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DISTANT SALES AGREEMENT

  1. PARTIES

    This Agreement has been signed between the following parties under the terms and conditions stated below.

    A. 'BUYER' ; (hereinafter referred to as "BUYER") NAME - SURNAME: ADDRESS:

    B. 'SELLER' ; (hereinafter referred to as "SELLER") NAME - SURNAME: PHAGE TEKSTİL TİCARET ANONİM ŞİRKETİ ADDRESS: MEŞRUTİYET MAH. RUMELİ CAD. HUZUR APT NO: 26 -28 INTERIOR DOOR NO: 15 ŞİŞLİ/ İSTANBUL

    By accepting this Agreement, the BUYER acknowledges in advance that upon confirming the order subject to this Agreement, they will be obligated to pay the price of the ordered item and, if applicable, additional charges such as shipping fees and taxes, and that they have been duly informed of this.

    DEFINITIONS

    For the purposes of interpretation and application of this Agreement, the following terms shall have the meanings set out opposite them.

    MINISTER: The Minister of Customs and Trade, MINISTRY: The Ministry of Customs and Trade, LAW: Law No. 6502 on the Protection of Consumers, REGULATION: The Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188) SERVICE: The subject of any consumer transaction, other than the provision of goods, performed or promised to be performed in exchange for a fee or benefit, SELLER: The company that offers goods to consumers within the scope of its commercial or professional activities, or acts on behalf of or on account of such a company, BUYER: A natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes, SITE: The website belonging to the SELLER, ORDER PLACER: A natural or legal person who requests a good or service through the SELLER's website, PARTIES: The SELLER and the BUYER, AGREEMENT: This agreement concluded between the SELLER and the BUYER, GOODS: Movable items subject to shopping, as well as intangible goods such as software, audio, visual, and similar content prepared for use in electronic environments.

    SUBJECT

    This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the product — whose specifications and sale price are stated below — ordered by the BUYER electronically through the SELLER's website, pursuant to Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.

    Prices listed and announced on the site are the selling prices. Announced prices and offers remain valid until updated or changed. Prices announced for a limited period are valid until the end of the specified period.

    SELLER INFORMATION

    Title: PHAGE TEKSTİL TİCARET ANONİM ŞİRKETİ Address: Merkez Mahallesi Günay Sokak Ada Rezidans Dükkan: 6A Bağımsız Bölüm No:39, Merkez, 34406 Kağıthane/İstanbul Phone:+90 532 251 86 63 Fax: Email: phage@phageparis.com

    BUYER INFORMATION — Person to Receive Delivery

    Delivery Address: Phone: Fax: Email / Username:

    ORDER PLACER INFORMATION

    First Name: Last Name: Title: Address: Phone: Fax: Email / Username:

    SUBJECT MATTER OF THE AGREEMENT

    PRODUCT / GOODS INFORMATION

    7.1. The basic characteristics of the goods/products/services (type, quantity, brand/model, color, number of units) are published on the SELLER's website. If a campaign has been organized by the Seller, you may review the basic characteristics of the relevant product during the campaign period. Valid until the campaign date.

    7.2. Prices listed and announced on the site are the selling prices. Announced prices and offers remain valid until updated or changed. Prices announced for a limited period are valid until the end of the specified period.

    7.3. The total selling price of the goods or services subject to this Agreement, including all taxes, is shown below. Product Description / Quantity / Unit Price / Subtotal (VAT Included) / Shipping Fee / Total / Payment Method and Schedule / Delivery Address / Person to Receive Delivery / Invoice Address / Order Date / Delivery Date / Delivery Method

    7.4. The shipping fee as a product shipment expense shall be paid by the BUYER.

    INVOICE INFORMATION

    First Name: Last Name: Title: Address: Phone: Fax: Email / Username: Invoice Delivery: The invoice will be delivered to the invoice address together with the order at the time of delivery.

    GENERAL PROVISIONS

    9.1. The BUYER accepts, declares, and undertakes that they have read and are informed about the basic characteristics of the product subject to the Agreement, the sale price, payment method, and preliminary information regarding delivery on the SELLER's website, and that they have provided the necessary confirmation electronically. The BUYER further accepts, declares, and undertakes that by confirming the preliminary information electronically, they have fully and accurately obtained the address to be provided by the SELLER prior to the conclusion of the distance sales agreement, the basic characteristics of the ordered products, the prices of the products including taxes, and the payment and delivery information.

    9.2. Each product subject to the Agreement shall be delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the preliminary information section of the website, depending on the distance of the BUYER's place of residence, provided that this period does not exceed the legal limit of 30 days. In the event that the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the Agreement.

    9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the Agreement completely, in accordance with the specifications stated in the order, along with any warranty certificates, user manuals, and other necessary documents; to perform the work in a sound and standards-compliant manner, free from all defects, in accordance with legal regulations, and in accordance with the principles of honesty and integrity; and to maintain and improve service quality, exercise due care and diligence during performance, and act with prudence and foresight.

    9.4. The SELLER may supply a different product of equal quality and price, provided that the BUYER is informed and explicit consent is obtained before the expiry of the performance period arising from the Agreement.

    9.5. The SELLER accepts, declares, and undertakes that if it is unable to fulfill its obligations under the Agreement due to the fulfillment of the ordered product or service becoming impossible, it will notify the consumer in writing within 3 days of learning of this situation and will refund the total amount to the BUYER within 14 days.

    9.6. The BUYER accepts, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that in the event the price of the product subject to the Agreement is not paid for any reason and/or is cancelled in bank records, the SELLER's obligation to deliver the product subject to the Agreement shall cease.

    9.7. The BUYER accepts, declares, and undertakes that in the event the price of the product subject to the Agreement is not paid to the SELLER by the relevant bank or financial institution due to the unauthorized use of the BUYER's credit card by unauthorized persons after the delivery of the product to the BUYER or the person/organization at the address indicated by the BUYER, the BUYER shall return the product to the SELLER within 3 days, with the shipping costs to be borne by the SELLER.

    9.8. If the SELLER is unable to deliver the product subject to the Agreement within the specified period due to force majeure, the SELLER accepts, declares, and undertakes to notify the BUYER. The BUYER also has the right to request from the SELLER the cancellation of the order, the replacement of the product with an equivalent if available, and/or the postponement of the delivery until the impediment is removed. In the event of cancellation by the BUYER, cash payments shall be refunded within 14 days. For credit card payments, the amount shall be refunded to the relevant bank within 14 days. The BUYER accepts that the reflection of this refund in their account may take 2 to 3 weeks and that the SELLER cannot be held responsible for such delays.

    9.9. The SELLER has the right to reach the BUYER via letters, emails, SMS, phone calls, and other means for purposes of communication, marketing, notification, and other purposes. By accepting this Agreement, the BUYER accepts that the SELLER may engage in such communication activities.

    9.10. The BUYER shall inspect the goods/services before taking delivery and shall not accept damaged or defective goods from the cargo company. After delivery, the duty to carefully preserve the goods belongs to the BUYER. If the right of withdrawal is to be exercised, the goods must not be used. The invoice must be returned.

    9.11. If the BUYER and the credit card holder are not the same person, or if a security vulnerability is detected prior to delivery, the SELLER may request identity and contact information of the credit card holder, the previous month's statement, or a letter from the cardholder's bank. The order will be frozen until the documents are provided, and if not fulfilled within 24 hours, the SELLER has the right to cancel the order.

    9.12. The BUYER declares and undertakes that the personal information provided when registering on the SELLER's website is accurate, and that they will immediately compensate the SELLER for all damages arising from any inaccuracy upon the SELLER's first notification.

    9.13. The BUYER accepts and undertakes to comply with applicable legislation while using the SELLER's website. Otherwise, all legal and criminal liabilities shall be borne entirely by the BUYER.

    9.14. The BUYER may not use the SELLER's website in any manner that disrupts public order, is contrary to public morals, is disturbing or harassing to others, is for unlawful purposes, or infringes upon the rights of others. The member may not engage in activities such as spam, viruses, or Trojan horses.

    9.15. Links may be provided on the SELLER's website to other websites not under the SELLER's control. These links are provided solely for convenience and do not constitute an endorsement of any linked website or carry any guarantee regarding its content.

    9.16. A member who violates any provisions of this Agreement shall be personally liable and shall hold the SELLER harmless from the legal and criminal consequences. The SELLER reserves the right to claim compensation from the member for non-compliance with the agreement.

    RIGHT OF WITHDRAWAL

    10.1. In cases where the distance contract relates to the sale of goods, the BUYER may exercise the right of withdrawal within 14 (fourteen) days from the date of delivery, by notifying the SELLER, without assuming any liability and without providing any justification. For service contracts, this period begins from the date the contract is signed. Costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this Agreement, the BUYER acknowledges that they have been informed about the right of withdrawal.

    10.2. In order to exercise the right of withdrawal, written notification must be sent to the SELLER within 14 (fourteen) days, and the product must not have been used. If this right is exercised:

    a) The invoice for the product delivered to a third party or the BUYER must be provided. (If the invoice is corporate, a return invoice issued by the institution must also be sent. Returns of orders invoiced to institutions cannot be completed without a RETURN INVOICE.)

    b) Return form,

    c) The products to be returned must be delivered complete and undamaged, together with their box, packaging, and standard accessories.

    d) The SELLER is obliged to refund the total amount within 10 days of receiving the withdrawal notice, and to collect the goods within 20 days.

    e) If the value of the goods decreases due to the BUYER's fault, or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's damages proportionally. However, the BUYER is not responsible for changes occurring due to proper use within the withdrawal period.

    f) If the exercise of the right of withdrawal causes the order to fall below a campaign's minimum threshold, the discount benefited from under that campaign shall be cancelled.

    PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

    Products prepared at the BUYER's request or in accordance with their personal needs and not suitable for return; underwear bottoms, swimsuit and bikini bottoms, cosmetics, single-use products, goods at risk of rapid deterioration or expiry;

    Products that are not suitable for return for health and hygiene reasons after their packaging has been opened following delivery;

    Products that are mixed with other products after delivery and cannot be separated by nature;

    Goods related to periodicals such as newspapers and magazines, other than those provided under a subscription agreement;

    Services performed instantly in electronic environments or intangible goods delivered instantly to the consumer, as well as audio or video recordings, books, digital content, software programs, data recording and storage devices, and computer consumables — if their packaging has been opened — cannot be returned pursuant to the Regulation.

    Furthermore, the exercise of the right of withdrawal for services whose performance has begun with the consumer's consent before the withdrawal period expires is also not possible pursuant to the Regulation.

    Cosmetics and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) must be unopened, untried, undamaged, and unused in order to be eligible for return.

    DEFAULT AND LEGAL CONSEQUENCES

    In the event that the BUYER defaults on credit card payments, the BUYER accepts that they will pay interest in accordance with their credit card agreement and will be liable to the bank. The relevant bank may resort to legal remedies and demand costs and attorney's fees from the BUYER. In any case of default, the BUYER undertakes to compensate the SELLER for any loss and damage suffered due to delayed performance.

    COMPETENT COURT

    In disputes arising from this Agreement, complaints and objections shall be submitted to the consumer arbitration committee or consumer court in the place where the consumer resides or where the consumer transaction was made, within the monetary limits specified below, effective as of 28/05/2014:

    a) Disputes with a value below 2,000.00 TRY shall be referred to the district consumer arbitration committees;

    b) Disputes with a value below 3,000.00 TRY shall be referred to the provincial consumer arbitration committees;

    c) In provinces with metropolitan municipality status, disputes with a value between 2,000.00 TRY and 3,000.00 TRY shall be referred to the provincial consumer arbitration committees.

    This Agreement is made for commercial purposes.

    ENTRY INTO FORCE

    The BUYER shall be deemed to have accepted all terms of this Agreement upon completing payment for the order placed through the Site. The SELLER is obliged to make the necessary arrangements to ensure that this Agreement is read and accepted by the BUYER on the site prior to the placement of the order.

    SELLER: PHAGE TEKSTİL TİCARET ANONİM ŞİRKETİ BUYER: DATE: 06.12.2024