Distance-Selling Agreement

DISTANCE-SELLING AGREEMENT

ARTICLE 1- PARTIES

1.1. Seller

Trade name: ShahAdvisor

Email: supports@shahadvisor.com

Phone:

1.2. Buyer

Name – Surname:

TR.ID No:

Email: Address:

Phone:

ARTICLE 2- SUBJECT OF THE AGREEMENT

This is a Distance Selling Agreement that entails the sale and delivery of the goods and services from Seller to the Buyer. The subject of this Agreement is to establish and state the rights and liabilities of both parties under the Consumers Protection Law No. 4077. This Agreement introduces the provisions regarding the purchase of goods and services by the Buyer via electronic media on the basis of the procedures of the Distance Contracts Regulations. The Seller owns the website https://www.ShahAdvisor.com. Through this Agreement, the Buyer acknowledges and agrees that he/she/it is well-informed of the title, name, phone, Email, and other information of the Seller. The Buyer knows where to submit the complaints (if any) and how to raise an objection (if any) regarding the purchase of goods or services from the Seller. Therefore, the Buyer agrees that he/she/it is aware of all preliminary information concerning the official authorities. The Buyer also agrees that he/she/it is familiar with the basic characteristics of the services such as sale, sale price including the tax, terms of delivery, terms of payment etc. The Buyer is aware of his/her/its rights and confirms his/her/its knowledge of all necessary preliminary information via electronic media. The Buyer will place the order under the provisions of this Agreement. The sale and delivery of the products/services, the invoice issued and all preliminary information offered on the Seller’s website https://www.ShahAdvisor.com are the major parts of this Agreement.

ARTICLE 3- SUBJECT OF THE AGREEMENT / PRODUCT / PAYMENT / DELIVERY INFORMATION

The information regarding the sale and delivery of products/services should be stated clearly, accurately and completely. The model, type, quantity, invoice information, sale price, terms of payment, delivery address, ship-to party, courier or shipment fee of the product(s) being purchased electronically should be mentioned in the Agreement. The person who made the contract initially should be the same person whom the invoice will be issued. The Seller holds the right to either suspend or terminate the order placed by the Buyer on account of provision of missing, false, or wrong on the part of the Buyer. In case of provision of wrong or missing information, the Buyer agrees to indemnify all damages and losses completely. In case of any problem, issue, or misunderstanding regarding the order, the Seller will contact the Buyer via phone, mail address or email. If the Seller is unable to reach the Buyer, then the Seller may suspend the order processing for a period of fifteen (15) days. If the Buyer does not contact the Seller within this period, the Seller reserves the right to cancel the order to save both parties from unnecessary damage.

Purchased Product(s)

Product name, code:; … PCS.

Means of Payment: Credit Card / CASH

Total Sale Price: …. –TL/USD/EURO

Phone:

Delivery address:

Receiver:

Billing Person/Company:

Billing Address:

Tax Office:

Tax ID number:

Cargo charge: … -TL/USD/EURO

ARTICLE 4- CONTRACT DATE AND FORCE MAJEURE

The date of the order placed by the Buyer or the Contract Date is ../../…

All the events that are beyond the control of the Contract Parties are declared as the force majeure events such as natural disasters, lockout, war, riots, terrorism, changed legislation, confiscation or strike, major breakdown in the production and communication facilities etc. The force majeure events, whether expected at the Contract Date or not, can cause a delay or hinder the performance of obligations by both Parties either partially or completely.

Hence, during the force majeure event, the performance of obligations by both Parties will be suspended if the force majeure event lasts up to thirty (30) days or more, the Parties reserve the right to terminate this Agreement unilaterally.

ARTICLE 5- RIGHTS AND OBLIGATIONS OF THE SELLER

5.1. The Seller accepts and acknowledges its obligations mentioned in this Agreement and affirms to perform its obligations. Under the Law No.4077 on the Consumers Protection and the provisions of the Basis and Procedures of the Distance Contracts Regulations, the only exception is a force majeure during which the Seller is not obliged to perform its obligations.

5.2. If there is any typographical error, omission or inaccuracies concerning the product pricing, https://www.ShahAdvisor.com will not be held responsible for it. Hence, the Seller is not liable for the inaccuracies or errors relating to product pricing, offers, and promotions resulting from system failure on the website. The Buyer is not allowed to make any claims against the Buyer on account of a system failure.

5.3. This Agreement only allows the adults aged eighteen (18) or above to shop online through the website https://www.nicetohave.me/. Children or teenagers who have not reached the age of majority are not permitted to shop online via this website. The Seller can deny the products or services to the Buyer who is not of the legal age. If the Buyer has mistyped his/her/its age or provided wrong age on the Contract, Seller will not be held responsible.

