Distance Sales Agreement

This Agreement regulates the rights and obligations of the parties with respect to the sale and delivery of the following products/services ("Product(s") that the Buyer (Consumer) wishes to purchase by placing an order on the "shamexpress.com" e-commerce website (the "Website") of the Seller and other issues. After the Buyer agrees to this Agreement on the Website, the price and expenses of the product(s) ordered by the Buyer are charged by the payment method chosen by the Buyer.

Article 1.

• This Agreement is signed between the following parties under the terms and conditions set out below.

1.1- Seller:

• "Seller" (hereinafter referred to as "Seller" in the Contract)

Address:

Bahcilievler / Istanbul

Tel: +905013228895

Email: [email protected]

Mercedes:

1.2 Buyer:

• Buyer (consumer); (hereinafter referred to as "Buyer" in the Contract)

In the application and interpretation of this contract, the terms written below indicate the corresponding written interpretations thereof.

Article 2. Definitions

Service: the subject of any consumer transaction other than the provision of goods made or the promise to provide them for a fee or interest,

Seller: a company that provides goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on behalf of the supplier of goods,

Buyer: The natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,

Website: Seller's website,

Applicant: A real or legal person requesting a good or service through the seller's website,

Parties: seller and buyer,

Contract: this contract between the seller and the buyer,

Merchandise/Product: refers to movable goods subject to shopping, software, audio, video and similar intangible goods intended for use in the electronic environment.

Article 3.

3.1. This Agreement regulates the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts regarding the sale and delivery of the product, which is ordered electronically through the Seller's website, in the event that the Buyer is a consumer.

3.2. In the event that the Buyer is a merchant or wholesale purchases, the general provisions between the parties will apply in accordance with the relevant articles of the TCC and TCC, and the rules arising from the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts will not apply in favor of the Buyer. In the event that the buyer is a merchant or in bulk purchases, the buyer accepts, declares and undertakes the provisions that will apply in the event that he is a merchant in this contract with the TCC.

3.3. The prices listed and advertised on the Website are the selling price. Published prices are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.

Article 4 - Product subject to the contract

Type and type, quantity, brand/model, color, selling price of products as mentioned above.

 Type, type, quantity, brand/model, color and selling price of products as mentioned above, this information has also been approved by the buyer.

Payment (collection) information

Payment method: (Credit Card / Cash Payment)

Payment Card Type: Visa/MasterCard...

Card Number: ...

Pay with a credit card: ...

Credit Card: Installment / One Payment

Total amount: ...]

In the section above, there is information about the number of installments to be paid The total order that will be sent to your bank. By organizing campaigns, your bank may apply a higher number of installments than the number of installments you have chosen, and services such as installment deferrals may be offered. These campaigns are at the discretion of your bank, and if our company is aware of them, information about the campaigns is provided on our pages.

Delivery costs at the expense of the buyer. If the seller has announced on the website that the delivery charges for shoppers above the advertised number will be covered by him or that he will make free delivery within the campaign, the delivery cost is up to the seller.

In addition, the price charged for payment at the door service offered by shipping companies is entirely the result of the legal relationship arising between the shipping company and the customer. The seller assumes no responsibility for such fees and refunds. With the conclusion of this contract, the buyer declares that he accepts this matter.

Delivery; This is done as soon as possible after the stock is available and the price of the goods is transferred to the seller's account. The Seller delivers the goods/services within 30 (thirty) days of ordering the goods/services and reserves the right to extend an additional 10 (ten) days with written notice during this period. If the price of goods / services is not paid or canceled in the bank records for any reason, the seller is exempt from the obligation to deliver the goods / services.

Article 5.

5.1. This contract is concluded between the Seller and the Buyer. If the buyer is a consumer, the provisions of this contract regulated in accordance with Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts apply.

5.2. In the event that the Buyer is a Merchant or Bulk Purchases, the total cost of ownership, TCC and the provisions governing this Contract will apply to be applied to Merchants. The buyer accepts and declares that the provisions set forth in favor of the consumer in this contract will not apply to him if he is a merchant or in bulk purchases.

