SUBJECT AND SCOPE OF THE AGREEMENT

This Distance Sales Contract (“Contract”) has been drawn up in accordance with the Consumer Protection Law No. 6502 (“Law”) and the Regulation on Distance Contracts. The parties of this Agreement accept and declare that they know and understand their obligations and responsibilities arising from the Law and the Regulation on Distance Contracts under this Agreement.

The subject of this Agreement is the determination of the rights and obligations of the parties in accordance with the provisions of the Law and the Regulation on Distance Contracts regarding the sale and delivery of goods or services with the qualifications specified in the Contract through the sending of the buyer an electronic request to purchase the seller’s goods or services from the website with the domain www.hudhudshop.com owned by Hudhud Shop for electronic Industry and Commerce (“Hudhud Shop/Intermediary Service Provider”).

The parties agree and declare that the conclusion of this Agreement will not prevent the performance of the provisions of the Website Membership Agreements that the parties have individually concluded with Hudhud Shop, and that Hudhud Shop is not a party in any way in the sales of the goods or services that are the subject of this Agreement and that it does not have any responsibility or commitment regarding the parties' fulfillment of their obligations under the Agreement.

BASIC QUALIFICATIONS AND PRICE OF THE GOODS AND SERVICES SUBJECT TO THE AGREEMENT (VAT INCLUDED)

GOODS' DELIVERY AND DELIVERY METHOD

The contract has started to be effective with the approval of the Buyer in electronic environment and is executed by the delivery of 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 specified authorized person(s).

DELIVERY COSTS AND PERFORMANCE

The delivery costs of the goods belong to the Buyer, unless otherwise stated. If the Seller has declared on the Website that the delivery fee will be covered by him, the delivery costs will be borne by the Seller.

Delivery of the goods; is made within the promised period after the payment is made. 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 order of the goods or services by the Buyer.

If, for any reason, the price of the goods or services is not paid by the Buyer or the payment is canceled in the bank records, the Seller is deemed to be released from the obligation to deliver the goods or services.

The Buyer is responsible for the shipping cost in order cancellations made by the Buyer after the goods are shipped by the Seller but before the Buyer receives them..

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 of learning of this situation and must return all collected payments, including delivery costs, if any, within 14 (fourteen) days at the latest from the date of notification.  In the payments made by the BUYER by credit card, the average process of reflecting the amount returned to the credit card by the SELLER to the BUYER's account by the bank may take 2 (two) to 3 (three) weeks, and because that the reflection of this amount to the BUYER's accounts after the return of this amount to the bank is completely a bank transaction procedure, the BUYER accepts, declares and undertakes that he/she cannot hold the SELLER responsible for possible delays.

DECLARATIONS AND COMMITMENTS OF THE BUYER

The Buyer declares that he has read and learned the preliminary information uploaded by the Seller regarding the basic characteristics, sales price and payment method, as well as the delivery and cargo cost of the goods or services that are the subject of the Contract on the Website and gives the necessary confirmation in electronic environment.

Buyers, as consumers, can submit their requests and complaints using the Seller contact information above and/or via My Account>My Product Questions on the Website.

The Buyer, through confirmation of this Agreement and the Preliminary Information Form electronically, confirms that he has obtained the information that the Seller hat to give to him before the conclusion of the distance contracts, such as the address, the basic features of the ordered goods or services, the price of the goods or services including taxes, the payment and delivery and the delivery price, as correct and complete information.

If the relevant bank or financial institution 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 been delivered the goods, the buyer has to  return the goods or service to the Seller within 3 (three) days. In this case, the delivery costs is borne by the Buyer.

STATEMENTS AND COMMITMENTS OF THE SELLER

The Seller is responsible for the delivery of the goods or services that are the subject of the Contract to the Buyer in accordance with the consumer legislation, sound, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.

If the Seller cannot deliver the goods or services subject to the contract within the period due to force majeure, extraordinary situations that prevent transportation and the fulfillment of the service performance, the Seller is obliged to notify the Buyer within 3 (three) days from the date of knowledge.

If the goods or services subject of 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 to does not accept the delivery.

RIGHT OF WITHDRAWAL

The Buyer may exercise his/her right of withdrawal 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 undertaking any legal or criminal liability and without giving any justification. The buyer may also use his right of withdrawal within the period which precedes the delivery of the goods.

The Buyer can exercise his right of withdrawal by logging into Hudhud Shop-market.com and clicking the "Return" link found in my Account>Current Order>My Orders on Hudhud Shop-market.com. The buyer must fill in the return request form on the relevant page and obtain the return address information of the seller and send the goods back within 10 (ten) days from the date on which he has exercised his right of withdrawal. Along with the goods, the invoice, the box, the packaging, the standard accessories, if any, and the other products gifted with the goods must be returned completely and undamaged. If the buyer uses the goods in accordance with their operation, technical specifications and usage instructions within the withdrawal period, he/she is not responsible for any changes and deteriorations that occur.

As long as the buyer sends the goods to be returned to the Seller with the Seller's contracted cargo company specified in the Preliminary Information Form, the return shipping cost is borne by the Seller. In case the Buyer sends the goods to be returned with a cargo company other than the Contracted cargo company of the Seller specified in the Preliminary Information Form, the Seller is not responsible for the return shipping cost and the damage which will be incurred during the cargo process.

All payments made by the Buyer to the Seller or Intermediary Service Provider for the relevant goods or services must be made to the Buyer within 14 (fourteen) days from the Buyer's exercise of his right of withdrawal (provided that the goods are returned via the carrier specified by the Seller for return). It will be returned at once, in a way that is suitable to the payment instrument the buyer used when he purchased, and without causing any expense or obligation to the consumer. In purchases made using credit card, in cases where the right of withdrawal is duly exercised, the product price will be returned to the account associated with the credit card.

AS HUDHUD SHOP IS NOT A PARTY TO THIS DISTANCE SALES AGREEMENT, THE BUYER HAS NO RIGHT OF WITHDRAWAL AGAINST HUDHUD SHOP AND CANNOT DEMAND A REFUND OR PRODUCT EXCHANGES FROM HUDHUD SHOP.

CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED

Pursuant to the legislation, the Buyer cannot exercise its right of withdrawal in the following cases:

·       Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the Seller (eg jewellery, products in the gold and silver category);

·       Contracts for the delivery of goods, which are prepared according to the wishes of the Buyer or clearly in line with his personal needs, and those that are not suitable for return due to their nature, as well as those that are in danger of spoiling quickly or whose expiration date is likely to pass;

·       In contracts for the delivery of the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; and in contracts for the delivery of the goods whose returning is not suitable in terms of health and hygiene;

·       In contracts regarding goods that are mixed with other products after delivery and cannot be separated due to their nature;

·       In contracts regarding books, audio or video recordings, software programs and computer consumables offered in material media, on the condition that the protective elements such as packaging, tape, seal, package have been opened by the buyer;

·       In contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under the subscription contract;

·       In contracts for accommodation, transportation of goods, car rental, food and beverage supply, and leisure time's activities intended for entertainment or rest, and services which must be made on a certain date or period;

·       Contracts for the performance of betting and lottery services;

·       Before the expiry of the right of withdrawal, in the contracts regarding the services that have been started with the approval of the consumer; and

·       In contracts related to services performed instantly in electronic environment and intangible goods delivered instantly to the consumer (gift cards, gift certificates, coupons that replace money, etc.).

The right of withdrawal cannot be exercised in terms of goods or services that are outside the scope of the Regulation on Distance Contracts (The regular deliveries of the Seller and the foodstuffs, beverages or other daily consumption items delivered to the Buyer's residence, as well as services in areas such as travel, accommodation, catering, entertainment sector).

RESOLUTION OF DISPUTES

Responsibility for the goods or services sold within the scope of the Law and the Regulation on Distance Contracts belongs to the Seller personally. However, the Buyers can convey their complaints about the goods and services they have purchased to the Sellers directly or through Hudhud Shop. If the complaint is forwarded to Hudhud Shop, Hudhud Shop will provide all possible support to resolve the issue.

In disputes that may arise regarding this Distance Sales Contract; Provincial or District Arbitration Committees for Consumer Problems are authorızed in the place where the Buyer purchases the product or where the residence is located, up to the value announced by the Ministry of Customs and Trade every year, and the Consumer Courts are authorized in disputes above the said value.

PRICE OF GOODS/SERVICES

The cash price or the deferred sale price of the goods is the price on the order form, and it is also the price sent on the invoice that is sent at the end of the order to the buyer with the product as well as by the notification e-mail. Discounts, coupons, shipping charges and other applications made by the seller or Hudhud Shop are applied to the sales price.

STATUS OF DEFAULT AND LEGAL CONSEQUENCES

In the event that the Buyer defaults on transactions made with his credit card, the cardholder will pay interest within the framework of the credit card contract signed by the bank with him and will be liable to the bank.In this case, the relevant bank may take legal action; and may claim the buyer for costs and attorney's fees arising from this matter, and in any case, in the event that the Buyer defaults due to his/her debt, the Buyer will be responsible for the loss and damage suffered by the Seller due to the Buyer's delayed performance of the debt.

NOTICES AND EVIDENCE AGREEMENT

Any correspondence to be made between the parties under this Agreement will be made via My Account>My Product Questions on the Website or via e-mail, except for the obligatory 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 Hudhud Shop, as well as the electronic information and computer records kept in his/her own database and servers, will constitute binding, definitive and exclusive evidence, and that this article is in the nature of an evidential contract within the meaning of article 193 of the Code of Civil Procedure.

EFFECTIVENESS

After reading this agreement, which consists of 14 (fourteen) articles, by the parties on the date of ………. and the buyer’s approval of it in the electronic environment, it was concluded and started to be effective.