Distance Sales Agreement

This Distance Sales Agreement has been translated into professional legal English, maintaining the specific terminology required for compliance with Turkish Consumer Protection Laws (Law No. 6502) and the Distance Contracts Regulation.

ARTICLE 1 – PARTIES

1.1. SELLER INFORMATION

Title: Rumitech Enerji ve Teknoloji A.Ş. Address: Reşitpaşa Mahallesi Katar Caddesi İTÜ ARI Teknokent 3 Binası No:4 İç Kapı No: 201 Sarıyer – Istanbul E-mail: info@rumitech.co Contact Person: Rumitech

1.2. BUYER INFORMATION

(This article is automatically generated by the system using the current information declared by the BUYER during the order.) Name/Surname/Title: [Buyer Name & Surname] TR ID / Tax No: [Buyer TR ID / Tax ID] Delivery Address: [Delivery Address] Billing Address: [Billing Address] Phone: [Buyer Phone] E-mail: [Buyer E-mail Address] IP Address: [Buyer IP Address] Date: [Order Date and Time]

ARTICLE 2 – SUBJECT AND SCOPE OF THE AGREEMENT

The subject of this Agreement is the determination of the mutual rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation regarding the sale and delivery of the product(s) ordered electronically by the BUYER via the SELLER’s website, whose characteristics and sales price are specified below. The BUYER accepts and declares in advance that they have been informed about the basic characteristics of the goods/services, sales price, payment method, delivery conditions, and the right of withdrawal, and that they have confirmed this preliminary information in an electronic environment.

ARTICLE 3 – PRODUCT INFORMATION, PAYMENT AND DELIVERY TERMS

3.1. Product Specifications and Price: The type, quantity, brand/model, basic features, sales price including all taxes, and shipping fee of the products consist of the information at the time the order is finalized, and this information is identically included in the invoice.

3.2. Delivery Expenses: Delivery costs (shipping fee) as a rule belong to the BUYER. If the SELLER has declared that the shipping fee will be covered by them within the scope of the campaign terms announced on the website, the delivery cost shall belong to the SELLER.

3.3. Delivery Period: Each product subject to the Agreement shall be delivered to the BUYER or the person/organization at the address indicated, within the period specified in the preliminary information section on the website, depending on the distance of the BUYER’s place of residence, provided that it does not exceed the legal 30 (thirty) day limit. If the SELLER fails to fulfill its obligation within this period, the BUYER may terminate the agreement.

ARTICLE 4 – RIGHTS AND OBLIGATIONS OF THE SELLER

  • 4.1. The SELLER is responsible for delivering the product subject to the contract in a sound, complete manner, in accordance with the specifications specified in the order, and together with warranty documents and user manuals, if any.

  • 4.2. If the SELLER cannot deliver the product within the period due to force majeure (adverse weather, transport interruption, natural disasters, war, terrorism, strikes, etc.) or extraordinary circumstances preventing transportation, they are obliged to notify the BUYER immediately. In this case, the BUYER may request the cancellation of the order, replacement with a comparable product, or postponement of the delivery until the restrictive situation disappears. If the order is canceled, the paid amount is refunded to the BUYER in full within 14 days.

  • 4.3. For the delivery of the product, it is mandatory that the product price has been transferred to the SELLER’s account in full. If the product price is not paid for any reason or is canceled in bank records, the SELLER is deemed to be released from all responsibilities arising from the delivery obligation.

  • 4.4. Based on a justified reason, the SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit consent before the performance obligation expires.

ARTICLE 5 – RIGHTS AND OBLIGATIONS OF THE BUYER

  • 5.1. The BUYER accepts, declares, and undertakes that they are over 18 years of age and that all information provided is accurate and up-to-date. The BUYER is solely responsible for all damages arising from incorrect information.

  • 5.2. The BUYER must inspect the product before receiving it. Crushed, broken, or damaged goods with torn packaging should not be received from the cargo company, and a report (damage assessment record) must be filed with the cargo official. Goods received shall be deemed undamaged and intact.

  • 5.3. If the BUYER intends to exercise the right of withdrawal after receiving the product, they must not use the product under any circumstances and must return the invoice and documents sent with the product in full.

  • 5.4. In the event that the bank does not pay the product price to the SELLER due to the unfair use of the BUYER’s credit card by unauthorized persons after delivery, the BUYER must return the product delivered to them to the SELLER within 3 days, with shipping costs belonging to the BUYER.

ARTICLE 6 – RIGHT OF WITHDRAWAL

6.1. In distance contracts relating to the sale of goods, the BUYER may exercise the right of withdrawal from the contract within 14 (fourteen) days from the date of delivery to themselves or the person/organization at the indicated address, without showing any justification and without assuming any legal or criminal liability.

6.2. To exercise the right of withdrawal, a written notification must be sent to the SELLER’s info@rumitech.com e-mail address within this 14-day period.

6.3. If the right of withdrawal is exercised:

  • a) The invoice of the product delivered to the BUYER or the third party (If the invoice of the product to be returned is corporate, it must be sent together with the “Return Invoice” issued by the institution),

  • b) The box, packaging, and standard accessories, if any, of the products to be returned must be delivered complete and undamaged.

6.4. The SELLER is obliged to refund the product price to the BUYER in a single payment and without deduction within 14 days following the receipt of the withdrawal notification.

ARTICLE 7 – EXCEPTIONS (PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED)

Unless otherwise agreed by the parties, the right of withdrawal cannot be exercised in the following contracts and product groups:

  • 7.1. Goods or services whose price changes depending on fluctuations in financial markets and which are not under the control of the SELLER.

  • 7.2. Goods prepared specifically in line with the BUYER’s requests or clearly personal needs.

  • 7.3. Regarding technological products offered by Rumitech Enerji ve Teknoloji A.Ş.; devices whose protective tapes, seals, security labels, or packaging have been opened, physically installed, hardware-operated, and integrated into a system (in cases where there is no hardware defect/fault in the product).

  • 7.4. Goods that are mixed with other products after delivery and which cannot be separated by their nature.

  • 7.5. Intangible goods performed instantly in an electronic environment, and software and digital content delivered instantly to the consumer (if the packaging/license keys have been opened or used).

ARTICLE 8 – DEFAULT AND LEGAL CONSEQUENCES

In cases where the BUYER defaults on payment transactions made by credit card, the BUYER accepts, declares, and undertakes that they will pay interest and be liable to the bank within the framework of the credit card agreement between the cardholder bank and the BUYER. In this case, the relevant bank may take legal action, and demand costs and attorney fees from the BUYER. In any case, if the BUYER defaults on their debt, the BUYER agrees to pay the damages and losses suffered by the SELLER due to the delayed performance of the debt.

ARTICLE 9 – PROTECTION OF PERSONAL DATA (KVKK) AND PRIVACY

Personal data such as name, surname, contact information, address, IP info, and device info shared by the BUYER for the performance of this Agreement are processed by the SELLER within the scope of the Law No. 6698 on the Protection of Personal Data (KVKK) for the purposes of establishing and performing the agreement, delivery of the order, execution of payment transactions, and fulfillment of legal obligations. Detailed information regarding the processing of personal data can be accessed via the Clarification Text and Privacy Policy on our website.

ARTICLE 10 – EVIDENCE AGREEMENT AND AUTHORIZED COURT

10.1. In the resolution of any dispute that may arise from this Agreement, the SELLER’s electronic records (including server records, computer, e-mail, and voice recordings) and commercial books shall constitute definitive and exclusive evidence.

10.2. In the implementation of this Agreement, Provincial or District Consumer Arbitration Committees are authorized up to the current monetary limits announced by the Ministry of Trade each year, and Consumer Courts are authorized in cases exceeding these limits, at the place where the BUYER purchased the goods/services or where their residence is located.

ARTICLE 11 – EFFECTIVENESS

This Agreement, consisting of 11 (eleven) articles, has been concluded and entered into force immediately by being read and confirmed by the BUYER in an electronic environment. In the event of the realization of the order, the BUYER is deemed to have accepted all the terms of this Agreement irrevocably.

SELLER: Rumitech Enerji ve Teknoloji A.Ş. BUYER: [Buyer Name & Surname] DATE: [Order Date]