Distance Sales Agreement

ARTICLE 1 - THE PARTIES

1.1 SELLER
Company Name: SOHO PERAKENDE YATIRIM VE TICARET ANONIM SIRKETI
MERSIS: 0772164808700001
TAX IDENTIFICATION NUMBER: 7721648087
Registered Address: ESENTEPE MAH. BÜYÜKDERE CAD. TEKFEN NO: 209 İÇ KAPI NO: 16 ŞİŞLİ/ İSTANBUL
Phone Number: (+90) 0850 450 3100
Website: aloyoga.tr
Email address: support@aloyoga.tr

1.2 BUYER
Name and Surname:
Address:
Telephone:
Email address:

ARTICLE 2 - SUBJECT

The subject matter of this Distance Sales Agreement, established through the use of means of distance communication (hereinafter referred to as the “Agreement”), the products, the nature, quantity, sale price, payment method and plan, and delivery conditions of which were previously specified in the Preliminary Information Notice provided to the BUYER via the www.aloyoga.tr website, together with the purchase and sale of these products, their delivery, and the BUYER’s payment obligation, constitute the rights and obligations of the Parties.

ARTICLE 3 – SUBJECT MATTER OF THE AGREEMENT

The type, category, quantity, brand, model, colour, sale price, taxes and delivery details of the products are as set out below.

ARTICLE 4 – GENERAL PROVISIONS

The BUYER hereby acknowledges, declares and undertakes that they have expressed their intention to purchase the products specified in this Agreement and that they are aware they are obliged to pay the price of the products covered by the Agreement in the manner specified in this clause.

The SELLER undertakes to deliver the specified product(s) to the specified address and to the specified person within the timeframe stated in the preliminary information notice, from the moment the order is received.

ARTICLE 5 – MATTERS FOR WHICH THE BUYER HAS BEEN PRE-INFORMED

The BUYER acknowledges and declares that, prior to electronically accepting this Agreement, completing the order and assuming the payment obligation, they have been informed by the SELLER via the Preliminary Information Notice available on the website regarding the matters set out below, that they have read the form and electronically accepted it.

Relevant matters:

• The SELLER’s name, address and contact details,
  
• the essential characteristics of the product(s) subject to the Agreement,
  
• the total sales price of the product(s) including taxes, any delivery/shipping costs and other additional charges,
  
• payment, delivery, performance and invoicing details,
  
• any restrictions regarding delivery or dispatch,
  
• where a right of withdrawal applies, the conditions, duration and procedure for exercising such right,
  
• cases in which the right of withdrawal cannot be exercised,
  
• the method of returning the product(s) if the right of withdrawal is exercised, return costs and information regarding the refund of the purchase price,
  
• the communication channels through which the BUYER may submit requests, complaints and objections to the SELLER, and
  
• the legal remedies available to the BUYER in the event of a dispute.
  

ARTICLE 6 – RIGHTS AND OBLIGATIONS OF THE PARTIES

The BUYER may unilaterally terminate this Agreement within thirty (30) working days from the date the Order is received by the SELLER, provided that all obligations under this Agreement have been fulfilled, should the Products subject to this Agreement not have been delivered to the specified person at the specified address.
Delivery shall be made by courier to the BUYER at the address specified above, or to the designated alternative person, via the agreed courier company. Should it be necessary to resend the product due to reasons attributable to the BUYER, reasonable shipping costs associated with the reshipment may be charged to the BUYER to the extent permitted by law. The SELLER shall not be liable for the failure to deliver these products within the specified timeframe. 
The person placing the order, the person to whom the delivery is to be made, and the invoice recipient may be the same person or different person. If these people are different, the person placing the order is responsible for the accuracy of the information provided and approved within the scope of the order. The person placing the order acknowledges and declares that the information provided within the scope of the order is correct, up-to-date and complete.
The SELLER shall not be liable for any failure to deliver the goods due to the information provided in the order being incorrect, incomplete, or out of date, or due to the inability to contact the BUYER or the recipient based on such information.
If, upon delivery, it is found that the parcel is damaged or that the invoice is not attached to the parcel, you must not accept the parcel and must have the courier draw up a damage/inspection report, and notify the SELLER in writing. If products with damaged packaging are accepted, the BUYER shall be liable for any damage to or shortage of the products inside.  
The BUYER has the right to withdraw from this Agreement without giving any reason and without paying any penalty within thirty (30) days from the date the products subject to this Agreement are delivered to them or to the specified persons. The BUYER also has the right to exercise this right of withdrawal before accepting delivery of the products. The BUYER shall be deemed to have exercised the right of withdrawal by submitting a notice of withdrawal to the SELLER via email or in writing within fourteen days, using the Withdrawal Notice Form available at www.aloyoga.tr.
The BUYER shall return the product to the SELLER within ten (10) days of the date on which the notice of withdrawal is sent. In the event of withdrawal, if the courier company specified in the Preliminary Information Notice is not used, the return costs shall be borne by the BUYER. The burden of proof regarding the exercise of the right of withdrawal lies with the BUYER. The SELLER shall refund all amounts collected within fourteen (14) days from the date the notice of the BUYER’s exercise of the right of withdrawal is received, in a manner consistent with the payment method used by the BUYER to pay for the product, and without imposing any costs or obligations on the BUYER, in a single payment.
The BUYER shall fulfil the obligation to pay the product price to the SELLER via the payment method of the BUYER’s choice upon the electronic approval of this Agreement for the delivery of the product subject to the Agreement. Otherwise (if the product price is not paid or is cancelled in the bank records), the SELLER’s obligation to deliver the product shall cease. 
The SELLER is obliged to deliver the product(s) subject to this Agreement to the BUYER in a sound, complete condition and in accordance with the specifications stated in the order. Details regarding the delivery terms are set out in the preliminary information notice. 
In the event that it becomes impossible to supply the product(s) covered by this Agreement to the BUYER, the SELLER shall notify the BUYER within three (3) working days of becoming aware of this situation and shall refund all payments received to the BUYER within fourteen (14) days of the date of notification at the latest. Should the relevant bank or financial institution fail to pay the product price to the SELLER due to the unauthorised, unjustified or unlawful use of the BUYER’s credit card by unauthorised persons, for reasons not attributable to the BUYER’s fault, the BUYER shall return the product to the SELLER within three (3) days, provided that the product has been delivered to the BUYER. The SELLER shall retain all information and documentation relating to each transaction concerning the right of withdrawal, information provision, delivery and other obligations for a period of ten (10) years. Furthermore, electronic records relating to e-commerce transactions shall be retained for a period of ten (10) years and, upon request, these records shall be submitted to the Trade Ministry.
Following the transfer of the refund amount by the SELLER to the relevant bank or payment institution, the time taken for the amount to appear in the BUYER’s account or on their credit card depends on the processing procedures of the bank or payment institution. The SELLER shall not be liable for any delays arising from the bank or payment institution during this process.
In the event that the product is defective, the BUYER’s discretionary rights under the Consumer Protection Law No. 6502 and relevant legislation remain reserved. In this context, provided the conditions stipulated in the legislation are met, the BUYER may exercise one of the following rights: to return the product and withdraw from the contract, to request replacement with a defect-free product of the same kind, to request a price reduction proportional to the defect, or to request free repair. The SELLER shall assess and fulfil the discretionary right chosen by the BUYER in accordance with the provisions of the relevant legislation. Should the option chosen by the BUYER be objectively impossible under the law, give rise to disproportionate difficulty, or if other limitations provided for in the relevant legislation apply, the request may be resolved through other appropriate remedies in accordance with the law, provided that the BUYER’s rights arising from the relevant legislation remain reserved.
The provisions regarding the right of withdrawal, returns and exchanges contained in this Agreement shall not be interpreted in such a way as to eliminate or limit the BUYER’s rights arising from the relevant legislation in the event that the product is defective.

