DISTANCE SALES CONTRACT

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ARTICLE 1- PARTIES

SELLER

Title                                : clever dincer z torus energy

Address                                 : Rumeli mah. emirgan cad. no.4 kat.5 corlu / tekirdağ

Phone                              : +90 5357443436

Fax                                     : +90 

E  Mail                             : [email protected]

BUYER INFORMATION

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ARTICLE 2 - SUBJECT

This Distance Sales Agreement (hereinafter referred to only as the contract.) subject is the determination of the rights and obligations of the parties in accordance with the Law on Consumer Protection No. 6502, the Regulation on Distance Contracts and other relevant legal provisions regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the Seller sells to the Buyer (Consumer).

ARTICLE 3 - ESTABLISHMENT OF THE CONTRACT

3.1.     The buyer accepts, declares and undertakes that he/she has read and understood the entire contract and is aware of his/her rights and obligations.

3.2.     The seller and the buyer accept that there is no disproportion between the obligations agreed upon in the contract, that they are in accordance with the nature of the mutual obligations, and that they do not have any inexperience within the scope of the transactions that are the subject of the contract.

3.3.     The buyer and the seller accept that the contract provisions do not have a feature that could constitute an unfair term and that there is no clear unfairness or disproportionality in terms of the balance of interests.

ARTICLE 4 - PRODUCT INFORMATION AND PRICE SUBJECT TO THE CONTRACT|PRODUCTS|

ARTICLE 5 - GENERAL PROVISIONS

5.1.     The Buyer declares that he/she has read and is aware of the basic characteristics, sales price, payment method and all preliminary information regarding delivery of the product subject to the Contract specified in Article 4 and that he/she has given the necessary confirmation electronically.

5.2.     The product subject to the Contract shall be legally delivered to the Buyer or a third person or organization designated by the Seller within the period specified in the preliminary information depending on the distance of the Buyer's place of residence for each product, provided that it does not exceed a period of 30 (thirty) days. The Seller's breach of this obligation entitles the Buyer to terminate the contract for just cause. In case of termination of the contract in this way, the seller is obliged to reimburse the consumer, including delivery costs, if there is a price collected from the buyer by concluding this contract, plus any legal interest required by the relevant legislation, within 3 business days at the latest from the date of receipt of the termination notification.

5.3.     If the product subject to the contract will be delivered to a third person or organization other than the buyer outside the contract, the seller cannot be held responsible for this third party's refusal to take delivery of the product.

5.4.     In order for the supply and delivery of the product subject to the contract to begin, the payment must be made together with the signature of this contract. If the price of the product subject to the contract is not paid or is canceled through various channels after being paid, the seller's obligation to supply and deliver the product will immediately be eliminated and the contract will be deemed to be automatically terminated.

5.5.     If the supply and delivery of the product subject to the contract becomes impossible, the relevant issue will be notified to the buyer. If the buyer terminates the contract for this reason, the seller is obliged to refund the entire price it has received for the establishment of this contract, including shipping costs, within 3 business days at the latest, from the date the termination notification is received.

5.6.     The seller is responsible for the product until it is delivered to the buyer or a 3rd party designated by the seller. However, if the buyer wishes to select a carrier company other than the one determined by the seller for the delivery of the product, the seller is relieved of its liability by delivering the product to the relevant carrier company. Upon delivery of the product to the carrier company determined by the buyer, the responsibility for the product is deemed to have passed to the buyer.

5.7.     The sale of the product subject to this agreement by the seller is intended for the end consumer. The seller may terminate the agreement unilaterally and for just cause if it suspects that the buyer has purchased the product for resale purposes or if signs indicating this appear.

5.8.     The Buyer accepts, declares and undertakes that the product purchased over the internet cannot be returned or exchanged in stores that carry the seller's brand.

ARTICLE   6 - RIGHT OF WITHDRAWAL

In accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts;

6.1. Consumer; In distance contracts regarding the sale of goods, the buyer has the right to withdraw from the contract within 14 (fourteen) days from the date of receipt of the goods without giving any reason and without paying any penalty.

6.2.The buyer can make the withdrawal notification in writing to the address   [email protected] . However, the buyer can use the right of withdrawal from the contract under the same conditions during the period from the establishment of the contract until the delivery of the product. The notification regarding the exercise of the right of withdrawal must be in writing and the burden of proof that this notification has been made belongs to the consumer.

6.3. In case the Buyer exercises his right of withdrawal, the original invoice for the goods/services delivered to the 3rd party or the Buyer must be returned to the Seller. If the invoice is not sent to the SELLER's address specified in Article 1 together with the product, VAT and other legal obligations, if any, cannot be refunded to the BUYER. The Buyer shall, by exercising this right, write "return invoice" on the invoice together with the product he/she will return and sign it.

6.4. In determining the period of the right of withdrawal, the provisions of Law No. 6502 and the Regulation on Distance Contracts shall apply. Accordingly; For products that are subject to a single order but are delivered separately, the day on which the consumer or a 3rd person determined by the consumer receives the last piece is taken into account; for products consisting of more than one piece, the day on which the consumer or a 3rd person determined by the consumer receives the last piece is taken into account.

6.5. The cases in which the consumer cannot exercise the right of withdrawal are as follows;

Products prepared in line with the consumer's requests or personal needs, products presented in a physical medium if protective elements such as packaging, tape seals or other packages have been opened after delivery of the goods, products considered as periodical publications such as newspapers and magazines, excluding those provided under a subscription agreement.

6.6. The consumer In case the consumer exercises his right of withdrawal and notifies the seller of this, the seller is obliged to refund all the prices received for the product, including expenses, within 3 business days from the date of receipt of this notification in writing.

6.7.The consumer shall not be responsible for any changes or deteriorations that occur when the consumer returns the product within the withdrawal period, but only if the product is used in accordance with its operation, technical specifications and usage instructions. However, if any damage or any defect occurs in the product due to the natural use of the product or failure to comply with the instructions for use, the seller is not responsible for returning or exchanging the product.

6.8. If the consumer uses the right of withdrawal and sends the product back through the carrier company specified by the seller in the preliminary information, he/she will not have to pay any costs related to the return.  However, if the product is sent with a carrier company other than the carrier company specified in the preliminary information, the shipping costs belong to the buyer. If no carrier company is specified in the preliminary information form for return, in this case, the same carrier company preferred for delivery of the product is deemed to have been preferred.  However, if the carrier company in question does not have a branch in the buyer's location, no expense can be claimed from the buyer.

6.9.The consumer must return the product to the seller within ten (10) days at the latest from the date of directing the right of withdrawal to the seller. For products that are not sent within this period or for products sent after this period, the buyer will be deemed to have waived the return request and the return request will not be accepted. However, if the seller has declared that he will pick up the product himself, this provision does not apply.

7. Defective Goods

7.1. Defective goods are goods that are in breach of the contract because they do not conform to the sample or model agreed upon by the parties at the time of delivery to the consumer or because they do not have the features that they should objectively have. Goods that do not have one or more of the features stated on their packaging, label, promotional and user manual, internet portal or advertisements and announcements; are contrary to the characteristics declared by the seller or determined in their technical regulations; Goods that do not meet the intended use of equivalent goods and that contain material, legal or economic deficiencies that reduce or eliminate the benefits reasonably expected by the consumer are also considered defective.

7.2. In this case, the consumer has the right to withdraw from the contract, including a refund, to replace the good with a defect-free one or to request a price reduction proportional to the defect or free of charge repair. The seller is obliged to fulfill this request preferred by the consumer.

7.3. In cases where the consumer was aware of the defect at the time the contract was concluded or was expected to be aware of it, there is no breach of contract. The consumer's optional rights against defects other than these are reserved.

8. Final Provisions

8.1.The BUYER declares that he has read the preliminary information on the (…) website regarding the basic qualities of the product that is the subject of the Agreement, the sales price including all taxes, the payment method, delivery and the fact that the costs thereof will be covered by (…), the delivery period and the full commercial title, full address and contact information of the SELLER, and that he has accurate and complete information and has given the necessary confirmation electronically. (…) The preliminary information f