned/used by the Buyer during the return),

l) Full address, fax number, or email information where the withdrawal notification will be made,

m) Deposits or other financial guarantees that must be paid or provided by the consumer, if any, upon the Seller's request, and the conditions related thereto,

n) Technical protection measures that may affect the functionality of digital content, if any,

o) Details of the terms of use (special conditions) regarding various opportunities that may be applied periodically on the Platform for the Buyer,

p) Information known or reasonably expected by the Seller regarding which hardware or software the digital content can operate with,

q) All other sales terms contained in the Agreement according to its nature, and information that after the Agreement is established by the Buyer's approval on the Platform, it will be sent to the Buyer by email upon the Buyer's request and will be accessible from the Buyer's membership account,

r) Information that in case of disputes, the Buyer can apply to the Consumer Court or the Consumer Arbitration Committee.

7. GENERAL PROVISIONS

7.1. The Seller acknowledges, declares, and undertakes to deliver the Product/Service completely, in accordance with the specifications stated in the order, and with warranty certificates, user manuals, and other information and documents that must be delivered with the Product/Service as required by legislation, if any.

7.2. The Product will be delivered by the Cargo Company to the delivery address specified by the Buyer on the Platform, to the Buyer or a third person designated by the Buyer, within the promised delivery period and in any case not exceeding the legal period of 30 (thirty) days. In case the Seller fails to perform its obligation within this period, the Buyer may terminate the Agreement. However, in sales of Products/Services prepared according to the Buyer's wishes or personal needs, the delivery period may exceed the relevant 30 (thirty) days. Furthermore, for Products/Services indicated as "Pre-order" or "Made to Order," the delivery period may also exceed 30 (thirty) days, and the Buyer will not be able to terminate the Agreement due to non-delivery within 30 (thirty) days when purchasing a "Made to Order" or "Pre-order" Product/Service prepared according to the Buyer's wishes or personal needs.

7.3. The Seller sends and delivers the Product to the Buyer via the Cargo Company. If the Cargo Company does not have a branch at the Buyer's location, the Buyer must receive the Product from another nearby branch of the Cargo Company notified by the Seller.

7.4. If the Buyer chooses to have the Product delivered to a Trendyol Delivery Point during the order, the Product will be delivered by the Cargo Company to the selected delivery point within the promised period and in any case within the legal period of 30 (thirty) days. After the Product is left at the Trendyol Delivery Point, the Buyer will collect the Product within 3 (three) days using the code sent to the phone number registered in the chosen delivery address information.

7.5. If the Buyer fails to receive the Product/Service for any reason, it will be considered that the Buyer has returned the Product/Service, and in this case, all payments collected from the Buyer, including delivery costs if any, will be refunded to the Buyer within the legal period.

7.6. The Seller is not responsible for damages and expenses arising from the late receipt and/or non-receipt of the Product/Service by the Buyer when the Buyer or a third person designated by the Buyer is not at the address at the time of delivery.

7.7. Delivery costs of the Product/Service belong to the Buyer, unless otherwise specified. If the Seller has declared on the Platform that the delivery fee will be covered by them, the delivery costs will belong to the Seller.

7.8. The Seller may supply an equivalent Product/Service by informing the Buyer through the Platform and obtaining explicit approval, without exceeding the performance period of the Agreement.

7.9. In cases where the performance of the Product/Service becomes impossible, the Seller is obliged to notify the Buyer in writing or via a data storage medium within 3 (three) days from the date they learn of this situation and to refund all collected payments, including delivery costs if any, within 14 (fourteen) days at the latest from the notification date. The unavailability of the Product/Service in stock is not considered as the impossibility of performing the Product/Service.

7.10. The Buyer will inspect the Product before receiving it; they will not accept damaged, defective, or missing Product/Service such as crushed, broken, torn packaging, etc. The received Product/Service will be deemed to be undamaged and sound. The responsibility for carefully preserving the Product after delivery belongs to the Buyer. If the right of withdrawal is to be exercised, the Product/Service must not be used and must be returned with the Product/Service invoice and all other documents (e.g., warranty certificate, user manual, etc.) delivered to the Buyer at the time of delivery.

7.11. The Buyer is obliged to pay the amount subject to the Agreement and acknowledges, declares, and undertakes that for any reason, the non-payment and/or cancellation of the amount subject to the Agreement in the Bank records will terminate the Seller's obligation to deliver the Product/Service and other obligations arising from the Agreement. The Buyer acknowledges, declares, and undertakes that the Seller has no responsibility for payments made to the Seller by the Bank despite the Bank sending a failed code for any reason.

7.12. The Buyer acknowledges, declares, and undertakes that in case the amount subject to the Agreement is not paid to the Seller by the relevant Bank as a result of unauthorized use of the Buyer's credit card by unauthorized persons after the delivery of the Product, the Buyer will return the Product to the Seller within 3 (three) days, with the return costs borne by the Buyer.

7.13. In cases where a refund must be made to the Buyer for any reason under the Agreement, if the Buyer made the payment by credit card, the Buyer acknowledges, declares, and undertakes that the average process for the refunded amount by the Seller to be reflected in the Buyer's account by the bank may take 2 (two) to 3 (three) weeks, that the reflection of this amount in the Buyer's accounts after its refund by the Seller to the Bank is entirely related to the Bank's transaction process, and that the Bank is responsible for any possible delays and that they cannot hold DSM and the Seller responsible for these.

7.14. If the credit card holder used during the order is not the same person as the Buyer, or if a security vulnerability related to the credit card used in the order is detected before the Product/Service is delivered to the Buyer, the Buyer may be requested to provide identification 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 stating that the credit card belongs to the cardholder. The order will be frozen for the period until the Buyer provides the requested information/documents, and if these requests are not met within 24 (twenty-four) hours, the Seller reserves the right to cancel the order.

7.15. The number of Products/Services that the Buyer can order may be restricted by announcements made on the Platform. If the Buyer wishes to order more Products/Services than the number specified in the announcements on the Platform, their order may be prevented, and if it is determined that they ordered more than the specified number after placing the order, the orders exceeding the specified number may be canceled, and in this case, all collected payments, including delivery costs related to the canceled orders if any, will be refunded to the Buyer within the legal period. The Buyer acknowledges, declares, and undertakes that they have placed their order by accepting these provisions, and that orders exceeding the quantity limit may be prevented and canceled.

7.16. Orders that the Seller cannot supply for any reason may be transferred to another seller, provided that the Buyer's approval is obtained, without exceeding the legal delivery period in the legislation and provided that the Product/Service has the same characteristics as the original. In such a case, the Product/Service will be sent to the Buyer by the new seller, and the Agreement will be established between the new seller and the Buyer. In this case, no additional fee, charge, and/or cost will be reflected to the Buyer.

7.17. The Buyer, as a consumer, can submit their requests, complaints, and suggestions using the Seller's contact information provided above and/or through the channels provided by the Platform (via phone number 0 212 331 0 200 and the section titled "Ask Trendyol Assistant").

8. SPECIAL CONDITIONS

8.1. Unless otherwise specified, the Buyer can shop from multiple boutiques in a single cart on the Platform. More than one invoice may be issued by the Seller for each Product/Service purchased from different boutiques within the same cart. To avoid doubt, it should be noted that the Seller may deliver the Product/Service purchased by the Buyer from different boutiques at different times, provided that it stays within the legal period specified in the legislation.

8.2. If the Buyer selects the corporate invoice option for their orders, the Seller will issue a corporate invoice using the tax identification number and tax office information provided by the Buyer through the Platform. It is entirely the Buyer's responsibility to enter the information to be included in the invoice correctly, up-to-date, and completely, and the Buyer is personally responsible for all damages that may arise due to this.

8.3. If payment is made by credit card through the Platform, the Bank may organize campaigns, and a higher number of installments than the number chosen by the Buyer may be applied, or additional services such as installment deferral may be offered. Such campaigns are at the Bank's discretion. The total order amount will be divided by the number of installments and reflected in the credit card summary by the Bank starting from the credit card's statement date. The Bank may not distribute the installment amounts equally over the months, considering fractional differences. The creation of detailed payment plans is at the Bank's discretion.

8.4. If payment is made via Shopping Credit on the Platform, since this option is offered to Buyers who are customers of the relevant Bank, the Buyer acknowledges, declares, and undertakes that they can confirm information regarding interest rates and default interest applicable to them with their bank, and that the provisions regarding interest and default interest will be valid within the scope of the Consumer Loan Agreement concluded between the Bank and the Buyer in accordance with current legislation. The granting of the credit and the creation of the payment plan are entirely at the discretion of the relevant Bank.

8.5. Digital products are not suitable for physical delivery, and delivery will be carried out according to the conditions specified based on the nature of the product. Regulations applicable to physical products, such as delivery methods, etc., contained in the Agreement, shall not apply to digital products, and the regulations in these articles should be interpreted in accordance with the conditions and explanations specified in the product conditions to the extent they are applicable.

8.6. If the ordered Product is an electric motorcycle, it cannot be returned via the Platform after installation or after registration and licensing have been completed.

8.7. The Product/Services offered for sale on the Platform may only be offered for delivery to limited locations (province/district/region) determined by the Seller, and if the Buyer selects a delivery address outside of the locations determined by the Seller for these products/services during the order process, the relevant order cannot be placed/purchase will not be realized.

8.8. In orders related to "Earthquake Aid Mobilization" and similar mobilization and aid operations coordinated with official public institutions and organizations of the Republic of Turkey (e.g., package aid, etc.), the right of withdrawal cannot be exercised as per Article 15/1-h of the Regulation on Distance Contracts.

9. PROTECTION OF PERSONAL DATA AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

9.1. The Seller shall process personal data within the scope of this agreement only for the purpose of providing the Product/Service and in accordance with the Personal Data Protection Law No. 6698 ("KVKK"), secondary legislation, and decisions of the Personal Data Protection Board. The Seller acknowledges, declares, and undertakes that it will not process the Buyer's personal data other than personal data accessed via the Platform and will not communicate with the Buyer externally through methods other than those provided via the Platform.

9.2. The Buyer acknowledges, declares, and undertakes that they are responsible for verifying that the personal data provided within the scope of this Agreement is accurate, complete, and up-to-date, for not sharing this information with third parties, for taking necessary precautions, including those related to viruses and similar harmful applications, to prevent unauthorized access by irrelevant persons, and for ensuring the security of such personal data, and that otherwise they will be personally responsible for any damages incurred and claims from third parties.

9.3. Regarding all kinds of information and content belonging to the Platform and their arrangement, revision, and partial/complete use; all intellectual and industrial property rights and ownership rights belong to DSM, except for those belonging to other third parties according to the Seller's agreement.

10. RIGHT OF WITHDRAWAL

10.1. The Buyer has the right to withdraw from the Agreement within 15 (fifteen) days without giving any reason and without paying any penalty.

10.2. The withdrawal period starts on the day the Agreement for the Service is concluded; for the Product, it starts on the day the Buyer or a third party designated by the Buyer takes delivery of the Product. However, the Buyer may also exercise the right of withdrawal during the period from the conclusion of the Agreement to the delivery of the Product.

10.3. In determining the withdrawal period;

a) In the case of a Product that is the subject of a single order but delivered separately, the day the Buyer or a third party designated by the Buyer takes delivery of the last Product,

b) In the case of a Product consisting of multiple parts, the day the Buyer or a third party designated by the Buyer takes delivery of the last part,

c) In cases where the Product is delivered regularly for a certain period, the day the Buyer or a third party designated by the Buyer takes delivery of the first Product

is taken as a basis.

10.4. In cases where Product delivery and Service performance occur together, the provisions of the right of withdrawal regarding Product delivery shall apply.

10.5. The Seller is responsible for refunding the contract price and delivery costs to the Buyer within 15 (fifteen) days, starting from:

a) In case the Buyer exercises their right of withdrawal before the delivery of the Product or the performance of the Service, from the date the notification of withdrawal is received by the Seller,

b) In case the Buyer exercises their right of withdrawal after the delivery of the Product, if the price has not yet been transferred to the Seller, from the date the Product subject to withdrawal is delivered to the designated Cargo Company for return, or, if returned with a Cargo Company other than the designated one, from the date it reaches the Seller,

c) In case the Buyer exercises their right to terminate the Agreement due to the inability to deliver the order within the legal period, from the date the termination notification is received by the Seller.

10.6. The notification of the right of withdrawal and other notifications related to the Agreement must be made through the communication channels of DSM and/or the Seller specified on the Platform, in accordance with the legislation and within the specified period. Communication channels for withdrawal notification can be accessed at https://www.trendyol.com/iletisim.html.

10.7. In case the right of withdrawal is exercised:

a) The Buyer shall return the Product to the Seller via the Cargo Company within 14 (fourteen) days from the date of exercising their right of withdrawal.

b) The Product box, packaging, standard accessories if any, and other Products given as gifts with the Product, if any, must be returned completely and undamaged within the scope of the right of withdrawal.

10.8. The Buyer is not responsible for changes and deteriorations that occur if the Product is used in accordance with its operation, technical specifications, and usage instructions within the withdrawal period.

10.9. When returning the Product/Service to the Seller, the original invoice presented to the Buyer during the delivery of the Product/Service must also be returned by the Buyer. If the Buyer requests a corporate invoice, a return invoice must be issued for the return of the relevant Product/Service, or if possible, the commercial invoice must be rejected from their systems within the specified period.

10.10. If the Buyer chooses the "Pay with Shopping Credit" option, in case the right of withdrawal is exercised, the amounts subject to the Agreement will be refunded to the Buyer's bank account at the credit-providing Bank notified by the Buyer, via wire transfer, EFT, or FAST. For the refund of the amounts subject to the Agreement, the bank account at the credit-providing Bank notified by the Buyer must be registered in the name of the person on the invoice address or the user's name. The Buyer acknowledges, declares, and undertakes that if they choose the "Pay with Shopping Credit" option, the refund of the amounts subject to the Agreement cannot be made in cash.

10.11. If the Buyer chooses the "Pay with Shopping Credit" option, the Buyer's withdrawal from this Agreement signed with the Seller will not directly terminate the Consumer Loan Agreement between the Bank and the Buyer. The Buyer acknowledges, declares, and undertakes that they can exercise their right of withdrawal from the Consumer Loan Agreement within the scope of the Consumer Loan Agreement concluded between the Bank and the Buyer. The Buyer may exercise their right of withdrawal from the Consumer Loan Agreement by individually applying to the credit-providing Bank in accordance with the period and procedure specified in the Consumer Loan Agreement. The SELLER and DSM have no responsibility for any failure to make or late making of the application that must be made by the Buyer to the credit-providing Bank individually within the scope of exercising the right of withdrawal from the Consumer Loan Agreement, and/or for any matter related to the credit relationship between the Bank and the Buyer.

10.12. As long as the Buyer sends the Product/Service to be returned to the Seller with the Seller's Cargo Company specified in the Preliminary Information Form, the return shipping cost belongs to the Seller. If there is no branch of the Seller's Cargo Company at the Buyer's location for return, the Buyer may send the Product with any Cargo Company. In this case, the Seller is responsible for the return shipping cost and any damage the Product may incur during the shipping process.

10.13. The Buyer shall exercise their right of withdrawal within the period and procedures specified in this article, otherwise they will lose their right of withdrawal.

11. CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

11.1. The Buyer cannot exercise the right of withdrawal in the following contracts:

a) Contracts for goods or services whose prices fluctuate depending on financial markets and are outside the control of the Seller or DSM,

b) Contracts for goods prepared in accordance with the consumer's wishes or personal needs,

c) Contracts for the delivery of goods that are perishable or whose expiration date may pass,

d) Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery, and whose return is not suitable for health and hygiene reasons,

e) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature,

f) Contracts for books, digital content, and computer consumables supplied in a tangible medium, if their protective elements such as packaging, tape, seal, package have been opened after the delivery of the Product,

g) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription contract,

h) Contracts for accommodation, freight, car rental, food and beverage supply, and leisure activities for entertainment or recreation that must be performed on a specific date or period,

i) Contracts for services performed instantly in electronic environment and intangible goods delivered instantly to the Buyer,

j) Contracts for services whose performance has begun with the Buyer's consent before the expiration of the right of withdrawal period,

the right of withdrawal cannot be exercised; a return code cannot be generated through the Platform for these orders.

11.2. If the Product/Service consists of Product/Service types excluded from the scope of the Regulation (listed in Article 3.3 of the Agreement), the right of withdrawal cannot be exercised due to the inapplicability of the Regulation's provisions to the legal relationship between the Buyer and the Seller; a return code cannot be generated through the Platform for these orders.

11.3. In cases where an electronic code is purchased via the Platform, the right of withdrawal will not apply to such orders as per the Regulation. A return code cannot be generated through the Platform for these orders.

12. RESOLUTION OF DISPUTES

12.1. In the implementation of the Agreement, Consumer Arbitration Committees and Consumer Courts in the place where the Buyer purchased the Product/Service and where their residence is located are authorized, in accordance with the values announced by the Ministry.

13. NOTIFICATIONS AND EVIDENCE AGREEMENT

13.1. Any correspondence between the Parties under the Agreement shall be made in writing, except for mandatory cases specified in the legislation.

13.2. The Buyer acknowledges, declares, and undertakes that the commercial books, computers, records, and other documents of DSM and the Seller shall constitute binding, conclusive, and exclusive evidence in disputes that may arise from the Agreement, and that this article constitutes an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure.

14. EFFECTIVENESS

14.1. This Agreement, consisting of 14 (fourteen) articles, has been read by the Parties and concluded and entered into force by the Buyer's electronic approval on the date of the transaction. A copy of the Agreement is available in the Buyer's membership account and can also be sent via email upon request.