FX-CARD Distance Sales Agreement Disstance Sales Agreement SIDES SALES PERSON: Title : Ahtapot Holding. Address : Kırcaali Mh. Kayalı Sk. Ortaklar İş Merkezi K.5 D.37 Osmangazi / Bursa Phone : 0224 322 07 71 +90 224 322 07 71 1.2 BUYER: Within the scope of this contract, the BUYER is the person who places an order on the website www.fxcard.com.tr. The address and contact information of the BUYER used when registering or placing an order will be taken as basis. 2. SUBJECT 2.1. The subject of this contract is the Law No. 6502 on the Protection of Consumers and the Application of Distance Agreements regarding the sale and delivery of the products with the qualifications mentioned in the contract, which the BUYER has ordered electronically from the SELLER's www.fxcard.com.tr website. It is the determination of the rights and obligations of the parties in accordance with the provisions of the Regulation on Principles and Procedures. 2.2. The BUYER, basic characteristics of the products subject to sale, sales price, payment method, delivery conditions, etc. It accepts and declares that it has knowledge of all preliminary information and the right of withdrawal about the product subject to sale, confirms this preliminary information and the contract electronically, and then orders the product, in accordance with the provisions of this contract. 2.3. The preliminary information on the www.fxcard.com.tr site and the invoice and delivery note issued on the order given by the BUYER are integral parts of this contract. 2.4. This contract becomes valid after the BUYER gives the necessary confirmation in electronic form regarding the order of the product. 3. DELIVERY OF THE PRODUCT, PLACE OF CONTRACT AND DELIVERY METHOD 3.1. The product requested by the BUYER to be delivered, determined by the BUYER. It will be delivered to the address of ………..…………………… by the courier company official. 3.2. The type and type, quantity, brand/model, sales price, payment method, delivery person, delivery address, invoice information of the product/products purchased electronically are as written in the section where the BUYER has placed the order. The person to be invoiced and the person making the contract must be the same. The BUYER accepts to fully cover the damages that may arise from the situations where this information is not correct or incomplete, and also the BUYER accepts any responsibility that may arise from these situations. 3.3. The SELLER reserves the right to stop the order when it is determined that the information given by the BUYER does not correspond to the reality, when it deems necessary. The SELLER has the right to freeze the execution of the order for 15 (fifteen) days if it cannot reach the BUYER from the telephone, e-mail and postal addresses given by the BUYER in cases where it detects a problem with the order. The BUYER is expected to contact the SELLER regarding the issue during this period. If no response is received from the BUYER within this period, the SELLER has the right to cancel the order so that both parties are not harmed. 4. DELIVERY COSTS AND PERFORMANCE 4.1. Once the order confirmation mail is sent, the stock is available, and the product price is transferred to the SELLER's account, the product/products are delivered to the SELLER's contracted cargo company. The SELLER delivers the product within 5 days from the order. This period can be extended by a maximum of 30 (thirty) days, provided that the BUYER is notified in writing or with a continuous data carrier. 4.2. The product/products will be delivered to the BUYER's address with the SELLER's contracted cargo. Delivery costs belong to the Buyer. Even if the BUYER is not present at the time of delivery, the SELLER shall be deemed to have fulfilled its performance fully and completely. 4.3. 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 be delivered does not accept the delivery. For this reason, all kinds of damages arising from the late delivery of the product by the BUYER and the expenses incurred due to the product waiting in the cargo company and / or the return of the cargo to the SELLER belong to the BUYER. 4.4. The products are sent to the regions where the cargo company does not deliver to the address by telephone notice. 4.5. If the SELLER cannot deliver the product subject to the contract in due time due to extraordinary circumstances such as commercial impossibility, unexpected circumstances, force majeure or weather conditions that prevent transportation, interruption of transportation, the situation will be reported to the BUYER in writing within 3 (three) days from the date of learning. or with the permanent data logger. In this case, the BUYER may use one of the rights to cancel the order, replace the product subject to the contract with its precedent, if any, and/or postpone the delivery time until the obstacle is removed. If the BUYER cancels the order, the amount paid is returned to him within 14 (fourteen) days. 4.6. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product. 5. BUYER'S STATEMENTS AND COMMITMENTS 5.1. The BUYER accepts and undertakes to fulfill the obligations imposed on him in the contract, except for force majeure. 5.2. The BUYER accepts and undertakes that he/she is deemed to have accepted the terms of this contract by placing an order and that he/she will make the payment in accordance with the payment method specified in the contract. 5.3. The BUYER, on the website www.fxcard.com.tr, the name, title, full address, telephone and other access information of the SELLER, the basic characteristics of the goods subject to sale, the sales price including taxes, payment method, delivery conditions and costs, etc. Acknowledging and declaring that he/she has clear, comprehensible and internet-friendly information about all preliminary information about the goods subject to sale and the exercise of the right of "withdrawal" and how this right can be exercised, the official authorities to which they can submit their complaints and objections, and confirms this preliminary information electronically. it does. 5.4. Depending on the previous article, the BUYER has read and informed about the order/payment/use procedure information of www.fxcard.com.tr, which includes the product order and payment conditions, product usage instructions, precautions taken against possible situations and warnings, and gives the necessary confirmation in electronic environment. declares. 5.5. The BUYER examines the product subject to the contract before receiving it and finds out that it is broken, dented, the packaging is torn, etc. He should not take delivery of the damaged and defective product from the cargo company and keep a report to the cargo company representative. If the courier company official thinks that the package is not damaged, the BUYER has the right to open the package and check that the product/products were delivered undamaged and to request that the situation be determined with a report. The product is received shall be deemed to be undamaged and intact. The responsibility of carefully protecting the product after delivery belongs to the BUYER. If the package is not accepted and a report is kept, the situation should be reported to the SELLER's Customer Services as soon as possible with the copy of the report remaining in the BUYER. 5.6. The BUYER accepts that the delivery made to the address indicated and to the person present at this address at the time of delivery shall be deemed as the delivery made to the BUYER. 5.7. If the right of withdrawal is to be exercised, it must be returned with the invoice and delivery note. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned to the BUYER. 6. SELLER'S STATEMENTS AND COMMITMENTS 6.1. 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 and user manuals, if any, except for force majeure, in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on the Implementation Principles and Procedures of Distance Contracts. 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 be delivered does not accept the delivery. 6.2. The SELLER accepts that, in accordance with Article 10 of this contract, the BUYER has the right to withdraw from the contract by rejecting the product within 14 (fourteen) days from the date of receipt of the product or signing the contract, without undertaking any legal and criminal liability and without giving any reason. 6.3. Persons under the age of 18 (eighteen) cannot shop at www.fxcard.com.tr. The SELLER shall base the BUYER's age specified in the contract as correct. However, the SELLER cannot be held responsible in any way due to the BUYER's incorrect age. 6.4. The SELLER may, for justified reasons, supply the product with equal quality and price to the BUYER before the expiry of the performance period in the contract. If the SELLER thinks that the delivery and performance of the product has become impossible, it must notify the BUYER before the performance period of the contract expires. In this case, the BUYER may use one of the rights to cancel the order, replace the product subject to the contract with its precedent, if any, and/or postpone the delivery time until the obstacle is removed. If the BUYER cancels the order, the price paid and the documents, if any, are returned within 14 (fourteen) days. 6.5. You can shop with a credit card at www.fxcard.com.tr. Orders that are not paid within 1 day from the order date will be cancelled. The processing time of orders is not the moment the order is placed, but the moment the required collection is made from the credit card account. Payment methods such as cash on delivery without contacting customer service are not accepted. 7. FEATURES OF THE CONTRACTED PRODUCT 7.1. The type and type, quantity, brand/model, color and sales price including all taxes of the product are as stated in the information on the promotion page of the product on the website www.fxcard.com.tr and on the invoice, which is considered an integral part of this contract. 7.2. The SELLER is not responsible for price errors caused by technical reasons and system errors. Accordingly, the SELLER is not responsible for the promotion and price errors that may arise due to the system, design or illegal interventions on the website. The BUYER cannot claim from the SELLER based on system errors. 8. ORDER AND PAYMENT PROCEDURE 8.1. The cash price of the product is included in the invoice content. If a forward sale is made, the sale price is included in the invoice content according to the maturity made to the sale price. 8.2. The BUYER is liable to the bank he works with in accordance with Article 9. 8.3. The down payment amount of the product is available in the invoice content. 8.4. The TL amount of the products added to the shopping cart including VAT (total installment amounts in installment transactions) is processed through the POS of the relevant bank card after approval by the BUYER. For this reason, an order confirmation e-mail is sent to the customer before the orders are shipped. No shipment can be made before the order confirmation e-mail is sent. 8.5. After the delivery of the product, if the bank or financial institution fails to pay the product price to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons, not due to the BUYER's fault, within 10 (ten) days. It is obligatory to send it to the SELLER on the condition that the transportation costs belong to him. 9. PAYMENT PLAN 9.1. Since the forward sales are made only with credit cards belonging to banks, the BUYER accepts that he will confirm the relevant interest rates and default interest separately from his bank, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the bank and the BUYER, in accordance with the provisions of the legislation in force, declares and undertakes. 9.2. In installment transactions, the relevant provisions of the contract signed between the BUYER and the cardholder bank are valid. The credit card payment date is determined by the contract between the bank and the BUYER. The BUYER can also track the number of installments and payments from the bank statement sent by the bank. 10. RIGHT OF WITHDRAWAL 10.1. In order for the BUYER to benefit from the right of withdrawal; the sale made is based on a sales contract within the scope of the Law No. 6502 on the Protection of the Consumer; The return must be made within 14 (fourteen) days from the delivery of the purchased product, with its box, packaging, standard accessories, if any, complete and undamaged, without giving any reason and without paying any penalty. If the card is purchased with your own logo or name and surname printed on it. The card cost and printing costs are deducted and the refund is made. 10.2. In order for the returns to take place, the BUYER must first fill out the return section at the bottom of the invoice. Return requests made without completing this section will not be accepted. In case this right is exercised, it is obligatory to return the invoice for the product delivered to the 3rd person or the BUYER. 10.3. If the BUYER exercises its right of withdrawal, the SELLER shall return the product price and any documents that put the BUYER under debt within 14 (fourteen) days from the receipt of the notice regarding the right of withdrawal to the BUYER, and the BUYER shall return the product within 10 days. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned to the BUYER. 10.4. The time of reflection of refunds made to credit cards to credit card accounts is at the discretion of the relevant bank. 10.5. If the purchase is made with a credit card and in installments, the refund procedure to the credit card will be applied as follows: If the BUYER has sent the purchase request for the product in installments, the bank makes the repayment to the BUYER in installments. After the SELLER pays the entire product price to the bank at once, in case the installment expenditures made from the bank POS are returned to the BUYER's credit card, the requested refund amounts are transferred by the bank to the bearer's accounts in installments so that the parties involved do not become victims. The installment amounts paid by the BUYER until the cancellation of the sale, if the refund date and the card's account cut-off dates do not coincide, 1 (one) refund will be reflected on the card each month, and the BUYER will pay the installments before the refund for another month, equal to the number of installments he has paid before the return, after the installments of the sale are over. receivables and will be deducted from existing debts. In the event of the return of goods and services purchased with a card, the SELLER cannot pay the BUYER in cash in accordance with the contract it has made with the bank. In the event of a return transaction, the member workplace, namely the SELLER, will make the refund through the relevant software, and since the member workplace, the SELLER, is obliged to pay the relevant amount to the bank in cash or as a deduction, no cash payment is made to the BUYER in accordance with the procedure detailed above. The refund to the credit card will be made by the bank in accordance with the above procedure after the BUYER pays the bank the amount at once. 10.6. If there is a decrease in the value of the goods due to the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's loss at the rate of the defect. 11. RETURN TERMS FOR SPECIAL PRODUCTS 11.1. If the product purchased by the BUYER is a phone, the protection band on the screen of the product has not been removed, any scratches, damage etc. on the screen and other parts of the phone. should not be. All accessories of the phone must be sent in their original packages, completely and undamaged. 11.2. In cases where the protective elements such as packaging, tape, seal, package have been opened after delivery, products that require one-to-one contact with the body during use by the BUYER, which are not suitable for return in terms of health and hygiene (earphones, etc.), disposable products and similar products are defective / defective are among the products whose right of withdrawal cannot be exercised due to their nature. 11.3. The right of withdrawal cannot be exercised in the products that are produced in line with the special requests and personal needs of the BUYER or that have been personalized by making changes or additions.” 12. CASE OF DEFERRED AND LEGAL CONSEQUENCES In the event that the BUYER defaults on his credit card transactions, the cardholder will pay interest within the framework of the credit card agreement made with him by the bank and be liable to the bank. In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the BUYER, and in any case, in the event that the BUYER defaults due to its debt, the BUYER agrees to pay the loss and damage of the SELLER due to the delayed performance of the debt. 13. WARRANTY The warranty responsibility of the SELLER is valid only for the consumers covered by the Law No. 6502 on the Protection of Consumers. For commercial works, the provisions of the Turkish Commercial Code shall apply. 14. COMPETENT COURT In the implementation of this Agreement, Consumer Problems Arbitration Committees and Consumer Courts in the BUYER's or SELLER's settlement are authorized up to the value declared by the Ministry of Customs and Trade. The parties can make their applications regarding their complaints and objections to the arbitral tribunal or the consumer court, within the monetary limits determined by the Ministry of Customs and Trade every year in December, for consumer problems in the place where the consumer buys the goods or services or where he or she resides. 15. PRIVACY The information provided by the BUYER to the SELLER in order to make payment with the information specified in this contract will not be shared with third parties by the SELLER. The SELLER will only be able to disclose this information within the framework of the existence of an administrative/legal obligation. If the SELLER has the requested information within the scope of any judicial investigation with documented research capacity, it may provide it to the relevant authority. Credit card information is never stored. Credit card information is only securely transmitted to banks during the collection process and used for provisioning, and is deleted from the system after provision. The e-mail address, postal address and telephone information of the BUYER are only used by the SELLER for standard product delivery and information procedures. In some periods, campaign information, information about new products, promotional information may be sent to the BUYER after its approval. 16. ENFORCEMENT In the event that the payment for the order placed on the site is realized, the BUYER shall be deemed to have accepted all the terms of this contract. The SELLER is obliged to make software arrangements to ensure that the contract in question cannot be placed on the site without obtaining the confirmation that it has been read and accepted by the BUYER. SIDES SALES PERSON Ahtapot Holding. BUYER History