TERMS AND CONDITIONS

DISTANCE SALES AGREEMENT

Prepared in accordance with the Distance Contracts Regulation published in the Official Gazette dated 27 November 2014, No. 29188.

1. PARTIES

This Agreement is signed between the parties below within the framework of the terms and conditions stated herein.

1.1. SELLER (hereinafter referred to as the “SELLER” in the contract)

Company: ISHQHAL

Address: Turkey

E-Mail: official@ishqhal.com

1.2. BUYER (hereinafter referred to as the “BUYER” in the contract)

Full Name: (BUYER FULL NAME)

Phone: (BUYER PHONE)

E-Mail: (BUYER E-MAIL ADDRESS)

IP Address: (BUYER IP ADDRESS)

By accepting this preliminary information form, the BUYER acknowledges and agrees in advance that by confirming the order subject to the contract, they undertake the obligation to pay the order price, any applicable shipping fees, and additional charges such as taxes and have been informed about these.

2. DEFINITIONS

In the implementation and interpretation of this contract, the terms written below shall mean the following explanations.

MINISTER: Minister of Customs and Trade,

MINISTRY: Ministry of Customs and Trade,

LAW: Law No. 6502 on the Protection of the Consumer,

REGULATION: Distance Contracts Regulation (OG: 27.11.2014/29188),

SERVICE: Any consumer transaction other than providing goods in return for a fee or benefit, or the commitment to provide such,

SELLER: The company offering goods to the consumer within the scope of its commercial or professional activities or acting on behalf or account of the company providing goods,

BUYER: The natural or legal person acquiring, using, or benefiting from a good or service for non-commercial or non-professional purposes,

SITE: The internet site belonging to the SELLER,

ORDERER: The natural or legal person requesting a good or service through the SELLER’s internet site,

PARTIES: The SELLER and the BUYER,

CONTRACT: This agreement made between the SELLER and the BUYER,

GOODS: Movable goods subject to purchase and intangible goods such as software, sound, image, and similar items prepared for use in electronic media.

3. SUBJECT

This Agreement regulates the rights and obligations of the parties concerning the sale and delivery of the product whose characteristics and sales price are stated below, ordered electronically by the BUYER through the SELLER’s internet site, pursuant to the Law No. 6502 on the Protection of the Consumer and the provisions of the Distance Contracts Regulation.

Listed and announced prices on the site are sales prices. Announced prices and promises are valid until updated or changed. Periodically announced prices are valid until the specified period ends.

4. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE CONTRACT

4.1. The basic features of the Goods/Product(s)/Service (type, quantity, brand/model, color, number) are published on the SELLER’s internet site. If a campaign is organized by the seller, you may review the basic features of the related product during the campaign period. Valid until the campaign date.

4.2. Listed and announced prices on the site are sales prices. Announced prices and promises are valid until updated or changed. Periodically announced prices are valid until the specified period ends.

4.3. The name, quantity, VAT-inclusive sales price, payment method, and basic characteristics of the goods or services subject to the contract are shown below.

Product & Product CodeQuantityUnit PriceTotal
(Purchased Product Name and Code)(Quantity)(.. $)(.. $)

4.4. Shipping costs (cargo fee) for the product will be paid by the BUYER.

4.5. If the BUYER pays by Credit/Debit card;

• The BUYER accepts, declares, and undertakes that all payment transactions including single payment, installment number, installment deferral, refund, card points, etc., will be applied within the principles and agreements determined between the Payment Intermediary – BUYER’s Bank and BUYER’s Bank – BUYER.

4.6. If the BUYER pays by Wire Transfer/EFT;

• The BUYER accepts, declares, and undertakes that orders not paid within 2 business days will be canceled.

5. INVOICE AND DELIVERY INFORMATION

Invoice Address:
(BUYER’S SPECIFIED INVOICE ADDRESS)

Delivery Address:
(BUYER’S SPECIFIED DELIVERY ADDRESS)

Your invoice will be delivered along with the product(s) to the invoice address specified at the time of order delivery or sent via e-mail. Delivery will be made by hand to the delivery address specified by the BUYER via the contracted cargo company. Even if the person at the DELIVERY ADDRESS is not present at the time of delivery, our Company will be considered to have fully and properly fulfilled the delivery of the order. Therefore, the SELLER is not responsible for damages and costs arising from late receipt or non-receipt of the product by the BUYER. The SELLER is responsible for delivering the product subject to the contract in sound, complete condition, and in accordance with the characteristics specified in the order.

6. GENERAL PROVISIONS

6.1. The BUYER accepts, declares, and undertakes that they have read and acknowledged the basic characteristics of the product subject to the contract, sales price, payment method, and delivery preliminary information on the SELLER’s website and have given the necessary confirmation electronically. The BUYER also accepts, declares, and undertakes that by confirming the Preliminary Information electronically, they have correctly and fully obtained the address, basic features of the ordered products, prices including taxes, payment, and delivery information that the SELLER must provide before the establishment of the distance sales contract.

6.2. Each product subject to the contract will be delivered to the BUYER or the person and/or organization at the address designated by the BUYER within the period specified in the preliminary information section of the internet site depending on the distance of the BUYER’s residence, provided that the legal period of 30 days is not exceeded. If the product cannot be delivered within this period, the BUYER reserves the right to terminate the contract.

6.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the contract fully, in accordance with the characteristics specified in the order, and if any, with warranty certificates, user manuals, and necessary information and documents, to perform the work in accordance with the legal legislation, free from any defects, in a sound and standard-compliant manner based on the principles of honesty and integrity, to maintain and improve service quality, to exercise necessary care and diligence during the performance, and to act with caution and foresight.

6.4. The SELLER may procure a different product of equal quality and price by informing the BUYER and obtaining explicit approval before the performance obligation arising from the contract expires.

6.5. If it becomes impossible to fulfill the product or service subject to the order, the SELLER agrees to notify the consumer in writing within 3 days from the date of learning this and to refund the total amount to the BUYER within 30 days.

6.6. The BUYER accepts, declares, and undertakes to confirm this contract electronically for the delivery of the product subject to the contract and that if, for any reason, the payment of the product price is not made or is canceled in bank records, the SELLER’s obligation to deliver the product will cease.

6.7. The BUYER accepts, declares, and undertakes that if the credit card belonging to the BUYER or the person at the address designated by the BUYER is used unlawfully by unauthorized persons after delivery, resulting in non-payment of the product price to the SELLER by the relevant bank or financial institution, the BUYER will return the product to the SELLER within 3 days at the BUYER’s shipping expense.

6.8. The SELLER accepts, declares, and undertakes that if, due to force majeure events beyond the parties’ will and unforeseen beforehand, which prevent or delay the performance of obligations, the product subject to the contract cannot be delivered within the period, the SELLER will inform the BUYER. The BUYER has the right to request cancellation of the order, replacement with an equivalent product if available, and/or postponement of the delivery period until the impediment is removed. If the order is canceled by the BUYER, cash payments will be refunded within 14 days in full and lump sum. Credit card payments will be refunded to the bank within 14 days after cancellation. The BUYER accepts that the refund reflected on the credit card account by the bank may take 2 to 3 weeks on average and that the delay is entirely related to the bank’s process, thus the SELLER cannot be held responsible for any delays.

6.9. The SELLER has the right to contact the BUYER via the address, e-mail, fixed and mobile phone numbers, and other communication information provided by the BUYER during registration or later updated by them, for communication, marketing, notification, and other purposes via letter, e-mail, SMS, phone calls, and other methods. By accepting this contract, the BUYER consents to the SELLER’s above-mentioned communication activities.

6.10. Before accepting delivery of the product/service subject to the contract, the BUYER will inspect the product/service; damaged or defective products/services such as dented, broken, torn packaging, etc. will not be accepted from the cargo company. It will be considered that the product/service delivered is undamaged and intact. The obligation to carefully preserve the product/service after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the product/service must not be used. The invoice must be returned.

6.11. If the credit card holder used during the order is not the same person as the BUYER, or if a security breach related to the credit card used in the order is detected 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, the credit card statement of the previous month, or a document from the credit card holder’s bank confirming that the credit card belongs to them. The order will be frozen until the BUYER supplies the requested information/documents. If these requests are not fulfilled within 24 hours, the SELLER has the right to cancel the order.

6.12. The BUYER declares and undertakes that the personal and other information provided while registering on the SELLER’s website is accurate, and that they will immediately and fully compensate the SELLER for all damages resulting from any false information upon the SELLER’s first notification.

6.13. The BUYER agrees and undertakes to comply with all applicable laws and regulations when using the SELLER’s website and not to violate them. Otherwise, all legal and criminal liabilities arising shall fully and exclusively bind the BUYER.

6.14. The BUYER shall not use the SELLER’s website in any way that disrupts public order, violates general morality, harasses or annoys others, serves illegal purposes, or infringes on the material and moral rights of others. Furthermore, the BUYER shall not engage in activities that prevent or hinder other members from using the services (such as spam, viruses, Trojan horses, etc.).

6.15. The SELLER’s website may contain links to other websites or content that are not under the control of the SELLER and/or are owned and/or operated by third parties. These links are provided solely for the convenience of the BUYER and do not constitute endorsement of any website or person operating such websites, nor do they guarantee the accuracy of the content on the linked websites.

6.16. Any member who violates one or more of the provisions set forth in this agreement shall be personally liable for any criminal and legal consequences resulting from such violation and shall hold the SELLER harmless from all legal and criminal consequences. Additionally, in case the matter is brought before a legal authority, the SELLER reserves the right to claim compensation from the member for breach of the membership agreement.

7. RIGHT OF WITHDRAWAL

7.1. The BUYER may, without any legal or criminal liability and without providing any reason, exercise the right of withdrawal by rejecting the goods within 14 (fourteen) days from the delivery date to themselves or the person/entity at the address specified. In the case of distance contracts related to services, this period starts from the date the contract is signed. Withdrawal rights cannot be exercised for service contracts where the service has begun with the consumer’s consent before the withdrawal period expires. Costs arising from the use of the right of withdrawal are borne by the SELLER. By accepting this agreement, the BUYER acknowledges being informed about the right of withdrawal.

7.2. To exercise the right of withdrawal, the BUYER must notify the SELLER in writing by registered mail with return receipt, fax, or email within 14 (fourteen) days and ensure the product has not been used in accordance with the “Products That Cannot Be Returned” clause in this agreement. In case of exercising this right:
a) The invoice of the product delivered to the third party or BUYER (If the invoice is corporate, the return invoice issued by the institution must be sent together. Returns of corporate orders cannot be completed without a return invoice.)
b) The return form,
c) The product must be delivered back with its box, packaging, and any standard accessories, complete and undamaged,
d) The SELLER is obliged to refund the total amount and any documents binding the BUYER within 30 days after receiving the withdrawal notice,
e) If there is any reduction in the value of the product due to the BUYER’s fault or if the return is rendered impossible, the BUYER is responsible for compensating the SELLER for the damages proportional to their fault. However, the BUYER is not liable for changes or deterioration arising from proper use of the product within the withdrawal period,
f) If the withdrawal reduces the total purchase amount below a promotional campaign threshold, the discounts received under the campaign will be canceled.

8. PRODUCTS EXCLUDED FROM THE RIGHT OF WITHDRAWAL

Unless otherwise agreed by the parties, consumers cannot exercise the right of withdrawal for the following contracts:
a) Contracts concerning goods or services with prices subject to fluctuations in financial markets beyond the seller’s control,
b) Contracts for goods made according to the consumer’s specifications or personal needs,
c) Contracts for the delivery of perishable goods or goods with expiration dates,
ç) Contracts for goods whose protective seals, such as packaging, bands, or seals, are opened after delivery and which cannot be returned for health or hygiene reasons,
d) Contracts for goods mixed inseparably with other goods after delivery,
e) Contracts concerning books, digital content, and computer consumables provided in a material medium once the protective seals are broken,
f) Contracts for the delivery of newspapers, magazines, and similar periodicals except for subscriptions,
g) Contracts relating to services to be provided on a specific date or period such as accommodation, transport, car rental, food and beverage supply, and leisure activities,
ğ) Contracts for services performed immediately upon acceptance by the consumer or intangible goods delivered immediately,
h) Contracts for services where the performance has begun with the consumer’s approval before the withdrawal period expires.

I) Contracts for second-hand products since according to Article 18 of the Consumer Protection Law No. 6502, the right of withdrawal in distance sales contracts applies only to new products.

i) Contracts for works of art without the consent of the artist (Law on Intellectual and Artistic Works No. 5846)

9. DEFAULT AND LEGAL CONSEQUENCES

If the BUYER defaults on payments made by credit card, they acknowledge and agree that they will pay interest and are responsible to the issuing bank according to the credit card agreement. The bank may take legal action and claim related costs and attorney fees from the BUYER. In any case, if the BUYER defaults on payment, they agree to compensate the SELLER for all damages and losses arising from the delay.

10. JURISDICTION

In disputes arising from this agreement, complaints and objections shall be filed with consumer arbitration committees or consumer courts in the buyer’s place of residence or where the transaction took place, within the monetary limits set by law. The monetary limits effective as of 28/05/2014 are:
a) Consumer arbitration committees at the district level for disputes under 2,320 TRY,
b) Consumer arbitration committees at the provincial level for disputes between 2,320 TRY and 3,480 TRY,
c) Consumer courts for disputes exceeding 3,480 TRY.

This agreement is made for commercial purposes.

By making a payment for the order placed through the Site, the BUYER is deemed to have accepted all the terms of this agreement.