DISTANCE SALES CONTRACT

1. PARTIES

SELLER

Name Surname/Title:

Full Address:

Phone:

Mersis No:

E-Mail:

(In this Agreement, it will be referred to as "Seller")

BUYER

Name Surname/Title:

Delivery Address:

Invoice Address:

E-mail:

Phone:

2. SUBJECT OF THE AGREEMENT

2.1. The subject of this Distance Selling Agreement (“Agreement”) is related to the determination of the rights and obligations of the Parties regarding the sale and delivery of the Product, which the Buyer ordered from the Seller via the website https://www.facebosphorus.com/ by specifying its type/name, quantity, sales price, delivery price and payment method, by the Seller, pursuant to the Consumer Protection Law No. 6502, the Distance Contracts Regulation and other relevant legal regulations.

2.2. The Buyer accepts and declares that he/she has been informed by the Seller in a clear, understandable and internet-friendly manner regarding the Seller's name, title, full address, telephone and other contact information, basic characteristics of the products subject to sale, sales price, payment method, delivery conditions, etc., all preliminary information regarding the product subject to sale and the use of the right of withdrawal, that he/she has approved this preliminary information electronically and subsequently purchased the product electronically, within the scope of the provisions of this Agreement. The preliminary information form on the website https://www.facebosphorus.com/ and the invoice containing the prices of the products/services to be sent on behalf of the Buyer are an integral part of this Agreement.

3. CONTRACTUAL PRODUCT, PAYMENT AND DELIVERY

3.1. The type and kind of product/products purchased electronically, quantity, brand/model, sales price, payment method, recipient, delivery address, invoice information and shipping fee are as stated below.

Product Brand Product Name Product Quantity Product Price

Person to be Delivered [*]

Delivery Address [*]

Invoice Address [*]

3.2. The person to be invoiced and the person who made the contract must be the same. The Buyer accepts that the information provided is correct, and the Buyer accepts, declares and undertakes all kinds of liability that may arise from this situation, including fully covering any damages that may arise from situations where the information provided is incorrect or incomplete. Delivery costs (shipping costs, etc.) belong to the Buyer. If there is a campaign related to the product whose terms are announced on the website, the Seller may not reflect all or part of the delivery costs to the Buyer.

3.3. The products are the products published on the website and purchased by the Buyer by placing an order. All information regarding the product, including the type, variety, quantity, model, brand and number of products, the sales price including VAT and the payment method will consist of the information at the time the order is finalized, in line with the Buyer's requests. The quality and total sales amount including VAT of each product subject to the contract are specified next to the product images. The Seller reserves the right to unilaterally change any content (including price, visual elements and other information) published on the website with the extension https://www.facebosphorus.com/ without notice.

3.4. The Buyer declares that he/she has read and is informed about the basic characteristics, sales price, payment method and all preliminary information regarding delivery of the product or products subject to the Contract specified in Article 3.1 of the Contract and that he/she has given the necessary confirmation electronically, thereby accepting this Contract.

3.5. All contact information on the website is correct and up-to-date, and the Buyer will communicate directly with the Seller using this information. The Buyer must also provide accurate and complete contact information and information about the products they wish to purchase, and act in accordance with the provisions of this Agreement. The Buyer declares and accepts that all information provided to the Seller regarding the order is accurate and complete, that the Seller may contact them using this information when necessary, and that the Seller will not be responsible for the failure to deliver the ordered product(s) or for late delivery due to incorrect information.

3.6. The Buyer is obliged to check the product upon receipt and to immediately report the defect in the product if it is defective. If the product is defective, the Buyer has the following optional rights: (i) to withdraw from the contract by declaring that he/she is ready to return the sold product, (ii) to keep the sold product and request a discount on the sales price in proportion to the defect, (iii) to request that the sold product be repaired free of charge, with all costs being borne by the Seller, unless an excessive expense is required, (iv) if possible, to request that the sold product be replaced with a defect-free equivalent. The Buyer has the exclusive right to exercise one of these optional rights if the product is defective.

3.7. The buyer must report any damage caused by any defects related to transportation at the time of delivery.

3.8. The Seller will evaluate the orders placed during business hours (every day between …………. - ………….) within the same day. The orders placed after …………. will be processed within the following business day's business hours.

3.9. After the successful completion of the order placed by the Buyer and the payment of the fee determined by the Seller for the product/products by the credit card of the contracted banks, the Seller will send an e-mail message to the e-mail address specified by the Buyer when registering on the website, informing that the order has been completed.

3.10. The Seller will ship the order given by the Buyer via the website to the address provided by the Buyer within 3 (three) to 5 (five) business days after the Seller approves the order. In cases where the Buyer requests the product/products to be sent to more than one address with a single order (briefly “multiple address shipment”), the Buyer will be charged a separate shipping fee for each address. Shipping costs will be covered by the Buyer. The Seller is not responsible for any delays that may occur in the delivery of the product due to reasons caused by the shipping company. If the Buyer requests the product to be delivered to a person or organization other than him/her, the Seller will not be responsible for any delays in delivery that may occur due to the person or organization to which the product will be delivered not accepting the delivery.

3.11. The Buyer is obliged to open and check the packages that he/she thinks are damaged during transportation in front of the cargo company representative when receiving them and if there is any defect in the product, to have the cargo company draw up a report and not accept the product. If the product is not accepted and a report is drawn up, the Buyer is obliged to notify the Seller of this situation with the copy of the report that he/she has within 3 (three) days and may use one of the optional rights specified in Article 3.6 of the Contract. The cargo company is deemed to have fulfilled its duty properly when the Buyer receives the product.

3.12. The Seller is responsible for the delivery of the products subject to the Contract in full and in accordance with the specifications specified in the order. In order for the delivery of the product subject to the Contract, the product price must be paid to the Seller. If the product price is not paid to the Seller for any reason, the Seller is not obliged to deliver the product to the Buyer. Payments can only be made with credit cards belonging to contracted banks. If the payment is made with a credit card or a similar payment card, if the bank or financial institution does not pay the order price to the Seller due to the unfair or illegal use of the Buyer's credit card by unauthorized persons without the Buyer's consent after the delivery of the product, the Buyer will return the product to the Seller within 3 days without damage or pay the order price, provided that it has been delivered to the Buyer. In the event that the product is sent back, the shipping costs belong to the Buyer.

3.13. Return shipments must be sent by the Buyer to the Seller's address below:

Address :

Phone :

3.14. The Buyer declares that he/she consents to the Seller sending commercial electronic messages to the e-mail address declared by the Buyer within the scope of this Agreement.

4. RIGHTS AND LIABILITIES OF THE BUYER AND SELLER

4.1. The Buyer and the Seller accept and undertake to fully perform the obligations assigned to them in the Agreement, except for force majeure situations, in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts.

4.2. Persons under the age of 18 cannot shop on the website https://www.facebosphorus.com/. By confirming this Agreement electronically, the Buyer confirms that he/she is over the age of 18. The Seller will assume that the age stated by the Buyer is correct, and the Seller will not be held responsible in any way if the Buyer writes his/her age incorrectly.

4.3. The Buyer accepts and undertakes that by placing an order, he/she is deemed to have accepted the provisions of this Agreement and that he/she will make the payment in accordance with the payment method specified in the Agreement.

4.4. The Buyer accepts and declares that he/she has received information on the subjects such as the Seller's name, title, full address, telephone and other contact information, basic characteristics of the goods to be sold, sales price including taxes, payment method, delivery conditions and expenses etc., all preliminary information regarding the goods to be sold, the use of the right of "withdrawal" and how to use this right, official authorities to whom he/she can submit his/her complaints and objections etc. in a clear, understandable and internet-friendly manner from the website with the extension https://www.facebosphorus.com/ and that he/she has confirmed this preliminary information electronically.

4.5. If the buyer wishes to return the product he/she purchased, he/she accepts and undertakes not to damage the product or its packaging in any way and to return the original invoice and delivery note at the time of return.

4.6. The Seller is not responsible for price errors that occur due to system errors. The Seller is not responsible for advertising or pricing errors that may occur due to interventions on the system, design or illegal means on the website. The Buyer cannot claim rights from the Seller based on system errors.

5. CONTRACT DATE

The contract date is the date on which the order is placed by the Buyer.

6. RIGHT OF WITHDRAWAL AND EXCEPTIONS

6.1. According to Article 15 of the Distance Contracts Regulation No. 29188, the right of withdrawal cannot be exercised for products prepared in line with the Buyer's requests or personal needs, products that are perishable or may expire, products whose protective elements such as packaging, tape, seal, package have been opened after delivery, and products whose return is not suitable for health and hygiene reasons. For products other than the products listed, whose original packaging is undamaged, unused, and not damaged as a result of usage error, the Buyer may exercise the right of withdrawal within 14 (fourteen) days from the day the order is delivered to the Buyer or a third party determined by the Buyer, if the goods are subject to a single order and delivered to different addresses separately, from the day the last delivered product/products are delivered to the Buyer or a third party determined by the Buyer, in accordance with Law No. 6502 on the Protection of Consumers. Returns of products whose packaging has been opened, used, and damaged are not accepted. In order to exercise the right of withdrawal, the product/products must be returned in the same condition as they were delivered to the Buyer. In case any deterioration, opening, breakage, tearing, missing accessories or other conditions are detected in the purchased product/products or product packaging, the return of the product/products will not be accepted.

6.2. The Buyer who wants to exercise the right of withdrawal must deliver the product/products to the Seller with the original invoice via contracted cargo companies. The product must be placed in a protective package and the cargo company's label must not be on the product packaging. Deformation in the product packaging is among the situations that prevent the product from being resold. Product returns that do not meet the conditions specified herein are absolutely not accepted.

6.3. After the right of withdrawal is exercised, the returned product/products will be received by the Seller authorities and an information message will be sent to the Buyer. The paid amount will be refunded to the Buyer's credit card within 7 (seven) business days following the receipt of the information message.

7. BUYER’S DEFAULT

In the event that the Buyer defaults in the transactions made with the credit card, the cardholder will be liable to the bank by paying interest within the scope of the credit card agreement made with the bank. In this case, the relevant bank is authorized to take legal action and request the expenses and attorney fees from the Buyer. In any case, the Buyer accepts, declares and undertakes to pay the Seller's losses and damages due to the delayed performance of the debt, upon the first written request of the Seller, in the event that the Buyer defaults due to its debt.

8. FORCE MAJEURE 

Situations that do not exist or are not foreseen at the time the Agreement is signed, that develop beyond the control of the Buyer and the Seller, and that make it impossible for the Buyer and/or the Seller to partially or completely fulfill their obligations and responsibilities under the Agreement or to fulfill them on time, shall be deemed as force majeure (natural disaster, war, terrorism, riot, changing legislative provisions, seizure or strike, lockout, significant failure in production and communication facilities, etc.). The party in whose person the force majeure occurs shall immediately notify the other party of the situation in writing. No liability shall arise due to the failure of the parties to fulfill their obligations during the continuation of the force majeure. If this force majeure situation continues for 30 (thirty) days, each party shall have the right to terminate unilaterally.

9. RESPONSIBILITY

The Seller shall have no liability in the event that its obligations under the Agreement cannot be fulfilled due to Force Majeure Events or other reasons that are not objectively due to its own fault.

10. COMMUNICATION

For all questions regarding your order, you can contact customer services by phone at ………………………….. or e-mail at …………………………..

11. EVIDENCE AGREEMENT

The Buyer accepts that the Seller's official books and commercial records, electronic information kept in the database and servers, computer and voice recordings will constitute evidence in any dispute that may arise from the Contract, and that this article is an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure.

12. DISPUTE RESOLUTION

This Agreement is subject to the laws of the Republic of Turkey. The parties have agreed that in disputes arising from the Agreement, the Consumer Arbitration Committees at the location of the Buyer and Seller's registered address will have jurisdiction within the monetary limits determined within the framework of the legislation, and in disputes exceeding the monetary limits, the Consumer Courts and Enforcement Offices at the location of the Buyer and Seller will have jurisdiction.

For cases not included in this Agreement, the provisions of the Law No. 6502 on the Protection of Consumers and the Law No. 6563 on the Regulation of Electronic Commerce and their relevant legislation and general provisions will be applied.