Sales Agreement

DISTANCE SALES AGREEMENT (“Contract”)

ARTICLE 1 - PARTIES

ARTICLE 1.1 - SELLER

Title : AGADIGITAL ELEKTRONİK MAĞAZACILIK VE TİCARET ANONİM ŞİRKETİ

Address : Yenibosna Merkez Mh. Ladin Sk. Kuyumcukent Site. No: 4 M/Z030 Bahcelievler / Istanbul

Telephone:0212 993 0 242 Whatsapp : 0549 603 04 81

MERSIS Number: 0631060010200010

The above-mentioned address and e-mail information of the SELLER will be used for the BUYER, who is a consumer, to make complaints and/or objections and/or applications.

ARTICLE 1.2 - BUYER

The person who is a member of the www.agakulche.com website as a customer.

Address and contact information used while members shall prevail.

ARTICLE 2 - SUBJECT

The main features of the goods are located at www.agakulche.com. You can review the basic features of the product during the campaign.

The prices listed and announced on the site are sales prices. Announced prices and preliminary announcements within this scope are valid until they are updated and changed by the Seller. Prices announced for a period of time are valid until the end of the specified period.

It consists of the type, quantity, brand/model, color, quantity, sales price, payment method, information at the time the order is finalized. will be able to use the 'change' options.

Any shipping fee, which is the shipping cost of the product, will be calculated according to the place of delivery and this amount will be reflected on the invoice of the BUYER's order under the name of "Shipping Fee" by the SELLER and will be paid by the BUYER and is not refundable.

ARTICLE 4 - GENERAL PROVISIONS

Although the payment of the products subject to the contract is made or will be made by credit card, debit card (including bank cards that offer installment options) and money order / EFT, the nature of the contract is cash sale. Therefore, if the BUYER chooses to pay via money order / EFT; accepts and undertakes to send the order price to the SELLER's bank account within one hour from the order. In case the BUYER does not send the order price within one hour; The order is canceled by the SELLER.

The BUYER, on the website www.agakulche.com, pre-empts the basic characteristics of the product subject to the contract, the sales price including all taxes, the payment method, the delivery and the costs of this, the time of delivery, the full trade name, full address and contact information of the SELLER. accepts and declares that he has read the information, has knowledge, fully understands and gives the necessary confirmation in electronic environment.

BUYER; By confirming this Agreement electronically, the title, MERSIS number, address, contact information, basic features of the ordered products, exceptions to the right of withdrawal and the right of withdrawal, which must be given by the SELLER to the BUYER, who is in the consumer position, before the conclusion of the distance contracts, confirms that it has obtained the price including taxes, payment and delivery information accurately and completely.

The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated within the period specified in the preliminary information on the website, depending on the distance of the BUYER's residence for each product, provided that it does not exceed the legal 30 (thirty) days.

If the product subject to the contract is to be delivered to another person/organization from the BUYER in accordance with the BUYER's request, the SELLER cannot be held responsible in any way if the relevant person/organization does not accept the delivery.

The SELLER cannot be held responsible under any circumstances for the fact that the ordered product cannot be delivered to the BUYER for any reason, due to any problems that the cargo company may encounter during the delivery of the product to the BUYER.

The SELLER is responsible for the delivery of the product subject to the Contract in a sound, complete, in accordance with the qualifications specified in the order and with warranty documents, user manuals and certificates, if any.

The SELLER has the right to supply the BUYER with a different product of equal quality and price before the expiry of the performance obligation arising from the Contract.

If the SELLER fails to fulfill its obligations under the Contract in case the supply of the product subject to the order becomes impossible or due to justified or valid reasons, the SELLER shall notify this situation to the BUYER, who is a consumer, within 3 (three) days from the date of learning of the situation. ) returns the total price to the BUYER within the daily period.

For the delivery of the product subject to the contract, this Contract must be confirmed by the BUYER electronically and the price must be paid in the form of payment preferred by the BUYER. If for any reason the price of the product is not paid or canceled in the bank records, the SELLER is deemed to be relieved of the obligation to deliver the product and any obligations within this scope.

The BUYER irrevocably accepts, declares and undertakes that the credit card information he/she defines in the system during shopping is correct and valid, that he/she is responsible for all kinds of legal and criminal legal liabilities arising from the use of this credit card, and that he/she is directly and individually the addressee of all claims and demands that may be made in this context. In the payments made, if the credit card is used unlawfully by someone other than the holder, the Debit Cards and Credit Cards Law No. 5464 published in the Official Gazette dated 1 March 2006 and numbered 26095 and the Debit Cards Law published in the Official Gazette dated 10 March 2007 and numbered 26458. and the provisions of the Regulation on Credit Cards. If the relevant bank or financial institution fails to pay the product price to the SELLER on time and in full due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons, not due to the BUYER's fault or negligence after the delivery of the product, the BUYER shall deliver it to the BUYER. It is obligatory to send the product to the SELLER within 3 (three) days, provided that it has been In this case, transportation costs and all necessary costs and other expenses belong to the BUYER. If the BUYER does not return the product, he irrevocably accepts, declares and undertakes that if the product price is not charged to the credit card for any reason, the product price will be immediately and completely transferred to the bank accounts of the SELLER without any warning.

The points given to the BUYER as a customer by the SELLER through a campaign are only valid for a single purchase. These points are non-refundable even if the product/goods is returned.

