This Agreement is the “Distance Sales Agreement Executed in an Electronic Environment” entered into / signed between TATIŞ EĞİTİM VE ÖĞRETİM İŞLETMECİLİĞİ TİC. VE SAN. A.Ş.–İZMİR ÖZEL TÜRK KOLEJİ (“SELLER”) and the BUYER.

This Agreement governs the rights and obligations of the parties regarding the sale and delivery to the BUYER of the product(s) (“Product/Products”) specified below, which the BUYER wishes to purchase by placing an order through the e-commerce website of the SELLER, itkstore.ozelturkkoleji.com (“WEBSITE”), including transactions carried out via the application on the BUYER’s mobile device. After the BUYER approves this Agreement on the WEBSITE, the price and related costs of the ordered Product(s) shall be collected via the payment method selected by the BUYER.

Seller:

• Trade Name: Tatış Eğitim ve Öğretim İşletmeciliği Tic. Ve San. A.Ş. –İzmir Özel Türk Koleji
  
• Address: Mithatpaşa Cad. No:687-689 Köprü Konak/İZMİR
  
• Phone/Fax: ………………… (Customer Services)
  
• MERSIS No:
  
• E-mail:

Buyer:

• Name-Surname/Trade Name:
• Address:
• Phone:
• E-mail:

The BUYER declares and accepts that, while confirming the order for the product they wish to purchase, they have entered their address and contact information in the relevant fields accurately, completely, and without omission. The SELLER cannot be held liable for any damages arising from the BUYER’s entering incorrect contact information.

The withdrawal period starts on the day the agreement is concluded for agreements related to the performance of services, and on the day the consumer or a third party designated by the consumer receives the goods for agreements related to the delivery of goods. However, the consumer may also exercise the right of withdrawal during the period from the conclusion of the agreement until the delivery of the goods.

In determining the withdrawal period: (a) for goods subject to a single order but delivered separately, the day on which the consumer or a third party designated by the consumer receives the last good; (b) for goods consisting of more than one part, the day on which the consumer or a third party designated by the consumer receives the last part; and (c) for agreements where goods are delivered regularly over a specified period, the day on which the consumer or a third party designated by the consumer receives the first good, shall be taken as the basis.

The subject of this Agreement is to regulate the rights and obligations of the parties, in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, with respect to the sale and delivery of the product(s), the qualifications and sales price of which are specified below, ordered electronically by the BUYER through itkstore.ozelturkkoleji.com, which is owned by the SELLER.

The type and kind of the products, quantity, brand/model/color, unit price(s) and total sales price, payment (collection) information, and delivery information including the delivery address notified by the BUYER are specified below. In the event that the courier company to carry out the delivery does not have a branch in the BUYER’s location, the BUYER shall collect the shipment from another nearby branch to be notified by the SELLER. Other matters related to delivery are specified in Article 5 of this Agreement below.

Delivery Information:

• Name, Surname / Title:
  
• Address:
  
• Phone:
  
• E-mail:

Invoice Information:

• Name, Surname / Title:
  
• Address:
  
• Phone:
  
• E-mail:

4. Right of Withdrawal

4.1. The BUYER has the right to withdraw from this Agreement within fourteen (14) days from the date of delivery of the Product, without providing any reason and without paying any penalty.

The withdrawal period starts on the day the agreement is concluded for agreements related to the performance of services, and on the day the consumer or a third party designated by the consumer receives the goods for agreements related to the delivery of goods. However, the consumer may also exercise the right of withdrawal during the period from the conclusion of the agreement until the delivery of the goods.

In determining the withdrawal period: (a) for goods subject to a single order but delivered separately, the day on which the consumer or a third party designated by the consumer receives the last good; (b) for goods consisting of more than one part, the day on which the consumer or a third party designated by the consumer receives the last part; and (c) for agreements where goods are delivered regularly over a specified period, the day on which the consumer or a third party designated by the consumer receives the first good, shall be taken as the basis.

4.2. However, there is no right of withdrawal, even if unused/not benefited from, for agreements relating to the following goods/services as required by law:

a) Goods prepared in line with the BUYER’s special requests or personal needs (including those customized by modifications or additions, and special Products imported/procured from within Türkiye or abroad upon the BUYER’s order) b) perishable goods such as cosmetics and chocolate or other food products that may expire c) goods such as cosmetics, swimwear, underwear, etc. whose protective elements (packaging, tape, seal, package, etc.) have been opened after delivery and whose return is not suitable for health/hygiene reasons d) goods that are mixed with other products after delivery and cannot be separated by their nature e) books, book sets, stationery sets, CD, DVD, audio and video recordings, software, and all kinds of products with digital content, as well as computer consumables, whose protective elements (packaging, tape, seal, package, etc.) have been opened; vi) all services performed instantly in an electronic environment and all intangible goods delivered instantly to the consumer f) goods or services whose price changes depending on fluctuations in financial markets and which are not under the control of the seller/provider g) periodicals such as newspapers and magazines, except those provided under a subscription agreement h) services for the evaluation of leisure time for accommodation, transportation of goods, car rental, food and beverage supply, and entertainment or recreation that must be provided on a specific date or period i) services that have started to be performed within the withdrawal period with the BUYER’s approval, and j) other goods-services generally deemed outside the scope of distance sales under the relevant legislation, as well as cases where the BUYER purchases for commercial/professional purposes.

4.3. In cases where the right of withdrawal may be exercised, the BUYER is legally responsible for any changes and deterioration occurring if the goods are not used in accordance with their operation, technical specifications, and instructions for use during the withdrawal period. Accordingly, if there is any change, deficiency, missing content, or deterioration due to the Product not being used in accordance with its instructions for use, technical specifications, and operation until the withdrawal date, the BUYER may lose the right of withdrawal; in cases accepted by the SELLER, a reduction corresponding to the change/deterioration is applied to the refundable Product price.

4.4. In cases where the right of withdrawal exists, it is sufficient that the BUYER directs an explicit notification to the SELLER within the legal 14-day period regarding the exercise of the right of withdrawal (communicated verbally/in writing to the contact addresses stated above). If this right is exercised within the period, the Product must be sent to the SELLER’s address above within a maximum of ten (10) days. If an agreed carrier is specified for product returns in the pre-contractual information, the BUYER may send the Product from any branch of the agreed carrier within or outside the BUYER’s district, and in this case no cost is charged to the BUYER. If the carrier specified in the pre-contractual information does not have a branch where the consumer is located, the SELLER is obliged to ensure collection of the goods to be returned from the consumer without requesting any additional cost.

4.5. For this return process, the Product must be delivered complete and undamaged, together with its box, packaging, and any standard accessories. In addition, due to tax legislation, besides cases where the BUYER is legally required to issue a Return Invoice, the return section stated below must be completed and signed on the invoice to be returned together with the Product. Returns of orders invoiced to corporate entities (legal persons) will not be accepted unless a Return Invoice is issued.

4.6. The address to which the Product will be returned is the address of the SELLER notified in this Agreement and in the Pre-Contractual Information.

4.7. Provided that the BUYER fulfills the requirements stated above, within 14 days from the date the withdrawal notice reaches the SELLER, the Product price and, if any, the delivery costs of the Product to the BUYER shall be refunded to the BUYER in a manner appropriate to the payment instrument used when purchasing the Product.

The BUYER’s statutory rights and obligations regarding the Products after the withdrawal period, as well as the SELLER’s contractual and statutory collection and set-off rights (including those covering any reward points, gift vouchers, and free benefits) and other rights and obligations, also remain in effect and valid.

5.1. The BUYER acknowledges, declares, and undertakes that they have read and are informed about all preliminary information regarding the basic characteristics of the product subject to the contract, its sales price, payment method, and delivery, as specified in Article 3, and that they have provided the necessary confirmation electronically.

5.2. Each product subject to the contract shall be delivered to the BUYER or to the person and/or organization at the address designated by the BUYER 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. The delivery period may be extended by 10 days, provided that the BUYER is informed in advance.

If the BUYER is not personally present at the delivery address at the time of delivery and the persons at the address do not accept the delivery, the SELLER shall be deemed to have fulfilled its obligation in this respect. In cases where there is no person at the address to receive the delivery, it is the BUYER’s responsibility to contact the cargo company and follow up on the shipment of the products. If the product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible for the absence of the recipient at the delivery address or their refusal to accept the delivery.

In such cases, all damages arising from the BUYER’s late receipt of the Product, as well as expenses incurred due to the Product being held at the cargo company and/or returned to the SELLER, shall be borne by the BUYER.

5.3. In cases where it becomes impossible for the SELLER to procure the ordered product and/or it is understood that the product cannot be supplied for any reason, the SELLER shall notify the consumer before the expiration of the performance period arising from the contract. In this case, provided that the SELLER obtains the BUYER’s verbal/written approval, the SELLER may supply another product of equal quality and price and shall be deemed to have fulfilled its obligation under the Contract in this manner. The consumer is entirely free to give or not give such approval, and if approval is not given, the order and the Contract related to the order shall be cancelled and the total amount shall be refunded to the BUYER within 14 days.

5.4. In general, and unless otherwise expressly stated, delivery costs (shipping fees, etc.) shall be borne by the BUYER. Depending on the campaigns conducted by the SELLER at the time of sale and announced on the WEBSITE, the SELLER may choose not to charge the BUYER all or part of the delivery costs. In cases where the right of withdrawal is exercised for all or part of the ordered products, if the minimum purchase amount required for the free shipping (delivery) campaign is no longer met, the full amount of the delivery/shipping fee not collected under the campaign shall be deducted from the amount to be refunded to the BUYER (if the BUYER had paid the delivery/shipping fee, such fee shall be refunded).

Likewise, in cases where the BUYER has received a discount or a free (gift) product by making a purchase at the minimum amount of any SELLER campaign, or has earned/used a gift voucher, if as a result of exercising the right of withdrawal for all or part of the ordered products the minimum amount is no longer met or the conditions for earning/using the gift voucher cease to exist, thereby violating the campaign conditions, the full amount of the discount (and, if applicable, the price of the gift product) shall be deducted from the amount to be refunded to the BUYER. If the BUYER has earned a (virtual/physical) gift voucher due to the purchase, such voucher shall be cancelled; if a (virtual or physical) gift voucher has been used, the full voucher amount shall also be deducted from the amount to be refunded to the BUYER.

These provisions shall apply equally not only in cases where the right of withdrawal is exercised, but also in all other cases where product returns occur, excluding defective products.

5.5. Unless otherwise stipulated in writing by the SELLER, the BUYER must have fully paid the price of the Product before receiving delivery. In cash sales, if the Product price is not fully paid to the SELLER prior to delivery, or in installment sales if the due installment amount is not paid, the SELLER may unilaterally cancel the contract and refrain from delivering the Product.

If, after delivery of the Product, the bank/financial institution to which the credit card used for the transaction belongs fails to pay the Product price to the SELLER or requests a refund of the amount paid, the Product shall be returned by the BUYER to the SELLER within a maximum of 3 days. If the failure to pay the Product price arises from the BUYER’s fault or negligence, the shipping costs shall be borne by the BUYER. All other contractual and legal rights of the SELLER, including the right to pursue the Product price receivable without accepting the return, are expressly reserved.

For the avoidance of doubt, in cases where the BUYER pays the sales price using a credit card, installment card, etc. obtained from banks (including financing institutions), all facilities provided by such cards constitute credit and/or installment payment facilities granted directly by the issuing institution. Accordingly, product sales where the SELLER collects the price in full or in installments do not constitute credit or installment sales between the parties to this Contract; they are deemed cash sales. The SELLER’s statutory rights in cases legally considered installment sales (including the right to terminate the contract and/or demand payment of the remaining debt together with default interest in the event of non-payment of installments) are reserved and available in accordance with the relevant legislation. In the event of the BUYER’s default, default interest shall be applied at a monthly rate as stipulated by applicable laws.

5.6. In order cancellations and contract terminations, including withdrawals in accordance with the Contract and the law, if the Product price has been collected, it shall be refunded to the BUYER within a maximum of 14 days, subject to the requirements of the rule below. The refund shall be made using a payment method appropriate to the payment instrument used by the BUYER to pay the Product price to the SELLER. For example, in credit card payments, the refund shall be made to the BUYER’s credit card, and the Product amount shall be refunded to the relevant bank within the same period following the BUYER’s cancellation of the order. Since the reflection of this amount to the BUYER’s account after it has been refunded to the bank is entirely dependent on the bank’s processing procedures, the BUYER acknowledges in advance that the SELLER cannot intervene in or assume responsibility for possible delays (as banks’ refund processes may generally take up to three weeks).

The SELLER has and reserves the rights of set-off, discount, and deduction arising from this Contract and the law with respect to the refundable amount. The BUYER’s statutory rights are also reserved and available in cases where the Contract is terminated by the BUYER due to the SELLER’s failure to perform its obligations.

5.7. If the SELLER is unable to deliver the product subject to the contract within the specified time due to force majeure events beyond the control of the parties that are unforeseeable and that prevent and/or delay the fulfillment of obligations, the SELLER shall notify the BUYER. In such a case, the BUYER has the right to request cancellation of the order from the SELLER. If the BUYER cancels the order, the product amount paid by credit card shall be refunded to the relevant bank within 14 days following the cancellation. The BUYER acknowledges, declares, and undertakes that the average process for the bank to reflect the amount refunded by the SELLER to the credit card into the BUYER’s account may take between 2 and 3 weeks, and that any delay is entirely related to the bank’s processing procedures, for which the BUYER cannot hold the SELLER responsible.

5.8. The SELLER has the right to contact the BUYER for communication, marketing, notification, and other purposes via letters, emails, SMS, push notifications, reminders, phone calls, and other means through the address, email address, landline and mobile phone numbers, and other contact information provided by the BUYER during application or later updated by the BUYER. By accepting this contract, the BUYER acknowledges and declares that the SELLER may carry out the above-mentioned communication activities.

5.9. The BUYER shall inspect the goods/services subject to the contract before delivery and shall not accept damaged or defective goods/services such as dented, broken, or torn packaging from the cargo company. Goods/services received shall be deemed to be undamaged and in good condition. After delivery, the obligation to carefully protect the goods/services belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned.

5.10. If the BUYER and the holder of the credit card used during the order are not the same person, or if a security vulnerability related to the credit card used in the order is detected before the delivery of the product to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, the credit card statement of the previous month related to the card used in the order, or a document from the card holder’s bank confirming that the credit card belongs to them. The order shall be frozen during the period until the BUYER provides the requested information/documents, and if such requests are not fulfilled within 24 hours, the SELLER shall have the right to cancel the order.

5.11. The BUYER declares and undertakes that the personal and other information provided when registering on the SELLER’s website is accurate and that the BUYER shall immediately, in cash and in full, compensate all damages incurred by the SELLER due to the inaccuracy of such information upon the SELLER’s first notification.

5.12. The BUYER accepts and undertakes in advance to comply with legal regulations while using the SELLER’s website and not to violate them. Otherwise, all legal and penal liabilities that may arise shall bind the BUYER exclusively.

5.13. The BUYER may not use the SELLER’s application in any manner that disrupts public order, violates public morals, disturbs or harasses others, for unlawful purposes, or in a way that infringes upon the material or moral rights of others. Furthermore, the BUYER may not engage in activities (spam, viruses, trojans, etc.) that prevent or hinder others from using the services.

5.14. The BUYER may submit requests and complaints regarding the Product and the sale to the SELLER verbally or in writing by contacting the SELLER through the communication channels specified in the introductory section of the Contract.

6.1. The rules and conditions set forth in the Privacy Policy, Cookie Policy, or KVKK Information Notice shall apply with respect to the protection, confidentiality, processing, use of information and personal data on the WEBSITE, as well as communications and other related matters.

6.2. Necessary measures for the security of the information and transactions entered by the BUYER on the WEBSITE are taken within the SELLER’s system infrastructure, to the extent permitted by current technical capabilities and in accordance with the nature of the information and transactions. However, since such information is entered from the BUYER’s device, the responsibility for protecting this information on the BUYER’s side and preventing access by unauthorized persons, including taking necessary precautions against viruses and similar malicious applications, lies with the BUYER.

6.3. All intellectual and industrial property rights and ownership rights relating to all information and content on the WEBSITE, as well as their arrangement, revision, and partial or complete use, belong to the SELLER, except for those belonging to third parties in accordance with the SELLER’s agreements.

6.4. The SELLER reserves the right to make any changes it may deem necessary regarding the matters stated above; such changes shall become effective as of the date they are announced by the SELLER on the WEBSITE or through other appropriate methods.

6.5. The privacy and security policies and terms of use of other websites accessed via the WEBSITE shall apply; the SELLER shall not be responsible for any disputes or adverse consequences that may arise.

• The BUYER confirms and accepts that, prior to the establishment of this Contract through its acceptance by the BUYER on the WEBSITE and before placing an order and assuming any payment obligation, the BUYER has been duly informed by viewing and reviewing all general and specific explanations provided on the relevant pages/sections of the WEBSITE regarding the following matters:
• The SELLER’s trade name, contact details, and up-to-date identifying information,
• The stages of the sales transaction for purchasing the Product(s) via the WEBSITE and the appropriate tools and methods for correcting incorrectly entered information,
• The privacy, data usage and processing rules applicable to BUYER information implemented by the SELLER, the rules regarding electronic communications with the BUYER, the permissions granted by the BUYER to the SELLER in these matters, the BUYER’s statutory rights, the SELLER’s rights, and the methods for exercising the rights of the parties,
• Any shipping restrictions imposed by the SELLER for the Products,
• The payment methods and instruments accepted by the SELLER for the Products subject to the Contract, as well as the basic characteristics and qualities of the Products and the total price including taxes (including all relevant costs and the total amount payable by the BUYER to the SELLER),
• Information regarding the procedures for delivery of the Products to the BUYER and transportation, delivery, and shipping costs,
• Other payment/collection and delivery information related to the Products and information regarding the performance of the Contract, as well as the undertakings and responsibilities of the parties in these matters,
• The Products and other goods/services for which the BUYER does not have the right of withdrawal,
• In cases where the BUYER has the right of withdrawal, the conditions, period, and procedure for exercising this right, and the fact that the BUYER will lose the right of withdrawal if it is not exercised within the prescribed period,
• In respect of Products subject to the right of withdrawal, if the Product is damaged or altered due to use contrary to the instructions for use, normal operation, or technical specifications during the withdrawal period, the BUYER’s withdrawal request may be rejected and, in any case, the BUYER shall be liable to the SELLER; in cases accepted by the SELLER, the SELLER may deduct (set off) from the refund an amount it deems appropriate based on such damage or alteration,
• In cases where the right of withdrawal exists (and other relevant cases), the manner in which the Products may be returned to the SELLER and all related financial matters (including return methods, costs, refund of the Product price, and any deductions or set-offs related to reward points, gift vouchers, free products, and other free or discounted benefits earned or used by the BUYER at the time of return),
• If the BUYER is a legal entity, it cannot exercise “consumer rights,” including the right of withdrawal, for Products purchased for commercial or professional purposes (for example, bulk purchases shall in any case be deemed to be of this nature),
• All other sales conditions included in this Contract, depending on their nature, and the fact that this Contract, after being approved and established by the BUYER on the WEBSITE, will be sent to the BUYER via electronic mail, may be stored and accessed by the BUYER for the desired period, and may also be retained by the SELLER for a period of three years,
• Practices and procedures regarding privacy, personal data, and electronic commercial communications,
• In the event of disputes, the contact information through which the BUYER may submit complaints to the SELLER, and the fact that legal applications may be made to the District/Provincial Consumer Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.
  9. Formation of the Binding Contract

  No contract regarding the provision of products or services shall be concluded between the BUYER and the SELLER until the SELLER accepts the order. After the payment transaction, a confirmation page will appear, and the order can be tracked via the “My Orders” page.

  When registering, the BUYER must provide a valid email address. This email address is requested in order to inform the BUYER about the status of the order. The SELLER shall not be liable for any damages incurred or information not received as a result of the BUYER’s failure to provide a valid and active email address.

  10. Product Availability
  All products and services available in the application are subject to availability. Accordingly, the SELLER reserves the right at any time to limit product quantities, supply only part of an order, split an order, change availability periods, and contact the BUYER as promptly as possible to inform them of the estimated dates on which the relevant products or services are expected to become available in stock.
  11. Default and Its Legal Consequences
  The BUYER acknowledges, declares, and undertakes that, in the event of default arising from transactions made by credit card, the BUYER shall pay interest in accordance with the credit card agreement entered into with the card-issuing bank and shall be liable to the bank. In such cases, the relevant bank may resort to legal remedies and may claim any resulting costs and attorney’s fees from the BUYER. In any event, should the BUYER fall into default due to non-payment of their debt, the BUYER acknowledges, declares, and undertakes to compensate the SELLER for all losses and damages incurred by the SELLER as a result of the delayed performance of the obligation.
  12. Entry into Force

  This Contract is concluded for commercial purposes. The BUYER acknowledges and declares that the BUYER has read all terms and explanations set forth in this Contract and in the pre-contractual information forming an integral part hereof (available on the WEBSITE), and that the BUYER has been informed in advance of all matters specified in Article 3 of this Contract, including but not limited to the basic characteristics and qualities of the Product(s) subject to sale, the sales price, payment method, delivery conditions, the SELLER, all other preliminary information and disclosures regarding the Product subject to sale, the right of withdrawal, and the conditions relating to personal data, electronic communications, and reward points; that the BUYER has viewed all such information electronically on the WEBSITE; and that, by providing electronic confirmation, approval, acceptance, and consent, the BUYER has ordered the Product(s) and accepted the provisions of this Contract.

  Both the aforementioned pre-contractual information and this Contract are also sent to the electronic mail (email) address provided by the BUYER to the SELLER, and such email additionally includes confirmation of receipt of the order together with the order summary.