Distance Sales Agreement

Legal Notice — Distance Sales Agreement

ARTICLE 1 - PARTIES

SELLER
Trade Name: Sully Snow Wear
Mithatpaşa, Yılmaz Sokak, No:23 Daire: 2 Eyüpsultan/İstanbul Türkiye
Phone: +90 534 764 59 68
Seller Mersis No:
Seller Email Address: admin@sullysnowwear.com
Carrier the Buyer will use to send the Goods back to the Seller in case of return: "sullysnowwear.com"
Call Center: +90 534 764 59 68

BUYER
Name-Surname:
Address:
Phone:
Email:

ARTICLE 2 - SUBJECT AND SCOPE OF THE AGREEMENT

This Distance Sales Agreement (the "Agreement") has been prepared in accordance with Consumer Protection Law No. 6502 and the Regulation on Distance Contracts. The parties to this Agreement accept and declare that they know and understand their obligations and responsibilities arising from Consumer Protection Law No. 6502 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 Consumer Protection Law No. 6502 and the Regulation on Distance Contracts, regarding the sale and delivery of the Goods/Services with the characteristics specified in the agreement, which the Buyer has ordered electronically from the website at the domain [sullysnowwear.com] (the "Website") belonging to the Seller ("sullysnowwear.com"), located at "Mithatpaşa, Yılmaz Sokak, No:23 Daire: 2 Eyüpsultan/İstanbul Türkiye". The conclusion of this Agreement does not prevent the performance of the website membership agreements that the parties have separately concluded with sullysnowwear.com, and the parties accept and declare that sullysnowwear.com is in no way a party to the sale of the Goods/Services subject to this Agreement and has no responsibility or commitment regarding the fulfilment of the parties' obligations under the agreement.

ARTICLE 3 - BASIC CHARACTERISTICS AND PRICE OF THE GOODS AND SERVICES (VAT INCLUDED)

Product Code and Name / Quantity / Seller Trade Name / Unit Price / Unit Discount / Coupon / Points / Total Sales Amount / Installment Difference / Total Amount Including VAT

Shipping - Domestic – Free shipping on orders of 250 TL and above

The announced prices and promises are valid until they are updated or changed. Prices announced for a limited period are valid until the end of the specified period.

Total product price excluding shipping:
Shipping fee:
Total price including shipping:
Payment method and plan:
Installment difference charged:
Interest rate used to calculate the installment difference:
Delivery Terms:
Delivery Address:
Person(s) to Receive the Delivery:

THE PRICE OF THE PRODUCT IN QUESTION IS COLLECTED FROM THE BUYER BY sullysnowwear.com ON BEHALF OF THE SELLER WITHIN THE SCOPE OF THE PAYMENT PROTECTION SYSTEM. BY PAYING THE PRICE OF THE GOODS BY CREDIT CARD OR CASH ON DELIVERY, THE BUYER WILL BE DEEMED TO HAVE PAID THE PRODUCT PRICE TO THE SELLER.

ARTICLE 4 - DELIVERY AND METHOD OF DELIVERY OF THE GOODS

The Agreement enters into force once approved electronically by the Buyer and is fulfilled when the Goods/Services purchased by the Buyer from the Seller are delivered to the Buyer. The Goods/Services will be delivered to the address and the authorized person(s) specified by the Buyer in the order form and in this Agreement.

ARTICLE 5 - DELIVERY COSTS AND PERFORMANCE

Unless otherwise stated, the delivery costs of the Goods are borne by the Buyer. If the Seller has declared on the Website that the delivery fee will be covered by the Seller, the delivery costs will be borne by the Seller. Delivery of the Goods is made within the committed period after payment is completed, provided that the Seller has stock available. Except where fulfilment of the ordered Goods/Services becomes impossible, the Seller delivers the Goods/Services within 30 (thirty) days of the order being placed by the Buyer. If for any reason the price of the Goods/Services is not paid by the Buyer or the payment is cancelled in the bank records, the Seller is deemed released from the obligation to deliver the Goods/Services. For orders cancelled by the Buyer after the Goods have been handed to the carrier by the Seller but before they are received by the Buyer, the Buyer is responsible for the shipping cost.

ARTICLE 6 - DECLARATIONS AND UNDERTAKINGS OF THE BUYER

The Buyer declares that they have read and are informed about the preliminary information uploaded by the Seller regarding the basic characteristics, sales price and payment method of the Goods/Services subject to the Agreement on the Website, as well as delivery and shipping costs, and that they have given the necessary confirmation electronically. As consumers, Buyers may submit their requests and complaints to the Seller contact details above and/or through the channels provided by the website. By confirming this Agreement and the Preliminary Information Form electronically, the Buyer confirms that they have obtained correctly and completely the information that the Seller must provide to the Buyer before distance contracts are concluded, including the address, the basic features of the ordered Goods/Services, the price of the Goods/Services including taxes, and the payment, delivery and delivery cost information.

If the Buyer accepts delivery from the carrier of Goods/Services that are damaged or defective (destroyed, broken, with torn packaging, etc.) without inspecting them before acceptance, the responsibility lies entirely with the Buyer. Goods/Services received by the Buyer from the carrier's employee will be deemed undamaged and intact. After delivery, responsibility for the Goods/Services and any damage lies with the Buyer.

If, after delivery of the Goods/Services, the relevant bank or financial institution does not pay the price of the Goods/Services to the Seller because the Buyer's credit card has been used unfairly or unlawfully by unauthorized persons through no fault of the Buyer, the Buyer is obliged to return the Goods/Services to the Seller within 3 (three) days, provided that they have been delivered to the Buyer. In this case, delivery costs are borne by the Buyer.

