Call Center: +90555 191 35 91

Distance Selling Contract

DISTANT SALES CONTRACT

ARTICLE 1 - PARTIES TO THE AGREEMENT

SELLER:

Chekich Elektronik Mağazacılık ve Tic. A.Ş.

Address: Head Office - Egemenlik District 6112 Street No:38 Bornova İzmir/Türkiye

Warehouse - Egemenlik District 6112 Street No:38 Bornova İzmir/Türkiye

Telephone:  +90555 191 35 91

E-mail: info@chekich.com

BUYER:

Customer

ARTICLE 2 - DEFINITIONS

In the application and interpretation of this Contract, the following written terms shall refer to their respective definitions.

Minister

:

Refers to the Minister of Trade,

Ministry

:

Refers to the Ministry of Trade,

Law

:

Refers to the Consumer Protection Law,

Regulation

:

Refers to the Regulation on Distant Contracts,

Service

:

Refers to the subject of any consumer transaction except of provision of goods performed or undertaken to be performed against any fee or benefit,

Seller

:

Refers to the natural or legal person who offers goods to the consumer or acts on behalf of the natural or legal person who offers goods to the consumer for commercial or professional purposes, including public legal entities (Chekich Elektronik Mağazacılık ve Ticaret Anonim Şirketi),

Buyer

:

Refers to the person who acquires, uses or benefits from a goods or service for non-commercial or professional purposes (Customer),

Website

:

Refers to the Seller's website addressed www.chekich.com,

Ordering Party

:

Refers to the legal or natural person requesting a goods or service through the Seller's website addressed www.chekich.com,

Parties

:

Refers to the Seller and Buyer,

Contract

:

Refers to this contract concluded between the Seller and Buyer,

Product or Products

:

Refers to the movable commodities and immovable properties with accommodation or holiday purposes subject matter of trade, and software, audial, visual and any other kinds of products prepared in electronic environment.

PDPL

 

Easy Return Centre  

 

: Refers to the Personal Data Protection Law No. 6698,

 

: Refers to the field where the customers member to the website www.chekich.com can access via My Account Information page and easily carry out the return transaction upon filling in the required information for return.

ARTICLE 3 - SUBJECT OF THE CONTRACT

The subject of this Contract is the determination of the rights and liabilities of the Parties related to the sales and delivery of the goods/services, which the Buyer has ordered in the electronic environment via the Seller's website www.chekich.com, and which bears the specifications stated in the contract and the sales prices of which are likewise stated in the contract, pursuant to the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distant Contracts. The listed prices announced on the website are the sales prices. The prices and pledges announced shall be valid until updated by the Seller. The prices announced as temporary are valid until the end of the specified period. The 'Preliminary Information Form' given on the payment page of the website and invoices related to the order are integral parts of this contract.

ARTICLE 4 - DATE OF THE CONTRACT

These two copies of the contract previously signed by the Seller are signed and accepted by the Buyer on #DATE#

ARTICLE 5 - DELIVERY OF THE GOODS OR SERVICE, PLACE OF PERFORMANCE OF THE CONTRACT AND THE MODE OF DELIVERY

The goods/services shall be delivered to  #USER_NAME# present at the address #DELIVERY_ADDRESS# as requested by the Buyer or to a person older than 18 of age present at the address.

ARTICLE 6 - COSTS AND PERFORMANCE OF DELIVERY

The delivery costs shall be borne by the Buyer. If the Seller has declared that the cost of delivery of those who will do shopping more than an amount shall be borne by the Seller or that free of charge delivery will be made within the scope of the campaign, the delivery cost in shopping made under the stated conditions within the stated periods is to be borne by the Seller. The delivery shall be made as soon as possible if the stock is available and after the price of the goods is transferred to the Seller's account. The Seller delivers the goods/services within 30 (thirty) days as of the goods/services having been ordered and it reserves its right to time extension of an additional 10 (ten) days upon written notice within this period. If the price of the goods/services are failed to be paid for any reason or cancelled in the bank records, the Seller shall be deemed to have released from its obligation to deliver the goods/services.

