Distant Sale Agreement

DISTANT SALE AGREEMENT

1- PARTIES

1.1 DOĞUŞ KALIP

Trade Name: DOĞUŞ KALIP METAL ve FORM SAN. DIŞ TİC. A.Ş.  (referred hereafter briefly as Doğuş Kalıp)

Address: Mahmutbey Mahallesi Karaoğlanoğlu Caddesi No:15/17 Bağcılar/ISTANBUL

Telephone: 0 212 480 08 28

Fax: 0 212 480 08 33

1.2. CUSTOMER

Name Surname / Title: ....................................... (hereafter referred as “Customer”)

Address: ........................................

Telephone: .........................................

Fax: .........................................

2- SUBJECT OF AGREEMENT

The subject of hereby agreement is to determine mutual rights and liabilities of parties pursuant to provisions under Law no. 6502 on Protection of Consumers, Directive on Distant Sales published in Official Gazette issue no. 29188 on 27.11.2014 and any other relevant legal regulations and applications with regard to purchase/delivery in Turkey or abroad of product(s) with the below-given specifications and sales price ordered by Customer in electronic environment via DOĞUŞ KALIP website (www.doguskalip.com.tr).

 3- DETAILS ABOUT PRODUCT ON SALE

 The type, kind, quantity, brand/model, color, number, sale price, payment terms and delivery details of product(s) or services are as below. That is;

Term and Plan of Payment:

Delivery Person :

Telephone Number :

Delivery Address :

Person or Entity for Invoice :

Invoice Address :

Tax Office :

Tax ID :

Delivery of product(s) will be carried out to the abovementioned address of Customer by means of courier company and the courier fee shall be paid by Customer.

 4- TERMS OF PAYMENT

Payment can be made to bank account through transfer or credit card. On DOĞUŞ KALIP website, Customer reads principal specifications and sale price of product(s), as well as terms of payment and other preliminary information about delivery and other issues, before declaring he is duly informed and has given necessary approval for transactions in electronic environment.

 4-1 Installment transactions in payments with credit card

The section above informs about number of installments to pay the entirety of order sum to be transferred to the bank. CUSTOMER agrees, commits and declares that since installment sales are exclusively carried out via credit cards of banks, he will confirm through relevant bank any information about interest rates and default interest and that pursuant to legislative provisions in force, all provisions about interest and default interest shall apply within the scope of credit card agreement between bank and CUSTOMER. As for installment procedures, the relevant provisions under agreement signed between CUSTOMER and the bank that has granted credit card shall govern. Payment date for credit card is determined pursuant to provisions of agreement between bank and CUSTOMER. CUSTOMER can monitor the number of installments and his payments through the extract of account notified by the bank.

4-2 Procedure of Reimbursement to Credit Card In case

CUSTOMER is to exercise his right of withdrawal, the procedure of reimbursement to credit is as follows if the transaction has been made in installments and with credit card. Depending on number of installments for purchase of product by CUSTOMER, the bank carries out reimbursement to CUSTOMER in installments. In other words, for reimbursement of installment expenses via bank POS to credit card of Customer, the requested reimbursement sums are transferred to the account of card holder by the bank in installments. As for the installment amounts paid by CUSTOMER until cancellation of sale, unless the reimbursement date coincides with cutoff date of credit card, 1 reimbursement is reflected on the card every month and Customer shall receive the installments paid prior to reimbursement after the end of sale installments during the number of months equal to installments paid prior to reimbursement, whereupon such amount shall be set off from his present liabilities. In case a product or service purchased via credit card is returned, DOĞUŞ KALIP does not pay Customer in cash. Reimbursement for options of cash on delivery and transfer/EFT Customer is asked bank account details and the reimbursement is paid to the account of Customer (the account has to be on behalf of person whose name is written on invoice) in the form of transfer/EFT.

 4-3 EVENT OF DEFAULT AND LEGAL CONSEQUENCES

In case CUSTOMER goes into default in his credit card transactions, the card holder shall pay default interest pursuant to credit card agreement with the bank and shall be responsible before the bank. In such case, the related bank can take legal action and demand from Customer any occurring expenses and attorney fees; in any case, if Customer goes into default because of his debt, Customer agrees to pay any damages of DOĞUŞ KALIP due to delayed discharge of debt.

5-DELIVERY

5-1 Product(s) shall be delivered by DOĞUŞ KALIP to the abovementioned delivery address by means of courier within maximum 10 workdays following the payment upon order approval. Public holidays, religious/national holidays and last 4 days of year are not included as workday.

5-2 Customer shall inspect the product upon delivery before signing delivery record. By signing the delivery record, Customer declares that he has received the product in complete, correct and undamaged condition.

5-3 In case Customer is absent at his address at the time of delivery, Doğuş Kalıp shall be considered to have completely and correctly performed the delivery process. Therefore, any loss arising from late reception of product by Customer or from its waiting at courier company and/or expenses due to return of cargo to DOĞUŞ KALIP shall be borne by Customer. The validity of these commitments, including price, lasts 30 days.

5-4 Any freight, warehouse and transport expenses about delivery are met by Customer. DOĞUŞ KALIP shall not be responsible for any reason whatsoever due to default of delivery of product to Customer for any reason faced by courier, warehouse or transport company at the delivery stage that are not caused by DOĞUŞ KALIP.

5-5 Following the delivery of product(s), in case the related bank or financial institution does not pay DOĞUŞ KALIP the fee for product(s) because of unfair or illegal use of Customer’s credit card by unauthorized persons, Customer has to return such product(s) to DOĞUŞ KALIP within 3 days provided that the product has been delivered beforehand to the former. In such case, transport expenses shall be borne by Customer. Otherwise, DOĞUŞ KALIP has right to go to law in order to compensate the product sum from Customer together with relevant interest.

 6- RIGHT OF WITHDRAWAL

6-1 Doğuş Kalıp agrees and commits that the Customer has right to withdrawal from contract and therefore from purchasing the product, the specifications of which are indicated under article 3, within 7 (seven) days as of its delivery to the person at the prescribed address in the same article, on the condition of not harming/distorting the product and keeping the product as it is together with any documents and accessories within the package, and Doğuş Kalıp agrees to accept the goods upon receiving relevant notice of withdrawal.

6-2 Right of withdrawal cannot be exercised for products, which are manufactured pursuant to specific requests and demands of Customer or customized through requested amendments and additions, and which therefore get out of standard product scope of DOĞUŞ KALIP, products which are by nature unavailable for return with the risk of perishing or exceeding expire date, for services performed instantaneously in electronic environment and intangible products that are delivered to Customer on the instant. 7

6-3 In case Customer wants to exercise his right of withdrawal, he should make a declaration of withdrawal to DOĞUŞ KALIP by calling phone number 0212 4800828 within relevant period, or through fax, e-mail and SMS. Following the timely declaration of withdrawal, Customer should deliver the purchased product back to Return Department of DOĞUŞ KALIP. Department of Return shall check physical and functional condition of the product and shall accept the appropriate product(s) with a return record. Customer has to return original invoice together with the product in exchange for return invoice/note of expenses provided to Customer. In case right of withdrawal is exercised, the product fee is returned to Customer within 10 days.

6-4 Customer agrees and commits to deliver the product(s) to be returned in complete and undamaged manner, together with any box, package and standard accessories, if any. In case, a fault by Customer drops the value of product or renders the return process impossible, Customer shall compensate losses of DOĞUŞ KALIP in proportion of the faults of the former.

 6-5 In case, because of exercise of right of withdrawal, the Customer falls under limit value for any campaign in its favor (if any), the discount established within the scope of such campaign is cancelled.

7-RETURN PROCEDURES

7-1 The product, which is transported by courier, is examined by Return Department at DOĞUŞ KALIP for compliance with prescribed conditions. The return process is started in case the product is found appropriate.

7-2 Once return approval is given, the return approval notification is sent to e-mail address of Customer recorded in DOĞUŞ KALIP systems.

7-3 The fee paid for product is returned to Customer within 10 days as of return approval date.

8- GENERAL PROVISIONS

8.1. Customer agrees and commits that he has read information on DOĞUŞ KALIP website www.doguskalip.com.tr about product(s) on sale indicated in article 3, such as main specifications, type, kind, quantity, brand/model, color, number, tax included sale price, terms of payment and delivery, and that he has given approval for foregoing issues in electronic environment.

8.2. Customer agrees and commits that it has to fill delivery-related address and person details in complete and correct manner for realization of product delivery and payment transactions in line with hereby agreement and pursuant to relevant information on the website.

8.3. The product(s), which is purchased by Customer in line with hereby agreement, is delivered to the person at delivery address within 10 workdays and under any condition not more than legal period of 30 (thirty) days as of order approval, on the condition of complete payment of product fee by Customer. This term can be extended for maximum 10 additional days on the condition of informing Customer beforehand about the situation. In case the product fee is not paid or cancelled in bank records for any reason, DOĞUŞ KALIP is released from responsibility of delivering the product.

8.4. Orders placed after 3 p.m. on Saturday are considered as if they are placed on Monday, following the approval of payment information. Orders, which coincide with national holidays, are considered to have been received on the first workday following such holiday, on the condition of approval of payment information.

 8.5. In case Customer appoints any other real or legal entity than itself/himself as delivery address or person, DOĞUŞ KALIP cannot be held responsible if such person or entity does not accept the delivery.

8.6. DOĞUŞ KALIP is responsible for delivering the product subject to hereby agreement in sound, complete condition pursuant to order specifications and together with relevant documents and user manuals, if any.

8.7. In case DOĞUŞ KALIP cannot fulfill its obligations since the delivery of product becomes impossible due to any reason including but not limited with adverse weather conditions, general strike, interruption of transport, DOĞUŞ KALIP has to inform Customer about such situation. In such case, before the expiry of performance liability period of DOĞUŞ KALIP under hereby agreement, Customer may either wait for end of force majeure or demand another product of equivalent quality and price or even request the return of previously paid sums. Upon request for fee return, DOĞUŞ KALIP is responsible for reimbursing Customer within 10 days.

8.8. Customer agrees that any record, document, computer and sound records of DOĞUŞ KALIP shall be binding and that the contrary can exclusively be proved through written documents.

 8.9. Provisions under Law no. 6502 on Protection of Consumers, Directive on Distant Agreements published in Official Gazette no. 29188 on 27.11.2014, as well as all other relevant legal regulations and applications shall govern with regard to issues for which no provision is in place under hereby agreement.

8.10. Istanbul Çağlayan Courts and Execution Offices are authorized for settling any possible dispute arising from execution of hereby Agreement.

 9- VALIDITY

Hereby agreement has been entered between parties on ………........... ""Customer"" agrees, declares and commits that he has read hereby agreement on the website before and after placing order and that he accepts all information and provisions therein. "