Distance Sales Contract

1- SUBJECT

The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the 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 / products specified in the sales fee ordered electronically from the https://www.hitmutfak.com website of the SELLER. BUYER, SELLER’S name, title, open address, telephone and other access information, basic qualities of the goods subject to sale, sales price including taxes, payment method, delivery conditions and costs, etc. All preliminary information about the goods subject to sale and the use of the right of “withdrawal” and how to use this right, official authorities to which they can submit their complaints and objections, etc. It accepts and declares that it has been informed by the SELLER in a clear, understandable and internet environment, confirms this preliminary information electronically and then orders the goods in accordance with the provisions of this contract. The preliminary information on https:// www.hitmutfak.com and the invoice issued / to be issued upon the order placed by the BUYER are integral parts of this contract 2- PRODUCT / PAYMENT / DELIVERY INFORMATION SUBJECT TO THE CONTRACT The type and type, quantity, brand / model, sales price, payment method, person to receive, delivery address, invoice information of the product / products to be purchased / to be purchased electronically is the responsibility of the BUYER, and the fee for the delivery of the purchased product or products by cargo will be borne by the BUYER. The person / institution to be invoiced and the person / institution making the contract must be the same. The BUYER agrees to fully cover the damages arising from situations where this information is not correct or incomplete, and also accepts any liability that may arise from this situation. The SELLER reserves the right to stop the order when it deems necessary, when the information provided by the BUYER does not correspond to reality. In cases where the SELLER detects a problem in the order, if the BUYER cannot reach the BUYER at the telephone, e-mail and postal addresses provided by the BUYER, it freezes the execution of the order for 7 business days. The BUYER is expected to contact the SELLER on the subject during this period. If no response is received from the BUYER within this period, the SELLER cancels the order in order to prevent damage to both parties

3- CONTRACT DATE AND FORCE MAJEURE

The contract date is the date the order is placed by the BUYER. Situations that do not exist or were not foreseen on the date of signing the contract, that develop beyond the control of the parties, that make it impossible for one or both of the parties to fulfill their obligations and responsibilities assumed by the contract partially or completely or to fulfill them on time, will be considered as force majeure (Natural disaster, war, terrorism, insurrection, changing legislative provisions, seizure or strike, lockout, significant failure in production and communication facilities, etc.). The party to whom force majeure occurs shall notify the other party immediately and in writing. During the continuation of force majeure, no liability shall arise due to the failure of the parties to fulfill their obligations. If this force majeure situation continues for 15 days, each party will have the right to terminate unilaterally.

4- RIGHTS AND OBLIGATIONS OF THE SELLER

4.1. SATICI, 4077 sayılı Tüketicilerin Korunması Hakkındaki Kanun ve Mesafeli Sözleşmelere Dair Yönetmelik hükümleri uyarınca sözleşmede kendisine yüklenen edimleri mücbir haller dışında eksiksiz yerine getirmeyi kabul ve taahhüt eder. 4.2. 18 (on sekiz) yaşından küçük kişiler https://www.hitmutfak.com alışveriş yapamaz. SATICI, ALICININ veya ALICININ yetkilisinin sözleşmede belirttiği doğum tarihinin doğru olduğunu esas alacaktır. Ancak ALICININ doğum tarihini yanlış yazmasından dolayı SATICIYA hiçbir şekilde sorumluluk yüklenemeyecektir.

4.3. The SELLER is not responsible for the system and design of the website or for any promotional and price errors that may arise due to illegal interventions to the website. Based on system errors, the BUYER cannot claim any rights from the SELLER. 4.4.https://www.hitmutfak.com can be shopped with credit card (Visa, MasterCard, etc.). The time of processing orders is not the moment the order is placed, but the moment the necessary collection is made from the credit card account. Payment methods such as prepaid shipment or postal check without consulting customer service are not accepted.

5- RIGHTS AND OBLIGATIONS OF THE BUYER:

5.1. ALICI, sözleşmede kendisine yüklenen edimleri mücbir sebepler dışında eksiksiz yerine getirmeyi kabul ve taahhüt eder. 5.2. ALICI, sipariş vermekle birlikte iş sözleşme hükümlerini kabul etmiş sayıldığını ve sözleşmede belirtilen ödeme şekline uygun ödemeyi yapacağını kabul ve taahhüt eder. 5.3. ALICI, https://www.hitmutfak.com internet sitesinden SATICININ isim, unvan, açık adres, telefon ve diğer erişim bilgileri, satışa konu malın temel nitelikleri, vergiler dâhil olmak üzere satış fiyatı, ödeme sekli, teslimat koşulları ve masrafları vs. satışa konu mal ile ilgili tüm ön bilgiler ve “cayma” hakkının kullanılması ve bu hakkın nasıl kullanılacağı, şikâyet ve itirazlarını iletebilecekleri resmi makamlar vs. konusunda açık, anlaşılır ve internet ortamına uygun şekilde bilgi sahibi olduğunu bu ön bilgileri elektronik ortamda teyit ettiğini kabul ve beyan eder. 5.4. Bir önceki maddeye bağlı olarak ALICI, ürün sipariş ve ödeme koşullarının, ürün kullanım talimatlarının, olası durumlara karşı alınan tedbirlerin ve yapılan uyarıların olduğu sipariş/ödeme/kullanım prosedürü bilgilerini okuyup bilgi sahibi olduğunu ve elektronik ortamda gerekli teyidi verdiğini beyan eder. 5.5. ALICI, aldığı ürünü iade etmek istemesi durumunda her ne surette olursa olsun ürüne ve ambalajına zarar vermemeyi, iade anında fatura aslını ve irsaliyesini iade etmeyi kabul ve taahhüt eder. 5.6 ALICI, işbu sözleşmeden doğan hak, mükellefiyet ve borçlarını SATICININ yazılı izni olmaksızın üçüncü kişilere ve kuruluşlara devir ve temlik edemez. 5.7 ALICI, işbu sözleşmeden doğacak ihtilaflarda SATICININ defter, belge ve kayıtlarını HMK 193 anlamında kesin delil olacağını kabul ve taahhüt eder.

6-ORDER AND PAYMENT PROCEDURE:

Order: After the TL amount including VAT (total installment amounts in installment transactions) of the products added to the shopping cart is approved by the BUYER, it is processed through the pos of the relevant bank card. For this reason, an order confirmation e-mail is sent to the BUYER before the orders are shipped. Shipment is not made before the Order Confirmation mail is sent. Products priced in foreign currency are added to the cart by calculating the instantaneous relevant exchange rate via the “Google Finance Application” during adding to the cart. If the purchase of the product is not completed within 30 minutes, the system will automatically update the exchange rate and basket price via the current “Google Finance Application”. Any disruption in the process or problems that may arise with the credit card are notified to the BUYER by using one or more of the phone / e-mail ways specified in the contract. If necessary, the BUYER may be asked to contact his bank. The time of processing the orders is not the moment the order is placed, but the moment the necessary collection is made from the credit card account. Exceptionally, if it is understood that the goods subject to the contract cannot be supplied for a justifiable reason and / or if a stock problem is encountered, if the BUYER is immediately informed and approved in a clear and understandable manner, another good of equal quality and price may be sent to the BUYER or in line with the BUYER’s desire and choice; another new product may be sent, the product may be expected to enter the stocks or the other obstacle to delivery may be expected to disappear and / or the order may be canceled. In cases where it becomes impossible to fulfill the obligation to deliver the goods subject to the contract, the BUYER is informed of this situation and the total amount paid and any documents that put him under debt, if any, are returned to him within 10 days at the latest and the contract is canceled. In such a case, the BUYER shall not claim any additional material and moral damages from the SELLER. The SELLER shall in no way be liable to the BUYER and / or 3rd parties for indirect damages related to the works performed in connection with this contract. Payment: After the delivery of the product, if the bank or financial institution does not pay the product price to the SELLER due to the unfair or illegal use of the credit card of the BUYER by unauthorized persons in a way that is not caused by the BUYER’s fault, the BUYER is obliged to send the product delivered to him to the SELLER within 3 business days. In such cases, transportation expenses belong to the BUYER. If the BUYER has preferred to pay by credit card, the BUYER agrees, declares and undertakes that he/she will confirm the relevant interest rates and default interest from his/her bank, and that the provisions regarding interest and default interest in accordance with the provisions of the legislation in force will be applied within the scope of the “Credit Card Agreement” between the Bank and the BUYER.

7-ORDER AND PAYMENT PROCEDURE

Shipment After the order confirmation e-mail is sent, the product(s) is contacted with the shipping company contracted by the SELLER and the shipping cost is determined. The shipping cost may vary depending on the type, size, weight and number of orders. If different products are purchased by the same BUYER, all products are shipped at one time. The shipping cost is also notified to the BUYER. Shipping is made after written approval. If the BUYER wishes, the BUYER can also have the products delivered by his own cargo company. The purchased products must be received by the BUYER within 3 (three) business days at the latest. Otherwise, 100 (one hundred) TL per product purchased as a daily warehouse fee is invoiced separately to the BUYER. Delivery: If the product / products are approved by the BUYER, they will be delivered to the BUYER’s address with the cargo contracted by the SELLER. Delivery time is 3 (three) business days from the sending of the order confirmation mail and the establishment of the contract. This period can be extended for a maximum of 7 (seven) business days, provided that the BUYER is notified in advance in writing or by a continuous data carrier. The shipping cost may vary depending on the type and size of the product purchased. The products are sent with telephone notification to the regions where the Cargo companies do not deliver to the address. In the regions where the Cargo Company delivers one day a week, in case of inaccuracies and deficiencies in the shipment information, in cases such as some social events and natural disasters, there may be a sag in the specified day period. The BUYER cannot impose any responsibility on the SELLER due to these sags. If the product will be delivered to a person / organization other than the BUYER, the SELLER is not responsible for the extra shipping costs that may arise from the person / organization to be delivered not accepting the delivery, inaccuracy in the dispatch information and / or the BUYER’s absence. If the product / products have not reached the BUYER within the specified days, delivery problems should be reported immediately to the SELLER customer service by using info@hitmutfak.com address. In case of damaged package; Damaged packages should not be received and a report should be made to the Cargo Company official. If the Cargo Company official is of the opinion that the package is not damaged, the BUYER has the right to have the package opened there to check that the products are delivered undamaged and to request that the situation be determined by a report. After the products are received by the BUYER, it is accepted that the Cargo Company has fully fulfilled its duty. If the products are not accepted and a report is kept, the situation should be reported to the SELLER Customer Service as soon as possible with the copy of the report remaining with the BUYER.

8-PRODUCT RETURN AND WITHDRAWAL PROCEDURE

The BUYER has the right to withdraw from the contract within seven days after receiving the goods without any justification and without penalty. In accordance with the 385 numbered tax procedure law general communiqué, in order for the return transactions to be made, the BUYER must fill in the return sections at the bottom of the 2 invoices of the SELLER delivered with the goods completely and correctly, sign and send one copy to the SELLER with the product and keep the other copy in his possession. The right of withdrawal period starts from the day the goods are delivered to the BUYER. The cost of returning the returned product or products is borne by the BUYER. If the BUYER exercises the right of withdrawal, the SELLER shall return the total price received within 7 days at the latest from the receipt of the invoice containing the withdrawal notification together with the product and any documents that put the BUYER under debt, if any, without any expense to the BUYER The decrease in the value of the delivered goods or the existence of a reason that makes it impossible to return does not prevent the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the fault of the BUYER, the SELLER shall compensate the SELLER for the value or decrease in the value of the goods. The general return period is 7 days for each product received by mistake. Within this period, the return of unpacked, used, destroyed, etc. products is not accepted. The return must be made with the original packaging. In cases where any opening, deterioration, breakage, destruction, destruction, tearing, use and other situations are detected in the product and its packaging and if the product cannot be returned in the condition in which it was delivered to the BUYER, the product is not returned and the price is not refunded. For product return, the situation must first be communicated to the SELLER customer service. The information that the product is sent as a return is forwarded to the BUYER by the SELLER. After this meeting, the product must be delivered to the SELLER through the Cargo company that delivers to the BUYER address together with the invoice containing information about the return. If the return product reaching the SELLER meets the conditions specified in this contract, it is accepted as a return, and the refund is made to the BUYER credit card / account. No refund is made without returning the product. The period of reflection of the refunds made to the Credit Card to the credit card accounts is at the disposal of the relevant bank. Therefore, the BUYER cannot hold the SELLER responsible. In case of the return of goods and services purchased with the card, the SELLER cannot pay the BUYER in cash in accordance with the contract with the Bank. In case of a return transaction, the merchant, i.e. the SELLER, will make the return through the relevant software, and since the merchant, i.e. the SELLER, is obliged to pay the relevant amount to the Bank in cash or in cash, the BUYER cannot be paid in cash in accordance with the procedure detailed above. The refund to the credit card will be made by the Bank in accordance with the above procedure after the BUYER pays the price to the Bank at one time.

9-GUARANTEE

The products used in accordance with the instructions for use are guaranteed for 2 years against all kinds of manufacturing defects under the conditions stated below: The warranty responsibility of the SELLER is only valid for consumers within the scope of the law numbered 4077. The provisions of the Turkish Commercial Code shall apply for commercial works.

10-PRIVACY

The information provided by the BUYER to the SELLER for the purpose of making payment with the information specified in this contract will not be shared by the SELLER with third parties. The SELLER will only be able to disclose this information within the framework of the existence of an administrative / legal obligation. Within the scope of any judicial investigation with documented investigative capacity, the SELLER may provide the information requested from it to the relevant authority if it has it. Credit Card information is never stored, Credit Card information is only used for obtaining authorization by securely transmitting it to the relevant banks during the collection process and is deleted from the system after authorization. Information such as e-mail address, postal address and telephone of the BUYER is only used by the SELLER for standard product delivery and information procedures. In some periods, campaign information, information about new products, promotional information may be sent to the BUYER after approval.

11- COMPETENT COURT IN CASE OF DISPUTE

In case of dispute arising from the application of this contract, the Consumer Arbitration Committees and the Consumer Courts in the settlement of the BUYER or the SELLER are authorized until the value announced by the Ministry of Industry and Trade in December each year. In the event that the order is realized, the Buyer is deemed to have accepted all the terms of this contract.