ARTICLE 7 - FEE OF PAYMENT AT DOOR

The service of payment at door is a payment option provided by the cargo company and it has no relevance with the Seller. The cargo company charges 4,95-TL (Four-Turkish-Lira-Ninety-Five-Kurush) in Turkey and 6,00-USD (Six-American-Dollars) in other countries for this service. This service fee belongs to the cargo company and it may not be refunded in case of product return and the Seller may not be held responsible for this fee.

ARTICLE 8 - REPRESENTATIONS AND WARRANTS OF THE BUYER

8.1 With the conclusion of this Contract upon acknowledging it and with undergoing the obligation of payment, the Buyer represents that it has read and understood and been informed of the following information and has given the required confirmation in electronic environment:

8.1.1 The basic specifications of the goods/services subject matter of the Contract, all taxes included sales price and payment terms, delivery and cargo price and the preliminary information charged by the Seller related to the conditions of return, all of which are given on the website,

8.1.2 The Seller's title, address and contact information and the contact information required for communicating the complaints,

8.1.3 The information related to payment, delivery and performance, and if any, the commitments related to these, and the methods of settlement of the Seller related to the complaints,

8.1.4 The conditions where the right of withdrawal exists, the provisions of use of this right, its term, procedure and the information of the transporter that the Seller has projected for return,

8.1.5 The information related to the media through which the notification of withdrawal is to be served,

8.1.6 In the cases where the right of withdrawal may not be exercised pursuant to article 15 of the Regulation, the information related to the fact that the right of withdrawal may not be benefitted or under which conditions the right of withdrawal shall be lost,

8.1.7 The information concerning the fact that the consumers may make their applications about the disputes to the Consumer Court or Consumer Arbitration Committee.

--- By confirming this Contract and the Preliminary Information Form in electronic environment, the Buyer is deemed to have confirmed that he/she has accurately and fully confirmed the information required to be provided by the Seller to the Buyer before the conclusion of the distant contracts.

8.2 In addition, the Buyer represents and acknowledges that he/she has been informed of the privacy, data utilisation and processing rules applied by the Seller and related to the Buyer information and electronic communication rules with the Buyer, and the legal rights of the Buyer and Seller and the procedures of the Parties' exercising their rights, through the Policies and Announcements published via the Website.

8.3 In the case that the Buyer takes the delivery of the damaged and defective goods/services that have been damaged, broken, package torn, etc. from the cargo company without examining before taking the delivery of the goods/services subject matter of the Contract, the responsibility entirely belongs to the Buyer. The goods/services received by the Buyer from the cargo attendant shall be deemed undamaged and sound. The responsibility and the damages of the goods/services belong to the Buyer after delivery. In the case that the relevant bank or finance institution fails to pay the price of goods/services to the Seller after the delivery of the goods/services due to unjustified or illegal use of the Buyer's credit card by unauthorised persons for reasons not caused by the Buyer's fault, the Buyer shall be obliged to return the goods/services to the Seller within 3 (three) days provided they have been delivered to it. In this case, the delivery cost shall be borne by the Buyer. The Buyer represents and warrants that it shall not hold the Seller responsible for the free of charge products delivered to him/her by the Seller within the scope of promotion or campaign, and that the manufacturer of the product shall be solely responsible for all claims.

8.4 The Seller acknowledges, represents and warrants that it shall notify the Buyer if it fails to deliver the product subject matter of the contract due to force majeure such as occurrences that develop without the discretion of the parties, that are not foreseeable and that prevent and/or delay the fulfilment of obligations of the parties. The Buyer shall be entitled to request the Seller the order to be cancelled, the product subject matter of the contract to be changed with its peer if any, and/or the delivery time to be postponed until the preventing condition no longer exists. In the case that the order is cancelled by the Buyer, in payments made in cash by the Buyer, the price of the product shall be paid to the bank account notified by the Buyer within 10 (ten) days as of the date of notification. In payments made by credit card by the Buyer, the price of the product shall be refunded to the relevant bank within 7 (seven) days as of the cancellation of the order by the Buyer. The Buyer acknowledges, represents and warrants that the period for the amount refunded to the Buyer's credit card by the Seller being reflected to the account of the Buyer may be 2 (two) to 4 (four) weeks, and that the Buyer shall not hold the Seller responsible for possible delays since such amount being reflected to the Buyer's accounts after having been refunded to the Bank is completely a process related to the bank.

8.5 If the Buyer and the holder of the credit card used during the order are not the same person or if a security gap is determined related to the credit card used in the order before the delivery of the product to the Buyer, the Seller may request the Buyer to submit the identity and contact information of the credit card holder, the relevant credit card's abstract of the previous month or a letter from the bank of the credit holder stating that the credit card belongs to him/her. The order shall be suspended through the time from the Buyer's providing the information/documents subject matter of the request, and in the case that the mentioned requests are not satisfied within 24 (twenty four) hours, the Seller shall be entitled to cancel the order.

8.6 The Buyer represents and warrants that the personal information and other information personally provided by the Buyer while signing up in the Seller's website or during the maintenance of the processes of order formation, cancellation and/or delivery are true and the personal information and the order information belongs to the Buyer, and that he/she shall compensate all damages to be incurred by the Seller due to the inaccuracy of such information, immediately, in cash and in a full upon the first notification of the Seller.

8.7 Preferring the sales channel by calling, the Buyer acknowledges, represents and warrants in advance that he/she shall provide the necessary information fully and accurately to the customer services representative, he/she shall not make any claims for unauthorised access or violation of privacy or the mentioned information that he/she has provided with his/her free will or his/her account access on the website being captured without his/her will afterwards, such that, he/she has given consent to such situations, and in the case that the information he/she has provided are inaccurate, he/she shall solely be responsible for any requests and damages that can be addressed to the Seller.

8.8 The Buyer acknowledges and warrants in advance to comply with the provisions of the legislation and not to violate them when using the website of the Seller. Otherwise, all legal and penal obligations to arise shall fully and solely bind the Buyer.

8.9 The Buyer may not use the website of the Seller in any way infringing the public order, violating common moral values, disturbing and harassing others, for unlawful purposes and infringing the pecuniary and non-pecuniary rights of others. In addition, the member may not engage in any activity (spam, virus, trojan horse, etc.) that may prevent or make difficult for others to use the services.

8.10 The Buyer acknowledges, represents and warrants that he/she shall confirm this Contract in electronic environment for the delivery of the product subject matter of the Contract, and in the case that the price of the product subject matter of the Contract is failed to be paid for any reason and/or it is cancelled in the bank/finance institution records, the Seller's obligation to deliver the product subject matter of the Contract shall cease. The Buyer acknowledges, represents and warrants that the Seller shall have no responsibility related to the payments for which failure code is sent by the bank and/or finance institution for any reason but paid by the bank and/or finance institution to the Seller.

8.11 The Buyer acknowledges, represents and warrants that the Buyer shall return the product subject matter of the Contract to the Seller within 3 days as the transportation fees at the Seller's expense in the case that the price of the product subject matter of the Contract is failed to be paid to the Seller by the relevant bank or finance institution as the result of the Buyer's credit card being unfairly used by unauthorised persons after the delivery of the product subject matter of the Contract to the Buyer or the person and/or legal entity present at the address to be declared by the Buyer.

8.12 For any shopping to be carried out by the Buyer through the website addressed www.chekich.com by any payment methods, payment at door being in the first place, the cash refund amount to be realised based on the Buyer's payment to the Seller may only be paid to the Buyer's account with the IBAN information to be notified by the Buyer, and in the case that the Buyer claims that he/she has no IBAN information on his/her own, the payment may be made to the IBAN information of a first degree relative of the Buyer upon request, with all responsibility to be borne by the Buyer. In addition, the Buyer acknowledges and warrants that he/she shall not violate or even cause to violate the international money laundering and anticorruption legislation and/or policies; otherwise, all responsibility shall be borne by him/her and he/she shall irrevocably compensate any damages that may be incurred by the Seller immediately in cash upon first written notice.

8.13 Any member who violates one or more than one of the articles set forth in this Contract shall be personally responsible for such violation in legal and penal respects, and he/she shall hold the Seller harmless from the legal and penal consequences of these violations. In addition, in the case that the incident is carried to the field of law due to such violation, the Seller reserves its right to claim damages against the member due to failing to comply with the Membership Agreement.

ARTICLE 9 - REPRESENTATIONS AND WARRANTS OF THE SELLER

The Seller is responsible for the delivery of the goods/services subject matter of the contract in sound condition, in full, in accordance with the qualifications specified in the order and together with the warranty certificates and user's manuals. If the goods/services subject matter of the contract is to be delivered to a person/entity other than the Buyer, the Seller may not be held responsible for the person/entity to be served not accepting the delivery. The Seller shall refund the price of the goods/services and return the securities, if any, within 14 (fourteen) days as of the declaration of withdrawal is communicated to it. For justified reasons, the Seller may supply goods/services of equal quality and price provided that it informs the Buyer before the expiration of the period of performance in the contract. If the Seller has the opinion that the performance of the goods/services has become impossible, it informs the Buyer before the expiration of the period of performance of the contract. The price paid and the securities, if any, shall be returned within 14 (fourteen) days. The goods/services that are faulty or out of order from the goods/services that are sold with warranty certificate may be sent to the Seller for the performance of the necessary repairs within the warranty conditions; in this case, the delivery costs shall be borne by the Seller.

ARTICLE 10 - SPECIAL PROVISIONS

10.1 The website of the Seller may be linked to other websites and/or other contents not under control of the Seller and/or owned and/or operated by other third parties. These links are provided for the purpose of providing ease the orientation to the Buyer and do not support any web site or the person who operates that website and do not constitute any guarantee and any responsibility for the information contained in the linked website.

10.2 The Seller, at its sole discretion, may organise various campaigns (campaigns where the discounts to be determined by the Seller are reflected to the Buyer in cases where purchases are made in amounts to be determined by the Seller at the same time from one and/or more than one boutique), the conditions, content and period of which are to be determined by the Seller, for the Buyers. In so far as, in the case that the Buyer returns the products purchased due to any reasons such as the right of withdrawal etc., if the conditions of the campaign organised by the Seller are failed to be satisfied for any reason, the discount amount/benefit utilised within the scope of the campaign shall be cancelled and deducted from the return payment to be made to the Buyer.

10.3 In the case that the Buyer is able to utilise several campaigns in the same invoice, the campaigns shall not be combined and the Buyer may only utilise one campaign. The Buyer acknowledges, represents and warrants that he/she shall not make any claims in such a situation.

10.4 The Seller reserves  its right to stop, update and change the campaign terms of the campaigns it has announced on its Website. The Buyer is required to view the campaign terms before every shopping made from the Website.

10.5 Regarding the regulation, revision and partially/fully use of any information and content of the Website, all intellectual and industrial property rights of the third parties according to the Seller's agreement belong to Chekich Elektronik Mağazacılık ve Ticaret Anonim Şirketi, and may not be used without written consent.

ARTICLE 11 - SPECIFICATIONS OF THE GOODS OR SERVICES SUBJECT MATTER OF THE CONTRACT

The kind and type, quantity, brand/model, colour and all taxes included sales price of the goods/services are as stated in the Preliminary Information Form and in the invoice, which is deemed to be an integral part of this Contract.

ARTICLE 12 - CASH PRICE OF THE GOODS OR SERVICES

The cash price of the goods/services is present in the sample invoice, Preliminary Information Form and the content of the invoice sent to the Buyer together with the product at the end of the order via the electronic mail address registered in the system or to the telephone number notified by the Buyer in sales made through telephone.

ARTICLE 13 - PERSONAL DATA PROTECTION

The Seller Chekich is subject to both the PDPL (Personal Data Protection Law No. 6698) and the EU General Data Protection Regulation No. 2016/679 ("GDPR") related to the processing of the personal data obtained from its Members. Pursuant to this Contract which can be accessed via Turkish Policy on Privacy and Personal Data Protection and GDPR Privacy Policy and www.chekich.com, Chekich collects, uses, transfers and processes personal data from its users. Turkish Policy on Privacy and Personal Data Protection and GDPR Privacy Policy are integral parts of this Distant Sales Contract.

For further information regarding your rights about our use of personal data and your rights on this subject and about our protection and processing of your personal data within the scope of the PDPL, you can access Turkish Policy on Privacy and Personal Data Protection via the link Turkish Policy on Privacy and Personal Data Protection and exercise your mentioned rights by sending an email to the email address kisiselverilerim@chekich.com.

In addition;

If you are residing in a European Union member country, for obtaining information regarding our protection and processing of your personal data within the scope of the PDPL,

you can access the GDPR Privacy Policy via the link GDPR Privacy Policy and exercise your mentioned rights by sending an email to the email address dpo@chekich.com.

The email address that you contact us must be the email address that you submitted at your Chekich membership process. Unless reasonable evidence is provided for your Membership, the requests received from other email addresses shall not be responded.

ARTICLE 14 - FORWARD PRICE

The forward price determined according to the maturity provided to the sales price of the goods/services is present in the sample invoice, Preliminary Information Form and the content of the invoice sent to the customer together with the product.

ARTICLE 15 - INTEREST

The interest may not be higher than the interest rate determined by the Government of the Republic of Turkey every year, and more than 30% in any cases. The Buyer is solely responsible for the bank it cooperates with.

ARTICLE 16 - PAYMENT PLAN

16.1 In the case that the Buyer has done shopping with credit card and on installations, the type of installation selected on the website shall be valid. In installation transactions, the relevant provisions of the agreement signed by and between the Buyer and the card owner bank shall be valid. The date of payment of the credit card shall be determined according to the provisions of the agreement between the bank and the Buyer. In addition, the Buyer may follow up the number of installations and payments from the account abstract sent by the bank. The Buyer shall be solely responsible to the bank Recipient of payment.

16.2 The bank may organise campaigns and apply a higher number of instalments than you have chosen and offer services such as payment postponement. Such campaigns are under the initiative of your bank, and in the case that it is within the Seller's knowledge, information is given about the campaigns on our pages. The order sum shall be divided to the number of instalments and the corresponding amount shall be reflected to your credit card abstract starting from the account statement date of your credit card. The Bank may choose not to divide the instalment amounts equally to the months, taking the fractions into account. Creating a detailed payment plan for you is under the initiative of your bank.

ARTICLE 17 - RIGHT OF WITHDRAWAL

17.1 As of the date of delivery of the product to the Buyer or to the person/entity present at the address indicated, the Buyer may return the goods/services purchased, within 14 (fourteen) days as of the date of delivery in Turkey and within 2 (two) months as of the date of delivery in other countries exercising his/her right of withdrawal without undertaking any legal or penal responsibility and without showing any reason.

17.2 The period of right of withdrawal starts a of the date when the contract is concluded for agreements related to performance of service, and as of the date when the consumer or the third person determined by the consumer takes the delivery of the goods for agreements related to delivery of goods. However, the consumer may exercise his/her right of withdrawal within the period from the conclusion of the contract until the delivery of the goods.

17.3 In determination of the period of right of withdrawal;

a) For the goods subject matter of a single order but delivered separately, the day when the consumer or the third person determined by the consumer takes the delivery of the last party of goods,

b) For the goods comprising multiple pieces, the day when the consumer or the third person determined by the consumer takes the delivery of the last piece of goods,

c) For the contracts which the goods are regularly delivered for a certain period of time, the day when the consumer or the third person determined by the consumer takes the delivery of the first party of goods,

are taken as basis.

Delivery of the goods by the Seller to the transporter may not be deemed as the delivery served to the consumer.

In contracts which the delivery of goods and performance of the service is done together, the provisions of the right of withdrawal concerning the delivery of goods apply.

17.4 In case of exercising of the right of withdrawal;

a) The Buyer sends the goods back to the Seller within 10 (ten) days as of exercising the right of withdrawal. 
b) Any boxes, packages, if any, standard accessories and if any, other products gifted together with the goods must be returned in full and undamaged within the scope of the right of withdrawal. While the goods are returned to the Seller, the original invoice submitted to the Buyer at the moment of delivery of the goods must also be returned by the Buyer. If the original copy of the invoice is not sent, the amount of VAT and if any, other legal obligations shall not be refunded.
c) Within 14 (fourteen) days as of exercising the right of withdrawal, the price of the goods shall be refunded to the Buyer through the Easy Return Centre or to the Buyer's bank account, which he/she has verbally informed to the customer services representative, in the same way that the Buyer has made the payment.

As long as the Buyer sends the goods to be returned to the Seller, only within the borders of Turkey, through Easy Return Centre or the Seller's contracted cargo companies to be stated by the Customer Services Representative, the return cargo fee shall be at the Seller's expense. In the case that the Buyer sends the goods to be returned to the Seller through Easy Return Centre or a cargo company other than the Seller's contracted cargo company to be stated by the Customer Services Representative, the return cargo fee and any damage and loss that may incur to the goods during the cargo process shall not be at the Seller's expense. In the case of exercising the right of withdrawal within the period from giving order confirmation until the delivery of the goods, the cargo fee shall be at the Buyer's expense. The Seller reserves its right to deduct the expenses arising from returning the products based on the right of withdrawal/cancellation to be exercised in Germany, France, England, Netherlands, Belgium, Denmark, Austria, United States of America and Jordan, from the amount of the products.  In countries except of the aforementioned and Turkey, the Buyers exercising their right of withdrawal are solely responsible for the return cargo fees of the products.

If the goods' value decreases due to a reason deriving from the fault of the Buyer or if the return becomes impossible, the Buyer is liable to compensate the losses of the Seller to the extent of his/her fault.

In the case that the sales amount drops under the campaign limit amount adjusted by the Seller due to the exercising of the right of withdrawal and/or in the case that the campaign conditions are failed to be met, the amount of discount and/or the cargo price benefitted within the scope of the campaign shall be cancelled and shall be set off from the payment to be made based on the return.

ARTICLE 18 - CASES WHERE THE RIGHT OF WITHDRAWAL MAY NOT BE EXERCISED

The right of withdrawal cannot be exercised in the following cases:

a) In contracts related to the goods or services, the prices of which vary depending on the fluctuations in financial markets and which are not under the control of the Seller,
b) In contracts related to the delivery of the goods specially prepared towards the personal requests of the consumer, not suitable to return by nature and bearing a possibility of expiration or decomposing easily,
c) In contracts related to the delivery of the goods, the protective elements such as packages, tapes, seals of which are opened after delivery, and which are not suitable to return in terms of health and hygiene,
d) In contracts related to the goods which are mixed with other products after delivery and which are not possible to be separated by their nature,
e) In contracts related to books, audio or video recordings, software programs and computer consumables provided in material environment provided that the protective elements such as packages, tapes, seals and boxes of the product are opened by consumers,
f) In contracts related to the performance of services related to lottery and betting,
g) In contracts related to the services, the performance of which has been started upon the confirmation of the consumer before the period of right of withdrawal is over,
h) In contracts related to the services performed in electronic environment and the non-pecuniary goods immediately delivered to the consumer, and in the case that the goods/services subject matter of the contract comprise the types of goods/services left out of the scope of application of the Regulation on Distant Contracts,

The right of withdrawal shall not be exercised due to the failure of application of the provisions of the Regulation on Distant Contracts to the legal relationship between the Buyer and the Seller. In addition, in cosmetic products sales out of Turkey, the Buyer may not use the right of withdrawal and the returns of the respective products shall not be accepted from abroad.

If the invoice of the products wanted to be returned by the Buyer or third party is a corporate invoice, the Buyer is required to send the return invoice issued by the corporation together with the products when returning them. Otherwise, the returns of the orders, the invoices of which are issued to the name of the corporations, shall not be completed unless their return invoices are issued. The Buyer acknowledges and undertakes that he/she has knowledge about this matter and shall not exercise his/her right to withdrawal and shall not make any request from the Seller unless he/she has failed to duly submit the relevant return invoices to the Seller.

ARTICLE 19 - DEFAULT AND LEGAL CONSEQUENCES

In the case that the Buyer goes default in transactions done by credit card, the credit card holder shall pay interest within the framework of the credit card agreement concluded with his/her bank and shall be responsible to the bank. In this case, the relevant bank may apply to legal remedies; demand the expenses to arise and the attorney fee from the Buyer and under any circumstances in the case that the Buyer goes default due to the debt of the Buyer, the Buyer accepts to pay the loss and damage incurred to the Seller due to delayed performance of the obligation, immediately and in cash upon the first written request.

ARTICLE 20 - SETTLEMENT OF DISPUTES

In application of the Distant Sales Contract up to the value announced by the Ministry of Trade, the Consumer Arbitration Committees and Consumer Courts at the place where the Buyer has purchased the Goods or Services and where the Buyer's residence is located are the competent courts of jurisdiction. The district/provincial consumer arbitration committees are competent in line with the lower and upper limits specified in sub-article 1 of article 68 of the Consumer Protection Law No. 6502.

ARTICLE 21 - NOTIFICATIONS AND EVIDENTIAL CONTRACT

Any correspondences to be made under this Contract shall be made via email except for the compulsory cases listed in the legislation. The parties acknowledge, declare and undertake that, in the settlement of any disputes arising from this Contract, the Company's official books and commercial records, the electronic and computer and telephone/conversation records held on its databases and servers are binding, precise and exclusive evidence, and this article is in the nature of evidential contract in the sense of Article 193 of the Law on Civil Procedure.

ARTICLE 22 - INVOICE ISSUED TO THE MERCHANT AND CURRENT ACCOUNT BANK TRANSFER CONFIRMATION

22.1 In the case that the Buyer forming the order in this Contract desires to issue the invoice in the name of a third party company and/or legal entity (this expression includes the legal entity merchant as well) and not on behalf of himself/herself, the Buyer represents that he/she confirms the accuracy of the invoice information that he/she has given, to the bank transferring of the amounts of the invoices to be issued in the name of the Buyer in the current account to the current account of the company and/or legal entity to be stated by the Buyer, and that he/she accepts the debt to be issued in the name of the company/legal entity with the commercial title and tax identification number as declared by the Buyer, in accordance with the provisions of assignment of claims. The Buyer irrevocably represents and warrants to compensate the obligation arising from the commercial title, tax department and identification number that he/she has declared in the invoice information being incorrect and from the relevant company/legal entity not accepting the debt, and all pecuniary and non-pecuniary damages of the Seller arising from this transaction. Such that, the provisions of the Law of Obligations and Turkish Commercial Code shall apply due to the fact that the Buyer is not the consumer in this case.

22.2 In the case that the payment for the order given through the website is fulfilled, the Buyer shall have deemed to accept all provisions of this Contract. The Seller is responsible for carrying out the software arrangements that will prevent from giving orders without getting confirmation for the respective Contract having been read and accepted by the Buyer on the website or on the channel through which this Contract is communicated.

This contract comprising 22 (twenty two) articles is concluded and takes immediate effect upon being confirmed by the Buyer in the electronic environment on #DATE#