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Distance Sales Contract

Distance Sales Contract

This Distance Sales Agreement (hereinafter referred to as the “Agreement”) is entered into on [•] (the “Execution Date”) by and between:

Pınar Gülbakanoğlu, operating under the name Santosha, with its registered address at Levent Mah. Ülgen Sok. No:96, Beşiktaş, Istanbul, Türkiye, and tax identification number 4270122683 (“Santosha”),

and

[•] (the “Consumer”).

Santosha and the Consumer shall each be referred to individually as a “Party” and collectively as the “Parties”.

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INTRODUCTION

Santosha sells products and provides services through the website and mobile application accessible at [•].

 

DEFINITIONS

Execution Date: Shall have the meaning ascribed to it at the beginning of this Agreement.

Platform: The digital platform accessible through the website and mobile application at [•].

Santosha: Refers to the entity that is a party to this Agreement and acts in the capacity of a “Seller” and “Service Provider” pursuant to Consumer Protection Law No. 6502 and the Regulation on Distance Contracts.

Agreement: Refers to this agreement as defined at the beginning hereof.

Consumer: Refers to the natural or legal person who places an order or receives a service through the Platform, acts for purposes other than commercial or professional purposes, and is a party to this Agreement.

Preliminary Information Form: Refers to the preliminary information form containing information regarding the relevant order, electronically approved by the Consumer before the conclusion of this Agreement.

 

SUBJECT MATTER

The subject matter of this Agreement is to establish the terms and conditions under which the Consumer may benefit from the products sold and services provided through the Platform, and to regulate the rights and obligations of the Parties pursuant to Consumer Protection Law No. 6502 and the Regulation on Distance Contracts.

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LEGAL RELATIONSHIP

The Parties acknowledge, declare and undertake that no employer-employee relationship is established between them under Labour Law No. 4857 in connection with the activities covered by this Agreement, and that this Agreement does not render either Party the business partner, employee or agent of the other Party.

Neither Party shall be deemed the representative or agent of the other Party for the purposes of this Agreement, and nothing contained herein shall be construed as authorising either Party to act as the representative or agent of the other Party. This Agreement shall not be construed as establishing a joint venture, partnership, agency, company or business association. Each Party shall remain an independent contractor.

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MEMBERSHIP

The Consumer may become a member by accurately, completely and duly providing the information requested in the membership information section of the Platform and accepting the terms and conditions set forth in this Agreement. The Consumer shall be personally liable for any damages arising from the failure to provide accurate, up-to-date and complete information, and no liability shall be attributed to Santosha in this respect. Santosha reserves the right to seek recourse against the Consumer and claim compensation for any damages it may suffer as a result of inaccurate information and/or information belonging to another person provided by the Consumer during registration.

Santosha reserves the right to restrict, block, suspend or terminate the Consumer’s membership, in whole or in part, if the Consumer fails to provide accurate, up-to-date and complete membership information. The Consumer agrees to update their information through the Platform whenever such information changes.

The Consumer must create a password to complete the membership process. The Consumer shall use the information provided during registration and the password created to log in to the Platform. The Consumer shall be responsible for creating a secure password and changing it periodically, safeguarding membership information, refraining from sharing such information with third parties, maintaining its confidentiality, and taking all necessary precautions in this regard.

The Consumer acknowledges that the password established during registration is known only to the Consumer and remains under the Consumer’s responsibility. If the Consumer forgets their password, they may request a password reset through the Platform and complete the process using the link sent to the email address provided during registration.

Santosha reserves the right to restrict, block, suspend or terminate the Consumer’s membership, in whole or in part, if any suspicion arises regarding the use of the Consumer’s password and/or the security of their membership account.

The Consumer may cancel their membership at any time without providing any reason. Following the cancellation of membership and closure of the Consumer’s account, the Consumer shall no longer be entitled to use the rights and benefits assigned to their account.

Santosha reserves the right, at its sole discretion and at any time without providing any reason, to reject membership applications, terminate memberships, or make the acceptance or continuation of membership, or the use of the Platform, subject to additional terms and conditions. Santosha may close the Platform at any time without providing any reason.

Consumer information, orders, comments, reviews and other information and content shall be retained for the periods prescribed under applicable legislation and in compliance with applicable data protection laws, even after the Consumer’s membership has been terminated.

Santosha shall presume that the person logging into the Platform using registered membership information and the relevant password is the Consumer. Santosha shall have no obligation to verify the source or authorisation of access to the Platform.

The Consumer acknowledges and undertakes to comply with the conditions set forth in this Agreement throughout the membership period and confirms that they are at least 18 years of age.

Upon completing the membership process, the Consumer acquires member status and becomes entitled to benefit from the products and services offered through the Platform. The Consumer undertakes that the membership account is personal to them and shall not be made available for use by third parties.

 

USE OF THE PLATFORM

The Consumer acknowledges and undertakes to use the content, materials and elements available on the Platform in accordance with the rules set forth in this Agreement, applicable legislation and generally accepted standards of conduct, and accepts that they shall bear any civil and criminal liability arising from any use in breach thereof.

Santosha shall be entitled, at its sole discretion and without prejudice to any rights to bring claims, initiate legal proceedings or pursue other remedies, to restrict, block, suspend or terminate the Consumer’s membership, in whole or in part, if it determines that the Consumer has used the Platform in violation of this Agreement, applicable legislation or generally accepted standards of conduct.

While using the Platform, the Consumer may be redirected to another website or application outside the Platform.

The Consumer may opt to receive notifications regarding electronic services, advertisements, campaigns and benefits, surveys and other customer satisfaction initiatives. Notifications relating to order confirmations are excluded from this scope. The Consumer may refuse to consent to receiving commercial electronic communications or withdraw such consent at any time.

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