DISTANCE SALES CONTRACT

     PARTIES

This Contract has been signed between the parties below under the terms and conditions specified herein.

'BUYER'; (hereinafter referred to as "BUYER" in this contract)

NAME-SURNAME:
ADDRESS:

'SELLER'; (hereinafter referred to as "SELLER" in this contract)

NAME-SURNAME: Obscure Item
ADDRESS: Sinanbey Mahallesi Lütfiye Sokak No:9 Bursa/İnegöl

By accepting this contract, the BUYER acknowledges that they will be obliged to pay the price of the ordered goods and any additional fees such as shipping costs and taxes, and that they have been informed about this in advance.

     DEFINITIONS

The terms written below will express the explanations next to them in the application and interpretation of this contract.

• MINISTER: The Minister of Customs and Trade.

• MINISTRY: The Ministry of Customs and Trade.

• LAW: The Law No. 6502 on Consumer Protection.

• REGULATION: The Regulation on Distance Contracts (OG: 27.11.2014/29188).

• SERVICE: Any type of consumer transaction other than the supply of goods made or promised for a fee or benefit.

• SELLER: The company offering goods to the consumer within the scope of commercial or professional activities or acting on behalf of or account of the seller.

• BUYER: A real or legal person acquiring, using, or benefiting from goods or services for non-commercial or professional purposes.

• SITE: The internet site owned by the SELLER.

• ORDERER: A real or legal person requesting a good or service via the SELLER’s internet site.

• PARTIES: The SELLER and the BUYER.

• CONTRACT: This contract executed between the SELLER and the BUYER.

• GOODS: The movable property that is the subject of the purchase and intangible goods prepared for use in electronic environments such as software, audio, video, etc.

     SUBJECT

This Contract regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts regarding the sale and delivery of the product, which the BUYER orders electronically through the SELLER’s website, with the characteristics and sale price specified below.

The listed prices and those advertised on the site are sale prices. The announced prices and promises are valid until updated or changed. Prices announced for a limited period are valid until the specified duration ends.

     SELLER INFORMATION

Title: Obscure Item
Address: Sinanbey Mahallesi Lütfiye Sokak No:9 Bursa/İnegöl
Phone: 05452946817
Fax:
Email: studio@obscureitem.com

     BUYER INFORMATION

Delivery Person:
Delivery Address:
Phone:
Fax:
Email/Username:

     ORDERER PERSON INFORMATION

Name/Surname/Title:

Address:
Phone:
Fax:
Email/Username:

1. PRODUCT/PRODUCTS INFORMATION SUBJECT TO THE CONTRACT

2. The essential features of the Goods/Products/Services (type, quantity, brand/model, color, number) are published on the SELLER’s website. If a campaign has been organized by the seller, the essential features of the relevant product can be reviewed during the campaign period. It is valid until the campaign date.

7.2. The listed prices on the site are the sales prices. Announced prices and promises are valid until updated or changed. Prices announced for a limited period are valid until the end of the specified period.

7.3. The total sale price including all taxes for the product or service subject to the contract is shown below.

Product Description

Quantity

Unit Price

Subtotal (Including VAT)

Shipping Fee

Total:

Payment Method and Plan

Delivery Address:

Delivery Person:

Invoice Address:

Order Date:

Delivery Date:

Delivery Method:

7.4. The shipping cost, which is the cost of the product shipment, will be paid by the BUYER.

     INVOICE INFORMATION

Name/Surname/Title:

Address:
Phone:
Fax:
Email/Username:
Invoice Delivery: The invoice will be delivered along with the order to the invoice address at the time of order delivery.

     GENERAL PROVISIONS

9.1. The BUYER accepts, declares, and undertakes that they have read and been informed about the essential characteristics of the product subject to the contract, the sales price, and the payment method and delivery information on the SELLER's website. The BUYER also accepts, declares, and undertakes that they have obtained the necessary information correctly and completely before the establishment of the distance sales contract, which includes the address that must be provided by the SELLER, the essential characteristics of the ordered products, the prices including taxes, and the payment and delivery information.

9.2. Each product subject to the contract will be delivered to the BUYER or to the person and/or institution designated by the BUYER at the address specified within the time frame indicated on the website, not exceeding the legal period of 30 days, depending on the distance to the BUYER's residence. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.

9.3. The SELLER agrees, declares, and undertakes to deliver the product subject to the contract fully, in accordance with the specifications indicated in the order, and with any warranty documents, user manuals, and other necessary information and documents in accordance with the requirements of legal regulations, free from all defects, and to perform the work in accordance with the principles of accuracy and honesty, to maintain and enhance the quality of the service, and to show the necessary care and attention during the execution of the work.

9.4. The SELLER may provide a different product of equal quality and price by informing the BUYER and obtaining their explicit approval before the deadline for the performance of the obligations arising from the contract.

9.5. If the performance of the obligations arising from the contract becomes impossible, the SELLER accepts, declares, and undertakes to notify the consumer in writing within 3 days from the date it learns of this situation and to refund the total amount to the BUYER within 14 days.

9.6. The BUYER accepts, declares, and undertakes that they will confirm this Contract electronically for the delivery of the product subject to the contract and that in case the payment for the product subject to the contract is not made for any reason and/or is canceled in the bank records, the SELLER's obligation to deliver the product subject to the contract will terminate.

9.7. If, after the delivery of the product subject to the contract to the BUYER or the person and/or institution designated by the BUYER, the credit card belonging to the BUYER is unlawfully used by unauthorized persons resulting in non-payment to the SELLER by the relevant bank or financial institution, the BUYER accepts, declares, and undertakes to return the product subject to the contract to the SELLER within 3 days at the SELLER's expense.

9.8. If the SELLER is unable to deliver the product within the specified time due to force majeure situations arising outside the will of the parties, unforeseen circumstances that prevent and/or delay the performance of the parties' obligations, the SELLER accepts, declares, and undertakes to notify the BUYER of the situation. The BUYER has the right to request the cancellation of the order, substitution with a similar product if available, and/or postponement of the delivery time until the obstacle is lifted. If the order is canceled by the BUYER, cash payments made by the BUYER will be refunded within 14 days. In the case of credit card payments, the amount will be refunded to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares, and undertakes that the average process for the amount refunded to the credit card by the SELLER to reflect in the BUYER's account may take 2 to 3 weeks, and that any delays in this regard are entirely related to the bank's processing time, therefore the BUYER cannot hold the SELLER responsible for potential delays.

9.9. The SELLER has the right to communicate with the BUYER via the address, email address, landline, mobile phone numbers, and other contact information specified by the BUYER in the site registration form or later updated by the BUYER for communication, marketing, notifications, and other purposes via mail, email, SMS, telephone calls, and other means. By accepting this contract, the BUYER acknowledges and declares that the SELLER may engage in the above-mentioned communication activities towards them.

9.10. The BUYER will inspect the product/service before receiving it; they will not accept damaged or defective goods/services, such as those with dents, cracks, or torn packaging, from the cargo company. The received product/service will be considered undamaged and intact. The obligation to carefully protect the product/service after delivery belongs to the BUYER. If the right of withdrawal is to be used, the product/service should not be used, and the invoice should be returned.

9.11. If the credit card holder using the credit card during the order is not the same person as the BUYER or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, a statement from the bank that the credit card belongs to the holder, or the previous month's statement of the credit card used in the order. In such a case, the SELLER may suspend the order until the requested documents are provided by the BUYER.

     RIGHT OF WITHDRAWAL

10.1. The BUYER has the right to withdraw from the contract without any justification and penalty within 14 (fourteen) days from the delivery of the product or the last product if the order includes multiple products without using their right to withdraw from the contract.

10.2. In order to exercise the right of withdrawal, the BUYER must notify the SELLER by written notice via registered mail, fax, or email before the expiry of the withdrawal period. In the notification, the order number must be stated, and the BUYER's intention to withdraw must be specified.

10.3. The BUYER must return the product within 10 (ten) days from the date they express their right of withdrawal. The product should be sent to the SELLER's address mentioned in Article 4, with the invoice of the product (the invoice should be in the name of the BUYER). The product must be undamaged, unused, and in its original packaging. Otherwise, the SELLER has the right to refuse the return.

10.4. The SELLER is obliged to refund the payments made by the BUYER, including the shipping cost, if any, within 14 (fourteen) days from the date the SELLER receives the notice of withdrawal. In the case of returning a product delivered to the BUYER, the refund will be made after the product is received by the SELLER.

10.5. The shipping cost for the return will be covered by the BUYER if the right of withdrawal is used, unless the product is defective or incorrect.

       DISPUTE RESOLUTION

11.1. If any disputes arise from the application of this contract, the parties will attempt to resolve them amicably before resorting to legal procedures.

11.2. If no solution can be reached through negotiation, the relevant courts and enforcement offices in the place of the SELLER’s registered office will be competent.

      EFFECTIVE DATE AND AMENDMENTS

This Contract is entered into force on the date of electronic confirmation by the BUYER. The SELLER has the right to make changes to this contract and/or to the prices at any time, as long as they inform the BUYER.

    COMPETENT COURT

In disputes arising from this contract, complaints and objections will be made to the consumer arbitration board or consumer court located in the consumer's place of residence or where the consumer transaction was made, within the monetary limits specified in the law below. Information regarding the monetary limits is as follows:

Effective from 28/05/2014:

a) For disputes valued at less than 2,000.00 (two thousand) TL, applications will be made to the district consumer arbitration boards.

b) For disputes valued at less than 3,000.00 (three thousand) TL, applications will be made to the provincial consumer arbitration boards.

c) In provinces designated as metropolitan municipalities, applications will be made to the provincial consumer arbitration boards for disputes valued between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL.

This Contract is made for commercial purposes.

     EFFECTIVE DATE

The BUYER is considered to have accepted all the terms of this contract upon completing the payment for the order placed through the Site. The SELLER is obliged to make the necessary software arrangements to ensure that the BUYER confirms reading and accepting this contract before the order is completed.

SELLER: Obscure Item

BUYER:

DATE: