Distance Selling Agreement

DISTANCE SALES AGREEMENT

1- PARTIES

1.1. SELLER: İLERİ ENDÜSTRİ PNÖMATİK HİDROLİK SAN. VE TİC. LTD. ŞTİ.

Address: İKİTELLİ OSB ESKOOP SANAYİ SİTESİ C1 BLOK NO: 1-3 34306 BAŞAKŞEHİR / İSTANBUL

1.2 RECEIVER: ……

Billing address

Delivery Address

2 - TOPIC

The subject of this agreement is the sale and delivery of the products, whose specifications and sales price are stated above, ordered by the BUYER from the online store ( https://biendustri.com ), and the determination of the rights and obligations of the parties in accordance with the provisions of Law No. 4077 on the Protection of Consumers and the Regulation on the Principles and Procedures for the Implementation of Distance Contracts. By accepting this agreement, the BUYER acknowledges in advance that if they confirm the order subject to this agreement, they will be obliged to pay the price of the order and any additional fees such as shipping costs and taxes, and that they have been informed of this.

3 - PRODUCTS SUBJECT TO THE AGREEMENT

The type, quantity, brand/model, color, and sales price of the products are as published on the website. You can obtain more detailed information about product specifications by clicking on them. Product prices are indexed to foreign currency, and since exchange rate differences are automatically updated, the price determined based on the exchange rate at the time of order confirmation will apply to products added to the cart. The seller is not responsible for any price difference between the product card price and the price at order confirmation due to this reason.

4 - GENERAL PROVISIONS

4.1- The BUYER acknowledges and declares that they have read and are informed about the essential characteristics of the product, the sales price, the payment method, and preliminary information regarding delivery on the Biendustri online store at https://biendustri.com , and that they have provided the necessary confirmation electronically.

4.2- The product subject to this contract will be shipped to the address specified by the BUYER within the timeframe stated in the preliminary information on the online store, provided that this period does not exceed the legal 30-day limit. Delivery times may vary depending on the product specifications and will be indicated on the product card.

4.3- If the product subject to this contract is to be delivered to a person/entity other than the BUYER, the SELLER cannot be held responsible if the recipient refuses delivery.

4.4- The SELLER is responsible for delivering the product in good condition, complete, conforming to the specifications stated in the order, and, if applicable, with warranty documents and user manuals.

4.5- Delivery of the product subject to this contract is conditional upon payment of the product price using the payment method preferred by the BUYER. If, for any reason, the product price is not paid or is cancelled in the bank records, the SELLER shall be deemed to be relieved of its obligation to deliver the product.

4.6- If, after delivery of the product, the bank or financial institution fails to pay the seller the product price due to the unauthorized or unlawful use of the buyer's credit card by unauthorized persons, not resulting from the buyer's fault, the buyer is obligated to return the product to the seller within 3 days, provided it has been delivered to the buyer. In this case, the shipping costs shall be borne by the buyer.

4.7- If the SELLER is unable to deliver the product within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or disruptions to transportation, the SELLER is obligated to inform the BUYER. In this case, the BUYER may choose one of the following options: cancellation of the order, replacement of the product with an equivalent if available, and/or postponement of the delivery until the hindering situation is resolved. If the BUYER cancels the order, the amount paid will be refunded in full within 10 days.

4.8- In case of problems with products sold with a warranty certificate, or products whose warranty is guaranteed by the seller to be contingent upon installation/assembly, the product can be sent to the SELLER for necessary repairs within the warranty terms; in this case, the shipping costs will be borne by the BUYER.

4.9- If the delivery address specified by the BUYER is a temporary or anonymous location (WAREHOUSE, ETC.), the SELLER will request an address correction from the BUYER. If the address correction is not made, the SELLER reserves the right to cancel the contract and refund the collected fee. The SELLER has the right to contact the BUYER via letter, email, SMS, telephone call and other means for communication, marketing, notification and other purposes using the address, email address, landline and mobile phone numbers and other contact information specified by the BUYER in the site registration form or subsequently updated by the BUYER. By accepting this contract, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities directed towards them.

4.9.10. The BUYER shall inspect the goods/services subject to the contract before taking delivery; they shall not accept damaged or defective goods/services from the shipping company, such as those that are dented, broken, or have torn packaging. The situation shall be documented; otherwise, the goods/services received shall be deemed to be undamaged and in good condition. The obligation to carefully protect the goods/services after delivery rests with the BUYER. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned.

4.9.11. If the BUYER and the credit card holder used during the order process are not the same person, or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the cardholder's bank confirming that the credit card belongs to them. The order will be frozen until the BUYER provides the requested information/documents, and if these requests are not met within 24 hours, the SELLER reserves the right to cancel the order.

4.9.12. The BUYER declares and undertakes that the personal and other information provided while registering on the SELLER's website is accurate and that the BUYER will immediately, in cash and in full, compensate the SELLER for all damages that the SELLER may suffer due to the inaccuracy of this information, upon the SELLER's first notification.

4.9.13. The BUYER hereby accepts and undertakes to comply with and not violate the provisions of legal legislation while using the SELLER's website. Otherwise, all legal and criminal liabilities arising therefrom shall be entirely and exclusively binding on the BUYER.

4.9.14. The BUYER may not use the SELLER's website in any way that disrupts public order, violates general morality, disturbs or harasses others, for an illegal purpose, or infringes upon the material or moral rights of others. Furthermore, members may not engage in activities that prevent or hinder others from using the services (spam, viruses, Trojan horses, etc.).

4.9.15. The SELLER's website may contain links to other websites and/or content that are not under the SELLER's control and/or are owned and/or operated by other third parties. These links are provided to facilitate navigation for the BUYER and do not constitute an endorsement of any website or the person operating that website, nor do they provide any guarantee regarding the information contained on the linked website.

4.9.16. Any member who violates one or more of the clauses in this agreement shall be personally liable, both criminally and legally, for such violation and shall hold the SELLER harmless from the legal and criminal consequences of such violations. Furthermore, in the event that the matter is brought to court due to this violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.

5 - RIGHT OF WITHDRAWAL

5.1 The BUYER has the right to withdraw from the contract within 14 days of delivery of the product to himself or to the person/organization at the address indicated. To exercise the right of withdrawal, a written notification must be sent to the SELLER by registered mail, fax, or email within 14 (fourteen) days, and the product must be unused, in accordance with the "Products for which the Right of Withdrawal Cannot Be Exercised" provisions set forth in this contract. These eligible products are separately indicated on the product card of each product.

To exercise the right of withdrawal, the BUYER must notify the SELLER by fax, email, or telephone within this period, AND if this right is exercised, it is mandatory to return the product delivered to the third party or the BUYER, along with a copy of the delivery receipt showing that the product has been sent back to the SELLER, and all original invoice copies. The product price will be refunded to the BUYER within 7 days following the receipt of these documents. The shipping cost for the product returned due to the right of withdrawal is borne by the BUYER.

When exercising the right of withdrawal;

a) The invoice for the product delivered to the third party or the BUYER. (If the invoice for the product to be returned is issued to a company, it must be sent together with the return invoice issued by the company. Returns of orders invoiced to companies cannot be completed unless a RETURN INVOICE is issued.)

b) Return form,

c) Products to be returned must be delivered complete and undamaged, including the box, packaging, and any standard accessories.

d) The SELLER is obligated to return the total amount and any documents obligating the BUYER to debt within a maximum of 10 days from the date of receipt of the cancellation notice, and to retrieve the goods within 20 days.

e) If the value of the goods decreases or return becomes impossible due to a fault of the BUYER, the BUYER is obliged to compensate the SELLER for the damages in proportion to the fault. However, the BUYER is not responsible for changes and deteriorations that occur during the proper use of the goods or product (provided that the problem arises during the installation/assembly of the product) within the withdrawal period.

f) If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount received under the campaign will be cancelled.

6 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

The right of withdrawal cannot be exercised for products that, by their nature, are stated on the product card as non-returnable. For products other than those explicitly stated on the product card as non-returnable, the right of withdrawal can only be exercised if the product's packaging is unopened, undamaged, and the product has not been used.

7- DEFAULT AND ITS LEGAL CONSEQUENCES

The BUYER acknowledges, declares, and undertakes that if they default on payment when using a credit card, they will be liable to pay interest and be responsible to the card-issuing bank in accordance with the credit card agreement between them and the bank. In this case, the relevant bank may resort to legal action; it may demand the resulting costs and attorney fees from the BUYER, and in any case, if the BUYER defaults on their debt, the BUYER acknowledges, declares, and undertakes that they will pay the SELLER for any damages and losses incurred due to the delayed performance of the debt.

8 – SECURITY AND PROCESSING OF PERSONAL DATA

Security and Processing of Personal Data

a) Personal data obtained under this Agreement shall be protected in accordance with the Law No. 6698 on the Protection of Personal Data ("the Law"), current legislation and general principles, the decisions of the Personal Data Protection Board, and the regulations and guidelines of the Personal Data Protection Authority.

b) The collection, organization, modification, storage, recording, transfer to third parties, transfer abroad, deletion, destruction, and anonymization of personal data obtained for the purpose of fulfilling this Agreement will be carried out in accordance with relevant legislation, including but not limited to these. The Seller will not transfer the personal data it obtains to any third party except in the cases specified in this Agreement, cases permitted by law, and cases listed in the Disclosure Statement provided by the Seller.

c) The SELLER shall prevent the unlawful processing and unlawful access to personal data obtained for the purpose of performing the contract. It shall take all necessary technical and administrative measures to ensure an appropriate level of security for the preservation of this personal data. Personal data shall be processed only to the extent necessary for the performance of the services subject to this contract.

9 - COMPETENT COURT

In the implementation of this agreement, Consumer Arbitration Boards and Consumer Courts in the place of residence of the BUYER or SELLER, up to the value declared by the Ministry of Industry and Trade, shall have jurisdiction. If the order is placed, the BUYER shall be deemed to have accepted all the terms and conditions of this agreement.

10 – Notifications and Complaints

BUYERS can submit their requests and complaints via the phone number listed on the online store.

11. EFFECTIVE DATE

By placing an order through the Site, the BUYER is deemed to have accepted all the terms of this agreement. The SELLER is obligated to make the necessary software arrangements to ensure that the BUYER reads and accepts this agreement on the site before the order is processed.

The BUYER acknowledges and declares that they have read and are aware of this agreement and have provided the necessary confirmation electronically.

SELLER : İLERİ ENDÜSTRİ PNÖMATİK HİDROLİK SAN. VE TİC. LTD. ŞTİ.

BUYER:

HISTORY: