Distance Sales Agreement

ARTICLE 1. PARTIES OF THE AGREEMENT

SELLER:
NECİBE SÖNMEZ VARDAR – NOCCASA
Address: Konak Mahallesi, Kılavuz Sokak, Nilüfer İş Merkezi, Floor: 3, Nilüfer / Bursa
Phone: 02244507706
Email: noccasa@gmail.com
Tax Office: Çekirge
Tax Number: 779 044 8311

BUYER:
CUSTOMER
Name – Surname:
Address:
Phone:
Email:

ARTICLE 2 – SUBJECT AND SCOPE OF THE AGREEMENT

This Distance Sales Agreement (“Agreement”) is governed by the Law on the Protection of Consumers numbered 6502 (“Law”) and the Regulation on Distance Contracts (“Regulation”). The parties to this Agreement acknowledge and declare that they have been informed of and understand their obligations and responsibilities arising from the Law and the Regulation on Distance Contracts.

The subject matter of this Agreement is the sale and delivery of the product or service with the features specified herein, which the above-mentioned Buyer has electronically ordered from the Seller through the website www.noccasa.com (“Website”). This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the product or service in accordance with the Law and the Regulation on Distance Contracts.

The Buyer acknowledges and declares that they have been provided with all the preliminary information regarding the basic characteristics of the product/service, sale price, payment method, delivery conditions, etc., as well as the information concerning the “right of withdrawal” and that they have electronically confirmed these details before placing the order for the product/service. The preliminary information on the payment page of the website www.noccasa.com is considered an integral part of this Agreement.

ARTICLE 3 – DELIVERY OF THE PRODUCT OR SERVICE, PLACE OF PERFORMANCE, AND METHOD OF DELIVERY

The product/service shall be delivered to the address specified by the BUYER as communicated via the electronic communication tools available on the SELLER’s website.

ARTICLE 4 – DELIVERY CHARGES AND PERFORMANCE

Delivery Charges: Delivery charges shall be borne by the Buyer. However, if the Seller has stated on the website that for purchases exceeding a certain amount the delivery fee will be borne by the Seller or that free delivery applies as part of a campaign, then the delivery charge shall be borne by the Seller.
Delivery Timeline: Delivery shall be made as soon as possible after the product is in stock and after the product price has been transferred to the Seller’s account. The Seller undertakes to deliver the product/service within 30 (thirty) days from the order and reserves the right to extend this period by an additional 10 (ten) days by written notice.
Non-Payment: If for any reason the payment for the product/service is not made or is canceled by the bank, the Seller shall be deemed released from the obligation to deliver the product/service.

ARTICLE 5 – REPRESENTATIONS AND OBLIGATIONS OF THE BUYER

The Buyer shall inspect the product/service before accepting delivery and shall not accept any product/service that is damaged, broken, or defective (e.g., with dented, cracked, or torn packaging). Once the product/service is accepted, it shall be deemed undamaged and intact.
After delivery, the obligation to carefully maintain the product/service lies with the Buyer.
If the right of withdrawal is to be exercised, the product/service must remain unused, and the original invoice must be returned.
In the event that, after delivery, the Buyer’s credit card is used by unauthorized persons (without the Buyer’s fault and in an unlawful or improper manner) and, as a result, the bank or financial institution does not transfer the product/service price to the Seller, the Buyer shall return the product/service to the Seller within 3 (three) days. In such a case, the delivery costs shall be borne by the Buyer.

ARTICLE 6 – REPRESENTATIONS AND OBLIGATIONS OF THE SELLER

The Seller is responsible for delivering the product/service in a sound and complete condition, in accordance with the specifications stated in the order, and, if applicable, along with warranty documents and user manuals.
If the product/service is to be delivered to a person/institution other than the Buyer, the Seller shall not be held responsible if the delivery is refused by that person/institution.
Upon receiving a withdrawal notice, the Seller shall refund the product/service price (and any valuable documents, if applicable) within 10 (ten) days, and shall collect the returned product/service within 20 (twenty) days.
For justified reasons, before the expiration of the performance period stated in the Agreement, the Seller may procure a product/service of equal quality and price for the Buyer. If the Seller considers that the performance of the product/service has become impossible, they shall notify the Buyer before the performance period expires. The paid amount and any related documents shall be refunded within 10 (ten) days.
For products/services sold with a warranty certificate, whether or not the product/service is defective or malfunctioning, it may be sent to the Seller for necessary repair under the warranty conditions; in such a case, the delivery expenses shall be borne by the Seller.

ARTICLE 7 – CHARACTERISTICS OF THE PRODUCT/SERVICE SUBJECT TO THE AGREEMENT

The type, kind, quantity, brand/model, color, and the total sale price (including all taxes) of the product/service are as specified on the product/service description page on the website www.noccasa.com and as indicated on the invoice, which is considered an integral part of this Agreement.

ARTICLE 8 – CASH PRICE OF THE PRODUCT/SERVICE

The cash price of the product/service is specified in the sample invoice sent by email at the end of the order and in the invoice provided together with the product.

ARTICLE 9 – INSTALLMENT PRICE

The installment price of the product/service is specified in the sample invoice sent by email at the end of the order and in the invoice provided together with the product.

ARTICLE 10 – DOWN PAYMENT AMOUNT

The down payment amount for the product/service is specified in the sample invoice sent by email at the end of the order and in the invoice provided together with the product.

ARTICLE 11 – PAYMENT PLAN

If the Buyer makes the purchase with a credit card in installments, the installment option chosen on the website shall be valid. In the installment process, the provisions of the contract between the Buyer and the credit card-issuing bank shall apply. The credit card payment date is determined by the agreement between the bank and the Buyer. Additionally, the Buyer may track the number of installments and the payments through the account statement sent by the bank.

ARTICLE 12 – RIGHT OF WITHDRAWAL

The Seller undertakes to repurchase the product or service if the Buyer, without assuming any legal or criminal liability and without providing any reason, rejects the product or service within seven days from the date of receipt or from the date the Agreement was signed, thereby exercising the right of withdrawal.
To exercise this right, the Buyer must notify the Seller/provider via email or phone to customer service within the same period, and the product/service must be unused in accordance with the preliminary information published on the website www.noccasa.com, which is an integral part of this Agreement.
In such a case, the original invoice related to the product/service delivered to a third party or to the Buyer must be returned.
Within 7 days after receipt of the withdrawal notice, the product/service price shall be refunded to the Buyer, and the product/service shall be collected within a 20 (twenty) day period.
If the original invoice is not returned, the VAT and any other legal obligations cannot be refunded to the Buyer.
The delivery fee for the product/service returned due to the right of withdrawal shall be borne by the Seller.

ARTICLE 13 – PRODUCTS/SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Products/services that, by their nature, cannot be returned include:

Products/services that deteriorate quickly or have passed their expiration date,
Single-use products/services,
Hygienic products/services,
Any software or programs that can be copied,
Software or programs provided on various media (e.g., DVD, CD, etc.),
Computer and stationery consumables (e.g., toner, cartridge, ribbon, etc.),
Cosmetic products,
And products for which, due to their nature, the packaging must not be opened.

For products/services that require the package to remain unopened for the right of withdrawal to be exercised, the product/service must be in its original, unopened, undamaged, and unused condition.

ARTICLE 14 – DEFAULT AND LEGAL CONSEQUENCES

If the Buyer defaults on credit card transactions, the Buyer shall be liable to pay interest to the credit card-issuing bank in accordance with the credit card agreement and shall be responsible toward the bank. In such a case, the relevant bank may take legal action; it may demand from the Buyer any expenses incurred (including legal fees and attorney’s fees), and in any event of default, the Buyer agrees to pay for any loss or damage incurred by the Seller due to the delayed performance of the obligation.

ARTICLE 15 – PROTECTION OF PERSONAL DATA

In connection with this Agreement, the Seller, acting as the data controller as defined in the Law on the Protection of Personal Data No. 6698, has prepared and published on its website the “Information and General Enlightenment Text,” the “Personal Data Processing, Storage and Disposal Policy,” and the “Privacy and Cookie Policy.” These documents are considered annexes and integral parts of this Agreement. By accepting this Agreement, the Buyer is deemed to have read and accepted these policies and texts.
The parties agree to use any personal data or sensitive personal data (as defined under the Law on the Protection of Personal Data) solely for the purposes of establishing and performing this Agreement.
The SELLER undertakes to process the personal data or sensitive personal data transmitted by the Buyer only for the purposes and under the conditions stated in the annexed Information and Enlightenment Text, and to fulfill its duty of information accordingly.
The Buyer declares that they have no legal, administrative, criminal, or financial claims regarding the personal data transmitted to the SELLER under this Agreement. In the event of a data breach involving the Buyer’s or third parties’ personal data, any claims for compensation or other legal liabilities shall be borne by the party at fault or negligent. Both the Buyer and the Seller agree to bear any damage proportionate to their respective faults.
The parties shall not transfer the personal data processed under this Agreement to any third party or institution for purposes other than those specified in the Information and Enlightenment Text, nor use it for any activities unrelated to the performance of this Agreement.
The parties shall take all necessary security measures and comply with confidentiality principles in accordance with Law No. 6698 and related regulations, as well as the administrative and technical measures prescribed by the Personal Data Protection Board. In the event of a data breach, they shall notify the other party within the timeframe and in the manner prescribed by law.
By electronically accepting this Agreement, the Buyer is deemed to have read the APPLICATION FORM published on the company’s website, which is intended for exercising rights under Law No. 6698 concerning personal data, and must complete and submit this form in full to the company in order to exercise those rights.

ARTICLE 16 – JURISDICTION

In any disputes arising from this Agreement, for claims up to the value declared by the Ministry of Industry and Trade, the Consumer Arbitration Committees shall have jurisdiction; for claims exceeding that value, the Consumer Courts shall have jurisdiction; and in areas where these courts are not available, the Civil Courts of First Instance shall have jurisdiction.

This translation is provided for informational purposes only. In the event of any discrepancies, the original Turkish text shall prevail.

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