Subject and Scope of the Agreement

 

The distance sales contract ("the contract") has been drafted in accordance with the Consumer Protection Law No. 6502 ("the law") and the Distance Contracts Regulation. The parties to this agreement acknowledge and declare that they know and understand their obligations and responsibilities arising from the law and the regulations concerning distance contracts under this agreement.

 

The subject of this agreement is to define the rights and obligations of the parties in accordance with the provisions of the law and the Distance Contracts Regulation regarding the sale and delivery of goods or services with the specifications specified in the contract, through the buyer sending an electronic order to purchase goods or services from the seller on the website www.hudhudshop.com owned by Hudhudshop for Trade of Clothes and Food ("Hudhudshop / Intermediary Service Provider").

 

The parties accept and declare that the conclusion of this agreement will not impede the fulfillment of the provisions of the website membership agreements that each party has separately concluded with Hudhudshop, and that Hudhudshop is not a party in any way to the sales transactions of goods or services subject to this agreement and does not bear any responsibility or obligation regarding the parties' fulfillment of their obligations under the agreement.

 

 Basic Qualifications and Prices of Goods and Services Subject to the Agreement (including VAT)

 

 Delivery Conditions:

 

Shipping will start within ....... business days after the buyer orders the goods or services.

 

Delivery Address:

 

Recipient:

 

The cost of this product is collected from the buyer by Hudhudshop on behalf of the seller under the payment protection system. By paying the price of the goods/services to Hudhudshop, the buyer is considered to have paid the price of the product to the seller.

 

 Delivery of Goods and Method of Delivery

 

The contract came into force with the buyer's approval in an electronic environment and is executed by delivering the goods or services purchased by the buyer from the seller to the buyer. The goods will be delivered to the address specified by the buyer in the order form and in this agreement and to the person(s) authorized.

 

 Delivery Costs and Performance

 

Delivery costs of the goods belong to the buyer, unless otherwise stated. If the seller declares on the website that the delivery costs will be covered by them, the seller will bear the delivery costs.

 

The goods will be delivered after the payment process and within the period committed. In cases where the delivery of the goods or services mentioned in the order becomes impossible, the seller delivers the goods or services within 30 (thirty) days from the date the buyer orders the goods or services.

 

If the buyer does not pay the price of the goods or services for any reason, or if the payment is canceled in the bank records, the seller is considered exempt from the obligation to deliver the goods or services.

 

The buyer is responsible for the shipping cost for orders canceled by the buyer after the goods have been shipped by the seller but before they are received by the buyer.

 

In cases where the delivery of the goods or services mentioned in the order becomes impossible, the seller must inform the buyer within 3 (three) days from the date they become aware of this situation, and all collected payments, including delivery costs, if any, must be returned within 14 (fourteen) days at the latest from the date of notification. In payments made by the buyer via credit card, the average process of transferring the returned amount to the credit card account by the bank may take from 2 (two) to 3 (three) weeks, and since the transfer of this amount to the buyer's account after the return to the bank is entirely dependent on the banking transaction process, the buyer accepts, declares, and undertakes that they cannot hold the seller responsible for potential delays.

 

 Buyer Declarations and Obligations

 

The buyer declares that they have read and understood the preliminary information uploaded by the seller regarding the essential characteristics, sale price, payment method, as well as the shipping and delivery costs of the goods or services subject to the contract on the website, and provides the necessary confirmation in the electronic environment.

 

Buyers, as consumers, can send their requests and complaints using the seller's contact information above and/or through My Account > My Product Questions on the website.

 

By confirming this agreement and the preliminary information form electronically, the buyer confirms that they have obtained the information that the seller must provide before concluding distance contracts, such as the address, essential characteristics of the requested goods or services, the price of the goods or services including taxes, payment, delivery, and delivery costs, in an accurate and complete manner.

 

If the bank or financial institution concerned fails to pay the price of the goods or services to the seller due to the unfair or unlawful use of the buyer's credit card by unauthorized persons after the delivery of the goods or services, provided that the buyer has received the goods, the buyer must return the goods or services to the seller within 3 (three) days. In this case, the buyer bears the delivery costs.

 

 Seller Declarations and Obligations

 

The seller is responsible for delivering the goods or services subject to the contract to the buyer in accordance with consumer legislation, intact and complete, in accordance with the specifications specified in the order, and with warranty documents and user guides, if any.

 

If the seller cannot deliver the goods or services subject to the contract within the specified period due to force majeure, extraordinary circumstances preventing transportation, and fulfillment of the service, the seller is obliged to notify the buyer within 3 (three) days from the date they become aware of the situation.

 

If the goods or services subject to the contract are to be delivered to a person other than the buyer, the seller cannot be held responsible if the person to be delivered does not accept the delivery.

 

 Right of Return

 

The buyer may exercise their right of return within 14 (fourteen) days from the date of delivery in transactions related to the sale of goods, and from the date of purchase in transactions related to the sale of services, without assuming any legal or criminal responsibility and without providing any justification. The buyer may also exercise their right of return during the pre-delivery period of the goods.

 

The buyer can exercise their right of return by logging into Hudhudshop.com and clicking on the "Make a Return" link under My Account > Existing Order > My Orders on the Hudhudshop.com website. The buyer must fill out the return request form on the relevant page, obtain the seller's return address information, and send the goods back within 10 (ten) days from the date they exercise their right of return. Along with the goods, the invoice, box, packaging, standard accessories, if any, and other products gifted with the goods must be returned without any shortage or damage. If the buyer uses the goods in accordance with the operation process and technical specifications and the usage instructions during the return period, they will not be responsible for any changes or damage that occurs.

 

As long as the buyer sends the goods they are returning to the seller using the shipping company contracted by the seller and specified in the preliminary information form, the return shipping cost will be covered by the seller. If the buyer sends the goods they are returning with a shipping company other than the one contracted by the seller and specified in the preliminary information form, the seller is not responsible for the return shipping cost and any damage to the goods during the shipping process.

 

All payments made by the buyer to the seller or intermediary service provider for the relevant goods or services will be returned to the buyer within 14 (fourteen) days from the date the buyer exercises their right of return (provided that the goods are returned via the carrier specified by the seller for return), in one go, and in a manner suitable to the payment method used by the buyer at the time of purchase without incurring any expenses or obligations to the consumer. In purchases made using a credit card, in cases where the right of return is exercised appropriately, the price of the product will be returned to the account associated with the credit card.

 

Since Hudhudshop is not a party to this distance sales agreement, there is no right of return for the buyer against Hudhudshop and they cannot claim a refund or product replacement from Hudhudshop.

 

 Cases Where the Right of Return Cannot Be Exercised

 

According to the legislation, the buyer cannot exercise their right of return in the following cases:

 

- In contracts for goods or services whose prices vary depending on fluctuations in the financial markets and are not under the control of the seller (such as jewelry and products in the gold and silver category);

- In contracts for the delivery of goods, prepared according to the buyer's wishes or in line with their personal needs, as well as those not suitable for return due to their nature, and those likely to perish quickly or whose expiry date is likely to pass;

- In contracts for the delivery of goods where the protective elements such as packaging, tape, seal, and package have been opened after delivery; and in contracts for the delivery of goods not suitable for return from a health and hygiene perspective;

- In contracts for goods mixed with other products after delivery and cannot be separated due to their nature;

- In contracts for books, audio or video recordings, software, and computer consumables displayed in physical media, provided that the buyer has opened the protective elements such as packaging, tape, seal, and package;

- In contracts for the delivery of periodicals such as newspapers and magazines, other than those specified in a subscription contract;

- In contracts for accommodation, transportation of goods, car rental, provision of food and beverages, matters filling leisure time for entertainment or rest, and matters to be performed on a specific date or period;

- In contracts for the performance of betting and lottery services;

- Before the end of the return period, in contracts related to services started with the consumer's approval;

- In contracts for services performed immediately in the electronic environment and intangible goods delivered immediately to the consumer (gift cards, gift vouchers, vouchers replacing money, etc.).

 

The right of return cannot be exercised concerning goods or services that fall outside the scope of the Distance Contracts Regulation (regular deliveries of the seller and food, beverages

 

, or other daily consumption items delivered to the buyer's residence, as well as services in areas such as travel, accommodation, restaurants, and entertainment).

 

 Dispute Resolution

 

Responsibility for goods or services sold within the scope of the law and Distance Contracts Regulation lies solely with the seller. However, buyers can forward their complaints about the goods and services they purchased to the sellers directly or through Hudhudshop. If the complaint is referred to Hudhudshop, Hudhudshop will provide all possible support to resolve the issue.

 

In disputes that may arise regarding this distance sales contract, the regional or local consumer arbitration committees in the location where the buyer purchased the product or in their place of residence are authorized up to the value limits announced by the Ministry of Customs and Trade each year, and consumer courts are authorized in disputes above the specified value.

 

 Price of Goods / Services

 

The cash price or the deferred sale price of the goods is the price in the order form, which is also the price sent within the invoice that is sent at the end of the order to the buyer with the product and also by email notification. Discounts, coupons, shipping fees, and other applications provided by the seller or Hudhudshop apply to the sale price.

 

 Cases of Default and Legal Consequences

 

In case of default by the buyer in transactions carried out using their credit card, the cardholder will pay interest under the credit card agreement signed with the bank and will be liable to the bank. In this case, the relevant bank may take legal action and may demand the buyer for legal fees and attorney fees arising from this issue. Under all circumstances, if the buyer defaults on payment due to their debt, the buyer is responsible for the loss and damage incurred by the seller due to the delay in the buyer's performance of the debt.

 

 Notification Agreement and Evidence

 

Any correspondence between the parties under this agreement will be conducted through My Account > My Product Questions on the website or by email, except for mandatory cases listed in the legislation. The buyer accepts, declares, and undertakes that in disputes that may arise from this agreement, the official books and commercial records of the seller and Hudhudshop, as well as electronic information and computer records stored in their databases and servers, constitute binding, final, and exclusive evidence, and that this article is an evidential contract under the meaning of Article 193 of the Code of Civil Procedure.

 

 Effectiveness

 

After being read by the parties on the date of ......., and approved electronically by the buyer, this agreement, which consists of 14 (fourteen) articles, has been executed and entered into force.

 

Buyer                                                                                  Seller