Distance Selling Agreement

PLEASE, as required by law, print out and read the following contract text in 12-point bold font. Furthermore, every buyer who makes a purchase from our website is deemed to have read and accepted all the clauses of the following sales contract without the need for further notification.

ARTICLE 1 - PARTIES TO THE AGREEMENT

SELLER: Tuba Karacalı

Address: Akşemsettin Mh. Fevzipaşa Cd. No:27/1 Fatih-Istanbul

Tel.: +90 540 081 34 35

Email: info@tubaaraca.com

Website: tubakaraca.cim

BUYER: Customer (The buyer is the person making a purchase from the seller's website, tuaykaraca.com. The address and contact information provided by the buyer will be used for invoicing and contact details.)

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

ARTICLE 2 - SUBJECT OF THE AGREEMENT:

The subject of this agreement is the sale and delivery of the goods/services ordered by the Buyer electronically from the Seller's website tuaykaraca.com, possessing the characteristics mentioned in the agreement and with the sales price also stated therein, and the determination of the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.

The buyer acknowledges and declares under this agreement that they are aware of the essential characteristics of the goods/services subject to sale, the sales price, payment method, delivery conditions, etc., all preliminary information regarding the goods/services subject to sale, and their right of withdrawal, that they have confirmed this preliminary information electronically, and that they subsequently placed an order for the goods/services. Furthermore, the right of withdrawal cannot be exercised for products whose packaging, tape, or other protective elements have been opened after delivery, as this is not appropriate for health and hygiene reasons. Opening the product packaging constitutes an exception to the right of withdrawal.

The prices listed and advertised on the site are the selling prices. Advertised prices are valid until updated or changed. If a product is advertised for a limited time, the advertised price will be valid until the end of the specified period.

The buyer acknowledges and agrees that the data they enter into the system, both when registering on the site and during shopping, belongs to them or that they have permission to use and share it; they will not enter any data into the system that they do not own or have the right to use; otherwise, they will be held fully responsible. The preliminary information and invoice on the tuaykaraca.com payment page are integral parts of this agreement. The buyer is deemed to have accepted all the terms and conditions of this agreement upon placing an order. 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.

ARTICLE 3 - DATE OF THE AGREEMENT, DELIVERY OF GOODS/SERVICES, PLACE OF PERFORMANCE OF THE AGREEMENT AND METHOD OF DELIVERY:

This agreement is drawn up on the date the order is placed by the Buyer. The goods/services will be delivered to the Customer at the address requested by the Buyer. Packages suspected of being damaged during shipment must be opened and inspected in the presence of the delivery company representative. If there is any damage to the product, a damage report must be filed with the shipping company, and the product should not be accepted. Failure to file a damage report will render the BUYER liable for the delivery of the product, thereby accepting that the shipping company has fully fulfilled its duties.

ARTICLE 4. GENERAL PROVISIONS

4.1. The BUYER acknowledges that they have read and are informed about the basic characteristics of the products displayed on the WEBSITE, the sales price, the payment method, and preliminary information regarding delivery, and that they have given the necessary confirmation for the sale in electronic form.

4.2. The product will be delivered to the delivery address specified by the buyer on the website, packaged and in good condition, along with the invoice, within a maximum of 30 days.

4.3. If the PRODUCT is to be delivered to a person/entity other than the BUYER, the SELLER cannot be held responsible if the recipient refuses delivery.

4.4. The BUYER is responsible for inspecting the PRODUCT upon receipt and, if any problems caused by shipping are found, for refusing to accept the PRODUCT and having a report drawn up by the SHIPPING company representative. Otherwise, the SELLER will not accept responsibility.

4.5. The Agreement approved by the BUYER during the purchase from the WEBSITE is sufficient and valid in all cases.

4.6. Unless otherwise stipulated in writing by the SELLER, the BUYER must have paid the full price of the PRODUCT before taking delivery. If the price of the PRODUCT is not paid to the SELLER before delivery, the SELLER may unilaterally cancel the contract and not deliver the PRODUCT.

4.7. If, for any reason after delivery of the PRODUCT, the Bank/financial institution to which the credit card used for the transaction belongs fails to pay the PRODUCT price to the SELLER, the PRODUCT shall be returned to the SELLER by the BUYER within 3 days at the latest, with all expenses borne by the BUYER. The SELLER's right to pursue the PRODUCT price and all other contractual and legal rights are reserved in all circumstances. To avoid any misunderstanding; installment/deferred payment options provided by institutions such as banks and financial institutions that issue credit cards, installment cards, etc., are a credit and/or a direct installment payment option provided by the said institution; PRODUCT sales that take place within this framework and for which the SELLER has received full payment are not considered installment sales for the parties to this Agreement, but cash sales. The SELLER reserves all legal rights in cases legally considered installment sales (including the right to terminate the contract and/or demand full payment of the remaining debt with default interest in case of non-payment of any installment). In case of default by the BUYER, default interest at a rate of 5% per month will be applied.

4.8. If the PRODUCT cannot be delivered within 30 days due to extraordinary circumstances (such as adverse weather conditions, earthquakes, floods, or fires) outside of normal sales conditions, and the delay exceeds 10 days, the SELLER will inform the BUYER regarding the delivery. In this case, the BUYER may cancel the order, order a similar product, or wait until the extraordinary circumstances end. If the PRODUCT price has been collected in case of order cancellation, it will be refunded to the BUYER within 10 days of the cancellation. For credit card payments, the refund will be made to the BUYER's credit card or bank account.

4.9. The BUYER may submit requests and complaints regarding the PRODUCT and the sale to the SELLER through the SELLER's communication channels specified in the introductory section of the Agreement.

4.10. Delivery of the product subject to this contract is conditional upon payment of the product price using the payment method preferred by the BUYER. 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.

4.11. The SELLER has the right to contact the BUYER via letter, email, SMS, telephone call and other means for communication, notification and other purposes, using the address, email address, landline and mobile phone numbers and other contact information specified by the BUYER in the site registration form or subsequently updated by the BUYER. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities directed towards them. The BUYER's rights as set forth in the Disclosure Statement and Privacy Policy on the Site are reserved.

4.12. The BUYER hereby accepts and undertakes to comply with and not violate the provisions of legal legislation while using the SELLER's website. Otherwise, all legal and criminal liabilities arising therefrom shall be solely and exclusively borne by the BUYER.

ARTICLE 5 - RIGHT OF WITHDRAWAL

You can return the product within 14 days of receiving your order, provided the SELLER's product box is unopened and with customer service approval. Once your order reaches our return warehouse, it will be inspected, and after confirmation that it is unopened, your refund will be processed to your bank. The BUYER is hereby informed that, since the SELLER's products are cosmetics, the right of withdrawal and return is ONLY accepted if the product box is completely unopened; otherwise, the right of withdrawal and return will not be accepted.

If you suspect a package has been damaged during shipping, open and inspect it in front of the courier company representative before accepting delivery. If you find any damage, do not accept the product and have the courier company representative prepare a damage report. Please note that failure to prepare a damage report means that by accepting delivery, you acknowledge that the courier company has fully fulfilled its obligations.

If the product is found to be damaged, broken, destroyed, torn, or used in any way, and is not returned in the same condition as when it was delivered to the customer, the product will not be accepted for return and the purchase price will not be refunded.

If you return the product, your return process will be completed within seven (7) business days from the moment the product reaches the company, unless there is an unforeseen circumstance.

Once the refund process is approved, credit card refunds will be processed according to the cardholder's bank's refund procedures. The BUYER is informed that refund procedures may vary from bank to bank. Your bank may not reflect credit card refunds in your account within the same statement period. In this case, you should contact your bank's credit card service.

ARTICLE 6 - PROTECTION OF PERSONAL DATA AND PRIVACY

The information provided by the BUYER in this Agreement and the information provided to the SELLER for the purpose of making payment will not be shared by the SELLER with any third parties other than the contracted shipping company. If the SELLER is obliged to disclose such information due to administrative or legal requirements, the BUYER shall not hold the SELLER liable. The SELLER declares that it will process the personal data of the BUYER, who is a party to this Agreement, in accordance with the primary and secondary obligations arising from Law No. 6698, for the purpose of fulfilling and establishing this Agreement, and that it will ensure data security to prevent the unlawful processing, access, and disclosure of the personal data it obtains from the BUYER, and to ensure its preservation, and that sufficient technical and administrative measures have been taken in this regard. The SELLER will also delete, destroy, or anonymize data whose processing purpose has ceased, in compliance with the periods stipulated in other laws. By approving this Agreement, the BUYER acknowledges, declares, and undertakes that it has been informed by the SELLER regarding the processing of personal data in accordance with Law No. 6698 and within the scope of the Disclosure Statement.

ARTICLE 7 - AGREEMENT ON EVIDENCE, COMPETENT COURT AND EFFECTIVE DATE

In resolving any disputes arising from this Agreement and/or its implementation, the SELLER's records (including records on magnetic media such as computer and audio recordings) shall constitute conclusive evidence; Consumer Arbitration Boards shall have jurisdiction up to the value declared by the Ministry of Science, Industry and Technology, and in cases exceeding this value, the Istanbul Consumer Courts and Enforcement Offices shall have jurisdiction.

The BUYER declares, acknowledges, and undertakes that they have read all the terms and conditions written in this contract and the order form, which forms an integral part thereof, that they have received, examined, and fully accepted all the terms of sale and other preliminary information.

The BUYER is deemed to have accepted all the terms of this agreement when they make the payment for their order placed through the Site. The SELLER is obligated to make the necessary software arrangements to ensure that the BUYER reads and accepts this agreement on the site before the order is processed.