5.4. A host of payment options are made available for the Buyer. To shop online through https://www.ShahAdvisor.com, the Buyers can use their credit cards (MasterCard, Visa, etc.) or direct bank transfer to purchase the items. If the full amount is not paid within seven (7) days of placing the order, the Seller reserves the right to cancel that order. The term order processing refers to the time during which the payment is deposited via your credit cards or bank transfer (EFTElectronic Funds Transfer) into the Seller’s bank account successfully. Order processing does not indicate the period of delivery of the order. Remember that the deposits via postal cheque or wire transfer will only be accepted when the Buyer notifies or contacts the customer service.

ARTICLE 6- RIGHTS AND OBLIGATIONS OF THE BUYER

6.1. The Buyer agrees and acknowledges its obligations subject to this Agreement and affirms to fulfil those obligations except during a force majeure.

6.2. The Buyer also undertakes that he/she/it has agreed to the provisions of this Agreement. Therefore, any order placed by the Buyer will comply with the payment method mentioned in this Agreement.

6.3. The Buyer declares that he/she/it has all the information regarding the Seller. He/she/it is wellaware of the name, title, phone, address, Email, and other contact information of the Seller. The Buyer also agrees to be familiar with the terms and basic characteristics of the services/goods. He/she/it has information regarding the sale, sale price including the tax, terms of delivery and payment etc. The Buyer also affirms that he/she/it knows about the official authorities to which he/she/it can submit the complaints and raise his/her/its objections relating to the goods or services. The Buyer is also aware of its right of withdrawal and knows how to avail it. Moreover, the Buyer has reviewed or confirmed the preliminary information available on the website https://www.ShahAdvisor.com.

6.4. The Buyer agrees that he/she/it has read or reviewed the information provided via https://www.ShahAdvisor.com/pages/quality-care-advice and https://www.ShahAdvisor.com/pages/shipping-returns. Hence, the Buyer is aware of the terms of payment, purchase order, instructions regarding product usage and necessary measures such as warnings. The Buyer declares that confirmation is done electronically after reviewing all the necessary information.

6.5. If the Buyer wishes to return a defective product, he/she/it confirms that the product being returned is unused. The Buyer undertakes that the returned item is in the same condition and packaging in which the Seller delivered it. The Buyer should also provide the delivery note/receipt and invoice as proof of his/her/its purchase.

ARTICLE 7- ORDERING / PAYMENT PROCEDURE

Order:

Once the Buyer confirms the order in his/her/its shopping cart along with its total price inc. Taxes (VAT) or the total installment charges (in case of an installment) of a product(s), the bank starts to process the payment.

The Buyer will be notified of the issues or problems (if any) relating to payments or credit cards, via Email/phone/fax. The Seller may request the Buyer to contact his/her/its bank if required. Order processing starts the moment payment is made through the Buyer’s credit card or bank transfer (EFT-Electronic Funds Transfer) and is deposited to the Seller’s bank account.

The Buyer is informed if the Seller is unable to supply the desired/ordered product based on problems concerning stock or other significant, right, and valid reasons. In such case, following the confirmation of the Buyer (a) another product of same quality, price and quantity is sent; (b) a new product is selected by the Buyer; (c) both parties wait until the same order is delivered, or (d) the order is cancelled by either the Buyer or the Seller.

If the product delivery is impossible, the Buyer is notified, and the payments are paid back by the Seller. The documents of the Buyers are returned within ten (10) days, and finally, the contract is terminated or cancelled. If the Buyer faces such a situation, he/she/it has no right to claim any sort of damage from the Seller, whether it is financial or emotional damage.

Payment:

Buyers who do not like to share their credit card information can shop online from https://www.ShahAdvisor.com through cash transfer. The choice of the bank depends entirely on the Buyer. He/she/it can select any bank to make the transfer. In case the Buyer makes the payment via EFT, the deposit date of EFT should be considered. During money transfer, the Buyer should provide the same name mentioned on the bill, with the correct number of the order.

If unauthorized people are using the Buyer’s card illegally, the financial corporate or the bank will refuse to pay any money to the Seller. In such a situation, the Buyer has to return the delivered products in the original condition to the Seller within ten (10) days. The Buyer should keep in mind that the Cargo Charges will be paid by him/her.

Buyers who pay by their credit cards agree, declare and affirm that the provided information is accurate. The Buyers also confirm that the default interests and relevant interest rates will be applied in accordance with the credit card contract signed between the Buyer and the bank.

ARTICLE 8- SHIPMENT / DELIVERY PROCEDURE

Shipment:

The product(s) are delivered to the Buyer’s address following the confirmation of the order via Email. The same cargo company will be used to deliver the product(s) that was specified or selected by both Parties prior to delivery.

Delivery:

The product(s) ordered by the Buyer will be delivered to the address provided by the Buyer. Once the contract is made, the Seller will deliver the product(s) within thirty (30) days after the Buyer confirms the order. If the Seller extended the delivery period, the Buyer would be notified. However, the Seller can’t extend the delivery period for more than ten (10) days.

If the products are to be delivered to an area that is not covered by the selected cargo company, the products will be sent as phone callable cargo. In such a case, the delivery period might be extended. The delivery period of the products may also extend due to natural disasters or the incorrect provision of information on the part of Buyer. In both cases, the Seller will not be responsible for the delay. If the ship-to-person refuses to take the delivery, is not available or extra cargo expenses apply, the Seller will not be accountable for the extensions. If the product(s) are not delivered at the time specified by the Seller, the Buyer should contact the customer service of Seller and notify them of the delay via support@shahadvisor.com .

If the products get damaged during delivery, the Buyer should not take the package. Instead, he/she/it should request the cargo officer to prepare an official report of the damaged package. The Buyer can take the damaged package and open it only if the cargo officer does not agree to prepare the official report. Once the Buyer accepts and takes the package, it will indicate that the cargo company has done its job well. However, if the Buyer refuses to take the package, the official report of the damage will be prepared, and a copy of that report will be sent to Customer services.

ARTICLE 9- PROCEDURE RELATING TO PRODUCT RETURN AND RIGHT OF WITHDRAWAL

Product Return:

The Buyer has the right to terminate the contract within seven (7) days without specifying any reason or paying any expenses as a penalty.

Under the Tax Procedure Law No. 385, the return procedures will be carried out. For the returns, the Buyer should send a single copy of the two bill pages of the ordered products after providing the information required at the bottom of the page and signing it. The Buyers should know that the withdrawal period and the ability to exercise this right starts from the moment the products are delivered to their address. Moreover, any expenses that may apply while returning the products are to be paid by the Buyer.

Once the Seller is notified of the return and the Seller receives the product, the payments will be paid back to the Buyer. The contract is terminated after the Buyer receives his/her/its documents within ten (10) days.

However, the Buyer loses its right of withdrawal if the products have been prepared upon his/her/its wishes or needs specifically.

The Buyer should compensate for the loss resulting from the decrease in value to the Seller if it happens due to the Buyer’s fault. In other cases, the expected or possible loss of value of the products does not take away the right of withdrawal from the Buyer.

If somehow the products are purchased mistakenly, the package should not be opened, used or damaged. If that happens, the product shall not be returned, nor will the price paid back to the Buyer.

To return the product(s), the Buyer should contact the customer services and inform them about the issue. The Seller will either agree or refuse to receive the returned product. If the Seller requests the Buyer to send the product, the product will be returned to the Seller via the same cargo company that delivered the product. If the returned product is received in its original condition, the return will be accepted, and the payment will be transferred back to the bank account or credit card of the Buyer. No payment will be paid back prior to the return of the product.

Buyers should be aware that the payment will be paid back via the same procedure that was used to purchase the product. If the Buyer paid the price in installments via their credit card, the refund procedure would be the same as the installment procedure used to purchase the product. The refund will be paid back in installments to the bank account of the Buyer to save both parties from any awkward situation in future. A credit will be applied to the credit card of the Buyer each month until the payment is completely paid back.

The Sellers should not refund the payment to the Buyer in cash in case of returns. The procedure mentioned above will be followed by the Seller to refund the payments.

ARTICLE 10-GUARANTEE

A guarantee of any kind of manufacture damage is provided if the products are used, washed or cleaned according to the given instructions. Keep in mind that the guarantee will be offered based on the following two conditions. Buyers with commercial qualifications will be subjected to the regulations of the Turkish Commercial Code. Only the Buyers subjected to Law No. 4077 are under the responsibility of the Sellers.

ARTICLE 11- PRIVACY

The credit card information will be transmitted to the bank safely. After provision, the credit card information is deleted, and no part of that information is retained. Email, phone number, mail address, and other information will not be shared with any third-party websites. However, the Seller reserves the right to reveal the information of the Buyer during an inquest or under legal obligations. The Seller may inform the Buyer about its new promotions and campaigns by using the contact information of the Buyer, but this will only happen if the Buyer/customer permits the Seller.

ARTICLE 12- AUTHORIZED COURT AND ENFORCEMENT OFFICES IN CASE OF DISPUTE

If a dispute arises following the enforcement of this Agreement, the Consumer Courts and Arbitration Committees for Consumers in Istanbul allowed or permitted up to the value declared by the Ministry of Industry and Trade in December each year. The Buyer should accept all conditions of this Agreement if he/she/it wants to firmly and securely place the order.