5.3. Persons under the age of 18 and adults who lack the power of discrimination or are limited cannot shop from the Seller. The seller assumes no responsibility for attempts to create a distance sales contract by persons under the age of 18 and adults who lack the power of discrimination or are limited through the website.

5.4. The Buyer confirms that he has been informed of the following issues by seeing and examining all public and private interpretations on the relevant pages and parts of the Site before accepting and creating this Agreement by the Buyer on the Site and before both the order and the obligation to pay.

• address, contact information of the seller and current introductory information,

• tools and methods appropriate for the stages of the sales process during the purchase of the product(s) from the Website and correction of incorrectly entered information,

• Electronic contact information through which to obtain the professional chamber (ITO-Istanbul Chamber of Commerce) of which the seller is a member and the code of conduct provided for by the ITO in relation to the profession (tel: 4440486, www.ito.org.tr)

• confidentiality and processing of data use and electronic communication rules applicable to the buyer's information applied by the seller, the permissions granted by the buyer to the seller in these matters, the legal rights of the buyer, the rights of the seller and the procedure for exercising the rights of the parties,

• shipping restrictions stipulated by the seller for the products,

• payment methods - means accepted by the seller for the product(s) subject to the contract, basic features - features of the products, the total price of the products including taxes (the total price that the buyer has to pay to the seller, including related costs),

• information on the procedure for delivering products to the buyer, shipping, delivery and shipping costs,

• other payment/collection and delivery information relating to the products and information relating to the performance of the contract and the obligations and responsibilities of the parties in these matters,

• other products, goods and services that the buyer is not entitled to withdraw,

• In cases where the buyer has the right to withdraw - return the goods to the seller -, the conditions, duration and procedure for exercising this right and the buyer will lose the right of withdrawal if the right is not used in a timely manner,

• In the case of products with the right of withdrawal, if the product deteriorates or undergoes a change due to non-use in accordance with the instructions for use, normal operation or technical specifications during the withdrawal period, the buyer's withdrawal request may not be accepted and he will be liable to the seller in any case, and in cases where the seller accepts, he may collect the amount he deems appropriate in accordance with the disruption or change in question with a deduction (compensation) of the refund amount to be made to the buyer ،

• in cases where there is a right of withdrawal, how the products can be returned to the seller and all related financial issues (including return methods, costs, product price refunds, discounts and discounts that can be made for reward points earned/used by the buyer during the return),

• if the buyer is a legal person, he cannot use "consumer rights", in particular the right of withdrawal - return of goods to the seller -, for products purchased for commercial or professional purposes (for example, bulk purchases of this kind are considered anyway),

• According to its nature, the buyer can retain and access all other terms of sale listed in this agreement and this agreement for the required period of time and access them from here, as this agreement is sent to the buyer by e-mail after being approved and established by the buyer on the website, and the seller can keep it for three years.

• In case of disputes, the buyer can submit his complaints to the seller and submit his legal requests to the state/state arbitration committees  and consumer courts in accordance with the relevant provisions of Law No. 6502.

5.5. Each product subject to the contract is delivered to the BUYER, person and / or organization at the address indicated by the BUYER, provided that it does not exceed the statutory period of 30 days. If the product cannot be delivered to the buyer during this period, the buyer reserves the right to terminate the contract.

5.6. If the Buyer is a merchant or bundled purchases, the parties may also agree on the delivery time. In this case, the buyer, who is the merchant, agrees and also declares receipt of the products within the agreed time.

5.7. To the extent that this statutory period of 30 days for the Pre-Order Product(s) will begin after the sales date announced on the sales page of the relevant Product, there may be a delay due to the Supplier Company on that Sale Date. In this case, the seller must inform the buyer in writing in advance. In this case, the Buyer may use one of the rights to deliver the Product(s) subject to the order by waiting for the cancellation of the order or the time of delivery. If the buyer cancels the order, refund the amount paid to him within 14 (fourteen) days.

5.8. If the Product(s) subject to the distance sales contract will be delivered to a person/organization other than the Buyer, the Seller cannot be held responsible for the failure of the person/organization to deliver to accept delivery.

