DISTANCE SALES CONTRACT

DISTANCE SALES CONTRACT

1. PARTIES

This Distance Sales Agreement (“ Agreement ”) is between GOAT URBAN LLC. Company, operating at Caddebostan Mah. Bagdat Cad. No:311, 34371, Istanbul, Turkey.
(“ Seller ”) and its services/products on goaturban .com  The person who purchased the domain name through the website (“ Buyer ”) has signed an electronic environment between the Seller and the Buyer, whose information is given below.

The Parties accept, declare and undertake that they have read this Agreement in its entirety, fully understood its content and approved all its provisions.

SALES PERSON:

Seller's Name: GOAT URBAN LLC.
Seller's Full Address: Caddebostan Mah. Bagdat Cad. No:311, 34371, Istanbul, Turkey

Seller's Email Address: support@goaturban.com

Seller Phone:

BUYER:
Recipient's Name/Surname:
Recipient's Address:
Buyer's Phone:
Recipient's Email Address:

Seller and Buyer shall be referred to individually as a “ Party ” and collectively as the “ Parties ”.

By purchasing products and services from the Seller, the Buyer accepts, declares and undertakes that he/she has read this Agreement in its entirety, fully understood its content and approved all its provisions. Similarly, the Seller declares and undertakes the following to the Seller. Therefore, the Buyer undertakes that the information provided by the Buyer when purchasing the service is accurate.

1. ESTABLISHMENT OF THE CONTRACT

• THE BUYER ACCEPT THAT HE HAS READ THE CONTRACT, UNDERSTAND IT AND IS AWARE OF HIS RIGHTS AND OBLIGATIONS.
• THE PARTIES ACCEPT THAT THERE IS NO DISPROPORTION BETWEEN THE ACTIONS AGREED IN THE CONTRACT, THAT THE MUTUAL ACTIONS ARE SUITABLE FOR THE NATURE OF THE JOB, AND THAT THEY DO NOT HAVE ANY LACK OF EXPERIENCE WITH REGARDS TO THE TRANSACTIONS WITHIN THE SCOPE OF THE CONTRACT.
• BUYER ACCEPT THAT HE HAS FULLY CONSIDERED THAT THE TRANSACTIONS CONTAINED WITHIN THE SCOPE OF THE AGREEMENT ARE IN HIS OWN INTEREST AND THAT HE WILL COMPLY WITH ALL THE CONDITIONS WITH HIS OWN FREE WILL, WITHOUT ANY DIFFICULTY OR TROUBLE, CONSIDERINGLY, WILLINGLY AND KNOWINGLY.
• THE PARTIES AGREE THAT THE CONTRACT PROVISIONS DO NOT CONSTITUTE AN UNFAIR TERMS AND THAT THERE IS NO INJUSTICE IN TERMS OF THE BALANCE OF INTERESTS.
• THE PROVISIONS OF THIS AGREEMENT DO NOT INCLUDE ANY UNFAIR TERMS IN ACCORDANCE WITH THE PROVISIONS OF THE REGULATION ON UNFAIR TERMS IN CONSUMER CONTRACTS. THE PROVISIONS DO NOT CONSTITUTE A CONTRARY TO THE RULE OF HONESTY AND GOOD FAITH AND HAVE BEEN PREPARED IN ACCORDANCE WITH THE LEGISLATION ON THE PROTECTION OF CONSUMER.
• THE PROVISIONS OF THIS AGREEMENT HAVE BEEN PREPARED TAKING INTO ACCOUNT THE PROVISIONS OF THE TURKISH CODE OF OBLIGATIONS. THE BINDING AND CONTENT CONTROL SET FORTH IN ARTICLE 21 OF THE TURKISH CODE OF OBLIGATIONS HAVE BEEN CARRIED OUT BY THE BUYER. NONE OF THE PROVISIONS OF THIS AGREEMENT HAVE ANY NATURE THAT IS FOREIGN (CONFUSING TERMS) TO THE NATURE OF THIS AGREEMENT AND THE SPECIFICATIONS OF THE WORK. THE PROVISIONS OF THIS AGREEMENT HAVE BEEN WRITTEN IN A CLEAR AND UNDERSTANDABLE MANNER AND DO NOT EXPRESS MULTIPLE MEANINGS.

1. SUBJECT AND SCOPE OF THE AGREEMENT

The subject of this Agreement is the determination of the rights and obligations of the Parties in accordance with the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the Buyer ordered electronically through the Seller's website www.goaturban.com ("Site").

1. BASIC CHARACTERISTICS OF THE GOODS OR SERVICES SUBJECT TO THE CONTRACT

The basic characteristics, sales price, delivery and payment terms of the product subject to this Agreement are as follows:

Product/Service Type: Sales of products and/or services made by the Buyer to the Buyer via the Site

PAYMENT AND DELIVERY CONDITIONS

Total product price excluding shipping:

Shipping Fee:

Total product price including shipping and all taxes:

Payment Method:

Number of Installments:

Received Maturity Difference:

Interest rate used in the maturity difference calculation:

Additional costs to be paid by the Buyer:

Delivery Address:

Person to be Delivered:

The total product price stated above is collected from the Buyer by GOAT URBAN LLC.

Delivery conditions of the contractual product/service:

Carrier Company Information: Carrier companies that the Seller works with (Kolay Gelsin, HepsiJet, Yurtiçi Kargo, Aras Kargo, PTT Kargo, DHL Kargo, FedEx Kargo and UPS Kargo - The cargo information to be sent will be automatically displayed/sent to the customer.)

Shipping Address: [·]

Person to be Delivered: [·]

1. DELIVERY

Unless the product in question is a product prepared in accordance with the Buyer's request or personal needs, it will be delivered to the Buyer or the person/organization at the address indicated by the Buyer within the period specified in the preliminary information form, depending on the distance of the Buyer's place of residence, provided that the legal period of 30 (thirty) days is not exceeded.

For the avoidance of doubt, for the delivery of the product(s) subject to this Agreement, it is a condition that this Agreement and the Preliminary Information Form have been confirmed electronically by the Buyer and the price of the product(s) has been paid in full and in full using the payment method preferred by the Buyer. If for any reason the price of the product is not paid, is paid in full or the payment is cancelled in the bank records, the Seller is deemed to be relieved of its obligation to deliver the product.

In cases where the fulfillment of the ordered goods or services becomes impossible, the Seller shall notify the Buyer in writing or via a permanent data provider within 3 (three) days from the date of learning about this situation and shall refund all payments collected, including delivery costs, if any, to the Buyer within 14 (fourteen) days from the date of notification.

1. REPRESENTATIONS AND COMMITMENTS OF THE BUYER

The Buyer acknowledges that he/she has read and is informed about the preliminary information uploaded by the Seller regarding the basic characteristics, sales price, payment method, delivery and cargo cost of the goods or services subject to the Contract on the Site, that he/she has given the necessary confirmation electronically and that he/she has approved the order on the Site. PAYMENT OBLIGATION He/she accepts, declares and undertakes that he/she is aware of the risks he/she has incurred, that he/she has purchased the product/service electronically, and that the sales price will be collected from the credit card/debit card whose information he/she has entered for the payment transaction.

By confirming this Agreement and the Preliminary Information Form electronically, the Buyer confirms that he/she has obtained the address, basic features of the ordered goods or services, price of the goods or services including taxes, payment and delivery and delivery price information that should be given to the Buyer by the Seller before the conclusion of distance contracts, correctly and completely.

If the relevant bank or financial institution does not pay the price of the goods or services to the Seller due to the unfair or illegal use of the Buyer's credit card by unauthorized persons for reasons not caused by the Buyer's fault after the delivery of the goods or services, the Buyer is obliged to return the goods or services to the Seller within 3 (three) days, provided that they have been delivered to the Buyer. In this case, the delivery expenses belong to the Buyer.

If the goods or services subject to the contract are to be delivered to a person other than the Buyer, the Seller cannot be held responsible if the person to whom the delivery is made does not accept the delivery.

If the Buyer is not present at the address where he/she requested the order to be delivered, the order will not be delivered to another address. In this case, the Buyer must accept the legal obligations that will arise due to the order being placed at an address where he/she is not present.

If the product subject to the contract is to be delivered to a person/organization other than the Buyer, the Seller cannot be held responsible if the person/organization to whom the product is to be delivered does not accept the delivery.

The Seller is responsible for the delivery of the product subject to the Contract, intact, complete and in accordance with the specifications specified in the order. Provided that it is based on a justified reason, the Seller may supply goods or services of equal quality and price to the Buyer, provided that the Seller has notified the Buyer and has obtained his/her express approval, before the expiration of the performance obligation arising from the Contract.

For the delivery of the contractual product, it is necessary to confirm this Agreement electronically and pay the price of the order subject to the Agreement. If the product price is not paid or is cancelled in the bank records for any reason, the Seller is deemed to be relieved of its obligation to deliver the product under this Agreement.

The Seller is responsible for any loss or damage that may occur until the goods are delivered to the Buyer or a third party designated by the Buyer other than the carrier. If the Buyer requests that the goods be sent by a carrier other than the carrier designated by the Seller, the Seller is not responsible for any loss or damage that may occur after the goods are delivered to the relevant carrier.

The service provided by the Seller is for the end user within the scope of retail sales; the Seller reserves the right to cancel the order and not to deliver the products even if this Contract has been established, if the Seller suspects that the Buyer has a resale purpose.

The Buyer must inspect the product before accepting it, and should not accept defective and damaged products that can be detected by ordinary inspection from the Seller's authorized person or the cargo company. If the Buyer neglects to inspect the product and accepts the product, he/she is deemed to have accepted that the product is intact and undamaged.

1. SELLER'S REPRESENTATIONS AND WARRANTIES

The Seller is responsible for delivering the goods or services subject to the Contract to the Buyer in a sound, complete manner, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any, in accordance with consumer legislation.

The Seller may supply the Buyer with a different product of equal quality and price before the expiration of the performance obligation arising from the Contract, provided that it has a justified reason and informs the Buyer and obtains his/her express approval.

1. BUYER'S RIGHT OF WITHDRAWAL

Without prejudice to the other provisions set out in the Agreement, the terms and conditions set out under this Article 8 shall only be valid if the Buyer has the status of a consumer within the scope of the relevant legislation.

Right of withdrawal and its use for Buyers who are consumers within the scope of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation:

In accordance with the relevant provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation;

The Consumer Buyer has the right to withdraw from the contract without giving any reason and without paying any penalty within 14 (fourteen) days from the date of establishment of the contract in contracts related to the performance of services and from the date of receipt of the goods in distance contracts related to the sale of goods. It is sufficient for the notification of the use of the right of withdrawal to be sent to the Seller in writing or via permanent data storage within this period. The contact information of the Seller to whom the withdrawal notification can be made is as follows:

Full Address: Caddebostan Mah. Bagdat St. No:311, 34371, Istanbul, Turkey

Email: support@goaturban.com

The consumer Buyer will be informed after the Seller receives notification that the right of withdrawal has been exercised.

The Seller shall refund to the consumer Buyer all payments made by the consumer Buyer to the Seller for the relevant goods or services, including the delivery costs of the goods to the consumer Buyer, if any, in a single transaction in accordance with the payment instrument used during purchase and without imposing any cost or liability on the consumer, within 14 (fourteen) days from the date of receipt of the notification that the consumer Buyer has exercised his/her right of withdrawal.

In case the consumer Buyer exercises his right of withdrawal, the cargo company that will take back the product that the Seller has agreed upon is Kolay Gelsin or Yurtiçi Kargo, which the Company has an agreement with. In case the right of withdrawal is exercised, if the product is sent back through the cargo company specified here, the consumer Buyer shall not be held responsible for the costs related to the return. If the consumer Buyer sends the product to be returned with a cargo company other than the Seller's contracted cargo company specified in this Agreement, the Seller shall not be responsible for the return cargo costs and the damage that the product may suffer during the cargo process. In case the cargo company that the consumer Buyer has an agreement with for the return does not have a branch in the consumer Buyer's location, the Seller shall be obliged to ensure that the product to be returned is collected from the consumer without requesting any additional costs.

The Consumer Buyer must return the goods to the Seller within 10 (ten) days from the date of notification of the exercise of the right of withdrawal by the Consumer Buyer. The invoice, box, packaging, standard accessories, if any, and other products gifted due to the purchase of the goods must be returned to the Seller in full and undamaged along with the goods to be returned. The Consumer Buyer must use the goods in accordance with their operation, technical specifications and instructions for use within the withdrawal period, otherwise he/she is responsible for any changes and deteriorations in the goods.

Since the refund of order amounts paid via bank accounts or credit cards and their reflection on the consumer Buyer's accounts are entirely related to the bank transaction process, it is not possible for the Seller to intervene in any way for possible delays. For this reason, it may take a long time for the amount refunded to the consumer Buyer's bank account or credit card to be reflected on the consumer Buyer's account or credit card by the bank.

Pursuant to Article 15 of the Distance Selling Regulation, the consumer Buyer's right of withdrawal; (a) Relating to goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller or provider, (b) regarding goods prepared in line with the consumer's wishes or personal needs, (c) regarding the delivery of goods that are perishable or may expire quickly, (c) Regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; and those whose return is not suitable for health and hygiene reasons, (d) Regarding goods that are mixed with other products after delivery and cannot be separated due to their nature, (to) Regarding books, digital content and computer consumables presented in material form, if protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods, (f) regarding the delivery of periodicals such as newspapers and magazines, other than those provided under the subscription agreement, (g) regarding the evaluation of free time for the purposes of accommodation, transportation of goods, car rental, food and beverage supply and entertainment or rest that must be done on a certain date or period, (g) regarding services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer, and (h) It does not apply to contracts regarding services that have started to be performed with the consumer's approval before the expiry of the right of withdrawal period, and the consumer Buyer cannot exercise the right of withdrawal within the scope of these contracts.

Complaint and objection procedure for Buyers who are consumers within the scope of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation:

Any complaints and objections regarding this Agreement may be made to the Consumer Problems Arbitration Board or Consumer Court at the place where the Buyer is located or where the consumer transaction is made, in accordance with the monetary limits determined by the Ministry of Trade in December each year.

1. SELLER'S RESOLUTION METHOD FOR COMPLAINTS

The Buyer may submit complaints regarding the purchased goods and/or services directly to the Seller (using the Seller's contact addresses specified under the Parties heading above). If the complaint is submitted, the Seller will provide all possible support to resolve the problem.

1. DEFAULT EVENT AND ITS LEGAL CONSEQUENCES

In the event that the Buyer defaults in the transactions made with the credit card, the cardholder will be liable to the bank within the framework of the credit card agreement made with the bank. In this case, the relevant bank may take legal action and request the expenses and attorney fees from the Buyer. In any case, in the event of the Buyer defaulting, the Buyer will be liable for all kinds of losses and damages suffered by the Seller.

1. INTELLECTUAL PROPERTY

The Buyer accepts and declares that all rights arising from the Law on Intellectual and Artistic Works (FSEK) of the special design techniques, textures, patterns, designs, drawings, design elements (icons, buttons, etc.), styles, gradients and solid color tones and all kinds of graphic designs, illustrations, drawings, designs and elements used in the design of the works and all products offered for sale on the Site belong to the Seller.

All intellectual and industrial rights and property rights regarding all kinds of information and content on the Site and their arrangement, revision and partial/full use; except those belonging to other third parties according to the Seller's agreement; belong to the Seller. All, part of the product/products purchased by the Buyer and/or any information, software or service obtained from the product cannot be changed, copied, distributed, reproduced, published, made subject to derivative works, transferred or sold. The Buyer accepts and undertakes that it will not use the product it purchased with this Agreement for illegal purposes and/or in these prohibited ways. Otherwise, all legal and criminal liabilities that may arise belong to the Buyer, and the Seller reserves all rights to claim compensation and other claims arising from such unauthorized use against all claims and demands that may be brought against the Seller by third parties or authorized authorities.

1. DISPUTE RESOLUTION

Any complaints and objections regarding this Agreement may be made to the Consumer Problems Arbitration Board or Consumer Court at the place where the Buyer is located or where the consumer transaction is made, in accordance with the monetary limits determined by the Ministry of Trade in December each year.

1. OTHER PROVISIONS

The Seller may transfer its rights and obligations arising from this Agreement to third parties without the Buyer's approval. The Buyer may not transfer its rights and obligations arising from this Agreement to third parties without the Seller's approval.

The Buyer accepts that in disputes that may arise within the scope of this Agreement, the electronic records and system records, commercial records, book records, microfilm, microfiche and computer records kept by the Seller in its own database or servers shall constitute valid, binding, definitive and exclusive evidence; that it is exempt from offering an oath to the Seller and that this article is an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure.

The occurrence of circumstances beyond the control of the Parties that prevent and/or delay the performance of the obligations undertaken by the Parties under this Agreement without any fault or negligence of the relevant Party shall be considered as force majeure. (For example, strikes, lockouts, declared or undeclared wars, civil wars, acts of terrorism, earthquakes, fires, floods, similar natural disasters, legislative and administrative acts of any official authority provided that they are not caused by the inadequacy of either Party, technical malfunctions and delays related to malfunctions and delays caused by other service providers providing internet connection, and similar circumstances are meant). The Parties shall not be held responsible for not being able to fully or timely fulfill their obligations in situations that include such and similar events that are beyond their control and that they cannot reasonably foresee. The Party whose obligations are affected by any force majeure event shall notify the other Party in writing of such situation as soon as possible and shall deliver to the other Party a document documenting the force majeure event issued by an authorized person or institution as soon as possible.

1. FORCE

This Agreement has been concluded and entered into force by being approved electronically by the Buyer on the date it was approved online. Transactions made through the Site are considered as declarations of intent binding the parties in accordance with the Turkish Code of Obligations, consumer legislation and other legislation in force.

The text of this Agreement will be sent to the e-mail address provided by the Seller immediately after its approval and will be kept by the Seller for a period of 3 (three) years. The Buyer may request access to a copy of this Agreement from the Seller by submitting a request to the e-mail address destek@goaturban.com .