ARTICLE 7 - DECLARATIONS AND UNDERTAKINGS OF THE SELLER

The Seller is responsible for delivering the Goods/Services subject to the Agreement to the Buyer in accordance with consumer legislation, intact, complete, in line with the characteristics specified in the order and, if any, with warranty certificates and user manuals. If the Seller cannot deliver the Goods/Services within the period due to force majeure or extraordinary circumstances preventing transport, the Seller is obliged to notify the Buyer within 3 (three) days of becoming aware of the situation. If the Goods/Services are to be delivered to a person other than the Buyer, the Seller cannot be held responsible if that person refuses the delivery.

ARTICLE 8 - RIGHT OF WITHDRAWAL

The Buyer may return the Goods/Services purchased by exercising the right of withdrawal within 14 (fourteen) days of the delivery date, provided that the product has not been used, without assuming any legal or criminal liability and without giving any reason. Notification of withdrawal and other notices relating to the Agreement will be sent through the contact channels belonging to the Seller and/or specified on the Website. SINCE sullysnowwear.com IS NOT A PARTY TO THIS DISTANCE SALES AGREEMENT, THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED AGAINST IT AND NO REFUND CAN BE REQUESTED FROM sullysnowwear.com. To exercise the right of withdrawal, notice must be given to the Seller within the period in accordance with the legislation and the right of withdrawal option on the Website.

If the right of withdrawal is exercised:
a) The Buyer sends the Goods back to the Seller within 10 (ten) days of exercising the right of withdrawal.
b) The box and packaging of the Goods to be returned under the right of withdrawal, any standard accessories and any other products given as gifts with the Goods must be returned complete, unused and undamaged.

Within 14 (fourteen) days following the exercise of the right of withdrawal, the price of the Goods is refunded to the Buyer in the same way it was paid. When returning the Goods to the Seller, the Buyer must also return the original invoice presented at the time of delivery. As long as the Buyer sends the Goods to the Seller with the Seller's contracted carrier specified in the preliminary information form, the return shipping cost is borne by the Seller. If the Buyer sends the Goods with a carrier other than the Seller's contracted carrier specified in the preliminary information form, the Seller is not responsible for the return shipping cost or for any damage to the Goods during shipping.

ARTICLE 9 - CASES IN WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

The right of withdrawal cannot be exercised in the following cases:
a) Contracts for goods or services whose price changes depending on fluctuations in financial markets and is beyond the seller's control (jewelry, gold and silver products)
b) Contracts for the delivery of goods prepared in line with the consumer's wishes or clearly personal needs, which by their nature are not suitable for return and are at risk of deteriorating quickly or expiring
c) Contracts for the delivery of goods whose protective elements such as packaging, tape, seal or package have been opened after delivery and whose return is unsuitable for health and hygiene reasons
d) Contracts for goods that, after delivery, are mixed with other products and by their nature cannot be separated
e) Contracts for books, audio or video recordings, software programs and computer consumables offered in physical form, provided that their protective elements such as packaging, tape, seal or package have been opened by the consumer
f) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement
g) Contracts for accommodation, transport of goods, car rental, food and beverage supply and leisure activities for entertainment or recreation that must be performed on a specific date or period
h) Contracts for the performance of betting and lottery services
ı) Contracts for services whose performance has started with the consumer's approval before the end of the withdrawal period
i) Contracts for services performed instantly in electronic form and intangible goods delivered instantly to the consumer

In addition, if the Goods/Services subject to the agreement consist of types of Goods/Services excluded from the scope of the Regulation on Distance Contracts (food, beverages or other daily consumables delivered to the buyer's home through the seller's regular deliveries, and services in areas such as travel, accommodation, restaurants and entertainment), the right of withdrawal cannot be exercised because the provisions of the Regulation on Distance Contracts cannot be applied to the legal relationship between the Buyer and the Seller. The cancellation and return conditions of such Goods/Services offered in the holiday category are subject to the Seller's practices and rules.

ARTICLE 10 - RESOLUTION OF DISPUTES

In the implementation of this Distance Sales Agreement, Consumer Arbitration Committees and Consumer Courts in the place where the Buyer purchased the Goods or Services and where the Buyer resides are authorized up to the value announced by the Ministry of Customs and Trade. District/provincial consumer arbitration committees are authorized for consumer claims in line with the lower and upper limits specified in paragraph 1 of Article 68 of Consumer Protection Law No. 6502.

ARTICLE 11 - PRICE OF THE GOODS/SERVICES

The cash or installment sales price of the Goods is the price shown in the order form, in the information email sent after the order and in the invoice sent to the customer with the product. Discounts, coupons, shipping fees and other applications made by the Seller or sullysnowwear.com are reflected in the sales price.

ARTICLE 12 - DEFAULT AND ITS LEGAL CONSEQUENCES

If the Buyer defaults on transactions made by credit card, they will pay interest within the framework of the credit card agreement made with the card-issuing bank and will be responsible to the bank. In this case, the relevant bank may take legal action and claim the resulting costs and attorney fees from the Buyer, and in any case, if the Buyer defaults on their debt, the Buyer will be responsible for any loss and damage suffered by the Seller due to the late performance of the debt.

ARTICLE 13 - NOTICES AND EVIDENCE AGREEMENT

All correspondence between the Parties under this Agreement will be made by email, except in the 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 sullysnowwear.com, and the electronic information and computer records kept in their own database and servers, will constitute binding, conclusive and exclusive evidence, and that this article constitutes an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure.

ARTICLE 14 - ENTRY INTO FORCE

This Agreement, consisting of 14 (fourteen) articles, has been read by the Parties and concluded and entered into force by being approved electronically by the Buyer on the date of purchase.

SELLER     BUYER