.

DISTANT SALES CONTRACT

1. PARTIES

1.1. HANTHIS:

Title: HANTHIS DANIŞMANLIK VE TEKSTİL TİCARET LİMİTED ŞİRKETİ

Address: MERKEZ MAHALLESİ HASAT SK. OMAY HAN Apt. NO: 4/2 ŞİŞLİ/İSTANBUL

Website: www.hanthis.com

E-mail: [email protected]

Phone No: [*]

Trade Registry No: 238081-5

MERSİS (CRS) No: 0457115849000001

1.2. CONSUMER:

Full Name :

Phone No :

Address :

E-mail :

IP Address:

2. CHARACTERISTICS OF THE CONTRACT

This Distant Sales Contract (“Contract”), regulates the delivery, rights and obligations of the CONSUMER, who orders and/or purchases the below mentioned products (“Products”) provided in https://www.hanthis.com/ (“WEBSITE”) e-commerce website/portal, mobile applications or any other applications or portals used by HANTHIS. After approval of this contract on WEBSITE by CONSUMER, the fees and costs of the Products will be collected as per the payment method that CONSUMER has chosen.

3. ORDER, DELIVERY AND GENERAL PROVISIONS

3.1. HANTHIS shall deliver the Products to CONSUMER within 90 days after the payment has been received completely by HANTHIS.

3.2. HANTHIS has the right to work with a preferred shipping firm. If the HANTHIS’ preferred shipping firm does not have a branch or does not work with a collaborating shipping firm in CONSUMER’s domicile or the given address, HANTHIS has the right to deliver the Products to the nearest branch available. CONSUMER shall be responsible for collecting the Products from the delivery branch.

3.3. The shipping fees will be demonstrated on the WEBSITE and the page where the Products are listed. In case of a defective good, the return shipment costs will be undertaken by HANTHIS. In case of the right of withdrawal, the return shipment costs will be undertaken by the CONSUMER.

3.4. At the time of delivery, if the CONSUMER fails to be ready at the Delivery Address and person/people ready at the address refuses to accept the delivery of the Products, the Delivery shall be presumed as completed and HANTHIS will be relieved of its obligation to deliver the Products. If there is no one ready at the delivery address, the CONSUMER will be responsible for following up the process and receiving the Products. In any case, HANTHIS shall not be held responsible if the designated person/institution’s refusal to accept the Products. In such cases, all costs induced by the CONSUMER’s arrearage or failure to accept the Products, such as return shipment fees, shall be undertaken by the CONSUMER.

3.5. CONSUMER is responsible for controlling the delivered Products. If the CONSUMER detects any defect or any other problem in/on the Products, CONSUMER shall ask the Shipping Firm to prepare an official statement/minute at the delivery address and at the delivery time. In case of a failure to provide such statement/minute, HANTHIS shall not be held responsible for the defects.

3.6. CONSUMER shall make the full payment and the fees shall be received completely by HANTHIS before the Delivery. If the payment is not received by HANTHIS completely at the time of the delivery, HANTHIS has the ex-parte right to terminate this Contract and refrain from the Delivery. If, after the Delivery, the Financial Institution or the Bank which owns the CONSUMER’s credit/debit card refuses to pay or requests a refund from HANTHIS, in any case, CONSUMER shall return the Products within 3 days. If the failure of payment is caused by CONSUMER, the return shipping and other costs shall be completely undertaken by the CONSUMER. HANTHIS has the right to refuse the return of the Products and has all the legal rights to sue/pursue the CONSUMER for its damages and costs.

3.7. In any case of delay of Delivery caused by traffic or God’s Acts; such as flood, earthquake, fire HANTHIS will inform the CONSUMER. In this case CONSUMER has the right to terminate the Contract or change the Products with other alternatives or wait until the Force Majeure ends.

3.8. If HANTHIS discovers that it will fail to deliver the Products, it shall notice the CONSUMER within seven (7) days and with CONSUMER’s verbal/written approval, HANTHIS has the right to Deliver a correlative or similar Products to the CONSUMER. In case of the successful delivery of such alternative Products, HANTHIS shall be deemed as it fulfilled its obligations regarding this Contract. CONSUMER has right to refuse the written/verbal approval for an alternative Products and in this case, the Contract will be terminated.

3.9. In case of rightful returns, withdrawals or cancellations, if the payment has been made and received by HANTHIS, the payment shall be refunded to the CONSUMER within 14 days. All rights related to this rule is reserved. Refund shall be made as per the payment option chosen by CONSUMER. HANTHIS shall not be responsible for the damages, delays and costs induced by Banks or Financial Institutions in any case. HANTHIS has all rights reserved in Contract and Law to deduct, reduce or cut the refunded fee. CONSUMER has all rights reserved in Contract and Law regarding HANTHIS’ failure of Delivery or provide the Products.

3.10. CONSUMER may contact HANTHIS regarding his/her complaints, request and suggestions via the portal on the WEBSITE or e-mail address given above.

3.11. This Contract along with the Pre-Informative Notice will be sent to CONSUMER’s E-mail address. Therefore, CONSUMER has right to save these Contracts and Documents to his/her personal computer and review anytime. This Contract will be saved within HANTHIS systems for a minimum of 3 years.

3.12. CONSUMER hereby acknowledges and accepts that all HANTHIS records shall be deemed as evidence in case of a dispute arises and these records shall be admissible in court.

3.13. While signing up to the WEBSITE, CONSUMER shall provide the current, correct, and complete information requested by HANTHIS such as Full Name, Title, E-Mail Address, Phone Number, Address, Invoice Information in accordance with the law. HANTHIS will not be held responsible for damages, costs and delays caused by CONSUMER’s failure of this obligation.

3.14. The CONSUMER acknowledges that he / she reviewed and has been informed by following all general-special descriptions in the relevant pages-sections of the WEBSITE before the establishment of this Contract:

Title and contact information of HANTHIS and current introductory information,
Tools and methods suitable for the purpose of correcting the wrongly entered information with the sales transaction stages during the purchase of the Products from the WEBSITE,
Electronic contact information of the Chamber of Commerce where HANTHIS is registered to, to obtain information on general rules and code of conduct. (ITO-Istanbul Chamber of Commerce) (Phone: +904440486, www.ito.org.tr)
Privacy, data use-processing and electronic communication rules for the CONSUMER, and the CONSUMER's legal rights, the rights of HANTHIS, and the procedures for the use of the parties,
Shipping restrictions foreseen by HANTHIS for the products,
Payment method instruments accepted by HANTHIS for the Contractual Product (s) and the total price of the Products, including taxes, total price (including the related costs, the total price the CONSUMER will pay to HANTHIS),
Information on the procedures regarding the delivery of the products to the CONSUMER and the costs of transportation-delivery-cargo, - Other payment / collection and delivery information regarding the products and the performance of the Contract, the commitment-responsibilities of the parties in these matters,
Products and other goods and services that the CONSUMER does not have the right to withdraw, (Given in the Preinformation Notice)
In cases where the CONSUMER has the right to withdraw, the CONSUMER will lose his right of withdrawal in the event that the right, with the conditions and method of using this right is not used within the term of the right,
In Products with the right of withdrawal, the CONSUMER's withdrawal request may not be accepted and CONSUMER will be liable to HANTHIS in any case, if the Product is broken or changed due to not being used in accordance with the instructions, usual operation or technical specifications within the withdrawal period. In case it is appropriate for the aforementioned disorder or change, HANTHIS may collect an amount it deems appropriate to the CONSUMER by reimbursement (deduction),
Where CONSUMER has the right to withdraw, how he/she can return the Products to HANTHIS and all relevant financial issues (including return routes, costs and rebates and deductions that can be made for the reward points earned / used by the CONSUMER during the return).
According to its nature, since all the terms of sale included in this Contract and this Contract shall be sent to the CONSUMER by e-mail after it has been approved by the CONSUMER, HANTHIS shall store the documents for three years and maket hem available for Access by the CONSUMER.
In case of disputes, the CONSUMER can make his / her complaints to HANTHIS and his legal applications to District / Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502 and other applicable law, if available.

4. PRODUCTS FOR ORDER

4.1. The type and variety, quantity, brand/model/color/unit price and sale price, Payment Information, Delivery Information is written below, as designated by CONSUMER.

4.2. If the HANTHIS’ preferred shipping firm does not have a branch or does not work with a collaborating shipping firm in CONSUMER’s domicile, HANTHIS has the right to deliver the Products to the nearest branch available. CONSUMER shall be responsible for collecting the Products from the delivery branch. (CONSUMER shall be informed regarding this matter via SMS, E-mail or Phone).

4.3. All other conditions regarding the Delivery is regulated in the Article 3 of this Contract.

PRODUCTS	UNIT PRICE (€)	QTY.	TOTAL (€)
Name of the product or service, Color, Size, etc.	____ €	_	___ €
Discount/promotion total			___ €
Processing and shipping fees			___ €
ORDER PAYMENT TOTAL (VAT Included)			_____ €

Payment Information

Payment Instrument

(Credit Card / Debit Card)

Card Type: Visa/Mastercard-Maestro/American Express
Card No: [---]
Single Payment/Credit Card Installments
TOTAL: [----] € (Only [----] Euros [---] Eurocents)

Delivery Information :
Title and Full Name
Address:
Phone:
E-Mail:
Invoice Information:
Full Name:
Address:
Phone Number:
E-Mail:

5. THE RIGHT OF WITHDRAWAL AND CONDITIONS OF CANCELLATION AND RETURNS

5.1. CONSUMER has the right to withdraw from the Contract, within 14 days, without giving any reason. The products to be returned must be delivered complete and undamaged with the box, packaging, and standard accessories. When the withdrawal notification reaches to HANTHIS, the price paid will be returned to the CONSUMER within 14 days.

5.2. CONSUMER hereby accepts and acknowledges that the withdrawal period will expire after 14 days from the day of the Delivery of the Products.

5.3. If CONSUMER exercises his / her right of withdrawal, HANTHIS shall reimburse all payments received from CONSUMER, except the costs of delivery the refund payment shall be made to the same payment instrument the CONSUMER has chosen.

5.4. In case CONSUMER fails to return the Products within the contractual term of the right of withdrawal, CONSUMER will be fully charged for all the costs, fees, prices, and damages. No refund shall be made in this case to the CONSUMER by HANTHIS.

5.5. In cases where it is possible to use the right of withdrawal, the CONSUMER is responsible for the changes and deteriorations that occur if the consumer does not use the Products in accordance with the operation, technical specifications and instructions of use within the withdrawal period. Accordingly, the CONSUMER may lose his right to withdraw if there is a change or deterioration due to the fact that the Product is not used in accordance with the instructions, technical specifications and operation of the Product until the date of withdrawal; where accepted by HANTHIS, a reduction will be made from the price of the Product to be returned, up to change / deterioration.

5.6. In cases where the right of withdrawal is entitled, it is sufficient that the CONSUMER has directed a clear notification that he / she has exercised his right of withdrawal (sent in writing to the above mentioned contact addresses or portals) within the legal 14-day period. If the right in question is used within the term, it is obligatory to send the Product to the above address of HANTHIS within maximum ten (10) days at the expense of the CONSUMER. If the contracted shipping company is specified for returns on the INTERNET SITE, the CONSUMER can send the Product from a branch in or outside the District where it is located, in this case, the shipping cost will be collected from the CONSUMER within the scope of the return request. In this return process, the product must be delivered complete and undamaged with its box, packaging, and standard accessories, if any.

6. DISCLAIMER AND NON-LIABILITY

6.1. HANTHIS reserves the right to make changes and / or cancel, delete, and close all the mentioned matters at any time without any obligation to give information to CONSUMER on the prices and product, color, material types, ready-made designs and promotions and campaigns on the Website. The CONSUMER accepts and declares in advance that he will not claim compensation from HANTHIS for any direct and / or indirect damages to be incurred due to these changes or cancellations.

6.2. CONSUMER accepts and declares that the colors of the products he / she sees on computer, phone or tablet screens when creating an order may not be the same with the colors that appear on the delivered product.

6.3. CONSUMER acknowledges that some products may not be suitable for different weather conditions, will not be exposed to sun or moisture, some products must be kept in appropriate storage conditions and washed under suitable conditions.

6.4. Regarding the subject of this Contract, the CONSUMER accepts and undertakes that the he/she will not claim any damages, including any positive and / or negative losses and loss of profit, in case of incomplete or defective performance by HANTHIS. Within this context, the financial responsibility of HANTHIS that may arise from this Contract is limited with the Total Price of the Order.

6.5. HANTHIS does not accept any responsibility in breach of contract, wrongful act, negligence or other reasons, interruption of the transaction, error, negligence, interruption, deletion, loss, delay of transaction or communication, computer virus, communication error, theft, destruction or unauthorized entry, modification or use.

7. FORCE MAJEURE & GOD’S ACTS

7.1. Situations that do not exist on the date of conclusion of the Contract and developed beyond the control of HANTHIS, which, when it occurs, make it impossible for HANTHIS to fulfill its obligations and obligations under the Contract partially or completely, or to fulfill them on time, such as any kind of natural disaster, war, terrorism, uprising, changes in legislation, seizures, strikes, lockouts, significant malfunctions in production and communication facilities, widespread and / or continuous electricity and / or internet outages, pandemic etc. shall be deemed as Force Majeure.

7.2. In cases of Force Majeure, HANTHIS may refrain from fulfilling the obligations arose from this CONTRACT unilaterally, without any compensation, by only refunding the price paid.

7.3. If the force majeure lasts more than 120 (one hundred and twenty) days, the CONSUMER may terminate this Contract and request a refund of the price paid.

8. STAMP DUTY

This Contract is not subject to stamp duty pursuant to Article 6/4 of the Stamp Tax Law General Communiqué (Serial No: 60) published in the Official Gazette dated 29.09.2016 and numbered 29842.

9. DISPUTE RESOLUTION AND APPLIED LAW

9.1. CONSUMER accepts, declares and undertakes irrevocable recourse that in all disputes arising / may arise between the parties, HANTHIS's commercial books, records and documents, computer, fax records, microfilms, e-mail correspondences will be final evidence in accordance with the Article 193 of Turkish Civil Procedure Law No. 6100, and any other applicable law.

9.2. This Contract has been issued and approved electronically between the Parties before the CONSUMER makes the payment. In this context, this Contract supersedes the any written or verbal contract or agreement between the Parties and is in the form of an electronic document pursuant to the Turkish Civil Procedure Law No. 6100 and any other applicable law.

9.3. In case of a dispute, the consumer can apply to all alternative dispute resolution methods such as arbitration and mediation. Alternative dispute resolution ways are known to be faster, more economical, and effective. Applying these remedies does not remove the right to seek legal remedies. Turkish Law shall be applied when interpreting this Contract. Any legal actions and procedures shall be pursued in Istanbul (Caglayan) Courts and Execution Offices.