DISTANCE SALES AGREEMENT

1. PARTIES

This Distance Sales Agreement (“Agreement”) has been electronically executed between Sıla Saydan, operating as a sole proprietorship
(“Seller”) and the person who purchases services/products through the website slaworks.com (“Buyer”).

The Parties acknowledge, declare, and undertake that they have read the entire Agreement, fully understood its content, and approved all of its provisions.

SELLER:

Seller’s Trade Name: Sıla Saydan (Sole Proprietorship)
Seller’s Tax Identification Number: 7540716209
Seller’s Website: slaworks.com
Seller’s E-mail Address: info@slaworks.com

BUYER:
Buyer’s Name/Surname:
Buyer’s Address:
Buyer’s Phone:
Buyer’s E-Mail Address:

Seller and Buyer shall hereinafter be referred to individually as a “Party” and collectively as the “Parties”.

By purchasing products and services from the Seller, the Buyer acknowledges, declares, and undertakes that they have read the entire Agreement, fully understood its content, and approved all of its provisions. Likewise, the Seller declares and undertakes the matters set forth below to the Buyer. Therefore, the accuracy of the information provided by the Buyer during the purchase of services is guaranteed by the Buyer.

2. FORMATION OF THE AGREEMENT

• THE BUYER ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTOOD THE AGREEMENT AND ARE AWARE OF THEIR RIGHTS AND OBLIGATIONS.
• THE PARTIES ACKNOWLEDGE THAT THERE IS NO DISPROPORTION BETWEEN THE OBLIGATIONS AGREED UPON UNDER THE AGREEMENT AND THAT THE RECIPROCAL OBLIGATIONS ARE APPROPRIATE TO THE NATURE OF THE WORK, AND THAT THEY HAVE NO LACK OF EXPERIENCE WITHIN THE SCOPE OF THE TRANSACTIONS COVERED BY THE AGREEMENT.
  
• THE BUYER ACKNOWLEDGES THAT THEY HAVE REACHED A FULL CONVICTION THAT THE TRANSACTIONS COVERED BY THE AGREEMENT ARE IN THEIR OWN INTEREST AND THAT THEY WILL COMPLY WITH ALL TERMS OF THEIR OWN FREE WILL, WITHOUT ANY DIFFICULTY OR DISTRESS, BY THINKING, WILLINGLY, AND KNOWINGLY.
  
• THE PARTIES ACKNOWLEDGE THAT THE PROVISIONS OF THE AGREEMENT DO NOT HAVE A CHARACTERISTIC THAT MAY BE CONSIDERED AN UNFAIR TERM AND THAT THERE IS NO INJUSTICE IN TERMS OF THE BALANCE OF INTERESTS.
  
• THE PROVISIONS OF THIS AGREEMENT DO NOT CONTAIN ANY UNFAIR TERMS PURSUANT TO THE REGULATION ON UNFAIR TERMS IN CONSUMER CONTRACTS. THE PROVISIONS DO NOT CONSTITUTE A VIOLATION OF THE PRINCIPLE OF GOOD FAITH AND HAVE BEEN PREPARED IN ACCORDANCE WITH THE LEGISLATION ON THE PROTECTION OF CONSUMERS.
  
• THE PROVISIONS OF THIS AGREEMENT HAVE BEEN PREPARED BY ALSO TAKING INTO CONSIDERATION THE PROVISIONS OF THE TURKISH CODE OF OBLIGATIONS. THE BINDINGNESS AND CONTENT CONTROL FORESEEN IN ARTICLE 21 OF THE TURKISH CODE OF OBLIGATIONS HAVE BEEN CARRIED OUT BY THE BUYER. NONE OF THE PROVISIONS OF THIS AGREEMENT CONSTITUTE TERMS THAT ARE FOREIGN TO THE NATURE OF THIS AGREEMENT AND THE CHARACTERISTICS OF THE WORK (SURPRISING TERMS). THE PROVISIONS OF THIS AGREEMENT ARE WRITTEN IN A CLEAR AND COMPREHENSIBLE MANNER AND DO NOT EXPRESS MORE THAN ONE MEANING.

3. SUBJECT AND SCOPE OF THE AGREEMENT

The subject of this Agreement is to determine the rights and obligations of the Parties in accordance with Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the qualities and sales price of which are specified below, ordered electronically by the Buyer through the Seller’s website www.slaworks.com.

4. BASIC CHARACTERISTICS OF THE GOODS OR SERVICES SUBJECT TO THE AGREEMENT

The basic characteristics, sales price, delivery, and payment terms of the product subject to this Agreement are as follows:

Type of Product/Service: Sale of product and/or service by the Seller to the Buyer through the Site

PAYMENT AND DELIVERY TERMS

Total product price excluding shipping:

Shipping Fee:

Total product price including shipping and all taxes:

Delivery Address:

Person to be Delivered To:

The total product price is collected from the Buyer by the Seller.

Delivery terms of the product/service subject to the Agreement:

Carrier Company Information: Carrier companies contracted by the Seller (The shipment information to be sent will be automatically displayed/sent to the customer.)

5. DELIVERY

Unless the product subject to the Agreement is a product prepared in line with the Buyer’s request or personal needs, it shall be delivered to the Buyer or to the person/organization at the address indicated by the Buyer within the period specified in the preliminary information form, depending on the distance of the Buyer’s delivery address, for each product, provided that it does not exceed the legal period of 30 (thirty) days.

For the avoidance of doubt, for the delivery of the product(s) subject to this Agreement, it is required that this Agreement and the Preliminary Information Form be electronically confirmed by the Buyer and that the product price(s) be paid in full and completely by the Buyer through the payment method preferred by the Buyer. If, for any reason, the product price is not paid, is paid incompletely, or the payment is cancelled in bank records, the Seller shall be deemed to be released from its obligation to deliver the product.

In cases where the performance of the ordered goods or services becomes impossible, the Seller shall notify the Buyer in writing or via a permanent data storage device within 3 (three) days from the date it learns of this situation and shall refund all payments collected, including delivery costs if any, to the Buyer within a maximum of 14 (fourteen) days from the date of notification.

6. BUYER’S DECLARATIONS AND UNDERTAKINGS

The Buyer acknowledges, declares, and undertakes that they have read and been informed about the preliminary information uploaded by the Seller on the Site regarding the basic characteristics of the goods or services subject to the Agreement, sales price, payment method, and delivery and shipping fee, that they have given the necessary confirmation electronically, and that by approving the order through the Site they are aware that they have entered into a PAYMENT OBLIGATION, that they have purchased the product/service electronically, and that the sales price will be collected from the credit card/debit card for which they have entered the payment information.

By electronically confirming this Agreement and the Preliminary Information Form, the Buyer also confirms that they have accurately and completely obtained the address, basic characteristics of the ordered goods or services, price of the goods or services including taxes, and payment and delivery and delivery price information, which must be provided to the Buyer by the Seller before the conclusion of distance contracts.

If, after the delivery of the goods or services, the credit card belonging to the Buyer is unfairly or unlawfully used by unauthorized persons without the Buyer’s fault and the relevant bank or financial institution does not pay the price of the goods or services to the Seller, the Buyer is obliged to return the goods or services to the Seller within 3 (three) days, provided that they have been delivered to the Buyer. In this case, delivery costs shall be borne by the Buyer.

If the goods or services subject to the Agreement are to be delivered to a person other than the Buyer, the Seller cannot be held responsible for the failure of the person to whom delivery will be made to accept the delivery.

If the Buyer is not present at the address where delivery is requested, the order shall absolutely not be left at another address. In this case, the Buyer must accept the legal obligations arising from placing an order to an address where they are not present.

The Seller is responsible for delivering the product subject to the Agreement in sound condition, complete, and in accordance with the qualities specified in the order. Provided that there is a justified reason, and before the expiration of the performance period arising from the Agreement, and on the condition of informing the Buyer and obtaining their explicit approval, the Seller may supply goods or services of equal quality and price to the Buyer.

For the delivery of the product subject to the Agreement, it is required that this Agreement be electronically confirmed and that the price of the order subject to the Agreement be paid. If, for any reason, the product price is not paid or is cancelled in bank records, the Seller shall be deemed to be released from its obligation to deliver the product within the scope of this Agreement.

The Seller is responsible for any loss or damage occurring until the goods are delivered to the Buyer or to a third person designated by the Buyer other than the carrier. If the Buyer requests that the goods be sent with a carrier other than the one designated by the Seller, the Seller shall not be responsible for any loss or damage that may occur as of the delivery of the goods to the relevant carrier.

The services provided by the Seller are intended for the end user within the scope of retail sales; if the Seller suspects that the Buyer has an intention of resale, the Seller reserves the right to cancel the order and not to deliver the products even if this Agreement has been concluded.

Before receiving the product, the Buyer must inspect it and must not accept defective or damaged products that can be detected by ordinary inspection from the Seller’s representative or the cargo company. If the Buyer neglects to inspect the goods and accepts delivery, they shall be deemed to have accepted that the product is sound and undamaged.

7. SELLER’S DECLARATIONS AND UNDERTAKINGS

The Seller is responsible for delivering the goods or services subject to the Agreement to the Buyer in accordance with consumer legislation, in sound condition, complete, in conformity with the qualities specified in the order, and together with warranty certificates and user manuals, if any.

Provided that there is a justified reason and on the condition of informing the Buyer and obtaining their explicit approval, the Seller may supply a different product of equal quality and price to the Buyer before the expiration of the performance period arising from the Agreement.

8. BUYER’S RIGHT OF WITHDRAWAL

Without prejudice to the other provisions set forth in the Agreement, the provisions and conditions regulated under this Article 8 shall be valid only if the Buyer has the status of consumer within the scope of the relevant legislation.

For Buyers who have the status of consumer within the scope of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, the right of withdrawal and its exercise:

Pursuant to the relevant provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts;

The consumer Buyer has the right to withdraw from the contract within 14 (fourteen) days without giving any reason and without paying any penalty; starting from the date of establishment of the contract in contracts regarding service performance, and from the date of delivery of the goods in distance contracts regarding sale of goods. It is sufficient that the notification regarding the exercise of the right of withdrawal is directed to the Seller in writing or via a permanent data storage device within this period. The Seller’s contact information to which the withdrawal notification may be sent is as follows:

Address: Altunizade Mahallesi, Üsküdar/İstanbul.
E-mail: info@slaworks.com

Following the receipt by the Seller of the notification regarding the exercise of the right of withdrawal, the consumer Buyer shall be informed.

If the Buyer exercises the right of withdrawal before the product is delivered, the Seller shall refund all payments collected, including delivery costs if any, to the Buyer in a single transaction, without imposing any cost or obligation, within 14 (fourteen) days from the date on which the notification regarding the exercise of the right of withdrawal reaches the Seller, in accordance with the payment instrument used by the Buyer when purchasing the product.

If the Buyer exercises the right of withdrawal after the product has been delivered, the Seller shall refund all payments collected, including delivery costs if any, to the Buyer in accordance with the payment instrument used by the Buyer when purchasing the product and without imposing any cost or obligation, within 14 (fourteen) days from the date the Buyer delivers the product to the cargo companies designated for return. However, if the consumer Buyer returns the goods with a carrier other than the designated ones, the said period shall start from the date the goods reach the Seller.

In case the consumer Buyer exercises the right of withdrawal, the cargo companies designated by the Seller to receive the returned product are the carrier companies contracted by the Seller. If the goods are returned through one of these cargo companies, the consumer Buyer shall not be held responsible for return costs. If the consumer Buyer sends the returned goods through a cargo company other than those contracted by the Seller, the Seller shall not be responsible for the return shipping costs or for any damage that may occur to the goods during the shipping process. If the contracted cargo companies do not have a branch in the Buyer’s location, the Seller is obliged to ensure the collection of the goods requested to be returned from the consumer without demanding any additional cost.

The consumer Buyer must send the goods back to the Seller within 14 (fourteen) days from the date on which the withdrawal notification is directed. Together with the returned goods, the invoice of the goods, box, packaging, standard accessories if any, and other products gifted due to the purchase of the goods must also be returned to the Seller completely and undamaged. The consumer Buyer must use the goods within the withdrawal period in accordance with their operation, technical characteristics, and usage instructions; otherwise, the Buyer shall be responsible for any changes and deterioration occurring in the goods. Since the refund of order amounts paid via bank accounts or credit cards and their reflection to the consumer Buyer’s accounts are entirely related to the bank transaction process, the Seller cannot intervene in any possible delays. Therefore, the reflection of the refunded amount to the consumer Buyer’s bank account or credit card by the bank may take a long time.

Pursuant to Article 15 of the Regulation on Distance Contracts, the consumer Buyer’s right of withdrawal shall not apply to: (a) goods or services whose price depends on fluctuations in financial markets and which are not under the control of the seller or provider, (b) goods prepared in accordance with the consumer’s wishes or personal needs, (c) delivery of goods that are perishable or may expire, (d) goods whose protective elements such as packaging, tape, seal, or package have been opened after delivery and whose return is not suitable in terms of health and hygiene, (e) goods that are mixed with other products after delivery and cannot be separated by nature, (f) books, digital content, and computer consumables presented in physical form if their protective elements such as packaging, tape, seal, or package have been opened after delivery, (g) delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement, (h) services related to accommodation, transportation of goods, car rental, food and beverage supply, and leisure activities for entertainment or relaxation that must be performed on a specific date or period, (i) services performed instantly in electronic environment or intangible goods delivered instantly to the consumer, and (j) services whose performance has begun with the consumer’s approval before the expiration of the withdrawal period, and (k) contracts concluded by auction in the form of live auction; and the consumer Buyer cannot exercise the right of withdrawal within the scope of these contracts.

COMPLAINT AND OBJECTION PROCEDURE FOR CONSUMER BUYERS WITHIN THE SCOPE OF LAW NO. 6502

All kinds of complaints and objections arising from this Agreement may be submitted, according to the monetary limits determined by the Ministry of Trade every December, to the Consumer Arbitration Committee located at the place of residence of the Buyer or where the consumer transaction was made, or to the Consumer Court, provided that application to a mediator is mandatory before filing a lawsuit pursuant to Article 73/A of Law No. 6502 on the Protection of Consumers.

9. SELLER’S METHOD FOR RESOLVING COMPLAINTS

The Buyer may communicate their complaints regarding the purchased goods and/or services directly to the Seller (by using the Seller’s contact details specified above under the heading Parties). Upon receipt of a complaint, the Seller shall provide all possible support for the resolution of the issue.

10. DEFAULT AND LEGAL CONSEQUENCES

In the event that the Buyer defaults on transactions made by credit card, the Buyer shall be responsible to the cardholder bank within the framework of the credit card agreement concluded with the bank. In this case, the relevant bank may pursue legal remedies and may claim the resulting costs and attorney’s fees from the Buyer. In any case, if the Buyer defaults, the Buyer shall be responsible for all kinds of losses and damages suffered by the Seller.

11. INTELLECTUAL PROPERTY

The Buyer acknowledges and declares that all rights arising from the Law on Intellectual and Artistic Works regarding the special design techniques used in the designs of the products produced by the Seller, textures, patterns, layouts, drawings, design elements (icons, buttons, etc.), styles, gradient and solid color tones, and all kinds of graphic design, illustration, drawing, design, and works, as well as the elements used in the design of all products offered for sale on the Site, belong to the Seller.

All intellectual and industrial property rights and ownership rights regarding all information and content on the Site, and their arrangement, revision, and partial or complete use—except those belonging to other third parties in accordance with the Seller’s agreements—belong to the Seller. All or part of the product(s) purchased by the Buyer and/or any information, software, or service obtained from the product may not be modified, copied, distributed, reproduced, published, subjected to derivative works, transferred, or sold. The Buyer acknowledges and undertakes that they will not use the product purchased under this Agreement for illegal purposes and/or in these prohibited ways. Otherwise, all legal and criminal liability shall belong to the Buyer, and the Seller reserves the right to claim any compensation and other rights arising from such unauthorized use against all claims and demands that may be asserted against the Seller by third parties or competent authorities.

12. RESOLUTION OF DISPUTES

All kinds of complaints and objections arising from this Agreement may be submitted, according to the monetary limits determined by the Ministry of Trade every December, to the Consumer Arbitration Committee located at the place of residence of the Buyer or where the consumer transaction was made, or to the Consumer Court, provided that application to a mediator is mandatory before filing a lawsuit pursuant to Article 73/A of Law No. 6502 on the Protection of Consumers.

13. OTHER PROVISIONS

The Seller may assign its rights and obligations arising from this Agreement to third parties without obtaining the approval of the Buyer. The Buyer may not assign its rights and obligations arising from this Agreement to third parties without obtaining the approval of the Seller.

The Buyer acknowledges that, in disputes that may arise within the scope of this Agreement, the electronic records and system records, commercial records, book records, microfilm, microfiche, and computer records kept by the Seller in its own database or servers shall constitute valid, binding, conclusive, and exclusive evidence; that the Buyer waives the right to tender oath to the Seller; and that this article constitutes an evidentiary agreement within the meaning of Article 193 of the Code of Civil Procedure.

Events that occur beyond the control of the Parties and that prevent and/or delay the performance of the obligations undertaken by the Parties under this Agreement, without any fault or negligence of the relevant Party, shall be deemed force majeure. (Such events include, by way of example, strike, lockout, declared or undeclared war, civil war, terrorist acts, earthquake, fire, flood, and similar natural disasters; legislative and administrative acts of any official authority, provided that they do not arise from the insufficiency of either Party; technical failures and delays related to malfunctions and delays caused by other service providers supplying internet connection, and similar events.) The Parties shall not be held responsible for failure to perform their obligations fully or on time in such circumstances, including events that are beyond their control and could not reasonably be foreseen. The Party whose obligations are affected by any force majeure shall notify the other Party in writing as soon as possible and shall deliver to the other Party, as soon as possible, a document issued by an authorized person or institution certifying the force majeure event.

14. EFFECTIVE DATE

This Agreement shall be deemed concluded and entered into force on the date it is approved online by being electronically approved by the Buyer. Transactions carried out through the Site shall be considered as declarations of intent that are binding upon the Parties in accordance with the Turkish Code of Obligations, consumer legislation, and other applicable legislation in force.

The text of this Agreement shall be sent via e-mail to the e-mail address provided by the Seller immediately after its approval and shall be stored by the Seller for a period of 3 (three) years. The Buyer may, at any time, apply by sending a request to info@slaworks.com
 and request access to a copy of this Agreement from the Seller.