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Tinkwyz Distance Sales Contract

**DISTANCE SALES CONTRACT**

 

**1. DEFINITIONS**

- **Seller:** Refers to the real or legal person who offers goods to the consumer for commercial or professional purposes, including public legal entities, or acts on behalf of or on account of the person offering the goods.

- **Consumer, Buyer:** Refers to the real or legal person acting for non-commercial or non-professional purposes.

- **Goods/Products:** Refers to movable property, real estate for housing or holiday purposes, as well as any intangible goods prepared for use in electronic environments, such as software, sound, images, etc., subject to purchase.

- **Service:** Refers to any consumer transaction other than providing goods, carried out or promised to be carried out for a fee or benefit.

- **Distance Contract:** Refers to contracts established within a system created for the remote marketing of goods or services, without the simultaneous physical presence of the seller and the consumer, using remote communication tools until and including the moment the contract is established.

- **Permanent Data Storage Device:** Refers to any tool or medium such as SMS, email, internet, disk, CD, DVD, memory card, etc., that allows the consumer to store the information sent or received, access it unchanged, and examine it for a reasonable period in accordance with its purpose.

 

**2. SUBJECT AND PARTIES OF THE CONTRACT**

2.1 This contract determines the rights, law, and obligations of the parties regarding the sale of products and services and the delivery of products to the delivery address by the BUYER, whose detailed information is provided below, through the website operated by the SELLER at https://www.tinkwyz.com (hereinafter referred to as the WEBSITE), in accordance with the provisions of the Law on Consumer Protection and the Distance Contracts Regulation. In cases where there is no provision in the contract, the legal legislation provisions shall apply.

2.2 The Buyer declares that they have been informed about all preliminary information about the basic characteristics, sales price, payment method, delivery conditions of the goods or services subject to sale, and the right of withdrawal, and that they have confirmed this information electronically and ordered the goods or services in accordance with the provisions of this contract. The preliminary information form and the invoice on the payment page of the website are integral parts of this contract.

2.3 Seller Information:

- **Title:** Tinkwyz Consulting Solutions Inc.

- **Address:** Mustafa Kemal Mah. Dumlupınar Bul. 266A / 18 Çankaya / Ankara

- **Phone Number:** 0 312 870 17 73

- **MERSIS Number:** 0844117553100001

 

2.4 Buyer Information:

- **Name/Surname/Title:**

- **Address:**

- **Phone Number:**

- **Email Address:**

 

**3. SUBJECT PRODUCTS AND SERVICES**

- **Products/Services:** Products and/or services sold by the SELLER to the BUYER through the WEBSITE.

- **Product/Service Details:**

- **Product/Service Quantity:**

- **Total VAT:**

- **Product Delivery/Shipping Fee:** 0

- **Total Price Including VAT:** The price is displayed on the product page and the payment page.

 

**4. DELIVERY**

4.1 For service sales through the website, the service is performed and delivered immediately according to the nature of the service. In such a case, the invoice is sent to the buyer via a permanent data storage device.

4.2 For product sales through the website, the product is delivered to the address specified by the buyer on the website or to the person/institution directed by the buyer, along with the invoice, within a maximum of 30 days. Delivery is free of charge for the buyer. If this obligation is not fulfilled, the buyer may terminate the contract. In case of contract termination, the seller shall refund all payments collected within 14 days from the date the termination notification is received.

4.3 In cases where the fulfillment of the order becomes impossible, the seller shall inform the buyer within three days and refund all payments collected, including delivery costs if any, within fourteen days from the date of notification.

4.4 The buyer is responsible for checking the product upon delivery and rejecting the product if there is any problem caused by the shipment, and having the courier company officer prepare a report. Otherwise, the seller shall not accept responsibility.

 

**5. PAYMENT METHOD**

5.1 The Buyer may purchase with installments through the website using a credit card with their bank. Such purchases are directly provided by the mentioned institution, and sales realized in this manner do not constitute installment sales for the parties to this contract.

 

- **Payment Method:** Payment by credit card

- **Name/Surname/Title of the Person/Institution to be Delivered:**

- **Phone Number of the Person/Institution to be Delivered:**

- **Delivery Address:**

- **Invoice Address:**

 

**6. GENERAL PROVISIONS**

6.1 The Buyer acknowledges that they have read and been informed about the basic characteristics, sales price, payment method, and delivery information of the products and services displayed on the website, and have given the necessary confirmation electronically.

6.2 The Seller is responsible for delivering the product subject to the contract in a complete and sound manner, in accordance with the specifications stated in the order, along with warranty documents and user manuals if applicable.

6.3 In the event that the product or service subject to the contract is defective or not as described on the website, the buyer may use one of the following rights: return the product and terminate the contract, keep the product and request a discount proportional to the defect, request free repair of the product, or request replacement of the product with a non-defective one if possible. In case of free repair or replacement, the seller shall fulfill this request within a maximum of 30 business days from the date of notification. If the buyer chooses to terminate the contract or request a discount, the seller shall refund the entire amount paid or the discount amount to the buyer immediately. The liability for defective goods is subject to a two-year statute of limitations from the date of delivery of the product to the buyer. If the buyer was aware of the defect at the time of contract formation or should have been aware of it, the contract is not considered defective. Apart from these, the buyer's rights regarding defective goods are as stated above.

6.4 If the product/service price is not paid for any reason or is canceled in the bank records, the seller is not obliged to deliver the product/service.

 

**7. RIGHT OF WITHDRAWAL**

7.1 The Buyer has the right to withdraw from the contract within 14 days without providing any reason and without paying any penalty for the sale of goods/products. The right of withdrawal cannot be used for services executed immediately in an electronic environment or for intangible goods delivered to the buyer instantly.

7.2 The withdrawal period for services starts from the day the contract is established, and for goods, from the day the buyer or a third party designated by the buyer receives the goods. The buyer can also exercise the right of withdrawal during the period from the establishment of the contract until the delivery of the goods.

7.3 When determining the withdrawal period, in case of a single order with multiple deliveries, the period starts from the day the last product is received by the buyer or a third party designated by the buyer. For products consisting of multiple parts, the period starts from the day the last part is received. For contracts involving regular delivery of products over a certain period, the period starts from the day the first product is received by the buyer or a third party designated by the buyer.

7.4 The notification of the withdrawal must be made to the seller using a permanent data storage device before the withdrawal period expires. You can use your right of withdrawal through our website https://www.tinkwyz.com, by calling 0 312 870 17 73, or via email at info@tinkwyz.com.

7.5 The seller shall refund all payments, including delivery costs if any, within 14 days from the date of receiving the withdrawal notification. The seller shall make all refunds in a single transaction, using the same payment method used by the buyer, without any cost or obligation to the buyer.

7.6 The buyer must return the goods to the seller within 10 days from the date of the withdrawal notification.

7.7 The buyer cannot use the right of withdrawal in the following contracts:

a) Contracts for goods or services whose price varies depending on fluctuations in financial markets and which are beyond the control of the seller.

b) Contracts for goods prepared according to the buyer's wishes or personal needs.

c) Contracts for the delivery of goods that may perish quickly or whose expiration date may pass.

d) Contracts for goods that are unsuitable for return due to health and hygiene reasons, if the packaging has been opened after delivery.

e) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.

f) Contracts for books, digital content, and computer consumables delivered in a tangible medium if the packaging has been opened by the buyer.

g) Contracts for the delivery of periodicals such as newspapers and magazines, except for subscription contracts.

h) Contracts for accommodation, transportation of goods, car rental, supply of food and beverages, and contracts for the use of leisure time for entertainment or recreation purposes, which must be performed on a specific date or period.

i) Contracts for services executed immediately in an electronic environment or for intangible goods delivered to the buyer instantly.

j) Contracts for services that have been initiated with the buyer's approval before the withdrawal period expires.

 

**8. FORCE MAJEURE**

8.1 Circumstances that do not exist or are unforeseeable at the time of the contract, that develop outside the control of the parties, and that prevent the parties from fulfilling their obligations and responsibilities partially or completely or from fulfilling them on time, will be considered force majeure (natural disaster,war, terrorism, uprising, changing legislation provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.). The party experiencing the force majeure must notify the other party of the situation as soon as possible.

8.2 During the continuation of force majeure, the parties shall not be liable for their inability to perform their obligations. If the force majeure continues for 30 days, either party has the right to unilaterally terminate the contract.

 

**9. EVIDENCE AGREEMENT**

9.1 In any disputes that may arise from this contract, the records of the seller (including records in magnetic media such as computer and voice recordings) shall constitute conclusive evidence.

 

**10. AUTHORIZED COURT IN CASE OF DISPUTES**

10.1 Consumer Arbitration Committees up to the value announced by the Ministry of Customs and Trade, and Consumer Courts and Enforcement Offices in the place of residence of the buyer and seller are authorized for disputes exceeding this value.

 

**11. ACCEPTANCE STATEMENT**

11.1 The Buyer declares that they have read all the terms and explanations written in this contract and in the Preliminary Information Form, which is an integral part of this contract, on the Website, that they have been informed about all issues related to the basic characteristics, qualities, sales price, payment method, delivery conditions of the products/services subject to sale, the seller, and other relevant matters, that they have seen all of these in the electronic environment on the website, that they have read and accepted the content, and that they have given their approval electronically, accepting these contract terms by ordering the products/services.

 

**12. ENFORCEMENT**

12.1 This Contract has been read by the parties, approved electronically by the buyer, and entered into force with the positive action of making the payment.

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