Distance Sales Agreement

1. PARTIES

This Agreement has been signed between the following parties within the framework of the terms and conditions specified below.

1. 'BUYER'; (hereinafter referred to as "BUYER" in the agreement)

The person who registers as a member of the www.hayfene.com shopping site as a customer or who shops without registration.

The name, address, and contact information used while becoming a member or shopping without registration shall be taken as the basis.

2. 'SELLER'; (hereinafter referred to as "SELLER" in the agreement)

TITLE: Ucuzcular Gıda Mad. San. ve Tic. A.Ş.
ADDRESS: Mısır Çarşısı İçi No 51 Eminönü/Fatih/İstanbul

By accepting this agreement, the BUYER acknowledges, declares, and undertakes in advance that if they confirm the order subject to the contract, they will come under the obligation to pay the order price and specified additional fees such as shipping fees and taxes, if any, and that they have been informed about this matter.

2. DEFINITIONS

In the implementation and interpretation of this agreement, the terms written below shall express the explanations written across from them.

MINISTER: The Minister of Customs and Trade,

MINISTRY: The Ministry of Customs and Trade,

LAW: The Consumer Protection Law No. 6502,

REGULATION: The Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),

SERVICE: The subject of any consumer transaction other than providing goods, performed or committed to be performed in return for a fee or benefit,

SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities, or acts on behalf of or on account of the provider of goods,

BUYER: A natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,

SITE: The website belonging to the SELLER,

ORDERER: A natural or legal person who requests a good or service through the website belonging to the SELLER,

PARTIES: The SELLER and the BUYER,

AGREEMENT: This agreement concluded between the SELLER and the BUYER,

GOODS: Refers to movable properties subject to shopping, and intangible goods such as software, audio, video, and similar prepared to be used in electronic environment.

3. SUBJECT

This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the product whose specifications and sales price are specified below, ordered electronically by the BUYER through the SELLER's website.

The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until an update or change is made. Prices announced for a limited period are valid until the end of the specified period.

4. SELLER INFORMATION

Title: Ucuzcular Gıda Mad. San. ve Tic. A.Ş.
Address: Mısır Çarşısı İçi No 51 Eminönü/Fatih/İstanbul
Telephone: +90 212 528 28 97
Fax: +90 212 528 28 96
E-mail: [email protected]

5. BUYER INFORMATION

The person who registers as a member of the www.hayfene.com shopping site as a customer or who shops without registration.

The address and contact information used while becoming a member or shopping without registration shall be taken as the basis.

6. ORDERER INFORMATION

The person who registers as a member of the www.hayfene.com shopping site as a customer or who shops without registration.

The address and contact information used while becoming a member or shopping without registration shall be taken as the basis.

7. INFORMATION ON THE PRODUCT/PRODUCTS SUBJECT TO THE AGREEMENT

1. The basic features of the Goods/Product/Products/Service (type, quantity, brand/model, color, number) are published on the website belonging to the SELLER. If a campaign has been organized by the Seller, you can examine the basic features of the relevant product during the campaign period. It is valid until the campaign date.

7.2. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until an update or change is made. Prices announced for a limited period are valid until the end of the specified period.

7.3. The sales price of the goods or services subject to the agreement, including all taxes, is shown below.

Payment Type and Plan

Delivery Address

Recipient Person

Billing Address

Order Date

Delivery Date

Delivery Type

The information specified in this article becomes finalized according to the order placed by the BUYER.

7.4. The shipping fee, which is the product delivery cost, will be paid by the BUYER.

8. INVOICE INFORMATION

The address and contact information used while becoming a member or shopping without registration shall be taken as the basis.

Invoice delivery: The invoice will be delivered to the billing address together with the order
during order delivery.

9. GENERAL PROVISIONS

9.1. The BUYER acknowledges, declares, and undertakes that they have read and informed themselves about the preliminary information regarding the basic characteristics, sales price, payment method, and delivery of the product subject to the contract on the SELLER's website, and that they have given the necessary confirmation in the electronic environment. The BUYER acknowledges, declares, and undertakes that by confirming the Preliminary Information in electronic environment, they have obtained the address to be given to the BUYER by the SELLER before the conclusion of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, and the payment and delivery information correctly and completely.

9.2. Each product subject to the contract shall be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER 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 period of 30 days. In the event that the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.

9.3. The SELLER acknowledges, declares, and undertakes to deliver the product subject to the contract complete, in accordance with the specifications specified in the order, and with warranty documents, user manuals, and information and documents required by the business, if any, to perform the work free from any defects in a sound manner in accordance with the requirements of the legal legislation, in line with the principles of accuracy and honesty, to maintain and increase the service quality, to show the necessary attention and care during the execution of the work, and to act with prudence and foresight.

9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and explicitly obtaining their approval before the performance obligation arising from the contract expires.

9.5. In the event that the performance of the product or service subject to the order becomes impossible and the SELLER cannot fulfill its obligations under the contract, the SELLER acknowledges, declares, and undertakes that it will notify the consumer in writing within 3 days from the date it learns about this situation, and that it will refund the total price to the BUYER within a period of 14 days.

9.6. The BUYER acknowledges, declares, and undertakes that they will confirm this Agreement in electronic environment for the delivery of the product subject to the contract, and that if the price of the product subject to the contract is not paid for any reason and/or is canceled in bank records, the SELLER's obligation to deliver the product subject to the contract will terminate.

9.7. The BUYER acknowledges, declares, and undertakes that after the delivery of the product subject to the contract to the BUYER or the person and/or organization at the address indicated by the BUYER, if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the credit card belonging to the BUYER by unauthorized persons, the BUYER shall return the product subject to the contract to the SELLER within 3 days, with the shipping expenses belonging to the SELLER.

9.8. The SELLER acknowledges, declares, and undertakes that if it cannot deliver the product subject to the contract within the due period due to force majeure events such as the occurrence of situations that develop outside the will of the parties, are unpredictable, and prevent and/or delay the parties from fulfilling their debts, it will notify the BUYER of the situation. The BUYER also has the right to request from the SELLER the cancellation of the order, the replacement of the product subject to the contract with its precedent, if any, and/or the postponement of the delivery period until the preventive situation disappears. In case of cancellation of the order by the BUYER, for payments made by the BUYER in cash, the product amount shall be paid to them in cash and in lump sum within 14 days. For payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER acknowledges, declares, and undertakes that the average process for the bank to reflect the amount returned to the credit card by the SELLER to the BUYER's account may take 2 to 3 weeks, and since the reflection of this amount to the BUYER's accounts after its return to the bank is entirely related to the bank transaction process, the BUYER cannot hold the SELLER responsible for possible delays.

9.9. The SELLER has the right to reach the BUYER for communication, marketing, notification, and other purposes via letter, e-mail, SMS, telephone calls, and other means through the address, e-mail address, landline and mobile telephone lines, and other contact information specified by the BUYER in the registration form on the site or updated by them later. By accepting this contract, the BUYER acknowledges and declares that the SELLER may engage in the above-mentioned communication activities towards them.

9.10. The BUYER shall inspect the goods/services subject to the contract before receiving them; they shall not receive damaged and defective goods/services such as dented, broken, torn packaging, etc., from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services must not be used. The invoice must be returned.

9.11. If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability regarding the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may request the BUYER to submit the identity and contact information regarding the credit card holder, the statement of the credit card used in the order for the previous month, or a letter from the cardholder's bank stating that the credit card belongs to them. The order will be frozen for the period until the BUYER provides the requested information/documents, and if the said demands are not met within 24 hours, the SELLER has the right to cancel the order.

9.12. The BUYER declares and undertakes that the personal and other miscellaneous information provided while becoming a member of the SELLER's website is in accordance with the truth, and that they will compensate all damages that the SELLER will incur due to the untruthfulness of this information immediately, in cash and in lump sum upon the first notification of the SELLER.

9.13. The BUYER accepts and undertakes from the beginning to comply with the legal legislation provisions and not to violate them while using the website belonging to the SELLER. Otherwise, all legal and penal obligations that may arise will bind the BUYER completely and exclusively.

9.14. The BUYER cannot use the website belonging to the SELLER in any way that disrupts public order, violates general morality, disturbs and harasses others, for an illegal purpose, or in a way that infringes on the material and moral rights of others. In addition, members cannot engage in activities (spam, virus, trojan horse, etc.) or transactions that prevent or make it difficult for others to use the services.

9.15. Through the website belonging to the SELLER, links can be given to other web sites and/or other contents that are not under the control of the SELLER and/or owned and/or operated by other third parties. These links are placed to provide ease of orientation to the BUYER and do not support any website or the person operating that site, and do not constitute any guarantee for the information contained in the linked website.

9.16. The BUYER, who is defined by the SELLER in the wholesale customer member group on the system, acknowledges and declares that they will use the cargo companies defined on the site to include the phrase "Wholesale Cargo" in their purchases. If they use one of the defined cargo companies that do not include the phrase "Wholesale Cargo", they acknowledge and declare that they will pay the shipping fee to the cargo company themselves.

9.17. The member who violates one or more of the articles counted in this agreement shall be personally liable criminally and legally due to this violation, and shall keep the SELLER free from the legal and criminal consequences of these violations. In addition; due to this violation, in the event that the incident is referred to the legal field, the SELLER reserves the right to claim compensation against the member due to non-compliance with the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1. In the event that the distance contract relates to the sale of goods, the BUYER may exercise their right to withdraw from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery to themselves or to the person/organization at the indicated address, without assuming any legal or criminal liability and without showing any justification, provided that they notify the SELLER. In distance contracts regarding service provision, this period starts from the date the contract is signed. The right of withdrawal cannot be used in service contracts where the performance of the service has started with the approval of the consumer before the expiry of the right of withdrawal period. Costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.

10.2. In order to exercise the right of withdrawal, a written notification must be made to the SELLER by registered mail, fax, or e-mail within a 14 (fourteen) day period, and the product must not have been used within the framework of the "Products for which the Right of Withdrawal Cannot Be Used" provisions regulated in this contract. If this right is exercised:

a) The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product requested to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of institutions cannot be completed unless a RETURN INVOICE is issued.)

b) Return form,

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

d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notification, and to receive the goods back within a 20-day period.

e) If there is a decrease in the value of the goods or if the return becomes impossible due to a reason arising from the BUYER's fault, the BUYER is obliged to compensate the damages of the SELLER in proportion to their fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the goods or products within the right of withdrawal period.

f) In the event that the campaign limit amount organized by the SELLER falls below due to the use of the right of withdrawal, the discount amount utilized within the scope of the campaign shall be canceled.

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

Pursuant to the Regulation, it is not possible to return goods prepared in line with the BUYER's requests or explicitly personal needs and which are not suitable for return, underwear bottoms, swimwear and bikini bottoms, makeup materials, single-use products, goods that are in danger of spoiling quickly or that are likely to expire, products whose packaging has been opened by the BUYER after delivery and are not suitable for return in terms of health and hygiene, products that mix with other products after delivery and cannot be separated due to their nature, goods relating to periodicals such as newspapers and magazines other than those provided under a subscription agreement, services performed instantly in electronic environment or intangible goods delivered instantly to the consumer, as well as audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if their packaging has been opened by the BUYER. In addition, pursuant to the Regulation, it is not possible to exercise the right of withdrawal regarding services whose performance has started with the approval of the consumer before the right of withdrawal period expires.

In order for cosmetics and personal care products, underwear products, swimwear, bikinis, books, reproducible software and programs, DVDs, VCDs, CDs, and cassettes, as well as stationery consumables (toner, cartridge, ribbon, etc.) to be returned, their packaging must be unopened, untested, intact, and unused.

12. STATUS OF DEFAULT AND LEGAL CONSEQUENCES

The BUYER acknowledges, declares, and undertakes that if they fall into default in the event that they make their payment transactions with a credit card, they will pay interest within the framework of the credit card agreement between the cardholder bank and themselves and will be liable to the bank. In this case, the relevant bank may apply to legal remedies; it may demand the expenses incurred and the attorney's fee from the BUYER, and under all circumstances, if the BUYER falls into default due to their debt, the BUYER acknowledges, declares, and undertakes that they will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.

13. AUTHORIZED COURT

In disputes arising from this contract, complaints and objections will be made to the consumer problems arbitration committee or the consumer court in the place where the consumer's residence is located or where the consumer transaction is made, within the monetary limits specified in the law below. The information regarding the monetary limit is below:

To be effective as of 28/05/2014:

a) Pursuant to Article 68 of the Consumer Protection Law No. 6502, to district consumer arbitration committees in disputes with a value below 2,000.00 (two thousand) TL,

b) To provincial consumer arbitration committees in disputes with a value below 3,000.00 (three thousand) TL,

c) In provinces with metropolitan status, applications are made to provincial consumer arbitration committees in disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL.
This Agreement is made for commercial purposes.

14. ENFORCEMENT

When the BUYER performs the payment of the order placed through the Site, they shall be deemed to have accepted all the conditions of this contract. Before the order takes place, the SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted on the site by the BUYER.

SELLER: Ucuzcular Gıda Mad. San. ve Tic. A.Ş.

BUYER:

DATE: