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SALES AGREEMENT


1. PARTIES

This agreement is entered into between (                                ) domiciled at (                                ) (hereinafter referred to as the "BUYER") and Argesan Mold Industry and Trade Ltd. Co., domiciled at Ahi Evran OSB Mah. Oğuz Cad. No: 11 06935 Sincan / ANKARA / TURKEY (hereinafter referred to as the "SELLER"), under the terms and conditions specified below.


2. DEFINITIONS

In the application and interpretation of this agreement, the following terms shall have the meanings set forth opposite them:

MINISTER: The Minister of Science, Industry and Technology,

MINISTRY: The Ministry of Science, Industry and Technology,

LAW: The Law on the Protection of Consumers,

REGULATION: The Regulation on Distance Contracts,

SERVICE: Any activity other than providing goods in exchange for a fee or benefit,

SELLER: The company that will offer goods to the consumer within the scope of commercial or professional activities,

BUYER: The natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,

WEBSITE: The internet site www.argesanshop.com owned by the SELLER,

ORDER PLACER: The natural or legal person who requests a good or service via the website www.argesanshop.com owned by the SELLER,

PARTIES: The SELLER and the BUYER,

CONTRACT: This agreement concluded between the SELLER and the BUYER,

GOODS: Movable property subject to purchase and intangible assets such as software, sound, image, and similar prepared for electronic use,

PERSONAL DATA: Any information relating to an identified or identifiable natural person,

SPECIAL CATEGORIES OF PERSONAL DATA: Data relating to racial or ethnic origin, political opinions, philosophical beliefs, religion, sect or other beliefs, dress and appearance, membership of associations, foundations or trade unions, health, sex life, criminal convictions, and security measures, as well as biometric and genetic data,

EXPRESS CONSENT: Consent based on information regarding a specific subject and expressed with free will,

PROCESSING: Any operation performed on personal data, whether wholly or partly by automated means or non-automated means, such as collection, recording, storage, retention, alteration, reorganization, disclosure, transfer, retrieval, making available, classification, or prevention of use.


3. SUBJECT

The subject of this Agreement is to determine the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts dated 06.03.2011 regarding the sale and delivery of the product specified below, for which the BUYER has placed an order electronically through the SELLER's website, including its characteristics and sales price.

 

The prices listed and advertised on the website are the sales prices. The advertised prices and promises are valid until they are updated and changed. Prices announced for a specified period are valid until the end of the specified period.


4. SELLER INFORMATION

Title: Argesan Mold Industry and Trade Ltd. Co.

Address: Ahi Evran OSB Mah. Oğuz Cad. No: 11 06935 Sincan / ANKARA / TURKEY

Phone: 0312 395 30 38

Fax: 0312 395 30 79

Email: info@argesanshop.com


5. BUYER INFORMATION

Recipient Name for Delivery:

Delivery Address:

Phone:

Fax:

Email/Username:


6. ORDER PLACER INFORMATION

(hereinafter referred to as the "ORDER PLACER.")

Name/Surname/Title:

Address:

Phone:

Fax:

Email/Username:


7. SUBJECT MATTER OF THE AGREEMENT AND PRODUCT(S) INFORMATION

7.1. The basic features of the goods/product(s)/service (type, quantity, brand/model, color, quantity) are available on the SELLER's website. You can review the basic features of the product during the campaign period.

7.2. The prices listed and advertised on the website are inclusive of all taxes and constitute the sales price. The advertised prices and promises are valid until they are updated and changed. Prices announced for a specified period are valid until the end of the specified period.

7.3. The sales price, including all taxes, of the subject matter of the contract goods or services is provided in the table below.

Product Description:

Quantity:

Cash Price:

Subtotal (Including VAT):

Total:

Payment Method and Plan:

Delivery Address:

Recipient Name for Delivery:

Billing Address:

Order Date:

Delivery Date:

Delivery Method:

7.4. Product shipments will be made within 7 business days after the order is received.


8. GENERAL PROVISIONS

8.1. The BUYER acknowledges, declares, and undertakes that they have read and understood the basic qualities of the product(s) subject to the agreement, the sales price, payment method, and preliminary information regarding delivery on the SELLER's website, and provided the necessary confirmation electronically. The BUYER acknowledges, declares, and undertakes that they have also acquired the correct and complete information regarding the address to be provided by the SELLER prior to the establishment of the distance sales contract, the basic features of the products ordered, the prices of the products including taxes, payment, and delivery information.

8.2. Each product subject to the agreement will be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, not exceeding 30 days, depending on the distance of the BUYER's place of residence. The delivery period may be extended by 10 days provided that it is notified to the BUYER beforehand.

8.3. The SELLER undertakes to deliver the product subject to the agreement without any deficiencies, in compliance with the specified qualifications in the order and, if available, with warranty documents, user manuals, and all necessary information and documents, free from any defects, in accordance with legal requirements, and in a manner that conforms to standards, within the principles of accuracy and honesty, to maintain and improve the quality of service, to show necessary care and diligence during the performance of the service, and to act with caution and foresight.

8.4. The SELLER may supply a different product of equal quality and price with the express consent of the BUYER, by informing the BUYER and obtaining explicit approval before the expiry of the performance obligation arising from the contract.

8.5. If the SELLER cannot fulfill the obligations under the contract due to the impossibility of delivering the product or service subject to the contract, the SELLER agrees, declares, and undertakes to notify the consumer within the period specified in the contract before the expiration of the performance obligation under the contract and to refund the total price to the BUYER within 10 days.

8.6. The BUYER acknowledges, declares, and undertakes that they will electronically confirm this Agreement for the delivery of the product subject to the Agreement, and that in case the product price is not paid for any reason and/or canceled in the bank records, the obligation of the SELLER to deliver the product subject to the contract will be terminated.

8.7. In the event that the product is delivered to the BUYER or the person and/or organization at the address indicated by the BUYER after the delivery of the product subject to the contract, if the credit card belonging to the BUYER is used by unauthorized persons due to the unfair use, the BUYER agrees, declares, and undertakes to return the product subject to the contract to the SELLER within 3 business days at the expense of the SELLER.

8.8. In the event of force majeure circumstances that prevent or delay the fulfillment of the obligations by the parties, such as circumstances beyond the parties' control, unforeseen and unavoidable, the SELLER agrees, declares, and undertakes to notify the BUYER of the situation. The BUYER has the right to request cancellation of the order, replacement of the product subject to the contract with its equivalent, and/or postponement of the delivery period until the obstacle is removed. In case of cancellation of the order by the BUYER, in payments made in cash, the product price will be refunded to the BUYER within 10 days in cash and in kind. In payments made by credit card, the product price will be refunded to the relevant bank within 7 days after the cancellation of the order by the BUYER. The BUYER acknowledges, declares, and undertakes that the average process of reflecting the refunded amount to the BUYER's account by the bank may take 2 to 3 weeks, and since the reflection of this amount to the BUYER's accounts after the refund to the bank is entirely related to the bank transaction process, the BUYER cannot hold the SELLER responsible for any possible delays.

8.9. Before accepting delivery of the product/service subject to the contract, the BUYER will inspect; damaged or defective goods/services such as dents, breakage, torn packaging, etc., and will not accept damaged and defective goods/services from the shipping company. The delivered goods/services will be deemed to be undamaged and in good condition. The obligation to protect the goods/services carefully after delivery belongs to the BUYER. If the right of withdrawal will be exercised, the goods/services should not be used. The invoice must be returned.

8.10. If the holder of the credit card used during the order process is not the same person as the BUYER or if a security vulnerability is detected in the credit card used in the order before the delivery of the product to the BUYER, the SELLER may request the BUYER to provide identity and contact information of the credit card holder, the credit card statement for the previous month, or a letter from the bank stating that the credit card belongs to the cardholder. The order will be suspended until the requested information/documents are provided by the BUYER, and if the said requests are not met within 24 hours, the SELLER reserves the right to cancel the order.

8.11. The BUYER declares and undertakes that the personal and other miscellaneous information provided while becoming a member of the SELLER's website is accurate, and in case the SELLER incurs any damages due to the inaccuracy of this information, the BUYER will immediately compensate the damages upon the SELLER's first notification, in cash and without any delay.

8.12. The BUYER undertakes to comply with the provisions of the legislation while using the SELLER's website and not to violate them. Otherwise, all legal and criminal liabilities arising will bind the BUYER exclusively and entirely.

8.13. The BUYER may not use the SELLER's website in a manner that disrupts public order, is contrary to general morality, harasses or disturbs others, or violates the material and spiritual rights of others, for an unlawful purpose, or in a way that prevents or complicates others from using the services (spam, virus, trojan horse, etc.).

8.14. Links may be provided through the SELLER's website to other websites and/or contents owned and/or operated by third parties not under the control of the SELLER. These links are provided to facilitate navigation for the BUYER, and do not constitute an endorsement of any website or the person operating that site, and do not carry any guarantee for the information contained on the linked website.

8.15. The member who violates one or more of the articles stated in this membership agreement will be personally responsible for the legal and criminal consequences of this violation and will indemnify the SELLER from the legal and criminal consequences of these violations. In addition, in case of referral of the incident to the legal field due to this violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.


9. INVOICE DETAILS

Name / Surname / Title:

Address:

Phone:

Fax:

E-mail / Username:

Invoice Delivery:


10. RETURN CONDITIONS

General Return Conditions:

10.1 Original invoice or proof of purchase is required for product returns.

10.2 Returned products must be unused, undamaged, in their original packaging, and with attached labels.

10.3 Return requests must be made within [15 days] from the date of receipt of the product.

10.4 For returns due to customer error, incorrect ordering, or change of preference, the customer is responsible for the shipping cost.

Return Process:

10.5 Submit your return request to www.argesanshop.com and include a message explaining the reason for the return.

10.6 After your return request is approved, you will receive detailed instructions about the return process.

10.7 Your return package must be sent via DHL Express or an approved courier company. Keep the tracking number when returning your package and inform www.argesanshop.com.

Return Process and Refunds

a) Once the return package reaches the SELLER and the examination of the products is completed, your return process will be evaluated and approved by the SELLER.

b) In approved returns, the full amount to be refunded will be processed within 15 business days according to the payment method of the BUYER and will be credited to the BUYER's account.

c) For purchases made with a credit card, the refund amount will be refunded to the credit card used for the payment.

Delivery Updates and Tracking:

1. Tracking Information: After the shipment of the BUYER's order, they will receive a shipment confirmation email containing the tracking number. The BUYER can track the progress of their delivery on the DHL Express website or through mobile applications using this tracking number.

The BUYER will inspect the product during delivery and check for any visible damage. If there is any damage to the package, they will inform the courier before opening the package and take photos of the damage. Afterwards, they must email the photos to info@argesanshop.com with attached photos. Upon notification of damage, the SELLER will initiate the necessary inspection process within 1-4 business days and, if necessary, arrange for the return of the product and process the refund if applicable.

If the product is damaged during shipment, the BUYER will follow the steps below:

1. Before opening the package, take photos of the damaged parcel from different angles.

2. Carefully inspect the contents of the package and check for any visible damage to the product itself. If the product is damaged, take clear photos of the affected areas.

3. Immediately email the details of the order, order number, and description of the damage with the attached photos to info@argesanshop.com.

 

11. DELIVERY TIME

Order Processing: The SELLER will begin processing the order within 1-7 business days after receiving the order and confirming the payment.

Shipping Method: All orders will be shipped to the BUYER via DHL Express, a leading global logistics company known for its reliable and fast delivery services. The SELLER may use other courier companies for areas where DHL Express does not provide shipment.

Estimated Delivery Time: The estimated delivery time of orders will vary depending on the BUYER's location and the shipping method selected during payment. After the order is dispatched, the BUYER will receive a tracking number via email, allowing them to track the delivery status in real-time.

Delivery Address: The BUYER will ensure that the address provided during delivery is accurate and complete; otherwise, there may be delays or complications in the delivery process. The SELLER is not responsible for delivery failures caused by incorrect or incomplete address information provided by the customer.

Delivery Charges:

1. Shipping Fees: The price of purchases made on www.argesanshop.com includes shipping fees.

2. Customs and Taxes: The BUYER acknowledges that international orders may be subject to customs duties, taxes, and other fees in the destination country. These expenses are the responsibility of the customer and are not included in the total purchase price or shipping fees paid. Therefore, before making a purchase, the BUYER should consult with the customs office or customs broker regarding possible tax-related issues.


12. RIGHT OF WITHDRAWAL

12.1. The BUYER; in distance contracts for the sale of goods, may exercise the right of withdrawal from the contract by rejecting the goods without stating any reason within 15 (fifteen) days from the delivery date to themselves or to the person/organization at the address provided. In distance contracts for the provision of services, this period starts from the date of signing the contract. In service contracts where the service performance has begun with the consumer's approval before the end of the withdrawal period, the right of withdrawal cannot be exercised. The expenses arising from the exercise of the right of withdrawal shall be borne by the SELLER.

12.2. In order to exercise the right of withdrawal within the 15 (fifteen) day period, it is required to submit a written notification to the SELLER via registered mail, fax, or e-mail, and the product must be unused within the scope of the provisions under the title "Products for which the Right of Withdrawal Cannot be Used" in Article 11. In case of exercising this right;

a) The invoice of the product delivered to the person or BUYER, (If the invoice of the product to be returned is corporate, it must be sent along with the return invoice. Returns of orders issued for corporate entities will not be completed if the RETURN INVOICE is not issued.)

b) Return form,

c) The box and packaging of the products to be returned, along with any standard accessories, must be delivered complete and undamaged.

d) The SELLER is obliged to refund the total price and any documents that put the BUYER under an obligation to the BUYER within 10 days from the receipt of the withdrawal notice and to receive the financial refund within 20 days.

e) If there is a decrease in the value of the goods or if it becomes impossible to return them due to the fault of the BUYER, the BUYER is liable to compensate for the damages incurred by the SELLER in proportion to the fault.

f) In case the campaign limit amount set by the SELLER is reduced due to the exercise of the right of withdrawal, the discount amount utilized within the scope of the campaign is canceled.


13. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

In accordance with the Regulation, the return of goods that are prepared based on the consumer's requests or explicitly tailored to their personal needs, and goods that are not suitable for return due to their nature, as well as goods for which the packaging of audio or video recordings, software programs, and computer peripherals, etc. has been opened by the consumer, is not possible.


14. DEFAULT AND LEGAL CONSEQUENCES

In the event of default in transactions made by the BUYER with a credit card, the BUYER acknowledges, declares, and undertakes that they will pay interest within the framework of the credit card agreement concluded with the cardholder bank and will be liable to the bank. In this case, the relevant bank may resort to legal remedies; it may demand expenses and attorney's fees from the BUYER, and in any case, in the event of the BUYER defaulting on the debt, the BUYER acknowledges, declares, and undertakes to compensate for the damages incurred by the SELLER due to the delayed performance of the debt.


15. PERSONAL DATA PROTECTION

15.1. The SELLER acknowledges and undertakes to comply with its responsibilities under Law No. 6698 on the Protection of Personal Data and relevant legislation regarding any Personal Data obtained in the context of the implementation of this Agreement, and to act in accordance with the legal responsibilities of its status. The BUYER also agrees to carefully read any text, document, or record provided to them and to provide explicit consent if necessary, consciously performing all these processes within this scope.

15.2. The SELLER undertakes to securely maintain any Personal Data that the BUYER is obligated to provide accurately and up-to-date within the scope of the Agreement and acknowledges, declares, and undertakes that such Personal Data may be processed solely for the purpose of transferring Personal Data.

15.3. The SELLER agrees, declares, and undertakes not to transfer the Personal Data of the BUYER to third parties domestically and abroad without obtaining valid Explicit Consent from the BUYER, except for the exceptional cases stipulated within the Law on the Protection of Personal Data, and to delete and destroy the records of such Personal Data (except for the Processing activities within the scope of the Law on the Protection of Personal Data) within 20 days and to obtain the financial return within 10 days from the date of receipt of the notice of withdrawal.

15.4. The SELLER agrees, declares, and undertakes to take the measures prescribed by the legislation to prevent unauthorized access to Personal Data and the use of Personal Data beyond the purpose of Processing. The SELLER also agrees, declares, and undertakes to make every effort to prevent possible damages in case of unauthorized access to Personal Data or if Personal Data becomes accessible by third parties in any manner contrary to this Agreement.

15.5. The SELLER will fulfill the requests of the data subjects forwarded to it directly or indirectly by the BUYER.

15.6. The SELLER and the BUYER undertake to act in accordance with all applicable regulations, procedures, and principles regarding the protection of Personal Data, including but not limited to the Law on the Protection of Personal Data and decisions of the Personal Data Protection Board, in terms of data processing. In case of any change or update in the aforementioned regulations requiring any change in the data processing processes, the relevant party acknowledges and declares that it is obliged to complete such change before the relevant new/current regulation comes into force, and in the event that such regulation requires a change in this Agreement, it will amend the Agreement accordingly.

16. COMPETENT COURT

16.1. The Parties agree that this Agreement shall be subject to the laws of the Republic of Turkey. Any disputes arising out of or in connection with this Agreement, including but not limited to disputes regarding the existence, validity, or termination of this Agreement, shall be subject to the exclusive jurisdiction of the courts in Ankara, Turkey.

16.2. The SELLER may refer its complaints and objections to the consumer arbitration committee or consumer court in Ankara, Turkey, within the monetary limits determined annually by the Ministry of Science, Industry, and Technology of the Republic of Turkey in December. Information regarding the monetary limit is as follows:

This Agreement is made for commercial purposes.


ENTRY INTO FORCE

In the event of payment for the order placed through the website, the BUYER shall be deemed to have accepted all the terms of this Agreement. The SELLER is obliged to make software arrangements to ensure that orders cannot be placed without confirmation that this Agreement has been read and accepted by the BUYER through the website.

SELLER:         

BUYER:         

DATE: