Terms of Sale and Distance Sale Agreement

ARTICLE 1 – PARTIES

BUYER Name/Last Name/Title: Address:

ARTICLE 2 – SUBJECT OF THE AGREEMENT

The subject of this agreement is the determination of the rights and obligations of the parties in accordance with the the Law, regarding the order placed by the BUYER through the website, mobile site, or mobile application named www.bafidica.co which belongs to the SELLER. The parties declare that they understand their rights and obligations along with this agreement.

The BUYER acknowledges that they have knowledge about the basic qualities of the products subject to sale, the sale price, payment method, delivery conditions, etc., as well as all preliminary information and the right of withdrawal regarding the product subject to sale, and confirms that they have confirmed this information electronically before placing the order, and accepts and declares that they comply with the provisions of this agreement. The preliminary information and invoice on the www.bafidica.co website are integral parts of this agreement. Upon the completion of the order, the BUYER is deemed to have accepted all the conditions of this Agreement.

The type and nature of the product, quantity, brand/model, color, and the total sales price including all taxes of the product specified on the product introduction page of www.bafidica.co website and indicated on the invoice, which is an integral part of this Agreement, are as stated. The SELLER is not responsible for price update errors caused by technical reasons.

ARTICLE 3 – GENERAL PROVISIONS 3.1. The BUYER acknowledges, accepts, and undertakes that they have read the basic qualities of the product subject to the contract, the sale price, payment method, and delivery-related preliminary information on the SELLER’s website and provided the necessary confirmation electronically. The BUYER acknowledges, accepts, and undertakes that they have accurately and completely obtained the address to be given by the SELLER before the establishment of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, payment and delivery information.

3.2. Each product subject to the contract will be delivered to the BUYER or the person/entity designated by the BUYER at the address specified in the preliminary information section of the website within the period specified depending on the distance of the BUYER’s place of residence, provided that it does not exceed the legal period of 30 days. In case the product cannot be delivered to the BUYER within this period, the BUYER has the right to terminate the contract.

3.3. The SELLER undertakes to deliver the product subject to the contract in compliance with the technical specifications, complete, in accordance with the specifications indicated in the order, and, if available, with warranty documents, user manuals, and other necessary information and documents, and to perform the work in accordance with the legal requirements free from any defects, in a manner consistent with the standards, with accuracy and integrity, and to maintain and improve the quality of the service, to exercise the necessary care and diligence during the performance of the work, and to act with caution and foresight, accepting, declaring, and undertaking this, excluding any kind of defect.

3.4. The SELLER, with the explicit approval of the BUYER and by informing the BUYER before the expiry of the performance obligation arising from the contract, may supply a different product of equal quality and price.

3.5. In the event that the SELLER cannot fulfill its contractual obligations due to force majeure events, which are circumstances beyond the control of the parties and prevent or delay the fulfillment of their obligations, and that were not foreseeable at the time of the conclusion of the contract, the SELLER accepts, declares, and undertakes that it will notify the BUYER of this situation and refund the total amount to the BUYER.

3.6. The BUYER accepts, declares, and undertakes that if they fail to confirm this Agreement electronically for the delivery of the product subject to the contract, and if the price of the product subject to the contract is not paid or canceled in the bank records, the SELLER’s obligation to deliver the product subject to the contract will be terminated.

3.7. In the event that the credit card of the BUYER is used unauthorized by third parties resulting from the delivery of the product subject to the contract to the BUYER or the person/entity designated by the BUYER after the delivery, in case the total price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution, the BUYER accepts, declares, and undertakes to return the product subject to the contract to the SELLER within 3 days, with the shipping costs to be borne by the SELLER.

3.8. In the event that the SELLER is unable to deliver the product subject to the contract within the specified period due to force majeure events, which are circumstances beyond the control of the parties and prevent or delay the fulfillment of their obligations, the SELLER accepts, declares, and undertakes to notify the BUYER of this situation. The BUYER has the right to request the cancellation of the order, the replacement of the product subject to the contract with a similar one, if any, and/or the postponement of the delivery period until the obstacle preventing the performance is removed. In case the BUYER cancels the order, in payments made with a credit card, the amount of the product will be refunded after the cancellation of the order by the BUYER. The BUYER acknowledges, accepts, and undertakes that the average period for the reflection of the refunded amount to the BUYER’s accounts after the refund is made to the credit card by the SELLER, which is entirely related to the bank transaction process, may take 2 to 3 weeks and that the SELLER cannot be held responsible for possible delays.

3.9. The SELLER has the right to reach the BUYER through mail, email, SMS, telephone calls, 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 during the membership process or updated by the BUYER later. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the above-mentioned communication activities.

3.10. The BUYER will inspect the product before receiving it and will not accept damaged or defective products (such as products with dents, fractures, torn packaging, etc.) from the shipping company. The product delivered will be deemed to be undamaged and intact. If the right of withdrawal is to be exercised, the product must not be used. The invoice must be returned.

3.11. The BUYER declares and undertakes that the personal and other relevant information provided to the SELLER’s website during registration is accurate, and in case of any discrepancy in this information that causes any damages to the SELLER, the BUYER will compensate the SELLER immediately, in cash and without delay, upon the SELLER’s first notification.

3.12. The BUYER agrees and undertakes to comply with the legal regulations and not to violate them while using the SELLER’s website. Otherwise, all legal and criminal liabilities arising from such violations will be solely and exclusively binding on the BUYER.

3.13. The BUYER shall not use the SELLER’s website in any way that disturbs public order, violates general morality, harasses or bothers others, or violates the rights, both material and spiritual, of others in an unlawful manner. In addition, the member shall not engage in any activities that prevent or hinder others from using the services (such as spam, virus, Trojan horse, etc.).

3.14. Links to other websites owned and operated by third parties, which are not under the control of the SELLER, may be provided through the SELLER’s website. These links are provided for the convenience of the BUYER and do not imply endorsement of any website or the person operating that site, nor do they imply any guarantee for the information contained in the linked website.

3.15. The member who violates one or more of the provisions listed in this agreement shall be personally responsible for such violation in terms of criminal and legal consequences, and shall hold the SELLER harmless from the legal and criminal consequences of such violations. In addition, in the event that the matter is referred to the legal domain due to such violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.

Article 4 – RIGHT OF WITHDRAWAL The BUYER has the right of withdrawal without assuming any legal or criminal liability and without stating any reasons within 14 (fourteen) days from the delivery of the product to themselves or to the designated person/organization at the address. The right of withdrawal can be exercised by creating a return request for the relevant order on www.bafidica.co within 14 (fourteen) days from the delivery of the product. This request can also be made in writing or verbally to the SELLER via telephone, fax, or e-mail. The expenses arising from the exercise of the right of withdrawal shall be borne by the BUYER. By accepting this agreement, the BUYER acknowledges that they have been informed about the right of withdrawal. Right of withfrawal and canlelation and return of an order cannot be used if ordered item is,

Customized or personalized products
Perishable products (such as food or flowers)
Digital products
Personal care, cosmetics, etc. products (for health/hygiene reasons)
Products that can be mixed with other products after delivery
Works started with the approval of the BUYER before the expiration of the right of withdrawal, and the products, goods, or services related to it

Exercise of the Right of Withdrawal and Return

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

b) Return information,

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

After the return product reaches the SELLER undamaged and complete, and is received by the SELLER, the amount paid by the BUYER will be refunded to the BUYER.. Any costs related to a return is BUYER responsability and can be deducted from the refund amount. Shipping costs or any taxes are included in this “return related costs” category.

Refund amounts will be reimbursed with the payment method used during the order. In the case of using a credit card, the refund amounts related to the purchases will be credited to the BUYER’s credit card account. The rules of the relevant bank apply to refund transactions made to credit cards. The BUYER acknowledges that the procedures and timelines of the bank regarding credit card refunds are outside the responsibility of the SELLER. If the BUYER does not exercise the right of withdrawal within 14 days after delivery, they will lose the right of withdrawal.

Article 5 – PRODUCTS THAT CANNOT BE SUBJECT TO WITHDRAWAL, RETURN, REFUND

Customized or personalized products
Perishable products (such as food or flowers)
Digital products
Personal care, cosmetics, etc. products (for health/hygiene reasons)
Products that can be mixed with other products after delivery
Works started with the approval of the BUYER before the expiration of the right of withdrawal, and the products, goods, or services related to it

Article 6 – BUYER’S DEFAULT If the BUYER defaults on payment transactions made with a credit card, the BUYER acknowledges, declares, and undertakes that they will pay interest in accordance with the credit card agreement between the cardholder bank and themselves, and they will be liable to the bank. In this case, the relevant bank may resort to legal remedies, may demand the expenses and attorney’s fees from the BUYER, and in any case, in the event of the BUYER defaulting on their debt, the BUYER acknowledges, declares, and undertakes that they will compensate the SELLER for the damages incurred by the SELLER due to the delayed performance of the debt.

Article 7 – COMPETENT COURT For the resolution of any disputes arising from the application of this agreement, Turkey Istanbul (Central) Courts have jurisdiction.

By confirming the order, the BUYER is deemed to have accepted all the terms and extensions of this agreement.