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DISTANCE SALES AGREEMENT

1. PARTIES

This Agreement has been signed between the following parties under the terms and conditions set out below.

“BUYER”; (hereinafter referred to in the agreement as the “BUYER”)

Name Surname:

Address:

Phone:

E-mail:

“SELLER”; (hereinafter referred to in the agreement as the “SELLER”)

Name Surname: Pixwrap Limited Company (hereinafter referred to in short as the “SELLER”)

Address: Address to be entered

By accepting this agreement, the BUYER acknowledges in advance that, if they confirm the order that is the subject of the agreement, they will be obligated to pay the price of the order and any additional fees indicated such as shipping costs and taxes, if any, and that they have been informed of this.

2. DEFINITIONS

In the application and interpretation of this agreement, the terms written below shall have the explanations written opposite them.

MINISTER: the Minister of Customs and Trade,

MINISTRY: the Ministry of Customs and Trade,

LAW: Consumer Protection Law No. 6502,

REGULATION: the Distance Contracts Regulation (Official Gazette: 27.11.2014/29188)

The subject of any consumer transaction other than the supply of goods made or undertaken to be made in exchange for a fee or benefit,

The company that offers goods to the consumer within the scope of its commercial or professional activities, or that acts on behalf of or on account of the party offering the goods,

BUYER: the natural or legal person who acquires, uses or benefits from goods or services for non-commercial, non-professional purposes,

SITE: the SELLER’s website,

ORDERING PARTY: the natural or legal person who requests goods or services through the SELLER’s website,

PARTIES: the SELLER and the BUYER,

AGREEMENT: this agreement entered into between the SELLER and the BUYER,

GOODS: refers to movable property that is the subject of the sale, and software, sound, image and similar intangible goods prepared for use in electronic form.

3. SUBJECT

This Agreement regulates the rights and obligations of the parties in accordance with the provisions of Consumer Protection Law No. 6502 and the Regulation on Distance Contracts, regarding the sale and delivery of the product whose qualities and sale price are specified below, ordered electronically by the BUYER through the SELLER’s website.

The prices listed and announced on the site are sale prices. Announced prices and offers are valid until updated and changed. Prices announced for a limited time are valid until the end of the specified period.

4. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE AGREEMENT AND INVOICE INFORMATION

4.1 The basic characteristics of the Goods/Product(s)/Service (type, quantity, brand/model, color, number of units) are published on the SELLER’s website. If a campaign has been organized by the Seller, you may review the basic characteristics of the relevant product during the campaign period. It is valid until the campaign date.

4.2. The prices listed and announced on the site are sale prices. Announced prices and offers are valid until updated and changed. Prices announced for a limited time are valid until the end of the specified period.

4.3. The shipping cost for the product will be paid by the BUYER.

4.4. The invoice will be delivered together with the order to the invoice address at the time of delivery.

5. GENERAL PROVISIONS

5.1. The BUYER accepts, declares and undertakes that they have read and are informed of the preliminary information on the SELLER’s website regarding the basic characteristics, sale price and payment method of the product subject to the agreement, as well as delivery, and that they have given the necessary confirmation electronically. The BUYER accepts, declares and undertakes that, by confirming the Preliminary Information electronically, prior to the formation of the distance sales agreement, they have correctly and completely obtained the address that must be provided to them by the SELLER, the basic characteristics of the ordered products, the tax-inclusive price of the products, and the payment and delivery information.

5.2. Each product subject to the Agreement is delivered to the BUYER or to the person and/or organization at the address indicated by the BUYER, within the period specified in the preliminary information section of the website, depending on the distance to the BUYER’s place of residence, provided that this does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the agreement.

5.3. The SELLER accepts, declares and undertakes to deliver the product subject to the Agreement complete, in accordance with the qualities specified in the order and, if any, with warranty documents and user manuals as required, free from any defect, in accordance with legal requirements, in a sound and standard-compliant manner, performing the work on the basis of honesty and good faith, maintaining and improving service quality, and exercising the necessary care, caution and foresight during the performance of the work.

5.4. Before the expiry of the performance obligation arising from the agreement, the SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit approval.

5.5. If the SELLER is unable to fulfill its obligations under the agreement because performance of the ordered product or service has become impossible, it accepts, declares and undertakes that it will notify the consumer in writing within 3 days of becoming aware of this situation, and will refund the total price to the BUYER within 14 days.

5.6. The BUYER accepts, declares and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that if, for any reason, the price of the product subject to the Agreement is not paid and/or is cancelled in bank records, the SELLER’s obligation to deliver the product subject to the Agreement will end.

5.7. If, after the product subject to the Agreement has been delivered to the BUYER or to the person and/or organization at the address indicated by the BUYER, the price of the product subject to the Agreement is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized use of the BUYER’s credit card by unauthorized persons, the BUYER accepts, declares and undertakes that they will return the product subject to the Agreement to the SELLER within 3 days, with the shipping cost to be borne by the SELLER.

5.8. If the SELLER is unable to deliver the product subject to the Agreement within the specified period due to force majeure circumstances arising independently of the will of the parties, which could not have been foreseen in advance, and which prevent and/or delay the parties from fulfilling their obligations, the SELLER accepts, declares and undertakes that it will notify the BUYER of the situation. The BUYER has the right to request from the SELLER that the order be cancelled, that the product subject to the Agreement be replaced with an equivalent, if available, and/or that the delivery period be postponed until the impediment is removed. If the order is cancelled by the BUYER, for payments made by the BUYER in cash, the product amount will be paid to them in cash and in full within 14 days. For payments made by the BUYER by credit card, the product amount will be refunded to the relevant bank within 14 days after the order is cancelled by the BUYER. The BUYER accepts, declares and undertakes that the average time for the amount refunded by the SELLER to the credit card to be reflected in the BUYER’s account by the bank may take 2 to 3 weeks, that the reflection of this amount in the BUYER’s account after it is refunded to the bank is entirely related to the bank’s own transaction process, and that the BUYER cannot hold the SELLER responsible for any resulting delays.

5.9. The SELLER has the right to reach the BUYER through letters, e-mail, SMS, telephone calls and other means, for communication, marketing, notification and other purposes, via the address, e-mail address, landline and mobile phone numbers and other contact information specified by the BUYER on the site’s registration form or later updated by the BUYER. By accepting this agreement, the BUYER accepts and declares that the SELLER may carry out the above-mentioned communication activities directed at them.

5.10. The BUYER will inspect the goods/service subject to the Agreement before accepting delivery; they will not accept delivery from the shipping company of goods/services that are damaged or defective, such as being crushed, broken, or having torn packaging. Goods/services accepted upon delivery will be deemed undamaged and sound. The obligation to carefully preserve the goods/service after delivery belongs to the BUYER.

5.11. In the event that the holder of the credit card used during the order is not the same person as the BUYER, or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request from the BUYER the identity and contact information of the credit card holder, the credit card statement for the previous month relating to the card used in the order, or a letter from the cardholder’s bank confirming that the credit card belongs to them. The order will be suspended during the period until the BUYER provides the requested information/documents, and if the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order.

5.12. The BUYER declares and undertakes that the personal and other information they provided when registering on the SELLER’s website is accurate, and that they will immediately, in cash and in full, compensate the SELLER for any damages the SELLER may incur due to the inaccuracy of this information, upon the SELLER’s first notification.

5.13. The BUYER accepts and undertakes in advance to comply with legal regulations while using the SELLER’s website and not to violate them. Otherwise, all legal and criminal liabilities that arise will be entirely and exclusively binding on the BUYER.

5.14. The BUYER may not use the SELLER’s website in any way that disrupts public order, is contrary to general morality, disturbs or harasses others, is for an unlawful purpose, or infringes upon the material and moral rights of others. In addition, members may not engage in activities (spam, viruses, trojan horses, etc.) that prevent or hinder others from using the services.

5.15. The SELLER’s website may contain links to other websites and/or other content that are not under the SELLER’s own control and/or that belong to or are operated by other third parties. These links have been placed to provide the BUYER with ease of navigation and do not constitute an endorsement of any website or the person operating that site, nor do they constitute any kind of warranty regarding the information contained on the linked website.

5.16. A member who violates one or more of the articles listed in this agreement shall be personally liable, criminally and legally, for this violation, and shall hold the SELLER harmless from the legal and criminal consequences of these violations. Furthermore, in the event that this violation is brought before the courts, the SELLER reserves the right to claim compensation from the member for failure to comply with the membership agreement.

6. RIGHT OF WITHDRAWAL AND PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Goods prepared at the BUYER’s request or clearly according to their personal needs and which are not suitable for return, such as underwear bottoms, swimsuits and bikini bottoms, cosmetic products, single-use products, goods that are liable to deteriorate quickly or whose expiry date may pass, products whose return after the packaging has been opened by the BUYER following delivery is not appropriate for health and hygiene reasons, products which become mixed with other products after delivery and which cannot by their nature be separated, goods relating to periodical publications such as newspapers and magazines other than those supplied under a subscription agreement, services performed instantly in electronic form or intangible goods delivered instantly to the consumer, as well as sound or video recordings, books, digital content, software programs, data recording and data storage devices and computer consumables whose packaging has been opened by the BUYER, cannot be returned under the Regulation. In addition, the exercise of the right of withdrawal, before the expiry of the withdrawal period, for services whose performance has begun with the consumer’s approval, is also not possible under the Regulation. Cosmetic and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) must have unopened, untested, undamaged and unused packaging in order to be returned.

Since the products and orders provided under the service offered within the scope of this agreement are prepared specifically for the individual, there is no right of withdrawal, return, exchange or cancellation option in accordance with the regulation article explained in detail above. If the member believes there has been an error caused by Pixwrap, they should send an e-mail to info@pixwrap.com.

7. DEFAULT AND ITS LEGAL CONSEQUENCES

If the BUYER makes payment by credit card and defaults, they accept, declare and undertake that they will pay interest within the framework of the credit card agreement between themselves and the card-issuing bank, and that they will be liable to the bank. In this case, the relevant bank may resort to legal action; it may claim from the BUYER any resulting costs and attorney’s fees, and in any case, in the event of the BUYER defaulting on their debt, the BUYER accepts, declares and undertakes that they will pay the SELLER for the loss and damage incurred by the SELLER due to the delayed performance of the debt.

8. COMPETENT COURT

Complaints and objections regarding disputes arising from this agreement shall be submitted, within the monetary limits specified in the law below, to the consumer arbitration committee or consumer court located at the consumer’s place of residence or where the consumer transaction took place.

9. ENTRY INTO FORCE

The BUYER is deemed to have accepted all the terms of this agreement when they make payment for the order placed through the Site. The SELLER is obliged to make the necessary software arrangements to obtain confirmation, prior to the order being completed, that this agreement has been read and accepted by the BUYER on the site.

Buyer:

Date:

Pixwrap

Kızılırmak Mahallesi, Dumlupınar Bulvarı
(Eskişehir Yolu) Next Level
Çankaya, Ankara
Türkiye

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