In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 7 (seven) days after the order is canceled by the BUYER. Since the reflection of this amount on the BUYER's accounts after the return of this amount to the bank is entirely related to the commercial operation and transaction process of the relevant bank, the BUYER states that it will not be possible for the SELLER to intervene in any way for possible delays and that the amount returned to the credit card by the SELLER is reflected in the BUYER's account by the bank. It already accepts that it may take 2 (two) to 3 (three) weeks on average (and in any case, this issue is subject to the commercial operation and transaction process of the relevant bank and the BUYER will have to directly contact the relevant bank in terms of requests within this scope).

In the resolution of any disputes that may arise from this Agreement and/or its implementation, the SELLER records (including but not limited to magnetic media such as computer-sound recordings) constitute evidence within the scope of Article 193 of the Code of Civil Procedure No. 6100.

ARTICLE 5 – RIGHT OF WITHDRAWAL

After the delivery of the goods, the products that are prepared and priced, offered for sale and/or imported in line with the wishes of the BUYER or clearly and directly in line with the personal needs of the BUYER, and the goods that, by their nature, are in danger of spoiling quickly or the expiration date is likely to expire. It is not possible to return the books, digital content and computer consumables offered in material environment in accordance with the relevant legislation, provided that the protective elements such as packaging, tape, seal, package are partially or completely opened by the BUYER.

Within the framework of exceptional situations where the right of withdrawal cannot be exercised, in accordance with Article 15 of the Regulation on Distance Contracts and the relevant legislation; Cancellation and cancellation of 22 carat gold, 24 carat gold, 22 carat bracelet, 24 carat bracelet and all gold products containing gold, diamonds, crypto money products and services, the price of which changes depending on the fluctuations in the financial markets and this change is not in the hands of the seller or the supplier, and refund is prohibited in accordance with the relevant legislation.

ARTICLE 7 - DELIVERY CONDITIONS

Your orders will be delivered to cargo within 3 (three) working days (Monday-Friday) after the bank's approval. Depending on the distance of the delivery address to the Istanbul / Kuyumcukent location, the courier company will deliver your order within 1-3 business days. Delivery is not done on weekends and feast days.

Delivery times of special production products vary according to the production time. The delivery information and times of such products are specified on the product pages.

All of the products you choose will be delivered a contracted cargo company through the insurance company.

The products you have purchased will be notified to you by a confirmation e-mail. If any of the products you selected is not available in stock, you will be sent an e-mail regarding the subject and you will be notified of the first date the product is scheduled to enter the stocks.

www.agakulche.com is an online shopping site. It allows multiple users to shop at the same time. In cases where more than one consumer purchases the same product, the product is rarely out of stock. In such a case; If you have made the payment online and the product is out of stock, there is a waiting period of at least 4 (four) and at most 30 (thirty) days. If the product cannot be supplied (delivery cannot be provided) to the BUYER, who is a consumer, between these dates, the payment made is returned to him. The shipping fee, which is the shipping cost of the product, is not refundable under any circumstances.

Before signing the cargo report, please check whether your package is damaged due to transportation. If there is any damage to your cargo package for any reason, please return your cargo to the cargo authority without signing any documents related to the delivery. Your new products will be sent by us immediately. www.agakulche.com and AGADIGITAL ELEKTRONİK MAĞAZACILIK VE TİCARET ANONİM ŞİRKETİ are not responsible for the damage and/or deficiency of the products in the case of receiving the products with damaged cargo packages.

ARTICLE 8 - DEADLINE OF THE BUYER

In case the BUYER is in default, the BUYER agrees to pay any damages and losses incurred by the SELLER due to the default and delayed performance of the debt. In cases where the BUYER's default is caused by the SELLER's gross negligence, the BUYER shall not be obliged to meet any claim for loss or damage.

In the implementation of this Agreement, T.C. Consumer Arbitration Committees and Consumer Courts are authorized in the place where the BUYER purchases the goods or services and resides, up to the value declared by the Ministry of Commerce.

The SELLER submits its applications regarding complaints and objections to the T.C. Within the monetary limits determined by the Ministry of Commerce in December every year, it can be made to the Consumer Arbitration Committee or the Consumer Court in the place where the goods or services are purchased or where the residence is located. Information on the monetary limit is below:

The value in applications to be made to the Consumer Arbitration Committees for 2022:

a) District Consumer Arbitration Committees in disputes under 10.280 (ten thousand two hundred and eighty) Turkish Liras,

b) Provincial Consumer Arbitration Committees in disputes between 10.280 (ten thousand two hundred eighty) Turkish Liras and 15.430 (fifteen thousand four hundred thirty) Turkish Liras in provinces with metropolitan status,

c) Provincial Consumer Arbitration Committees in disputes under 15,430 (fifteen thousand four hundred and thirty) Turkish Liras in the centers of provinces that are not in metropolitan status,

d) Provincial Consumer Arbitration Committees are in charge of disputes between 10.280 (ten thousand twelve hundred and eighty) Turkish Liras and 15.430 (fifteen thousand four hundred thirty) Turkish Liras in districts of provinces that are not in metropolitan status.

e) In case of disputes over the specified value, an application must be made to the Consumer Court, and in places where there is no Consumer Court, to the Civil Courts of First Instance as a Consumer Court.

This Agreement is subject to Turkish Law, and Istanbul (Central) Courts and Enforcement Offices will be authorized to resolve disputes arising from this Agreement.