5.9. The seller accepts, declares and undertakes to fully implement the product subject to the contract, in accordance with the qualifications specified in the order and free from all kinds of defects, in accordance with the requirements of legal legislation, in accordance with the principles of accuracy and honesty, in accordance with standards, showing the necessary care and attention during the performance of work.

5.10. The Seller may fulfill the contractual performance obligation by providing a different product of equal quality and price by informing the Buyer and obtaining his consent before the expiry of the period.

5.11. For the delivery of the Product(s) subject to the Distance Sales Contract, this Distance Sales Contract must be confirmed electronically and the price of the Product(s) must be paid by the payment method preferred by the Buyer. If the price of the product is not paid or canceled in the bank records for any reason, the seller is relieved of the obligation to deliver the product.

5.12. In the event that the BUYER makes payment for the product(s) subject to the distance sales contract in the form of "account deposit" from an ATM or branch of any bank, the BUYER is obliged to correctly and completely send the IBAN of a bank account belonging  to the BUYER to the  e-mail address [email protected]   of the Seller and to accept and undertake to agree to Refund to IBAN number by seller. As long as the account information is not notified by the buyer, the seller will not be in default and the seller's liability arising from the default will not be incurred.

5.13. The Seller accepts, declares and undertakes that if the Seller is unable to deliver the product subject to the contract within the time limit due to force majeure and legal and administrative regulations, such as the occurrence of situations that develop beyond the will of the parties, cannot be foreseen in advance and prevent and / or delay the parties from fulfilling their obligations, he will notify the Buyer. The buyer also has the right to ask the seller to cancel the order, replace the product subject to the contract with its predecessor, if any, and / or postpone the delivery time until the obstruction status disappears. In case of cancellation of the order by the buyer, the amount of the product will be returned to him within 14 days for payments made by the buyer in cash. For payments made by the buyer by credit card, the amount of the product is returned to the relevant bank within 14 days after the cancellation of the order by the buyer. The buyer accepts, declares and undertakes that the average reversal of the amount returned by the seller to the credit card to the buyer's account by the bank may take from 2 to 3 weeks, and that the buyer cannot hold the seller responsible for possible delays, since the reflection of this amount on the buyer's accounts after returning this amount to the bank is completely related to the banking transaction process. The Seller reserves the right to compensate the price to be refunded, arising out of this Agreement and the law or arising from the use.  In the event that the buyer is a merchant or wholesale purchases, the failure to deliver the product subject to the contract within the time limit due to force majeure and legal and administrative regulations does not give the buyer the right to withdraw from the contract. In the event that the buyer is a merchant or wholesale purchases, the right to withdraw from the contract may be exercised in accordance with the general provisions of the TCC and TCC.

5.14. The creation of this contract with the Buyer will be possible only by showing the geographical boundaries of Turkey as the delivery address. In the event that the buyer refers to a place outside the geographical boundaries of Turkey as the delivery address, this contract will not be created and the buyer accepts, declares and undertakes that the seller will not bear any responsibility in this regard.

5.15. The Seller has the right to access the Buyer for communication, marketing, notification and other purposes by letter, e-mail, SMS, telephone calls and other means via address, e-mail address, landline and mobile telephone lines and other contact information specified by the Buyer in the registration form on the Site or later updated by him. By accepting this Agreement, the Buyer accepts and declares that the Seller may engage in the above-mentioned communication activities on his behalf.

5.16. The Seller may use the right of termination and withdrawal from the contract arising from the law and this contract by notification of the e-mail address provided by the Buyer. The Buyer accepts, declares and undertakes that the declaration  of desire to withdraw will be sent by the Seller to the Buyer's email address, and that the Buyer undertakes to accept the terms and consequences of such withdrawal.

5.17. The Buyer will inspect the goods/services subject to the contract before receiving them; You will not receive damaged and defective goods/services such as dented, broken, torn packaging, etc., from the shipping company and this issue will be identified with the damage assessment report that will be prepared with the shipping officer. If the freight forwarder does not have the damage assessment report issued, the buyer will not be able to claim the damage and defect on the goods subject to the contract, and the goods / services received will be considered undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to the buyer. If the right of withdrawal is to be exercised, the goods / services should not be used. The invoice must be returned.

5.18. In the event that the Buyer is a merchant or if the Goods are defective in bulk purchases, he accepts and declares that the provisions on the defect will be applied in accordance with the General Provisions of TCC and TCC. The buyer, who is a merchant, will inspect the goods/services subject to the contract before receiving them; You will not receive damaged and defective goods/services such as dented, broken, torn packaging, etc., from the shipping company and this issue will be identified with the damage assessment report to be prepared with the shipping officer. If the freight forwarder does not have the damage assessment report issued, the buyer will not be able to claim the damage and defect on the goods subject to the contract, and the goods / services received will be considered undamaged and intact.

5.19. In the event that the Buyer and the holder of the credit card used during the order are not the same person or a security vulnerability is discovered in relation to the credit card used in the order before the product is delivered to the BUYER, the SELLER requires the BUYER to provide the identity and contact information of the credit card holder, the credit card statement used in the order for the previous month or a letter from the cardholder's bank stating that the credit card belongs to him, and all necessary information and documents can. The order will be frozen until the buyer provides the information/documents subject to the order, and if the above orders are not fulfilled within 24 hours, the seller has the right to cancel the order. In this case, the buyer will not be able to claim any rights and dues from the seller.

5.20. In the event that there is an application of bonus points in the sale, as a rule of taxes, valid, in cases where the Buyer discovers unfair bonus points in any way, the monetary value of the respective bonus points may be collected from the Buyer (by credit card, cash and other legal methods). This provision also applies to the price of goods provided as a gift from the seller to the buyer as a result of the application of such a system.

5.21. The Buyer declares and undertakes that personal and other information provided to the Seller's website is truthful, and that the Seller will compensate all damages incurred due to the incorrectness of such information, immediately, in cash and in full, at the first notification to the Seller.

5.22. The Buyer agrees and undertakes from the outset to comply with the provisions of the Legal Regulations and not to violate them while using the Seller's Website. Otherwise, all legal and penal liabilities that may arise will belong in full and exclusively to the buyer.

5.23. The Buyer may not use the Seller's Site in any way that disrupts public order, violates public morals, annoys and harasses others, for an illegal purpose, violates the material and moral rights of others. In addition, the Buyer may not engage in activities (spam, viruses, Trojans, etc.) that prevent or make it difficult for others to use the Services.

5.24. rights arising from the registration of the registered product(s) purchased by the Buyer; The Buyer accepts and declares that he is responsible for violations that may occur due to illegal acts such as copying and reproduction of the Registered Product and damages to rights arising from registration for all other reasons. The buyer reserves the right to claim any compensation and other claims arising from the unauthorized use of said registered products against the seller.

5.25. Links to other websites and/or other content owned and/or operated by other third parties not under the control of the Seller and/or owned and/or operated by other third parties may be provided through the Seller's website. These links are placed for the purpose of providing ease of guidance to the buyer and do not support any website or person operating this website, and the seller assumes no responsibility for the information contained in the linked site.

5.26. A Buyer who violates one or more of the articles listed in this Agreement shall bear personal responsibility for such violation and will keep the Seller free from the legal and penal consequences of such violations. In addition; In the event that the incident is transferred to the legal sphere due to this violation, the seller reserves the right to claim compensation from the buyer.

5.27. If the Buyer fails to pay for any reason during payment; The Buyer accepts, declares and undertakes that he will pay the loss and damage incurred by the Seller due to the late payment of the debt.

Article 6.

6.1. In order to exercise the right of withdrawal in accordance with the provisions of this Contract, the Buyer must be a consumer. Only under these circumstances, the buyer can use the right of withdrawal arising from the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts. In the event that the buyer is a merchant or wholesale purchases, the buyer may exercise the right to withdraw from the contract in accordance with the general provisions of the TCC and TCC. In the event that the buyer is a merchant or wholesale purchases, the seller reserves the right to unilaterally withdraw from the contract in accordance with the general provisions of the TCC and TCC.

6.2. If the Buyer is a consumer; If the Distance Contract is related to the sale of the Goods, within 14 (fourteen) days from the date of delivery of the Product to him or to the person/organization at the indicated address, he may use his right to withdraw from the contract by refusing the Goods without incurring any legal and criminal liability and without giving any reason, provided that he notifies the Seller. In remote contracts for the provision of services, this period begins from the date of signing the contract. Before the expiration of the right of withdrawal, the right of withdrawal cannot be exercised if the performance of the service begins with the consent of the consumer. Costs arising from the use of the right of withdrawal belong to the seller. By accepting this contract, the buyer accepts in advance that he has been informed of the right of withdrawal.

6.3. If the Buyer is a consumer; In order to exercise the right of withdrawal, written notice must be sent to the Seller by registered mail, fax or e-mail within 14 (fourteen) days and the product must not be used within the framework of the provisions "Products for which the right of withdrawal cannot be used" regulated by this Contract. if this right is exercised;

• The product delivered must be sent to the person or buyer with the invoice. (If the product invoice to be returned is a company, it must also be sent with the return invoice issued by the organization in case of other obligations. Order returns, billed on behalf of organizations, will not be completed if the return invoice is not issued.) Products to be returned must be submitted along with the return form.

• Products to be returned must be delivered complete and undamaged, with their standard packaging, packaging and accessories, if any.

• The seller is obliged to return the total price and documents that put the buyer under debt to the buyer and return the goods within 14 days at most from receipt of the withdrawal notice.

• If there is a decrease in the value of the goods due to the buyer's fault or if return becomes impossible, the buyer is obliged to compensate the seller's damages in proportion to his fault. However, the buyer is not responsible for changes and deterioration that occur due to the proper use of goods or products within the right of the withdrawal period.

• In the event that the campaign limit amount issued by the seller decreases from the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.

• The products to be returned must be sent to the seller's address specified at the conclusion of the contract, at the seller's expense, through the contracted shipping company specified on the site. Otherwise, it is considered that the right of withdrawal has not been exercised.

Article 7 - Products that cannot be used as a return right to the seller

In the event that the buyer is a consumer, underwear and all its derivatives, disposable products, deformed products, destroyed products, goods or services whose prices vary depending on fluctuations in the financial markets and are not under the control of the seller or supplier, even if they are not used, are prepared in line with the buyer's request or personal needs and are not suitable for return, if the package is opened by the buyer after delivery to the buyer , according to the regulation of distance contracts, delivered goods cannot be returned if the packaging is opened by the buyer, products that are not suitable for health and hygiene, products that are mixed with other products after delivery and cannot be separated due to their nature. In addition, the right of withdrawal cannot be used for services that began with the consent of the consumer before the expiration of the right of withdrawal according to the regulation on distance contracts. In order to return products for personal use, underwear, etc., their packaging must be unopened, untested, intact and unused. Again, in general, the right of withdrawal cannot be exercised in cases where the buyer purchases other goods and services acceptable outside the scope of distance sale in accordance with the relevant legislation for commercial / professional purposes.

Article 8 - Rules of security, privacy, personal information, electronic communications and industrial intellectual rights

8.1. The rules and privacy policy and conditions listed below apply to the protection, confidentiality, processing and use of information, communications and other matters on the Website.

8.2. Measures for the security of information and transactions introduced by the Buyer on the Website in the system infrastructure were taken on the part of the Seller, within the scope of existing technical possibilities in accordance with the nature of the information and transaction. However, since the information in question is entered from the Buyer's device, it is the Buyer's responsibility to take the necessary measures, including those related to viruses and similar harmful applications, in order to protect them on the part of the Buyer and prevent access to them by unrelated persons.

8.3. For the provision of various products/services by the Seller, its current and future affiliates, affiliates, partners, successors and / or third parties/organizations determined by the Buyer, and for electronic and other commercial and social communications to be made for the purpose of all kinds of information, advertising and promotion, promotion, sales, marketing, store card, credit cards and membership applications, information obtained during the membership of the Buyer and shopping on the Website, specified Their successors can be recorded indefinitely or for an expected period of time, stored in print/magnetic archives, updated, shared, transmitted, transferred, used and processed in other ways when necessary. This data may also be sent to the relevant authorities and courts when required by law. The buyer consents to and allows the use, sharing and processing of existing and new non-personal information within the scope of the foregoing in accordance with the legislation on the protection of personal data and e-commerce legislation, and the conduct of commercial, non-commercial and other electronic communications for him.

8.4. The Buyer may stop processing the use of data and / or communications at any time by contacting the Seller through the specified communication channels. In accordance with the buyer's clear notification in this regard, the transactions of personal data and/or the party's communications are stopped within the statutory maximum time period; in addition, if desired, their information, except those legally required and / or possible, is deleted from the data registration system or anonymized in a way that cannot be identified. If the buyer wishes, the transactions related to the processing of his personal data, the persons to whom it is transferred, correction in case of incompleteness or incorrectness, notification of corrected information to relevant third parties, deletion or destruction of data, objection to the emergence of a result against him by analyzing it using automated systems, elimination of damage in case of damage due to illegal data processing, always to the seller through the aforementioned communication channels can Apply and get information. Requests and requests in these matters will be fulfilled within the statutory maximum periods or may not be accepted by explaining the party's legal justification.

8.5. in respect of all types of information and content belonging to the Website, their arrangement, revision and partial / full use; except those belonging to other third parties in accordance with the Seller Agreement; All industrial intellectual rights and proprietary rights belong to the Seller.

8.6. The Seller reserves the right to make any changes it deems necessary in the above matters; such changes shall take effect from the moment they are announced by the Seller on the Website or in other convenient ways.

8.7. On other sites accessed from the Website, their privacy security policies and terms of use apply, and the Seller is not responsible for any disputes and negative consequences that may occur.

 Article 9.

9.1. In matters not regulated in this distance sales contract, the provisions of Law No. 6502 on Consumer Protection and related legislation apply if the buyer is a consumer, and if the buyer is a merchant or wholesale purchases, the relevant provisions of the TCC and TCC apply between the parties.

9.2. Complaints and objections in disputes arising from this contract, in the event that the buyer is a consumer, will be submitted to the arbitral tribunal or the consumer court for consumer problems in the place where the consumer is located or where the consumer is treated, within the monetary limits determined and announced by the Ministry of Customs and Trade every year in accordance with the law.

9.3. In disputes made for commercial purposes arising out of this Contract, even though the Buyer is a trader, the Istanbul (Bakirkoy) enforcement offices and courts are exclusively authorized.

9.4. This Distance Selling Agreement has been read, accepted and confirmed by the Parties electronically.

Article 10 - Notice and Evidence Convention

Any correspondence between the parties under this Agreement shall be carried out by e-mail, except in mandatory cases listed in the legislation. The Buyer accepts, declares and undertakes that the official books, commercial records of the Seller, electronic information and computer records kept in its database and servers, will constitute binding, final and exclusive evidence in disputes that may arise from this Agreement, and that this article is in the nature of a contract of proof within the meaning of Article 193 of the Code of Civil Procedure.

Article 11.

11.1. The Buyer has read all the terms and interpretations written on the Site in this Agreement, consisting of 11 (eleven) articles, and in the preliminary information of the Order Contract forming an integral part, and has prior knowledge of all matters written in this Agreement, including the basic features - characteristics of the product / products subject to sale, selling price, payment method, delivery terms, and all other preliminary information - information and right of withdrawal in relation to the Seller and the Product subject to sale , Personal Information - Terms of Electronic Communication accept and declare that it has seen all of this electronically on the Site and that it has accepted the provisions of this Agreement by arranging the product by granting confirmation - approval - acceptance - permission for all of them electronically.

11.2. Both the mentioned preliminary information and this Agreement are also sent to the above e-mail address notified by the Buyer to the Seller, and the confirmation of receipt of the order is also included in the said email with the order summary.

11.3. The text of the preliminary information is part of this Contract and takes precedence over the Contract. It is accepted by the parties that the preliminary information was read before the creation of the sales contract and that the sales contract that follows this text is valid between the parties when the buyer clicks on the checkbox in online remote sales and provides his statement by email that he has read and accepted the preliminary information forum sent to the email address notified to him in telesales by telephone.

11.4. If the Buyer completes the necessary stages and confirmations of the order placed on the Site, he is deemed to have accepted all the terms of this Agreement.