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Distance Selling Agreement

EASTROAD DISTANCE SALES AGREEMENT ("Agreement")

1. PARTIES
This Distance Selling Agreement ("Agreement"); address specified in Article 6 ("BUYER") and Asmalı Mescit Mah. Istiklal Cad. It was established electronically between EASTROAD YAZILIM VE LOGİSTİK TEKNOLOJİ HİZMETLERİ ELEKTRONİK MAĞAZACILIK TİCARET ANONİM ŞİRKETİ ("SELLER"), located at Elhamra Han No: 130 İç Kapı No: 49 Beyoğlu/İstanbul, within the framework of the terms and conditions specified below.

2. DEFINITIONS

In the implementation and interpretation of this Agreement, the terms written below will refer to the written explanations opposite them.

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

Service : The subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit,

Web site : SELLER's website named www.eastroad.com,

SALES PERSON : A natural or legal person, including public legal entities, who offers goods to consumers for commercial or professional purposes or acts on behalf or on behalf of the person who offers goods,

Ordering : Real or legal person who requests a good or service via the SELLER's website www.eastroad.com,

Agreement : This Agreement concluded between the SELLER and the BUYER,

Sides : SELLER and BUYER,

Product or Products : Movable goods subject to shopping refer to software, audio, video and all similar products prepared for use in electronic media.

3. TOPIC
The subject of this Agreement; It is the determination of the rights and obligations of the Parties in accordance with the provisions of the Law on Consumer Protection and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualities and sales price are specified below, which the BUYER ordered electronically through the SELLER's website. The prices listed and announced on the site are the sales price. Declared prices and promises are valid until updated or changed. Prices announced periodically are valid until the end of the specified period.

4. ISSUES ON WHICH THE BUYER IS INFORMED IN PRIOR
4.1. The BUYER declares that he/she has reviewed, read and understood all general and special explanations on the relevant pages and sections of the Website and has been provided with the necessary information, before this Agreement is accepted and established by the BUYER on the Website and before the BUYER enters into the obligation to place the order and payment. accepts.
a) SELLER's title, contact information and current identification information,

b) Appropriate tools-methods for the stages of the sales transaction when purchasing the Products from the Website and for correcting incorrectly entered information,
c) Confidentiality, data use-processing and electronic communication rules applicable to the BUYER information applied by the SELLER, as well as the permissions given by the BUYER to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER and the procedures for exercising the rights of the parties,
d) Shipping restrictions stipulated by the SELLER for the products,
e) The payment method-tools accepted by the SELLER for the Products subject to the contract, the basic features of the Products, the total price including taxes (the total price to be paid by the BUYER to the SELLER, including related expenses),
f) Information about the procedures for the delivery of the Products to the BUYER and transportation-delivery-cargo costs,
g) Other payment/collection and delivery information regarding the products and information regarding the execution of the Agreement, the responsibilities of the Parties in these matters,
h) Products and other goods-services for which the BUYER does not have the right of withdrawal,
i) In cases where the BUYER has the right of withdrawal, the terms, duration and procedure of using this right, and the BUYER will lose his right of withdrawal if the right is not exercised in due time,
j) For Products with the right of withdrawal, if the Product is damaged or changed due to not being used in accordance with the usage instructions, normal operation or technical specifications within the withdrawal period, the BUYER's withdrawal request may not be accepted and in any case, the SELLER will be responsible to the SELLER. k) In cases where the right of withdrawal exists, how the products can be returned to the SELLER and all related financial issues (return methods, costs and refund of the product price). and during the return, including the discounts and deductions that can be made for the money points earned/used by the BUYER), l) All other sales conditions included in this Agreement, depending on its nature, and this Agreement are sent to the BUYER electronically after being approved and established by the BUYER on the WEBSITE. Since it is sent by mail, it can be stored and accessed by the BUYER for the desired period of time,


5. SELLER INFORMATION

Title: EASTROAD YAZILIM VE LOGISTICS TECHNOLOGY SERVICES ELEKTRONİK MAĞAZACILIK TİCARET ANONİM ŞİRKETİ

Address: Asmalı Mescit Mah. Istiklal Cad. Elhamra Han No: 130 İç Kapı No: 49 Beyoğlu/İstanbul

Phone: +90 850 305 12 64

Email address: [email protected]

6. CONTRACT SUBJECT PRODUCT/PRODUCTS INFORMATION

6.1. The basic features (type, quantity, brand/model, color, quantity) of the Good/Product(s)/Service are available on the SELLER's website. You can review the basic features of the product during the campaign.
6.2. The prices listed and announced on the site are the sales price. Declared prices and promises are valid until updated or changed. Prices announced periodically are valid until the end of the specified period.
6.3. The sales price of the goods or services subject to the contract, including all taxes, is shown in the table below.


Product Description

Piece

Cash Price

Subtotal (VAT included)

100% Leather Casual Shoes Leather Beige
one
XXX
XXX
Shipping Amount (Shipnext Express)


XXX
Service Fee


XXX
Service Fee (Discount)


XXX


Total
XXX

6.4. Additional fees such as shipping fee, which is the cost of shipping the product, and any other taxes, duties and fees will be paid by the BUYER.


7. GENERAL PROVISIONS

7.1. BUYER accepts, declares and undertakes that he/she has read the preliminary information regarding the basic characteristics of the Product subject to the Contract, the sales price, payment method and delivery on the Website, and has given the necessary confirmation electronically. BUYER's; He/she accepts, declares and undertakes that he/she confirms the Preliminary Information electronically and obtains the address to be given by the SELLER to the BUYER before the establishment of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, and the payment and delivery information accurately and completely. .
7.2. Each product subject to the contract is delivered to the BUYER or the person and/or organization at the address specified by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's residence, provided that it does not exceed the legal period. If the BUYER does not fulfill its obligation within this period, the BUYER may terminate the Contract. The delivery date of the products specified as "estimated delivery date" on the website is stated as an estimate and this expression does not contain any commitment.
7.3. SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, and information and documents required for the job, and to perform the job within the principles of accuracy and honesty, free from any defects, in accordance with the requirements of legal legislation, in accordance with the standards. to maintain and improve service quality,

He accepts, declares and undertakes to show the necessary care and attention during the performance of the work and to act with prudence and foresight.
7.4. BUYER accepts that he/she will confirm this Agreement electronically for the delivery of the product subject to the contract, and that if the price of the product subject to the contract is not paid for any reason and/or is canceled in the records of the bank or financial institution, the SELLER's obligation to deliver the product subject to the contract will end. declares and undertakes. BUYER accepts, declares and undertakes that the SELLER has no liability for payments made to the SELLER by the bank and/or financial institution, but for which a failure code was sent by the bank and/or financial institution for any reason.

7.5.The SELLER accepts and declares that if it cannot deliver the product subject to the Contract within the time limit due to force majeure situations, such as situations that develop beyond the will of the Parties, are unforeseen and prevent and/or delay the Parties from fulfilling their debts, it will notify the BUYER of the situation. and commits. The BUYER also has the right to request from the SELLER to cancel the order or postpone the delivery time until the hindering situation disappears.

7.6. BUYER will inspect the goods/services subject to the contract before receiving them; dents, broken, packaging torn, etc. Damaged and defective goods/services will not be received from the cargo company. The goods/services received will be deemed to be undamaged and intact. The BUYER is responsible for carefully protecting the goods/services after delivery. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.

7.7. BUYER declares and undertakes that the personal and other information provided while subscribing to the SELLER's website is accurate, and that the SELLER will compensate all damages that the SELLER may incur due to the untruth of this information, immediately, in cash and in lump sum, upon the first notification of the SELLER.

7.8. BUYER accepts and undertakes to comply with the legal regulations and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise will be entirely and exclusively binding on the BUYER.
7.9. BUYER cannot use the SELLER's website in any way that disrupts public order, violates general morality, disturbs or harasses others, for an unlawful purpose, or in a way that violates the material and moral rights of others. In addition, the member cannot take any action that prevents or makes it difficult for others to use the services.

7.10. Links may be provided through the SELLER's website to other websites and/or other content that are not under the SELLER's control and/or owned and/or operated by other third parties. These links are provided to provide ease of navigation to the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.

8. SPECIAL CONDITIONS
8.1. BUYER will be able to shop from more than one boutique on the Website in a single basket. SELLER/s may issue more than one invoice for each product purchased from different boutiques in the same basket. For the avoidance of doubt, it should be stated that the SELLER may deliver the products purchased by the BUYER from different boutiques at different times, provided that they remain within the legal period in the legislation.

8.2. The SELLER may, at its sole discretion, organize various campaigns for BUYERS on the Website at various times, the conditions of which will be determined by the SELLER (campaigns in which discounts of a type to be determined by the SELLER are reflected to the BUYERS in cases where purchases are made from one and/or more than one boutique at the same time in amounts to be determined by the SELLER). ). However, the BUYER has the right to return the products purchased for any reason, the right of withdrawal, etc. If the campaign conditions organized by the SELLER cannot be met for any reason, the discount amount/benefit used within the scope of the campaign will be canceled and will be deducted from the refund payment to be made to the BUYER.

8.3. SELLER reserves the right to stop, update and change the campaign conditions of the campaigns announced on the Website at any time. BUYER must review the campaign conditions before each purchase from the Website.


9. RULES ON PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGES AND INTELLECTUAL-INDUSTRIAL PROPERTY

9.1. BUYER's name, surname, e-mail address, ID number, demographic data, financial data, etc., which can be defined as personal data. informations;
* taking orders, providing products and services, developing products and services, solving systemic problems, performing payment transactions, - if prior approval is given - being used in marketing activities about orders, products and services, updating the BUYER's information and managing and maintaining memberships. In order to execute the distance sales contract and other contracts established between the BUYER and the SELLER and to ensure that the technical, logistics and other similar functions of third parties are carried out on behalf of the SELLER, the SELLER, SELLER affiliates and third parties and/or organizations may record it indefinitely/periodically, in written/magnetic form. It can be kept in archives, used, updated, shared, transferred and processed in other ways.

9.2. BUYERS are provided by EASTROAD YAZILIM VE LOGİSTİK TEKNOLOJİ HİZMETLERİ ELEKTRONİK MAĞAZACILIK TİCARET ANONİM ŞİRKETİ for the purposes of promotion, advertising, communication, promotion, sales and marketing of all kinds of products and services, card information and membership information, transactions and applications, in accordance with the applicable legislation. Commercial electronic communications can be made via SMS/text message, instant notification, automatic dialing, computer, telephone, e-mail/mail, and other electronic communication tools, and the BUYER accepts to have commercial electronic messages sent to him/her.

9.3. The necessary precautions for the security of the information and transactions entered by the BUYER on the Website have been taken within the SELLER's own system infrastructure, within today's technical possibilities, according to the nature of the information and transaction. However, since the information in question is entered from the BUYER's devices, it is the BUYER's responsibility to take the necessary precautions, including those regarding viruses and similar harmful applications, to ensure that it is protected by the BUYER and cannot be accessed by unrelated persons.

9.4. BUYER may request data usage, processing and/or communications to be stopped at any time by contacting SELLER through the specified communication channels. According to the BUYER's clear notification on this matter, personal data processing and/or communications to the party are stopped within the legal maximum period; In addition, if he wishes, his information, other than what is legally required and/or possible to be preserved, will be deleted from the data recording system or anonymized so that his identity cannot be determined. If the BUYER wishes, the transactions related to the processing of personal data, the persons to whom it is transferred, correction of it if it is incomplete or inaccurate, and notification of the corrected information to the relevant third parties,

He/she can always apply to the SELLER and obtain information on issues such as deletion or destruction of data, objection to a result against him/her by analyzing it with automatic systems, and compensation in case of damage due to illegal processing of data. The applications in question will be examined and the BUYER will be contacted within the legal period within the periods stipulated in the legislation.

9.5. Regarding all kinds of information and content of the Website and their arrangement, revision and partial/full use; According to the SELLER's agreement, except for those belonging to other third parties; All intellectual-industrial rights and property rights belong to EASTROAD YAZILIM VE LOGİSTİK TEKNOLOJİ HİZMETLERİ ELEKTRONİK MAĞAZACILIK TİCARET ANONİM ŞİRKETİ. 9.6. Other sites accessible from the Website have their own privacy-security policies and terms of use, and the SELLER is not responsible for any disputes that may arise and their negative consequences.


10. RIGHT OF WITHDRAWAL
10.1. BUYER; In distance contracts for the sale of goods, the company may exercise its right of withdrawal from the Contract by rejecting the goods without giving any justification within 15 (fifteen) days from the date of delivery of the product to itself or to the person/organization at the address indicated. In distance contracts for service provision, this period starts from the date the contract is signed. The BUYER must send the notification regarding the exercise of the right of withdrawal to the SELLER within this period. Before accepting the distance contract or any offer corresponding to it, the BUYER is informed by the SELLER in a clear and understandable manner regarding the details of the issues specified in the regulation and that he will be obliged to pay if he approves the order, and the BUYER accepts in advance that he has been informed. The right of withdrawal cannot be exercised in service contracts where the performance of the service begins with the approval of the consumer before the right of withdrawal expires.
10.2. In order to exercise the right of withdrawal, the product must be created within 15 (fifteen) days after receiving the product, from the "Easy Return" section on the "My Orders" page on the www.eastroad.com website, and the SELLER must return the product to the BUYER within 7 days, which is the validity period of the return code. It must be delivered to the authorized person of the cargo company sent. In addition, the BUYER undertakes and accepts that he is responsible for paying the personalized shipping fee announced by eastroad.com when returning the product he received without giving any reason. The communication channels through which the withdrawal notification will be made can be accessed at the link https://eastroad.com/index.php?route=information/contact." In order to exercise the right of withdrawal, the product must not have been used within the framework of the "Products for which the Right of Withdrawal cannot be Exercised" provisions set out under the heading of Article 11 of this agreement. .If this right is used,
a) The invoice of the product delivered to the third party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning it. Order returns whose invoice is issued on behalf of institutions cannot be completed unless the RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, including their box, packaging and standard accessories, if any.
e) If there is a decrease in the value of the goods or a return becomes impossible due to a reason arising from the BUYER's fault, the BUYER is obliged to compensate the SELLER's damages in proportion to the fault.


11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
BUYER will not be able to use the right of withdrawal in the following contracts:
a) Contracts regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the SELLER
b) Contracts regarding goods prepared in line with the consumer's wishes or personal needs
c) Contracts for the delivery of goods that can quickly deteriorate or expire
ç) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts regarding the delivery of those whose return is not suitable in terms of health and hygiene. d) Contracts regarding goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts regarding books, digital content and computer consumables presented in tangible form, provided that the protective elements such as packaging, tape, seal and package have been opened after the delivery of the goods.
f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement.
g) Contracts regarding accommodation, goods transportation, car rental, food and beverage supply and utilization of free time for entertainment or recreation purposes, which must be made on a certain date or period.
g) Contracts regarding services performed instantly in electronic environment and intangible goods delivered instantly to the BUYER.
h) Contracts regarding services whose performance started with the approval of the BUYER before the right of withdrawal expires.

12. ENFORCEMENT
If the payment for the order placed on the site is made, the BUYER will be deemed to have accepted all the conditions of this Agreement. The SELLER is obliged to make software arrangements that will ensure that orders cannot be placed on the site without receiving confirmation that the Agreement in question has been read and accepted by the BUYER.