Distance Sales Agreement

ARTICLE 1: PARTIES

1.1  On one side, Anadolu Ajansı Türk A.Ş., having its registered office at Eti Mah. Gazi Mustafa Kemal Bul. No: 132 Çankaya / Ankara (hereinafter referred to as the “SELLER”); and on the other side, the consumer (hereinafter referred to as the “BUYER”), have agreed upon the following terms and conditions and have executed this “Distance Sales Agreement.”

1.2  The detailed information regarding the Parties is as follows:

·         SELLER

Trade Name: Anadolu Ajansı Türk A.Ş.

Address: Eti Mah. Gazi Mustafa Kemal Bul. No: 132 Çankaya / Ankara

E-mail: info@aa.com.tr

Telephone: +90 (312) 999 20 00

Fax: +90 (312) 231 82 54

Tax Number: 0680061167 (Ankara Corporate Tax Office)

MERSIS No.: 0068006116700016

Registered Electronic Mail (KEP) Address: anadoluajansi@hs01.kep.tr

·         PRODUCT(S) SUBJECT TO THE AGREEMENT

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The type, nature, quantity, brand/model, color, and sales price of the Product(s) are as indicated above and have been acknowledged and confirmed by the Buyer.

ARTICLE 2: DEFINITIONS

BUYER: Refers to the natural or legal person who, within the scope of this AGREEMENT, purchases, uses, or benefits from any goods or services for purposes other than commercial or professional use and undertakes the obligation to pay the corresponding price. Such persons shall hereinafter be referred to as the “BUYER.”

WEBSITE: Refers to the online platform named “AAKİTAP”, accessible within the framework determined by the SELLER, through which various services and PRODUCTS are offered to users.

PRODUCT(S): Refers to all types of books and related written and visual materials that are published on or accessible through the WEBSITE.

AGREEMENT: Refers to this AAKİTAP Distance Sales AGREEMENT executed between the PARTIES.

PARTIES: Refers collectively to both the SELLER and the BUYER, and individually to each as a “PARTY.”

ARTICLE 3: SUBJECT MATTER AND SCOPE OF THE AGREEMENT

3.1 The subject matter of this AGREEMENT is to determine the rights and obligations of the PARTIES in accordance with the provisions of the Law No. 6502 on the Protection of Consumers, the Regulation on Distance Contracts, and other applicable legislation, regarding the sale and delivery of printed and/or digital book PRODUCTS ordered electronically by the BUYER through the WEBSITE or mobile application named “AAKitap,” owned by the SELLER.

3.2 The PARTIES hereby acknowledge and declare that they are aware of and have understood their obligations and responsibilities arising from the Law No. 6502 on the Protection of Consumers, the Regulation on Distance Contracts, and other applicable legislation within the scope of this AGREEMENT.

3.3 The execution of this AGREEMENT shall not affect the obligations of the PARTIES arising from the separate membership agreements individually concluded by them.

ARTICLE 4: MATTERS INFORMED TO THE BUYER

4.1 The BUYER acknowledges and declares that, prior to the conclusion of this AGREEMENT, through the SELLER’s website, they have examined, read, understood, and been duly informed regarding;

a)      the SELLER’s trade name, address, tax identification number, MERSIS number, telephone number, e-mail address, and registered electronic mail (KEP) address;

b)     the procedures for placing an order and making payment, as well as the methods for correcting any incorrect data entries;

c)      the essential characteristics of the goods/product(s)/service(s) subject to sale, their total price including taxes, and information on delivery and any additional costs;

d)     the method, time, and principles governing delivery and return procedures;

e)      the PRODUCTS that are and are not subject to the right of withdrawal, the conditions, duration, and procedure for exercising such right, and that failure to exercise the right within the prescribed period shall result in the BUYER’s loss of the right of withdraw;

f)       in cases where the right of withdrawal exists, the manner in which the PRODUCTS may be returned to the SELLER and all related financial matters (including return methods, costs, and refund of the Product price);

g)      the terms of use for digital content and the limitations on the right of withdrawal applicable to such content;

h)     the processing of personal data, privacy policy, and consents regarding electronic communications;

i)       the means of filing complaints and applications, and the arbitration committees and consumer courts to which the BUYER may apply in case of disputes.

ARTICLE 5: FORMATION OF THE AGREEMENT

5.1 The AGREEMENT shall be deemed to have been duly concluded at the moment when the BUYER, after reading and approving the preliminary information form regarding the PRODUCTS offered for sale on the SELLER’s website, confirms their order electronically.

ARTICLE 6: DELIVERY AND PERFORMANCE METHOD

6.1 Printed books shall be delivered to the address specified by the BUYER through the courier company contracted by the SELLER.

6.2 Digital books shall be delivered to the BUYER by providing access through the digital platform following the completion of the order. No physical delivery shall apply to digital PRODUCTS.

ARTICLE 7: RIGHT OF WITHDRAWAL

7.1 The BUYER shall have the right to withdraw from the AGREEMENT within 14 (fourteen) days from the date of receipt of the purchased PRODUCT, without providing any justification and without being subject to any penalty. A written notice or a notice sent through a permanent data carrier (such as SMS, e-mail, etc.) indicating the exercise of the right of withdrawal must be delivered to the SELLER within this period.

7.2 In the event that the right of withdrawal is exercised, the BUYER shall return the PRODUCT to the SELLER within 10 (ten) days from the date of the withdrawal notice, together with the original invoice or a copy thereof. The PRODUCT to be returned must be complete and undamaged, including its box, packaging, and any standard accessories, if applicable.

7.3 If the BUYER returns the PRODUCT using the cargo company contracted by the SELLER, the cost of the return shipment shall be borne by the SELLER. In cases where the return is made through a cargo company other than the one contracted by the SELLER, the shipping cost and any damages that may occur during the shipping process shall not be the responsibility of the SELLER.

7.4 In the event that the BUYER exercises the right of withdrawal, the PRODUCT price shall be refunded to the BUYER within 14 (fourteen) days following the receipt of the returned PRODUCT by the SELLER, using the same method of payment. If the payment was made by credit card, the refund may be processed in installments in accordance with the procedures of the respective bank. The SELLER shall not be held responsible for any delays arising from this process.

ARTICLE 8: CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

8.1 The BUYER may not exercise the right of withdrawal in the following cases:

a)      Goods prepared in line with the BUYER’s requests or clearly personalized to the BUYER’s needs.

b)     Goods that are perishable or may expire before the end of the withdrawal period.

c)      Goods whose protective elements such as packaging, seal, tape, or box have been opened after delivery, and which are not suitable for return due to health or hygiene reasons.

d)     Goods that have been mixed with other items after delivery and which, by their nature, cannot be separated.

e)      Audio or video recordings, books, digital content, and computer consumables whose packaging, seal, tape, or wrapping has been opened.

f)       Periodical publications such as newspapers and magazines, other than those provided under a subscription agreement.

g)      Contracts relating to accommodation, transport of goods, car rental, supply of food or beverages, and leisure or recreational activities to be performed on a specific date or within a specified period.

h)     Services performed instantly in electronic form or intangible goods delivered instantly to the BUYER.

i)       Services that have commenced with the BUYER’s explicit consent before the expiry of the withdrawal period.

j)       Contracts concluded through public auctions conducted in the form of live bidding.

ARTICLE 9: CANCELLATION AND REFUND REQUESTS

9.1 The return of part or all of the digital content purchased under this AGREEMENT is not possible. Pursuant to Article 15/ğ of the Regulation on Distance Contracts, services performed instantly in electronic form cannot be considered within the scope of the right of withdrawal or refund. Any cancellation–refund requests made after this period shall in any case be deemed invalid. The BUYER acknowledges, declares, and undertakes that, in the event the cancellation–refund request is accepted, they shall not, under any circumstances, use the refunded PRODUCT anywhere, and that otherwise, they shall immediately compensate any and all material and moral damages that may arise for the SELLER or third parties due to the use of the PRODUCT.

ARTICLE 10: GENERAL PROVISIONS

1.1               The BUYER acknowledges, declares, and undertakes that they have read and fully understood all preliminary information regarding the essential characteristics, sale price, payment method, validity period, delivery, and shipping costs of the PRODUCT/service offered for sale on the SELLER’s website and that they have given the necessary electronic approval. The BUYER also acknowledges that, in their capacity as a consumer, they may submit any requests or complaints to the SELLER through the communication channels specified.

1.2              The PRODUCT subject to this AGREEMENT shall be delivered to the BUYER or to the person/institution designated at the address indicated by the BUYER within the period specified on the website, depending on the distance to the BUYER’s place of residence, provided that the statutory period of 30 (thirty) days is not exceeded. Unless otherwise stated, the shipping cost shall be borne by the BUYER.

1.3              The SELLER shall be responsible for delivering the PRODUCT subject to the AGREEMENT in a sound, complete condition, in accordance with the specifications stated in the order, and, where applicable, together with the warranty certificate and user manuals.

1.4              The BUYER must inspect the PRODUCT before accepting delivery and shall not accept any damaged PRODUCTS from the cargo company.

1.5              The delivery of the PRODUCT subject to this AGREEMENT is conditional upon the electronic confirmation of the preliminary information form and the payment of the PRODUCT price. If, for any reason, the PRODUCT price is not paid or is canceled in the bank records, the SELLER shall be released from its obligation to deliver the PRODUCT.

1.6              In the event that, after delivery of the PRODUCT, the BUYER’s credit card is used unlawfully by unauthorized persons and, as a result, the bank does not transfer the PRODUCT price to the SELLER, the BUYER shall return the delivered PRODUCT to the SELLER within 3 (three) days, with shipping costs borne by the BUYER.

1.7              The BUYER accepts and undertakes that all legal risks arising from the difference between the person to whom the PRODUCT is delivered and the credit card holder shall belong to them and that they shall make no claim against the SELLER in such circumstances. In cases of refund for payments made by credit card, the SELLER shall not be held liable for potential delays caused by the bank’s processing time.

1.8              For physical product sales outside the borders of the Republic of Turkey, the BUYER is responsible for all costs related to the order, including shipping costs, customs duties, import taxes, and similar expenses. These costs are not included in the product price, and the BUYER acknowledges, declares, and undertakes that these costs are their responsibility and that the SELLER is not responsible for them.

1.9              The PRODUCTS, in whole or in part, and/or any information, software, or service obtained from the PRODUCT may not be altered, copied, distributed, reproduced, published, or sold. The BUYER agrees not to use the PRODUCT for unlawful purposes. Otherwise, all legal and criminal liability shall rest with the BUYER.

1.10          In cases where the SELLER imposes quantity limitations on PRODUCTS or promotional sales, the BUYER agrees to comply with such restrictions. If the BUYER places orders exceeding the stated limitation, the excess orders shall be canceled, and the corresponding amounts shall be refunded within the legal period.

ARTICLE 11: SPECIAL PROVISIONS

11.1 In cases where the BUYER selects the corporate invoice option when placing an order, the SELLER shall issue a corporate invoice based on the tax identification number and tax office information provided by the BUYER. The BUYER acknowledges, declares, and undertakes that the information provided for the issuance of the corporate invoice is accurate and up to date. The BUYER shall be solely responsible for any direct or indirect damages arising from incorrect or incomplete information provided.

11.2 In the event that banks organize promotional campaigns related to payment terms, the BUYER acknowledges that the determination of such campaigns, payment conditions, installment numbers, and related payment plans are entirely at the discretion of the relevant bank.

11.3 In cases where the BUYER contacts the customer representative, any communication fees charged by the operator shall be borne by the BUYER.

ARTICLE 12: COMPLIANCE WITH APPLICABLE LEGISLATION

12.1 In the event that the SELLER incurs any loss or damage, whether material or moral, due to the BUYER’s breach of obligations set forth under the applicable legislation, the BUYER shall, without the need for any prior notice or warning, compensate the SELLER for all such losses within three (3) days following the SELLER’s notification.

ARTICLE 13: INTELLECTUAL PROPERTY RIGHTS

13.1 All contracts, specifications, and any related materials prepared by the SELLER for the BUYER, together with all copyrights, brand and design rights, and other intellectual property rights therein, shall be the exclusive property of the SELLER.

13.2 The BUYER shall not alter, modify, or distort the content or essence of the Product delivered to them in any manner that changes its meaning. The BUYER does not have the right to physically or digitally reproduce, distribute, rent, distribute, transmit to the public, provide access to information, process or otherwise use or archive this PRODUCT without the written permission of SELLER.

13.3 The right to use the products delivered to the BUYER is limited to the license term selected by the BUYER at the time of purchase. This term is limited to the validity period of the contract in any case, and the license term and scope cannot be extended.

13.4 The BUYER has absolutely no right to use the name "Anadolu Agency" or any other brand, trade name, or logo of SELLER, except as required for the proper use of the services under this AGREEMENT. The BUYER shall have no interest or right, whether statutory or otherwise, over the SELLER’s products, trademarks, trade names, logos, or any other distinctive signs.

13.5 Except for the rights expressly granted under this AGREEMENT, no copyright or any other intellectual property right in any of the SELLER’s PRODUCTS is conferred upon the BUYER. The SELLER expressly reserves all rights not expressly granted herein.

ARTICLE 14: OBLIGATIONS UNDER THE LAW ON THE PROTECTION OF PERSONAL DATA

14.1 Within the scope of the commercial or contractual relationship between the Parties, regarding the processing of data defined as personal data under Law No. 6698 on the Protection of Personal Data (“KVKK”):

a)      Each Party undertakes to comply with the provisions of the Constitution of the Republic of Türkiye, the Turkish Penal Code, the Turkish Civil Code, and all applicable primary and secondary legislation, including Law No. 6698 on the Protection of Personal Data (“KVKK”) and related sub-regulations. Each Party further undertakes not to engage in any act or omission that may cause the other Party to violate data protection legislation, to take all measures prescribed or to be prescribed by applicable laws, and to fulfill its obligations completely, properly, and in a timely manner.

b)     Within the scope of this AGREEMENT, each Party undertakes to process the personal data shared by the other Party in accordance with the KVKK and the relevant legislation; to share such data with third parties only in cases permitted by law; to use all general and special categories of personal data solely for the purpose of performing the services covered by this AGREEMENT; and to process such data only when necessary for the establishment or performance of this AGREEMENT. Each Party shall take all necessary measures to ensure data security and, unless retention is required by law, shall delete or destroy the personal data in its possession once the purpose for processing ceases to exist. The Parties agree that their obligations regarding the protection of personal data shall continue to survive the termination of this AGREEMENT.

c)      The BUYER acknowledges, declares, and undertakes that, pursuant to Article 10 of Law No. 6698 on the Protection of Personal Data, they have read the “AAKİTAP WEBSITE PRIVACY POLICY AND” AND “COOKIE POLICY,” which constitutes an annex to this AGREEMENT, and which transparently sets out the methods of personal data collection, purposes and legal grounds for data processing, principles governing data transfer, and the rights of data subjects.

ARTICLE 15: ASSIGNMENT

15.1 The BUYER may not assign this AGREEMENT to any third party, may not exercise the rights arising from this AGREEMENT through a third party, and may not authorize any third party to exercise such rights on their behalf.

15.2 The transfer of the BUYER’s trade name shall not be deemed a transfer of this AGREEMENT. Likewise, any change in the BUYER’s name, type, brand, partnership structure, or similar alterations shall not constitute grounds for termination of this AGREEMENT. However, in such cases, the BUYER shall notify the SELLER in writing of the relevant changes or updates within seven (7) business days.

15.3 The SELLER reserves the right to unilaterally terminate this AGREEMENT in the aforementioned circumstances.

ARTICLE 16: NOTICES

16.1 The addresses of the BUYER and the SELLER as stated on the WEBSITE are accepted as their legal domiciles and official notification addresses. The BUYER is responsible for updating any change of address on the WEBSITE. Otherwise, any notice served by the SELLER to the address registered on the WEBSITE shall be deemed valid, and the BUYER agrees not to raise any objection regarding the invalidity of such notices.

ARTICLE 17: EXCLUSIVE EVIDENCE

17.1 In the event of any dispute arising from the implementation of this AGREEMENT, the SELLER’s records shall constitute the sole and exclusive evidence.

ARTICLE 18: SEVERABILITY

18.1 In the event that any provision of this AGREEMENT is declared invalid or unenforceable by a competent court, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions of this AGREEMENT. Only the invalidated provision shall be deemed excluded from the AGREEMENT.

ARTICLE 19: MISCELLANEOUS PROVISIONS

19.1 The SELLER undertakes to provide the services specified within the scope of this AGREEMENT in an orderly and uninterrupted manner. The SELLER shall not be held liable for any disruptions arising from failures in broadcasting or technical infrastructure of media organizations, breakdowns or interruptions caused by TÜRKSAT, Türk Telekom, or internet service providers, nor for any interruptions resulting from force majeure events such as natural disasters, strikes, lockouts, economic crises, acts of terrorism or civil unrest, or restrictions imposed by governmental authorities on the transmission or receipt of information.

19.2 To the maximum extent permitted by applicable law, the SELLER shall not be liable for any expenses, investments, sales, commitments, loss of existing or prospective profits, or any other losses or damages incurred by the BUYER, whether direct or indirect, arising out of or in connection with this AGREEMENT.

19.3 This contract has been prepared in Turkish and English, and in case of any conflict between the articles, the Turkish texts will prevail.

ARTICLE 20: INTERPRETATION OF THE AGREEMENT

20.1 Nothing in this AGREEMENT shall be construed as creating a partnership or joint venture between the Parties. The relationship between the SELLER and the BUYER is that of an independent sales arrangement. No provision of this AGREEMENT shall be interpreted as establishing an agency, representation, or partnership relationship, nor as granting either Party the authority, express or implied, to assume obligations on behalf of the other Party. Likewise, neither Party shall have any authority to legally bind the other in any manner whatsoever.

ARTICLE 21: GOVERNING LAW AND JURISDICTION

21.1 The Parties shall apply to the Consumer Arbitration Committees s and Consumer Courts   regarding the disputes arising from the implementation of this AGREEMENT within the monetary limits determined annually by the Ministry of Trade of the Republic of Türkiye.

21.2 For disputes exceeding the monetary limits set forth above, the Consumer Courts located at the BUYER’s place of residence and Ankara Courts and Enforcement Offices shall have jurisdiction, provided that the parties first apply to mediation prior to filing a lawsuit.

ARTICLE 22: ENTRY INTO FORCE

22.1 This AGREEMENT, consisting of 22 (twenty-two) articles, shall enter into force upon the BUYER’s completion of the necessary purchase procedures on the WEBSITE and the SELLER’s approval of such transaction.