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Distance Selling Agreement

ARTICLE 1 – PARTIES

SALES PERSON


Title: Hacer Öztürk

Address: Tuzla/ISTANBUL

Email: www.masuka.com.tr


BUYER


Name / Surname / Title:

Address:

Telephone:

Email address:


ARTICLE 2 – SUBJECT


The subject of this agreement is the sale and delivery of the product, the characteristics and sales price of which are specified below, ordered by the BUYER electronically through the SELLER's website www.masuka.com.tr , and the determination of the rights and obligations of the parties in accordance with the provisions of Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts dated 06.03.2011.


ARTICLE 3 – CHARACTERISTICS OF THE PRODUCT SUBJECT TO SALE


The basic characteristics of the goods or services are available at www.masuka.com.tr . The prices listed and advertised on the site are sales prices. Advertised prices and promises are valid until updated or changed. Prices advertised for a limited time are valid until the end of the specified period. The sales price of the goods or services subject to the contract, including all taxes, is shown in the table below.


3.1 – PRODUCTS


3.2 – DELIVERY METHOD AND PLAN


Delivery Address: Recipient: Billing Information:

The shipping cost, which is the product delivery fee, will be paid by the SELLER.


3.3 – LATE PAYMENT INTEREST


Since payment will be made in cash or by credit card, no late payment interest will be applied by the SELLER.


ARTICLE 4 – GENERAL PROVISIONS


4.1) The BUYER declares that they have read and are aware of the basic characteristics of the product, the sales price, the payment method, and preliminary information regarding delivery on the website www.masuka.com.tr , and that they have provided the necessary confirmation electronically. By confirming this Preliminary Information electronically, the BUYER also confirms that they have received accurate and complete information from the SELLER regarding the address, the basic characteristics of the ordered products, the price of the products including taxes, and payment and delivery information, which must be provided to the BUYER before the conclusion of distance contracts.

4.2) The product subject to this contract will be delivered to the BUYER or the person/organization at the address indicated, within the time frame specified in the preliminary information on the website, depending on the distance of the BUYER's place of residence for each product, provided that this period does not exceed the legal 30-day limit.

4.3) The SELLER cannot be held responsible for the inability to deliver the ordered product to the BUYER due to any problems the shipping company may encounter during the delivery process.

4.4) The SELLER is responsible for delivering the product in good condition, complete, conforming to the specifications stated in the order, and, if applicable, with warranty documents and user manuals.

4.5) The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit consent before the expiration of the performance obligation arising from the contract.

4.6) If the SELLER is unable to fulfill its contractual obligations due to the impossibility of delivering the ordered product or service, it shall notify the consumer of this situation before the expiration of the performance period arising from the contract and refund the total amount to the BUYER within 10 business days.

4.7) Confirmation of this Preliminary Information Form electronically is required for product delivery. If, for any reason, the product price is not paid or is cancelled in the bank records, the SELLER shall be deemed to be relieved of its obligation to deliver the product.

4.8) If, after delivery of the product, the bank or financial institution fails to pay the SELLER the product price due to the unauthorized or unlawful use of the BUYER's credit card by unauthorized persons, not resulting from the BUYER's fault, the BUYER is obliged to return the product to the SELLER within 3 business days, provided that it has been delivered to the BUYER. In this case, the shipping costs shall be borne by the BUYER.

4.9) If the SELLER is unable to deliver the product within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or disruptions to transportation, the SELLER is obligated to inform the BUYER. In this case, the BUYER may choose to cancel the order, replace the product with an equivalent if available, and/or postpone the delivery until the hindering situation is resolved. If the BUYER cancels the order, the amount paid will be refunded in full within 10 business days. For payments made by credit card, the product amount will be refunded to the relevant bank within 7 business days after the order is canceled by the BUYER.

Since the reflection of this amount in the BUYER's account after its return to the bank is entirely related to the bank's processing time, the BUYER acknowledges in advance that the SELLER cannot intervene in any way for possible delays and that it may take an average of 2 to 3 weeks for the amount returned to the credit card by the SELLER to be reflected in the BUYER's account by the bank.

4.10) RULES AND CONDITIONS REGARDING THE PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC COMMUNICATION AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS 10.1. Information belonging to the BUYER that can be defined as personal data within the scope of the Law No. 6698 on the Protection of Personal Data, such as name, surname, e-mail address, Turkish Republic Identity Number, demographic data, financial data, etc.; The aforementioned data may be recorded, stored in written/magnetic archives, used, updated, shared, transferred, and processed in other ways indefinitely/for a limited period for the purposes of receiving orders, offering products and services, improving products and services, resolving systemic issues, processing payments, conducting marketing activities regarding orders, products, and services with prior approval, updating the BUYER's information, managing and maintaining memberships, fulfilling the distance sales contract and other contracts established between the BUYER and the SELLER, and enabling the SELLER to provide technical, logistical, and other similar functions to third parties.


ARTICLE 5 – RIGHT OF WITHDRAWAL


The BUYER may exercise their right to withdraw from a distance contract for the sale of goods within 15 (fifteen) business days from the date of delivery of the product to themselves or to the person/entity at the address indicated, without incurring any legal or criminal liability and without giving any reason. In distance contracts for the provision of services, this period begins on the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the consumer's consent before the expiry of the withdrawal period. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. To exercise the right of withdrawal, it is necessary to notify the SELLER in writing by registered mail, fax or e-mail within the 15 business day period and the product must not have been used within the framework of the provisions of Article 6. In case of exercising this right;


a) Products to be returned must be delivered complete and undamaged, including the box, packaging, and any standard accessories.

(b) The SELLER is obligated to return the total amount and any documents obligating the BUYER to further obligations within a maximum of 10 days of receiving the cancellation notice, and to retrieve the goods within 20 days.

c) If the value of the goods decreases or return becomes impossible due to a fault of the BUYER, the BUYER is obligated to compensate the SELLER for the damages in proportion to the fault.

d) If, due to the exercise of the right of withdrawal, the amount of the shopping voucher issued by the SELLER falls below the usable amount, the shopping voucher amount used within the scope of the campaign will be cancelled.


ARTICLE 6 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED


Goods prepared according to the BUYER's requests or explicitly tailored to their personal needs, which are unsuitable for return due to their nature and are susceptible to rapid deterioration or have a high probability of exceeding their expiration date, as well as audio or video recordings, software programs, and computer consumables whose packaging has been opened by the BUYER, cannot be returned in accordance with the Regulation.


ARTICLE 7 – COMPETENT COURT


In the implementation of this agreement, the Consumer Arbitration Boards and Consumer Courts in the place where the BUYER purchased the goods or services and where they reside, up to the value declared by the Ministry of Customs and Trade, shall have jurisdiction. The SELLER may submit complaints and objections to the consumer arbitration board or consumer court in the place where the goods or services were purchased or where they reside, within the monetary limits determined annually in December by the Turkish Ministry of Customs and Trade. Information regarding the monetary limit is provided below.


Effective from January 1, 2014, the lower monetary limit for the binding nature of consumer dispute arbitration board decisions, as stipulated in the fifth and sixth paragraphs of Article 22 of Law No. 4077 on Consumer Protection, and for their admissibility as evidence in higher or consumer courts, has been determined as 1,272.19 TL . Furthermore, the lower monetary limit for provincial arbitration boards operating in metropolitan areas to be responsible and authorized to handle disputes, as defined in the third paragraph of Article 5 of the Regulation on Consumer Dispute Arbitration Boards published in the Official Gazette dated August 1, 2003, and numbered 25186, has been determined as 3,321.17 TL .

This Agreement is made for commercial purposes.

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