Distance Sales Agreement 

1- PARTIES   

These Terms (“Agreement”) are entered into between – HEVA MODA TASARIM SAN. VE TİC. LTD. ŞTİ. Company which is subject to Turkish Law (hereinafter referred to as “HEVA” in the Agreement.) and – Buyer who buys the product from www.heva.com.tr pursuant to this contract, the (hereinafter referred to as “Buyer” in the Agreement.) HEVA and Buyer will be referred to as parties together. Agreed in the following terms and conditions: As the order takes place, the BUYER shall be deemed to have accepted all the terms of this contract.

2 – SUBJECT OF THE AGREEMENT   

The subject of this Agreement  is to determine the mutual rights and obligations of the Parties hereto regarding the purchase of the products that HEVA offers for sale via the electronic environment via the website by the Buyer and the delivery of HEVA’s related products to the delivery address specified by the Buyer.

3 – GOODS AND SERVICES ON THE WEBSITE   

I. The basic features and other information of the goods or services offered by HEVA on the website are available at www.heva.com.tr . The buyer cannot request performance from HEVA based on information not available on the website. 

II. The prices listed and announced on the website are the sales price. Announced prices and promises are valid until updated and changed. The prices announced for a period are valid until the end of the specified period. HEVA unilaterally reserves the right to grant a discount to products and services and to revoke the discount. 

III. Value added taxes, customs duties, other taxes are not included in the sales price of the goods or services subject to the contract. These taxes shall be paid by the Buyer according to the tax system and rates in the country where the Buyer is located. HEVA is not responsible for any taxes that may arise. 

IV. HEVA will deliver fully paid product to the Buyer within thirty days if available in stock.

4– MODE OF DELIVERY   

 I. HEVA will deliver the products offered for sale on the website to the BUYER through the cargo company, free from any defect or damage, within the specified period of time after the payment by the Buyer, if the stock and / or production status of HEVA is available. 

II. Taxes and delivery costs shall be paid directly by the Buyer as the prices of the products specified on the website are determined excluding taxes and delivery costs. The BUYER shall be deemed to have irrevocably accepted this article. 

III. HEVA cannot be held responsible for any problems experienced due to cargo company during the delivery of the products to the Buyer, non-delivery or the late delivery of the ordered products by the cargo company to the Buyer.

5 – RETURN AND EXCHANGE POLICY   

I. All products specified on www.heva.com.tr are customized according to the buyer’s measurements and other requests. Accordingly, orders made or to be made through www.heva.com.tr are non-exchangeable and non-returnable. The Buyer accepts and declares that he does not have the right to return and exchange in the purchases made from HEVA, which produces customized goods. 

II.  Buyer does not have the right to withdraw or terminate the contract. If the fee specified in the contract is received in the form of a prepayment and subsequently withdrawn from the contract, this prepayment will be received in the form of cancellation fee.

6 - REPRESENTATIONS AND WARRANTIES OF THE BUYER   

I. BUYER hereby accepts and declares that he is aware of the basic qualities, sale price, payment methods and delivery conditions of the product subject to this Agreement by reading all the related preliminary information available  at www.heva.com.tr website and that he confirms this preliminary information electronically. Buyer; by confirming this agreement electronically, confirms that the basic qualities, sale price excluding taxes and delivery cost of the product, payment and delivery information are obtained accurately and completely. 

II. Buyer hereby accepts and declares that he has read and understood all the preliminary information / conditions written in the contract, that he will comply with all his obligations completely and on time, that he will undertake the relevant rights and responsibilities, along with the purchase process and website shipment.

III. All intellectual property rights (information, articles, images, trademarks, logos, design and text, page layout etc. available on website) on HEVA and www.heva.com.tr are the exclusive property of HEVA. No materials from www.heva.com.tr may be modified, copied, downloaded, uploaded, reproduced, repackaged, republished, transmitted, redistributed or resold in any way, either in whole or in any part. Use of the materials contained on this website is strictly prohibited under  Law No. 5846 on Intellectual and Artistic Works. Legal and criminal sanctions related to this will be imposed directly on the Buyer. The Buyer hereby accepts, declares and undertakes that all that all intellectual and industrial rights, including  images, information, content etc. on www.heva.com.tr and rights under Industrial Property Law belong to HEVA and will not use or copy these rights for itself or third parties. 

IV. The Buyer agrees, declares and undertakes that he has read, understood and informed about the Clarification Text on Personal Data Protection Law stated in this contract and at www.heva.com.tr. The Buyer accepts, declares and undertakes that it has the consent to process the information and to share it appropriately when permitted by the Law.

7 - RIGHTS AND OBLIGATIONS OF HEVA   

I. HEVA is obliged to supply the products purchased by the Buyer fully and free from defect, on the condition that the stock is available on the website. The buyer is obliged to inspect the relevant products as soon as they receive them and give a notice of  defect within fourteen days at the latest. Otherwise, the Buyer loses its rights to remedy such defect. If the product is defective due to the customization, the product is non-returnable and non-exchangeable. However, if HEVA accepts that the product is defective, the conditions regarding the product’s modification are reserved. 

II. HEVA will supply the products that it sells online in the sizes and measurements specified by the Buyer. HEVA does not have any liability if Buyer’s measurements differ from the order date. 

III. HEVA will notify the Buyer when and how they ship the products, at the Buyer’s cost. 

IV. HEVA has the right to collect the product price by credit, debit card, money order or EFT and other methods. HEVA shall not be responsible for the errors and delays that may arise from banks and collection agents. In such a case, the Buyer may be under the obligation to pay once again. 

V. HEVA reserves the right to make changes to the website and to determine the stock unilaterally and without any justification. The buyer cannot claim rights to products that have been booked or attempted to be purchased before such change is made. 

VI. HEVA’s obligation to ship the product ends with the delivery to the cargo company  by stating Buyer’s address. At this point, HEVA is excluded from any liability in case the carrier cannot deliver the product or the persons at the Buyer’s address do not receive the product.

8 - INTELLECTUAL AND INDUSTRIAL RIGHTS AND PROTECTION OF PERSONAL DATA

I. The Parties accept, declare and undertake that rights of adaptation, reproduction, distrubition, performance and the right to Communicate the Work to Public by Devices Enabling the Transmission of Signs, Sounds and/or Images (including copyright) regarding all the products and services subject to this Agreement belong  exclusively to HEVA. 

II. Products and designs specially designed by HEVA for the Buyer will not be used, imitated, copied or made available to third parties even if they are changed by Buyer. 

III.  Along with the scope of this article, Buyer is under criminal and legal liability  within the framework of legal statute and HEVA reserves its rights to claim and action. 

IV.   The recipient has agreed to read the text of clarification and consent regarding the Personal Data Protection Law at www.heva.com.tr and agrees to process the personal data in accordance with the relevant laws.

9– FORCE MAJEURE   

HEVA is obliged to notify the Buyer if the delivery of the product subject to this contract cannot be delivered within due time due to force majeure or extraordinary situations such as adverse weather conditions preventing shipping, interruption of transportation. In this case, the Buyer can use the right to postpone the delivery period until the impending condition is over. Buyer accepts, declares and undertakes that he/she knows that he / she can only exercise his right to postpone in case of a force majeure that did not exist on the date of the contract. This situation results from the products being customized . In such a case, HEVA will send the relevant order to the Buyer after the force majeure ends.

10– OTHER PROVISIONS   

I. In the absence of any relevant provision in this contract and its annexes, the Law No. 6502 on the Protection of Consumers and the Turkish Commercial Code for trade companies and merchants shall apply. 

II.  Disputes arising from the implementation of this contract and its annexes are settled in Istanbul Central Courts. Turkish Law shall apply to the contract. 

III.  In case of dispute, HEVA’s information, documents and commercial books shall constitute definitive evidence. 

IV.  This contract consists of 10 articles and HEVA has the right to change the contract unilaterally. 

HEVA MODA TASARIM SAN. VE TİC. LTD. ŞTİ.

BUYER