Distance Sales Contract

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ARTICLE 1 – PARTIES

1.1. SELLER:

Company Name: TAURUS 88

Headquarters: Akarbasi Mahallesi Atatürk Bulvari No:77 Baris Apartmani 2 Odunpazari Eskisehir

Phone: +90 538 331 0117

1.2. BUYER:

Name/Surname/Company Name: {billing_full_name}

Email: {billing_email}

ARTICLE 2 – SUBJECT

The subject of this contract is to determine the rights and obligations of the parties in accordance with the provisions of Law No. 4077 on the Protection of Consumers and the Regulation on the Application Principles and Procedures of Distance Contracts, regarding the sale and delivery of the product whose characteristics and sales price are specified below, which the BUYER has ordered electronically from the SELLER’s website pipesmeerschaum.com.

ARTICLE 3 – CONTRACT PRODUCT

3.1 Product Details:

The type and kind of products, quantity, brand/model, color, sales price including taxes (as unit x unit price) are as specified below:

{products}

3.2 Payment Method:

{payment_method_and_plan}

For Credit Card Installment Orders:

Your bank may organize campaigns and apply a higher number of installments than the number you selected, and may offer services such as installment deferral. Such campaigns are at your bank’s initiative and if our company is aware of them, information about the campaigns is provided on our pages.

Starting from your credit card’s statement date, the order total will be divided by the number of installments and reflected on your credit card statement by your bank. The bank may not distribute the installment amounts equally across months, taking into account fraction differences. Creating your detailed payment plan is at your bank’s initiative.

3.3 Interest Information:

Since installment sales are made only with credit cards belonging to banks, the BUYER accepts, declares and undertakes that they will separately confirm the relevant interest rates and default interest information from their bank, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the BUYER in accordance with the current legislation.

3.4 Identity Verification:

For personal purchases made without using 3D Secure, the credit card holder must present identity documents. For corporate purchases, company information must be presented.

Return Procedure:

A) CREDIT CARD RETURN PROCEDURE

In cases where the BUYER exercises their right of withdrawal, or when the product subject to the order cannot be supplied for various reasons, or in cases where the Arbitration Board decides to refund the Consumer, if the purchase was made with a credit card and in installments, the credit card return procedure is specified below:

The Bank makes the refund to the customer in installments as many as the customer purchased the product. After the SELLER pays the full product price to the bank at once, in case of return of installment purchases made from Bank POS to our Customer’s credit card, the requested return amounts are transferred to the holder party accounts in installments by the Bank in order not to victimize the parties involved.

The installment amounts that the customer has paid until the cancellation of the sale will be reflected as 1 return to the card each month if the return date and the card’s statement dates do not coincide, and the customer will receive the installments paid before the return for as many months as the number of installments paid before the return after the installments of the sale are completed, and will be deducted from their current debts.

In case of return of goods and services purchased with a card, the SELLER cannot make cash payment to the Customer due to the contract made with the Bank. When a return transaction is in question, the Member merchant, i.e., the SELLER, will make the return through the relevant software, and since the Member merchant, i.e., the SELLER, is obliged to pay the relevant amount to the Bank in cash or by offset, cash payment cannot be made to the Customer according to the procedure we have explained above. Return to credit card will be made by the Bank according to the above procedure after the SELLER pays the price to the Bank at once.

The BUYER accepts and undertakes that they have read and accepted this procedure.

B) RETURN PROCEDURE FOR CASH ON DELIVERY AND WIRE TRANSFER/EFT PAYMENT OPTIONS

In cash on delivery and wire transfer/EFT payment options, returns will be made by requesting bank account information from the Consumer, by wire transfer or EFT to the account specified by the Consumer (the account must be in the name of the person at the billing address or the member user).

3.4B.1 – Delivery Method and Address:

Person to be Delivered: {shipping_full_name}

Contact Information of the Person to be Delivered: {billing_phone}

Delivery Address: {shipping_address}

Billing Address: {billing_address}

Delivery will be made by hand delivery through the cargo company {shipping_method} at the BUYER’s address specified above. Even if the BUYER is not present at the address at the time of delivery, the SELLER will be considered to have fulfilled its obligation completely. Therefore, all damages arising from the BUYER’s late receipt of the product and the expenses incurred due to the product waiting at the cargo company and/or the cargo being returned to the SELLER belong to the BUYER.

Cargo Fee: {shipping_cost}, and the cargo price is added to the order total and paid by the customer. It is not included in the product price.

ARTICLE 4 – GENERAL PROVISIONS

4.1

The BUYER declares that they have read and become informed about the basic characteristics, sales price, payment method, and preliminary information regarding delivery of the product subject to the contract on the pipesmeerschaum.com website and have given the necessary confirmation electronically.

4.2

The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the preliminary information on the website, depending on the distance of the BUYER’s place of residence, provided that it does not exceed the legal 30-day period for each product.

4.3

If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible for the person/organization to whom the delivery will be made not accepting the delivery.

4.4

The SELLER is responsible for delivering the product subject to the contract in sound, complete condition, in accordance with the specifications specified in the order, and with warranty documents and user manuals, if any.

4.5

For the delivery of the product subject to the contract, the signed copy of this contract must have reached the SELLER and the price must have been paid by the payment method preferred by the BUYER. If the product price is not paid for any reason or is canceled in bank records, the SELLER is considered to be relieved of the obligation to deliver the product.

4.6

If the relevant bank or financial institution does not pay the product price to the SELLER due to the unauthorized or unlawful use of the BUYER’s credit card by unauthorized persons in a way not due to the BUYER’s fault after the delivery of the product, the BUYER is obliged to send the product to the SELLER within 3 days, provided that it has been delivered to them.

4.7

Defective or broken products (defective), whether sold with warranty certificate or not, can be sent to the SELLER for necessary repair to be done at the authorized service within warranty conditions, in this case cargo expenses will be covered by the BUYER.

ARTICLE 5 – RIGHT OF WITHDRAWAL

The BUYER has the right to reject the goods and withdraw from the contract within 14 days from the delivery of the product subject to the contract to themselves or the person/organization at the address they indicated. The product price is refunded to the BUYER within 14 days from the date the consumer’s withdrawal notification reaches the SELLER. The cargo cost of the product returned due to the right of withdrawal is covered by the BUYER.

We undertake that the consumer has the right to reject the goods or services and withdraw from the contract within fourteen days from the date of receiving the goods or signing the contract without any legal and criminal liability and without showing any reason, and to take back the goods from the date the withdrawal notification reaches the SELLER or provider.

In accordance with the general communiqué of the tax procedure law No. 395, in order to carry out return transactions, the relevant sections in the invoice with the return section that we sent to you must be filled completely and signed, then sent back to us together with the product.

However, in TRNC and overseas shipments, our Customers are obliged to pay the taxes of the products they receive at customs since they do not pay VAT on their orders. Customers do not have the right of withdrawal for products that are not received from customs in any way. Because according to Article 8 of the REGULATION ON DISTANCE CONTRACTS APPLICATION PROCEDURES AND PRINCIPLES, the Consumer has the right to reject the goods and withdraw from the contract within fourteen days from the date of receipt without any legal and criminal liability and without showing any reason in distance contracts related to the sale of goods.

ARTICLE 6 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

The right of withdrawal cannot be used for products that cannot be returned due to their nature, single-use products, copyable software and programs, products that deteriorate quickly or have expired. The use of the right of withdrawal for the following products is subject to the condition that the product packaging is unopened, undamaged and the product is unused:

• Portable Computers and Desktop Computers (Will not be returned after the original operating system is installed, i.e., after the computer setup is done.)
• All kinds of software and programs
• DVDs, VCDs, CDs and cassettes
• Computer and stationery consumables (toner, cartridge, ribbon, etc.)
• All kinds of cosmetic products
• Phone credit orders
• Products prepared according to the consumer’s requests or personal needs
• Products whose protective elements such as packaging, tape, seal, package have been opened after delivery
• Products that can deteriorate quickly or whose expiration date may pass
• Products that cannot be returned due to their nature (except in cases where the product is defective or faulty, products that may pose a health hazard after opening, e.g., products that require direct contact with the body during use (in-ear or over-ear headphones, etc.), single-use products, copyable software and programs, products that deteriorate quickly or have expired, and their return is not possible.

ARTICLE 7 – DEFAULT PROVISIONS

In case the parties fail to fulfill their obligations arising from this contract, the Default of Debtor provisions in Articles 106-108 of the Code of Obligations will be applied. In case of default, if any party fails to fulfill their obligations within the time limit without a justified reason, the other party will give the party who does not fulfill their obligation a 7-day period to fulfill the said obligation. If it is fulfilled within this period, the party who does not fulfill their obligation will be considered in default and the creditor will have the right to demand the delivery of the goods by demanding the performance of the obligation, and/or to demand the termination of the contract and the refund of the price.

In accordance with the last paragraph of Article 9 of the Regulation on Distance Contracts, if the SELLER pipesmeerschaum.com cannot fulfill its contractual obligations, claiming that the performance of the ordered goods or services has become impossible (in case the product cannot be supplied from the supplier company in any way), it undertakes to notify the consumer of this situation before the expiry of the performance obligation arising from the contract. In this case, the BUYER has the right to terminate the contract immediately, and undertakes to refund the price of the product ordered by the Customer and all documents that put them under debt.

If pipesmeerschaum.com cannot deliver the product subject to the contract within the time due to force majeure or extraordinary events such as adverse weather conditions preventing transportation, cessation of transportation, fire, earthquake, flood that may prevent the fulfillment of this obligation, in such situations, the BUYER can exercise one of the rights to cancel the order or postpone the delivery time until the preventing situation is eliminated, acknowledging that pipesmeerschaum.com has no responsibility. If the BUYER cancels the order, the amount paid is paid to them within 14 days. (In installment purchases made with credit cards, the above procedure for credit card returns is accepted by the BUYER)

ARTICLE 8 – COMPETENT COURT

In the application of this contract, Consumer Arbitration Committees up to the value announced by the Ministry of Industry and Trade and Consumer Courts in the place of residence of the BUYER or SELLER are authorized. In case the order is realized, the BUYER is deemed to have accepted all the terms of this contract.

SELLER: TAURUS 88

BUYER: {billing_full_name}

DATE: {order_date}

This is an English translation of a Turkish legal document (Mesafeli Satis Sozlesmesi). In case of any discrepancies, the original Turkish version shall prevail.