Distance Sales Agreement

1.1. SELLER:

Title: Kastra Mobilya ve Dekorasyon Sanayi Ticaret Limited Şirketi

Address: Masko Mobilyacılar Sitesi 1A Blok No:27 - Başakşehir / İSTANBUL

Tax Office: İkitelli / Tax ID: 5270489268

Phone: +90 212 675 15 85

E-Mail: [email protected]

MERSIS Number: 4274268572754924

1.2. BUYER:

Name Surname/Title: [This information will change according to your order]

Address: [This information will change according to your order]

Phone: [This information will change according to your order]

E-Mail: [This information will change according to your order]

ARTICLE 2 - SUBJECT

This Distance Sales Agreement ("Agreement") has been drawn up in accordance with the Law on the Protection of the Consumer and the Regulation on Distance Contracts. The parties to this Agreement acknowledge and declare that they know and understand their obligations and responsibilities arising from the Law on the Protection of the Consumer and the Regulation on Distance Contracts under this Agreement. The subject of this agreement consists of the determination of the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the goods/services with the qualifications specified in the agreement, which the Buyer has ordered electronically via kastra.com.tr or other domain names related to the service provided by Kastra Mobilya ve Dekorasyon Sanayi Ticaret Limited Şirketi ("Website").

ARTICLE 3 - PRODUCT/PRODUCTS SUBJECT TO THE AGREEMENT

3.1. The type, kind, quantity, brand/model, color, and sales price including taxes (as quantity x unit price) of the products are as stated in the product content.

The products will change according to your order

3.2. Payment method: [This information will change according to your order]

3.3. On the other hand, since term sales are made only with credit cards belonging to banks, the BUYER accepts, declares, and undertakes that they will confirm the relevant interest rates and information regarding default interest from their bank separately, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the bank and the buyer in accordance with the provisions of the current legislation.

3.4. The agreement enters into force upon being approved by the Buyer and is performed upon the delivery of the Good/Service purchased by the Buyer from the Seller to the Buyer. The good/service will be delivered to the person/persons at the address specified by the Buyer in the order form and this agreement.

Delivery Address: [This information will change according to your order]

Person to be Delivered: [This information will change according to your order]

Billing Address: [This information will change according to your order]

The delivery costs of the Good/Service belong to the Buyer. If the Seller has declared on the website that the delivery fee will be covered by them, the delivery costs will belong to the Seller. The delivery of the goods is made within the promised time after the Seller's stock is available and the payment is realized. The Seller delivers the Good/Service within 30 (thirty) days from the order of the Good/Service by the Buyer and reserves the right to extend the period for an additional 10 (ten) days with written notification. If for any reason the Good/Service price is not paid by the Buyer or the payment is canceled in bank records, the Seller is considered released from the obligation to deliver the Good/Service.

The delivery will be made by hand at the above-mentioned address of the BUYER via a cargo company. Even if the BUYER is not at the address at the time of delivery, the SELLER will be considered to have fulfilled its performance fully and completely. For this reason, all damages arising from the late receipt of the product by the BUYER and the expenses incurred due to the product waiting at the cargo company and/or the return of the cargo to the SELLER also belong to the BUYER.

ARTICLE 4 - DECLARATIONS AND COMMITMENTS OF THE BUYER

4.1. The Buyer declares that they have read the preliminary information loaded by the Seller regarding the basic characteristics, sales price, and payment method of the product subject to the agreement on the Website, and has given the necessary confirmation in the electronic environment. As a consumer, Buyers can submit their requests and complaints through the channels provided by the Seller contact information above.

4.2. By confirming this Agreement and the Preliminary Information Form electronically, the Buyer confirms that they have correctly and completely obtained the address, basic features of the ordered products, price including taxes, payment and delivery information that must be given to the consumer by the Seller before the conclusion of distance contracts.

4.3. The responsibility for accepting the Good/Service, which is damaged, broken, or has a torn package, etc., from the cargo company, lies entirely with the Buyer if they receive the product without inspecting it before taking delivery of the Good/Service subject to the Agreement. The Good/Service received by the Buyer from the cargo company officer will be deemed to be undamaged and intact. After delivery, the responsibility and damages of the Good/Service belong to the Buyer. If the relevant bank or financial institution does not pay the good/service price to the Seller due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons after the delivery of the Good/Service, not due to the Buyer's fault, the Buyer is obliged to return the Good/Service to the Seller within 3 (three) days, provided that it has been delivered to them. In this case, delivery expenses belong to the Buyer.