ARTICLE 7 – CONFIDENTIALITY AND PERSONAL DATA

The Parties agree to keep confidential all commercial, financial, technical and operational information, order and transaction details, correspondence, account information and personal data relating to each other that they have become aware of in the course of the formation and performance of this Agreement.

The SELLER may use the BUYER’s information solely for the purposes of orders, payments, invoicing, delivery, returns/exchanges, customer service, after-sales support, compliance with legal obligations and the resolution of disputes. Such information shall not be shared with third parties except where permitted or required by law, or where necessary for the provision of the relevant service.

Detailed information regarding the processing of personal data is provided in the Privacy Notice available on the SELLER’s website.

ARTICLE 8 – RESOLUTION OF DISPUTES

In respect of all matters not specified in this Agreement, the provisions of the Consumer Protection Act No. 6502, the Turkish Code of Obligations and relevant legislation shall apply. In the event of any dispute arising from this Agreement, subject to the parties’ legal rights remaining reserved, the Consumer Arbitration Boards located in the BUYER’s place of residence or where the consumer transaction took place shall have jurisdiction within the monetary limits determined in accordance with the applicable legislation. In disputes falling within the jurisdiction of the Consumer Courts, consumers may apply to the Consumer Courts in the place where the consumer is domiciled or where the consumer transaction took place, provided that they have first applied to a mediator in accordance with Article 73/A of the Law No. 6502 on the Protection of Consumers, prior to bringing a lawsuit.

ARTICLE 9 – FORCE MAJEURE

Neither party shall be liable to the other for any breach of agreement or delay arising from causes beyond its control, including but not limited to fire, explosions, natural disasters, civil wars, uprisings, intervention by military authorities and/or compliance with orders from public authorities (all of which shall be referred to collectively as force majeure), including but not limited to breaches of agreement and delays arising therefrom, and shall not be liable for any failure to perform or delay in the performance of their obligations under this Agreement due to causes and circumstances beyond their control. The party affected by force majeure shall immediately notify the other party in writing of the situation, its effects and the estimated duration and shall make every effort to eliminate the adverse effects of the force majeure and to perform its obligations as before at the earliest opportunity. In the event of a force majeure event, the BUYER may exercise one of the following rights: cancellation of the order, replacement of the product subject to the agreement with an equivalent product (if available), and/or postponement of the delivery period until the force majeure event ceases. Should the BUYER cancel the order, the amount paid shall be refunded to them in the manner in which it was paid.

The other party hereby acknowledges, declares and undertakes to suspend its obligations and/or claims for the duration of such force majeure. Without prejudice to the above provisions, should the force majeure event last for more than 30 (thirty) days, this Agreement shall be deemed to have been automatically terminated without compensation and without the need for any further notice, subject to a separate agreement between the Parties.

ARTICLE 10 – FINAL PROVISIONS

The descriptions of products and information regarding purchases available on the www.aloyoga.com.tr website, the agreements between the Parties approved by the BUYER, the Preliminary Information Notice, the Return and Exchange Policy, the delivery policy, and other information published on the website, the Invoice for Goods/Services, delivery notes, consignment notes, bank records and other commercial records shall be deemed valid evidence and integral annexes to this Agreement.

Notifications to be made under this Agreement shall not be binding unless made in writing, through a notary public, by registered post, by email, or by hand delivery to an authorised representative of the party against signature. Should any provision of this Agreement be declared void by a court or a legal authority, or should it become unenforceable due to the occurrence of any force majeure event, the remaining provisions of the Agreement shall remain in full force and effect.

This Agreement consists of 10 (ten) clauses and 7 pages and was approved electronically on _____________, after having been fully read and understood by the Parties. Following its electronic approval by the BUYER, this Agreement shall be sent to the email address provided by the BUYER in accordance with the obligation to transmit it via a durable medium.

SELLER:
SOHO PERAKENDE YATIRIM VE TİCARET ANONİM ŞİRKETİ
BUYER:
Name/Surname:
Date/Time: