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Distance Selling Contract

Distant Sales Agreement


DISTANT SALES AGREEMENT


1. Seller’s Details - Title: AO SMITH SU TEKNOLOJİLERİ A.Ş. (Hereinafter “AO Smith” or “SELLER”)


Address:


Tel.:


E-mail address:


Product return address:


2. Buyer’s Details - Full Name:


Address:


Tel.:


E-mail:




3. Subject Matter: The subject matter of the present Agreement (“Agreement”) is to present the details of the sales and delivery of the Products (“Products”) the description and sales price of which are noted below, in line with the provisions of Law No. 6502 on the Protection of Consumers, and the Regulation on Distant Agreements published in Official Gazette No. 29188 dated November 27, 2014. The present Agreement establishes the rights and obligations of the parties in accordance with the provisions of the Law and the Regulation on Distant Agreements, with respect to the sales and delivery of the goods or services with qualities described in the Agreement, upon the Buyer’s order placed online for the purchase of the Seller’s goods or services through A. O. Smith’s website at the address www.aosmithevimde.com (“Website”).


4. Basic Features of the Goods Sold, and Payment Details


4.1. The description, unit price, quantity, and payment details pertaining to the Products are as provided on the Website, pending an update, and have been approved by the Buyer.


4.2. Following the purchase performed on www.aosmithevimde.com by the Buyer, a date for the installation shall be set through the Seller’s call center. The Seller’s local dealer shall ship the product to the Buyer, and effect the installation.


4.3. In case the Products are sent via courier service rather than an authorized dealer, on any grounds, the courier service or shipping cost shall be covered by the Buyer. Any promotions and opportunities the Seller offers to the Buyer with respect to courier or shipping cost are exclusive offers.


5. Validity Term of Commitments, and the Delivery of the Goods


The prices specified in Article 4.1 serve as the sales prices. Unless announced otherwise or revised or amended, the declared prices and promises shall apply. Prices provided for a limited time frame, on the other hand, shall apply only through the said time frame. The Agreement enters into force through the Buyer’s approval online, and shall be executed through the delivery of the goods or services the Buyer had purchased from the Seller, to the Buyer. The product shall be delivered to the authorized person(s) and to the address specified by the Buyer on the order form and the present Agreement.


6. General Provisions


6.1 The BUYER declares that the provisions regarding the basic characteristics, sales price inclusive of all taxes, the form of payment and delivery, and the costs applicable to be covered by the BUYER, for the covered products, as provided on the Website, shall apply, that they have read and learned the time frame for the delivery, the full trade name and full address as well as contact details of the SELLER, and that they had extended the required confirmation online.


6.2 The SELLER shall not be held liable for any direct or indirect losses to arise on the grounds of the breach of the agreement, tortious acts, or any other reasons, due to the use of its Website, mobile app, other data or software. The SELLER shall not assume any liability for the interruption of the process, error, negligence, breakdown, deletion, loss, delay in the process or communication, computer virus, telecommunication failures, communication errors, theft, destruction or unauthorized recording, revision or use, as a result of the breach of the agreement, tortious acts, negligence, or other grounds.


6.3 The SELLER reserves the right to amend, re-organize, or discontinue the publication, without any prior notice, with regards to any information provided on the Website and/or Mobile App, as well as the terms applicable to any service, product, terms of use as provided on the Website and/or Mobile App. The revisions shall take effect as of the date of publication on the Website and/or Mobile App. The Company recommends the BUYER to visit the legal disclaimer page on every instance of visiting the Website and/or Mobile App. These terms shall also apply for other web pages to which links are provided.


6.4 The Website and Mobile App can contain links or references to other websites which are not under the SELLER’s control. The SELLER shall not be held liable for the contents of such sites, or the links therein.


6.5 The SELLER is the owner or license holder of the general look and design of the Website and Mobile App, and any materials available on the Website and Mobile App, including but not limited to information, image, any brand, Website domain name, logo, icon, demonstrative, written, electronic, graphic or machine-readable technical data, computer software, applied sales system, business method and business model (“Materials”), as well as the intellectual and industrial property rights thereof. The Materials are protected by law. No Material provided on the Website and/or Mobile App, including codes and software, can be revised, copied, reproduced, translated into another language, republished, installed on another computer, posted, transmitted, presented or distributed, without reference and without prior permission. The Website and/or Mobile App, in part or in full, cannot be used without permission on another website or mobile app. In cases otherwise, the SELLER reserves its rights with respect to legal and criminal liability, as well as any other rights not explicitly noted herein.


6.6 Under the provisions of the Personal Data Protection Law (KVKK), and the Seller’s policies on KVKK, the personal data of the BUYER can only be disclosed to government agencies, in case such agencies demand such information as per the regulations, and in case it is necessary to provide government agencies with information as per the mandatory legislative provisions in effect.


6.7 Unless a specific justification is provided on the date of order, the product covered by the agreement shall be delivered by the SELLER’s contracted courier company or the authorized service provider, within the framework of the provision in Article 4.2, to the BUYER or the person/entity located at the address specified by the BUYER, within the time frame specified on the Website among the preliminary information and in accordance with the distance of the BUYER’s residence for each product, provided that the time frame shall not exceed 30 days. As of the date on which the present Agreement is approved, the SELLER’s contracted courier company is Yurtiçi Kargo. Any courier/shipping fees regarding the delivery described in Article 3, shall be presented in detail under the name “Shipping Fee” on the invoice for the order, with reference to the applicable terms of courier service as of the date of purchase.


6.8 As the Shipping date can vary in the case of custom-made products, the Shipping details shall be shared with the customer. The delivery period for imported products shall be extended accordingly in case of problems in the import process, and the customer shall be informed of the new Shipping date.


6.9 In case the product(s) covered by the agreement are to be delivered to a person/entity other than the BUYER, the SELLER shall not be held liable for the recipient person/entity’s refusal to accept the delivery, and for any associated losses.


6.10 The SELLER shall not be held liable for any losses which may arise due to the errors or negligence on the part of the courier company responsible for shipping of the Product(s) to the BUYER and/or for any such failure to deliver the products to the BUYER. The Buyer shall be required to check the Products upon taking delivery, and to immediately notify the Seller about any defects.


6.11 The SELLER is responsible for delivering the covered product(s) intact, complete and in line with the specifications noted on the order, along with the warranty documents and user manuals, if any.


6.12 In case the SELLER is unable to perform its obligations under the agreement, as the provision of the ordered product or service becomes impossible, it shall notify the BUYER prior to the expiration of the time frame stipulated in the agreement for performing the obligation, and may supply the BUYER another product of the same quality and price level, should such a product be available in the SELLER’s inventory.


6.13 In case the price of the product is not paid to the SELLER by the respective bank or the financial institution, due to unauthorized persons engaging in the illegal or tortious use of the BUYER’s credit card, bank card, debit card and other payment systems available on the Website and/or Mobile App without any fault on the part of the BUYER, once the delivery of the product(s) took place, the BUYER shall be required to return the product to the SELLER within 3 (three) days, provided that it was delivered to the BUYER in the first place. The BUYER agrees and undertakes that any applicable legal procedure may also be introduced towards themselves in cases otherwise.


6.14 The SELLER reserves the right to issue a refund for the amount paid by the BUYER, in case the product or service bought by the BUYER is not available in the stocks of the SELLER’s service provider supplier, and in case an equivalent product of the same quality and price cannot be procured.


6.15 The SELLER shall be required to notify the BUYER in case the product covered by the agreement cannot be delivered within the applicable time frame on the grounds of force majeure or extraordinary circumstances such as weather conditions or transportation interruption preventing shipping. Should the BUYER cancel the order in such case, the amount they paid shall be returned to them in a single payment, through a refund in line with the means of payment they used for purchasing the product(s), within 14 (fourteen) days.


6.16 In case of purchases made by the BUYER using a credit card, the amount for the product(s) shall be returned to the relevant bank within 14 (fourteen) days following the cancellation of the order by the BUYER. As the reflection of the refund on the BUYER’s accounts, once the amount is returned to the bank, is solely dependent on the bank’s procedures, the BUYER agrees in advance that the SELLER shall not be able to intervene against any potential delay, and that the amount returned by the SELLER to the bank for refund into the BUYER’s credit card may take an average of 2 to 3 weeks to be reflected on the account.


6.17 The SELLER reserves the right to cancel the purchases made on the Website, in excess of the amounts needed by the BUYER. In cases of wholesale purchases in excess of the amounts needed by the BUYER, where the purchase quantity exceeds ... pieces, the SELLER reserves the right to cancel the order completely, or only ship the ... pieces which are considered a retail purchase.


6.18 In case the purchase made by the BUYER via credit card cannot be completed due to the failure to enter the correct password for 3 (three) times, for the charging of the relevant amount from the credit card, the SELLER may require the BUYER to submit any and all information and documents including images that should confirm their identity and credit card details. In case the BUYER does not provide such information and documents, or submits only parts thereof, or in case the information and documents thus submitted are not consistent with the order details, the SELLER may cancel the relevant order immediately, without assuming any liability and damages obligation.


6.19 The SELLER is entitled to cancel any orders placed based on an incorrect price, which had been provided much below the market price such that an average person can perceive it as an obvious error. The BUYER agrees and declares that they shall not raise any claims in case of such a clear error.


7. Right of Withdrawal


7.1 The Buyer may withdraw from the agreement by refusing the Product, without any justification and without assuming any legal or criminal liability, within 14 (fourteen) days following the delivery of the product to them or the person/entity at the address they had specified, in case of distant agreements regarding sale of goods.


The withdrawal period is based on:


a) The day on which the last product was delivered to the consumer or the third party named by the consumer, in case of goods covered by a single order but delivered in multiple pieces;


b) The day on which the last piece was delivered to the consumer or the third party named by the consumer, in case of goods comprised of multiple pieces;


c) The day on which the first product was delivered to the consumer or the third party named by the consumer, in case of agreements stipulating regular deliveries of the same product for a specific period of time.


7.2 The Buyer may submit their withdrawal notice within the period of 14 (fourteen) days by informing the Seller via a return-registered mail to its address provided in Article 1, or via its e-mail, or by calling its Call Center.  The Seller may contact the Buyer and procure the pick-up of the product from the Buyer, following the said notice. However, in case the Seller does not extend an offer to the Buyer to procure pick-up, the Buyer shall be required to send the purchased product to the Seller’s address specified in Article 1, within 10 (ten) days following the withdrawal notice. 


7.3 For the return to be processed, the relevant sections should be filled out completely on the invoice with return section, which had been sent to the Buyer, and, once signed, should be sent to the Seller.


7.4 The Products to be returned should be delivered along with their box, packaging, and standard accessories if any, in a form which would not hamper their merchantable status.


7.5 The Seller is under obligation to return to the Buyer the total amount (all amounts paid by the Buyer to the Seller) and any documents imposing a debt obligation on the Buyer, within a maximum of 14 (fourteen) days following its receipt of the withdrawal notice.


7.6 The shipping for the Products returned on the basis of the right of withdrawal shall be paid by the Seller. Once the Buyer exercises the right of withdrawal, and provides the relevant notice to the Seller, the Product covered by the sales shall be picked up by Yurtiçi Kargo, which is the contracted courier company of the Seller. In such cases, the Buyer shall not be required to pay for the shipping. However, in case the Buyer opts to return the product on their own, they should again send the product to the Seller using the Seller’s contracted courier company, with shipping to be paid by the recipient. Otherwise, the Buyer shall be required to pay for the shipping.


8. Products Not Covered by the Right of Withdrawal


The Buyer cannot exercise the Right of Withdrawal in the following cases: Unless the parties agree otherwise, the consumer shall not be entitled to the right of withdrawal for the following agreements:


a) Custom-made products produced in line with the specific requests of the consumer cannot be returned or replaced, save for the case of defective products. The right of withdrawal shall not apply for such products.


b) Agreements regarding the goods produced in line with the requests or personal requirements of the consumer.


c) Agreements regarding the delivery of perishable products or products which have a very limited expiration date.


d) Agreements regarding the delivery of the products that cannot be returned on the grounds of health and hygiene, in the case of products where the protective elements such as the packaging, tape, seal and box have been broken upon their receipt.


e) Agreements regarding the products which are mixed with other products and thus cannot be sorted out, once delivered.


f) Agreements regarding physical books, digital contents, and computer consumables, in the case of products where the protective elements such as the packaging, tape, seal and box have been broken upon their receipt.


g) Agreements regarding the delivery of periodicals such as newspapers and magazines, save for the case of those supplied within the framework of a subscription agreement.


h) Agreements regarding the services provided on a real-time basis online, or intangible goods delivered instantly to the consumer.


i) Agreements regarding the services whose performance had commenced with the approval of the consumer, prior to the expiration of the period for the exercise of the right of withdrawal.


9. Complaints and Settlement Methods


The Buyer may report to the Seller any suggestions and complaints regarding the goods or services covered by the sales, through the Call Center number or e-mail address of the Seller, as provided in Article 1.  The Seller intends to review any suggestions and complaints reported by the Buyer within the framework of legal boundaries so as to come up with solutions. Any and all rights of the parties arising out of the Law and the applicable Regulations are reserved. 1


0. Competent Court: The Buyer may submit their applications regarding any complaints and objections, to the consumer problems arbitration tribunal or the consumer court at the place of purchase or their place of residence, subject to the monetary limits set by the Ministry of Customs and Industry in the month of December of each year.


11. Miscellaneous Provisions: The Buyer declares that they have agreed to the terms and information of the Distant Sales Agreement in the electronic media.


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