4.4. The Buyer must enter their information completely and without errors. Entering a phone number and tax number / T.R. identity number is mandatory for delivery.

4.5. The prices of upholstered products on the website may vary according to the type and quality of the fabric the product is covered with.

4.6. The BUYER declares and undertakes in advance that the personal and other information provided while becoming a member of the Website is accurate before the law, and that they will fully and immediately indemnify all damages that the SELLER may incur due to the inaccuracy of this information.

4.7. The BUYER cannot give or share the password given to them by the SELLER with other persons or organizations; the right to use the password in question belongs to the BUYER personally. In case the BUYER's password is seized or someone else performs transactions with the same password, the BUYER is obliged to make the payments resulting from the transaction in question to the SELLER completely and on time. For this reason, against all responsibility that may arise and all claims and demands that may be asserted against the SELLER by third parties or authorized authorities, the SELLER's right to claim all kinds of compensation and other demands arising from such unauthorized use is reserved. The SELLER may make the BUYER's password permanently or temporarily unusable for security or any other reason.

4.8. The BUYER accepts and undertakes in advance to comply with the provisions of the legal legislation while using the Website and not to violate them. Otherwise, all legal and penal liabilities that may arise will bind the BUYER completely and exclusively.

4.9. The BUYER cannot use the Website in any way that disrupts public order, is contrary to general morality, disturbs or harasses others, for an illegal purpose, or infringes on the intellectual and copyright rights of others. In addition, the BUYER cannot engage in activities (Spam, Virus, Trojan Horse, etc.) and transactions that prevent or make it difficult for others to use the services.

4.10. The ideas and thoughts declared, written, and used by the BUYERs on the Website are entirely the personal views of the BUYERs and bind the owner of the view. These views and thoughts have no connection or link with the SELLER. The SELLER has no responsibility for the damages that third parties may suffer due to the ideas and views declared by the BUYER, and for the damages that the BUYER may suffer due to the ideas and views declared by third parties.

4.11. The BUYER has agreed not to access or use the software and data of other internet users without authorization. Otherwise, the legal and criminal liabilities arising from this belong entirely to the BUYER who uses the software and data without authorization.

4.12. The SELLER may disclose the BUYER's personal information when requested as a legal obligation or (a) in good faith that it is necessary to comply with legal requirements or to comply with legal proceedings served on the SELLER; (b) to protect and defend the rights and property of the SELLER and the SELLER Website family.

4.13. Measures have been taken within existing capabilities to ensure that the SELLER Website is free from viruses and similar software. In addition, for final security, the user must provide their own virus protection system and provide the necessary protection. In this context, by entering the SELLER Website, the BUYER is deemed to have accepted that they are responsible for all errors that may occur in their own software and operating systems and the direct or indirect consequences thereof.

4.14. The SELLER reserves the right to change the content of the site at any time, to change or terminate any service provided to users, or to delete user information and data registered on the SELLER Website.

4.15. The parties accept and declare that all computer records of the SELLER will be taken as the sole and true exclusive evidence in accordance with Article 193 of the HMK (Code of Civil Procedure), and that these records constitute an evidentiary agreement.

ARTICLE 5 - DECLARATIONS AND COMMITMENTS OF THE SELLER

5.1. The Seller is responsible for the delivery of the Good/Service subject to the Agreement to the Buyer in a sound, complete manner, in accordance with the qualifications specified in the order, and with warranty certificates and user manuals, if any, in accordance with Consumer Legislation. If the Seller cannot deliver the product subject to the agreement within the time limit due to force majeure or extraordinary circumstances that prevent transportation, it is obliged to notify the Buyer as soon as possible. If the Good/Service subject to the agreement is to be delivered to a person other than the Buyer, the Seller cannot be held responsible if the person to be delivered does not accept the delivery.

5.2. Stock status regarding products on sale is updated from SELLER stocks. Despite updates in Seller stocks, the shipping time of products that have been exhausted due to unavoidable reasons may be extended. In this case, the customer is informed via phone or e-mail. According to the customer's request, the order can be changed, shipping can be waited for, or the order can be canceled. In case of cancellation of the order, if the payment was made by credit card, it is refunded to the credit card, and if it was made by bank transfer, it is transferred back to a bank account specified by the customer.

5.3. The SELLER determines all product prices sold on the website in accordance with the rules of the free economy. Label Price, Sales Price, and Discounted Price are included in this. No one, including the product manufacturer, importer, or distributor, has the authority to force a change in the price. Typographical errors are the exception.

5.4. As soon as the BUYER places an order, the information entered for the order is checked. For this reason, before the BUYER's order is shipped, the e-mail stating that the order has been approved must first be sent to the BUYER.

5.5. Orders placed after 15:30 on Fridays are processed on Monday. Orders coinciding with public holidays and vacation days are processed on the first following business day.

5.6. Transportation and delivery fees vary according to the content of the orders, the type of delivery selected, and the province where the delivery will be made. Shipping fee information can be seen in detail on the payment screens where the shopping takes place.

5.7. Deliveries are made only by the cargo companies determined by the SELLER or through its own distribution network by checking identity. Delivery cannot be requested with a different cargo company. While receiving the ordered Package, it must be checked, and damaged or faulty packages should not be accepted. As soon as the package is received, the BUYER's Order will be deemed to have been delivered by the cargo official as complete and intact.

5.8. The SELLER does not make international deliveries.

5.9. The SELLER is free to choose the product types to be sold through the virtual store in line with its own decisions. The BUYER has no right to object to this issue.

5.10. After the order is received, it is prepared by the SELLER within the time limit and delivered to the cargo. If the product subject to the order delivered to the cargo is not delivered within the time limit, the delay in question originates from the cargo company, and the SELLER cannot be held responsible for the delay in question. In case of a delay in order delivery, the BUYER is obliged to notify the SELLER immediately.

5.11. The BUYER will be able to track their shipped order via the Internet using the Cargo Tracking Number sent to them in the Order Confirmation.

ARTICLE 6 - RIGHT OF WITHDRAWAL

The BUYER has the right of withdrawal by refusing the goods without giving any reason and without paying any penalty within 14 days from the delivery of the product subject to the agreement to themselves or to the person/organization at the address indicated. The right of withdrawal period starts on the day the contract is established in contracts regarding the provision of services; in contracts regarding the delivery of goods, it starts on the day the consumer or the third party determined by the consumer receives the goods. To exercise the right of withdrawal, notification must be made to the SELLER by fax, e-mail, or telephone within this period, and it is a condition that the box/package content of the product is not diminished and the product is in a resalable condition. If this right is exercised, it is mandatory to return the original invoice along with the copy of the cargo delivery receipt regarding that the product delivered to the 3rd party or the BUYER has been sent to the SELLER. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded. Within 14 days from the date the consumer's withdrawal notification reaches the seller, the product price is refunded to the BUYER. The cargo fee, EFT deduction, and other expenses of the product returned due to the right of withdrawal are covered by the SELLER.

We undertake to take back the goods from the date the withdrawal notification reaches the seller or provider, and that the consumer has the right to withdraw from the contract by refusing the goods or services within fourteen days from the date the goods are received or the contract is signed, without assuming any legal or criminal liability and without giving any justification.

ARTICLE 7 - RETURN PROCEDURE

7.1. Credit Card Refund Procedure: In cases where the BUYER exercises their right of withdrawal or in cases where the product subject to the order cannot be supplied for various reasons, or in cases where the consumer is decided to be refunded by the decisions of the arbitration committee, if the purchase was made by credit card and in installments, the credit card refund procedure is stated below:

The bank makes the repayment to the customer in installments, regardless of how many installments the BUYER bought the product with. After the SELLER pays the entire product price to the bank at once, in case of refund of installment expenditures made from bank POS machines to the BUYER's credit card, the requested refund amounts are transferred to the accounts of the bearer parties by the bank in installments again, so that the involved parties do not become victims. The installment amounts paid by the BUYER until the cancellation of the sale, if the refund date and the statement closing dates of the card do not coincide, will reflect 1 refund to the card each month, and the customer will receive the installments they paid before the refund for as many months as the number of installments they paid before the refund after the sale installments end, and they will be deducted from their existing debts.

In case of return of goods and services purchased with a card, the SELLER cannot make payment in cash to the customer as per the agreement made with the bank. The BUYER business, i.e., the SELLER, will make the refund through the relevant software when a return transaction is in question, and since the BUYER business, i.e., the SELLER, is obliged to pay the relevant amount to the bank in cash or by set-off, payment cannot be made to the customer in cash according to the procedure we described above. The refund to the credit card will be made by the bank in accordance with the above procedure after the SELLER pays the amount to the bank in one go. The BUYER accepts and undertakes that they have read and accepted this procedure.

7.2. Return Procedure in Bank Transfer/EFT payment options: In Bank Transfer/EFT payment options, the refund will be made in the form of a bank transfer/EFT to the account specified by the consumer (provided that the account is in the name of the person at the billing address or in the name of the user BUYER) by requesting bank account information from the consumer.

ARTICLE 8 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

Unless otherwise agreed by the parties, the consumer cannot use the right of withdrawal in the following contracts:

a) Contracts regarding goods or services whose price changes depending on fluctuations in financial markets and which are not under the control of the seller or provider.

b) Contracts regarding goods prepared in line with the wishes or personal needs of the consumer.

c) Contracts regarding the delivery of goods that can spoil quickly or whose expiration date may pass.

ç) Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; and 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 by their nature.

e) Contracts regarding books, digital content, and computer consumables offered in the material environment if their protective elements such as packaging, tape, seal, package have been opened after delivery of the goods.

f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription contract.

g) Contracts regarding accommodation, transportation of goods, car rental, food and beverage supply, and the use of leisure time for entertainment or rest, which must be performed on a specific date or period.

ğ) Contracts regarding services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer.

h) Contracts regarding services whose performance has begun with the approval of the consumer before the expiry of the right of withdrawal period.

Products sold within the scope of a campaign are under no circumstances accepted for return.

ARTICLE 9: LIABILITY FOR DEFECTS

Defective Goods: Goods that do not conform to the specifications contained in their packaging, labels, promotional and user manuals, advertisements, or announcements, or as declared by the seller, or as identified in their standards or technical regulations; or goods that contain material, legal, or economic deficiencies that reduce or eliminate their value in terms of their intended purpose or the benefits expected by the consumer, are considered defective goods.

The consumer is obliged to notify the seller of the defect within thirty days from the date of delivery of the goods. In such a case, the consumer has the right to rescind the contract, including a refund, request a replacement of the goods with non-defective ones, demand a price reduction proportional to the defect, or request free repairs. The seller is obliged to fulfill this request chosen by the consumer. In addition to one of these optional rights, the consumer also has the right to claim compensation from the manufacturer-producer in cases where the defective good causes death and/or injury, and/or damages other goods in use.

Unless those held responsible for the defect under this article have undertaken a longer period of liability, the liability for defective goods is subject to a two-year statute of limitations from the date of delivery of the goods to the consumer, even if the defect appears later.

Except for provisions regarding liability for damages caused by defective goods, the above provisions do not apply to goods purchased with the knowledge that they are defective.

It is mandatory to place a label on the defective goods to be offered for sale or on their packaging containing the expression "defective" in a way that the consumer can easily read. This labeling obligation does not apply to places where only defective goods are sold or where a section, such as a floor or department, is permanently allocated for the sale of defective goods in a way that the consumer is aware of. The fact that the good is defective is shown on the invoice, receipt, or sales document given to the consumer.

Unsafe goods cannot be offered to the market even with a "defective" label. The provisions of Law No. 4703 on the Preparation and Implementation of Technical Legislation regarding Products apply to these products.

These provisions also apply to every type of consumer transaction related to the sale of goods.

Warranty Certificate: Manufacturers or importers are required to issue a warranty certificate approved by the Ministry for the industrial goods they import or produce. The responsibility for completing the warranty certificate, which contains the date and number of the invoice related to the good, and delivering it to the consumer belongs to the seller, dealer, or agency. The warranty period begins from the date of delivery of the good and is at least two years. However, the warranty conditions for some goods due to their nature may be determined by the Ministry using a different unit of measurement.

The seller is obliged to repair the goods covered by the warranty certificate within the warranty period without demanding any fee under any name, such as labor costs, the cost of replaced parts, or any other title, if the good malfunctions.

If the consumer has exercised the right to repair, they may exercise their optional rights in cases where the good cannot be utilized due to frequent malfunctions within the warranty period, or the maximum time required for repair is exceeded, or it is understood that the repair is not possible. The seller cannot refuse this request. In the event that this request of the consumer is not fulfilled, the seller, dealer, agency, manufacturer-producer, and importer are jointly and severally liable.

Malfunctions resulting from the consumer's use of the good contrary to the points in the user manual are outside the scope of the provisions of the second and third paragraphs.

The Ministry is tasked with determining and announcing, by taking the opinion of the Turkish Standards Institution, which industrial goods must be sold with a warranty certificate and the maximum periods required for the repair of malfunctions of these goods.

Warranty and Repair Period: The warranty period starts from the date of delivery of the good to the consumer and is at least two years and/or the value determined by the unit of measurement in the attached list.

If the warranty period is determined by another unit of measurement, there must be a mechanism on the good for determining this unit of measurement, or its structure must be suitable for determining this value. Otherwise, it is accepted that the warranty period is 2 years.

In case the good malfunctions, the time spent in repair is added to the warranty period.

The repair period of the good cannot exceed the maximum repair period announced in the regulation. This period starts from the date of notification of the malfunction related to the good to the service station, or if there is no service station, to one of the seller, dealer, agency, representative, importer, or manufacturer-producer of the good. It is possible for the consumer to make the malfunction notification via telephone, fax, e-mail, registered mail, or a similar method. However, in case of a dispute, the burden of proof belongs to the consumer.

ARTICLE 10 - DEFAULT PROVISIONS

In the event that the parties do not fulfill their obligations arising from this contract, the Default provisions contained in Articles 106-108 of the Code of Obligations shall apply. In cases of default, if any party does not fulfill its obligations within the time without a valid reason, the other party shall give the party who has not fulfilled its obligation a period of 7 days for the fulfillment of the said obligation. If it is not fulfilled within this period, the party who has not fulfilled its obligation shall be deemed in default, and the creditor party may request the performance of the debt and delay compensation due to the non-performance of the debt, or may notify the other party that it waives these rights and request the compensation of damages arising from the non-performance of the debt, or may rescind the contract. In case of rescission of the contract, the parties are mutually released from the obligation of performance and may request the return of the performances they have previously performed. In this case, unless the debtor proves that they are not at fault, they are liable to compensate the damages suffered by the creditor due to the invalidity of the contract. The interest rate to be applied in case of default is the overnight borrowing interest rate of the Central Bank of the Republic of Turkey (TCMB) in effect on the date the debt arises.

If the seller cannot deliver the product subject to the contract within the time due to force majeure or extraordinary events such as weather conditions that prevent transport, interruption of transport, fire, earthquake, flood, which may prevent the seller from fulfilling this obligation, the Buyer may use one of the rights to have the order cancelled or to postpone the delivery time until the blocking situation is eliminated, acknowledging that the Seller has no responsibility in such cases. In case the BUYER cancels the order, the amount paid is refunded to them within 14 days. (In installments made by credit card, the above procedure is accepted by the BUYER for the refund to the credit card.)

ARTICLE 11 - AUTHORIZED COURT

Consumers, if they have problems with the Seller, in case the Seller cannot resolve the problem, can submit their complaints and objections regarding transactions with a product value up to 66,000.00 TL to the Consumer Problems Arbitration Committee in the place where they purchased the product or where they reside; and for complaints and objections regarding transactions with a product value above 66,000.00 TL, to the Consumer Court in the place where they purchased the product or where they reside.

In accordance with the Communiqué on the increase of monetary limits contained in Article 68 of the Law No. 6502 on the Protection of the Consumer and Article 6 of the Regulation on Consumer Arbitration Committees, the lower monetary limit regarding the duty and authority of provincial arbitration committees operating in provinces with metropolitan status to hear disputes is 66,000.00 TL.

ARTICLE 12 - EFFECTIVENESS

This Contract, consisting of 12 (twelve) articles, has been concluded by the Parties upon being read and approved by the Buyer in the electronic environment and has entered into force immediately.

SELLER : Kastra Mobilya ve Dekorasyon San. Tic. Ltd. Şti.

BUYER : [This information will vary according to your order]