1. PARTIES AND CORPORATE INFORMATION
A. Seller Information
The seller party to this agreement is Beta Alg Biotechnology Ltd. Co. (Sepiida), a company operating in the biotechnology and cosmetics sectors, located at Kültür Mahallesi, Çakmaklar Caddesi, Teknokent Main Building, Block No. 2, Interior Door No. 47, 14300 Merkez – BOLU / TURKEY, with tax number 1670893813, Beta Alg Biotechnology Ltd. Co. (Sepiida). The Seller is obligated to fulfill its disclosure and information obligations to consumers in accordance with the Regulation on Distance Contracts and transparently declares its corporate identity through legal identifiers such as the MERSIS number and KEP address. The Seller guarantees that the products offered through its website comply with applicable laws, are safe, and possess the specified qualities; however, it assumes liability within legal limits for interruptions caused by technical malfunctions or force majeure.
The seller’s contact information is kept up-to-date and accessible so that the consumer can reach the seller directly in the event of any dispute, request, or complaint. Under the Law on the Regulation of Electronic Commerce, the seller ensures that the process of establishing the contract is verifiable by providing the buyer with a transaction guide and technical steps. The seller has adopted as a fundamental principle the assurance that the consumer’s consent is formed without any impairment by clearly presenting all financial obligations and contract details before the buyer confirms the order. In this context, the seller informs the buyer at every stage of the order and retains legal records for the periods prescribed by law.
B. Buyer Information
The Buyer refers to the natural person (Consumer) who places an order for goods or services through the Sepiidastore website for non-commercial or non-professional purposes. The Buyer warrants the accuracy and ownership of the contact information provided in the order form and during the registration process, such as name, surname, address, phone number, and email address. In the event that delivery cannot be made or the contract cannot be fulfilled due to incorrect or incomplete information provided, all liability rests with the Buyer, and the Seller reserves the right to claim compensation for any damages incurred as a result. As a party to the contract, the Buyer is obligated to act in good faith when exercising rights arising from the Law and Regulations.
By electronically accepting this contract, the Buyer acknowledges that they are aware of the payment obligation and agrees to pay the total amount stated in the order summary. As a consumer, the Buyer is responsible for using the purchased products in accordance with the usage instructions and, particularly in the case of cosmetic products, for maintaining hygiene barriers. The Buyer acknowledges that they have read and understood the information regarding the essential characteristics and sales price of the products subject to this contract and that they made their purchase decision based on this information. If the Buyer fails to notify the Seller of any changes to their contact information, notifications made to the current information shall be deemed legally valid.
C. Formation of the Contract and Pre-Contractual Information Consent
This Distance Sales Contract is deemed legally established once the Buyer reads the “Pre-Contract Information Form” available on the website, electronically approves it, and subsequently approves the contract text. The Pre-Contract Information Form is an integral part of the contract pursuant to the Distance Contracts Regulation; the buyer cannot proceed to the contract stage or complete their order without approving this form. This “double approval” mechanism is designed to ensure consumer protection and the implementation of the principle of informed consent. Upon the formation of the contract, mutual rights and obligations arise between the parties, and the parties become bound by these terms.
The process of forming the contract electronically is completed when the buyer views the order summary, selects a payment method, and clicks the confirmation button. The seller is obligated to promptly send a confirmation message regarding the formation of the contract and a copy of the contract to the email address provided by the buyer. After this stage, the buyer may not unilaterally withdraw from the contract except for the right of withdrawal and other legal remedies provided in the contract terms. The contract text is stored in the seller’s database, and the buyer may access the contract copy at any time through their user panel or by contacting the seller. All texts presented to the buyer for approval during this process are formatted in a clear, understandable, and readable manner.
2. SUBJECT MATTER AND SCOPE OF THE CONTRACT
A. Purpose of the Contract
The primary purpose of this contract is to establish the procedures and principles regarding the sale and delivery of products ordered by the buyer through the seller’s Sepiidastore online platform. The contract aims to ensure legal certainty by documenting the rights and obligations of the parties under the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts. While the seller undertakes to deliver the product with the promised qualities and within the specified timeframe, the buyer assumes the obligation to pay the product price and accept delivery. This Agreement applies exclusively to distance sales made through the website and does not cover sales at physical stores or through other channels.
The quality of the services and products offered under this Agreement is determined by the Seller’s biotechnological standards and applicable legal regulations, and our goal is to maintain consumer satisfaction at the highest level. This text outlines the framework of the commercial relationship between the parties and serves as the primary legal document to be referenced in the event of any disputes. Each clause of the contract has been drafted to strike a balance between the fundamental principle of consumer protection and the seller’s operational security. Our aim is to create a transparent purchasing process, ensuring the buyer is fully informed about all details of the product they purchase and understands how to exercise their rights.
B. Legal Basis
This contract has been prepared in full compliance with the provisions of Law No. 6502 on the Protection of Consumers, which is in force within the borders of the Republic of Turkey, and the Regulation on Distance Contracts prepared pursuant to this law. Additionally, Law No. 6563 on the Regulation of Electronic Commerce and related secondary legislation serve as the fundamental basis for the formation of the contract and commercial communication processes. The relationship between the parties is governed by these mandatory legal provisions; should any provision in the contract conflict with the law, the provisions of the mandatory law shall take precedence.
The legal framework governs not only the formation of the contract but also the right of withdrawal, delivery periods, liability for defective goods, and dispute resolution mechanisms. The Seller undertakes to conduct its activities within this legal framework and not to deviate from the legislation in a manner detrimental to the consumer. In particular, the provisions of Law No. 6698 regarding the protection of personal data remain in force, and data collected during the performance of the contract is processed in accordance with this law. In the interpretation and application of the contract, the established case law of the Consumer Arbitration Boards and Consumer Courts, as well as the regulatory actions of the Ministry of Trade, are taken as the basis.
3. PRODUCT, PRICE, AND PAYMENT INFORMATION
A. Basic Characteristics of the Products
The products subject to this contract consist of cosmetic and personal care products listed on the Sepiidastore website and selected by the buyer in the order form. The basic characteristics of the products, such as brand, model, quantity, color, and intended use, are detailed on the product description pages of the website and in the order summary. While the Seller makes every effort to ensure that product images accurately reflect the actual product, the Seller notes that minor discrepancies may occur due to screen resolution or packaging updates. The Buyer acknowledges that they have reviewed the product’s basic characteristics before placing the order and that these characteristics are suitable for their needs.
The ingredients, usage instructions, and storage conditions of cosmetic products are specified on the product packaging and/or the product page. The Seller guarantees that these products, produced using biotechnological methods, comply with legal standards and match the declared ingredients. The Buyer is reminded that these products are not pharmaceutical in nature, cannot be used for therapeutic purposes, and their effects may vary from person to person. The buyer is obligated to check the ingredient list before using the products and to test them on a small area to assess the risk of an allergic reaction. In the event of any deficiency or defect regarding the products’ essential characteristics, the seller’s liability continues within legal limits.
B. Sales Price and Payment Terms
The sales price of the products, including all taxes, is clearly stated in the order form and in the order confirmation email sent to the buyer. The listed prices remain valid until the seller makes an update or the promotional period ends. The buyer is obligated to pay the total amount using the selected payment method (credit card, debit card, bank transfer/EFT, etc.). For payments made by credit card, the installment options and interest rate applications offered by the bank are entirely subject to the terms of the agreement between the buyer and their bank; the seller has no involvement or liability in this matter.
The seller is not obligated to ship the product until the payment process is completed and bank approval is received. The buyer is personally responsible for any risks arising from unauthorized use of the card or account used during payment. To ensure payment security, the seller uses SSL-certified secure payment infrastructures and does not store the buyer’s card information in its own systems. Unless otherwise specified, shipping costs (shipping fees) are not included in the total sales price; however, the seller may cover the shipping fee for purchases exceeding a certain amount. Transparency is the guiding principle in pricing and payment processes, and no additional costs not reflected at the time of order may be charged later.
C. Pricing Errors and Right to Correction
The seller takes the necessary technical measures to keep product prices and stock information on the website up to date. However, in cases of “obvious pricing errors”—such as those resulting from data entry errors, system malfunctions, or software vulnerabilities—that are significantly below market value, the seller reserves the right to cancel the order and withdraw from the contract. In such cases, the seller will notify the buyer as soon as the error is detected, cancel the order, and refund the amount collected to the buyer. The buyer may not, under the principle of good faith, compel the seller to sell at a price resulting from an obvious error.
No penalty clauses or additional costs may be imposed on the buyer during the process of correcting pricing errors. While correcting the error, the seller may offer the buyer the opportunity to place a new order at the current and correct price. In cases of stock shortages resulting from technical errors, a similar procedure is followed to address the buyer’s inconvenience. The buyer acknowledges that such technical glitches may occur while using the website and accepts the seller’s right to make good-faith corrections. This provision shall be applied solely for the purpose of correcting material errors, in accordance with the principle of good faith, and in a manner that does not infringe upon the consumer’s right to protection.
4. ORDER AND FORMATION OF THE CONTRACT
A. Order Process and Payment Confirmation
The order process begins when the buyer adds desired products to the cart via the Sepiidastore platform, enters delivery and billing information, and proceeds to the payment step. The buyer has the opportunity to review the order summary, the total amount due, and the terms of the contract one final time immediately before making payment. Once payment approval is granted by the bank or relevant financial institution, the order is processed by the seller’s system, and the contract is established electronically. The seller immediately sends a confirmation notification to the buyer’s email address confirming receipt of the order.
Confirmation of the order implies that the buyer accepts the payment obligation. The seller reserves the right not to process orders for which payment approval has not been received. For payments made via bank transfer or EFT, the order may be automatically canceled by the system if the payment is not credited to the account within the timeframe specified by the seller. The transaction guide provided to the buyer throughout the ordering process clearly indicates at each step where the buyer is in the process and how to correct any errors. Receipt of payment confirmation marks the point at which the debt relationship between the parties is finalized and the seller begins the product preparation process.
B. Security Verifications and Order Cancellation
To ensure financial security and prevent fraud, the seller reserves the right to subject orders to various security filters. In cases of suspicious transactions, the seller may request additional verification from the buyer (such as phone confirmation or ID verification) to protect the credit cardholder’s security. If the buyer fails to complete this verification or the provided information is insufficient, the seller has the authority to unilaterally cancel the order. This is a security measure intended to protect the rights of both the seller and the actual cardholder.
In the event of an order cancellation, if payment has been processed, the amount will be refunded to the buyer’s payment method within 14 days at the latest. The seller may also cancel an order due to out-of-stock items, pricing errors, or logistical impossibilities. In such cases, the buyer is immediately notified, and any amount paid is refunded. The buyer acknowledges that in cancellations made for security reasons, the seller acts in good faith and is obligated to protect system security. The cancellation of the order terminates the contract between the parties, and no right to claim any further compensation from one another arises beyond the refund process.
5. DELIVERY TERMS
A. Delivery Time and Method
The products subject to this contract are shipped to the delivery address specified by the buyer in the order form via the seller’s contracted shipping companies. The seller undertakes to deliver the products within a legal 30-day period from the date the order is confirmed. Generally, products are handed over to the shipping company within 1–3 business days, depending on stock availability. Delivery times may vary depending on the distance to the buyer’s location, the shipping company’s distribution network, and seasonal demand. Once the product is handed over to the shipping company, a tracking number is provided to the buyer to monitor the process.
The standard delivery method is “delivery to address”; however, in regions where the shipping company delivers to a branch, the buyer may be required to pick up the product from the branch. While the seller diligently monitors the process after the product is handed over to the shipping company, the seller cannot be held legally liable for delays caused by the shipping company within legal limits. If the product cannot be delivered within the legal 30-day period, the buyer has the right to terminate the contract. In the event of delivery delays due to force majeure circumstances such as extraordinary events, strikes, lockouts, natural disasters, or transportation disruptions, the seller is obligated to notify the buyer of the situation. Upon delivery, any damage to or benefit from the product passes to the buyer.
B. Address Information and Delivery Responsibility
The buyer is obligated to provide complete, accurate, and up-to-date address information to ensure smooth delivery. If the product cannot be delivered and is returned to the seller due to missing or incorrect address information (such as building number, apartment number, neighborhood name, etc.), the buyer will be responsible for any additional shipping costs incurred. If the recipient is not present at the delivery address, the recipient must collect the product from the relevant shipping branch in accordance with the "notification form" left by the shipping company. For products that are not collected from the branch and are returned to the seller, reshipment at the recipient’s request may be subject to an additional fee.
If a person present at the address accepts the product during delivery, this constitutes delivery to the buyer. If the buyer does not wish for the product to be delivered to anyone other than themselves, they must specify this in the order notes. The seller cannot be held responsible if the person at the address indicated by the buyer refuses to accept the delivery. Delivery responsibility begins when the product is handed over to the shipping company in good condition and complete, and ends when it is physically delivered to the buyer (or the person designated by the buyer). If the buyer wishes to change the delivery address after order confirmation, this request must be made before the shipment is dispatched; otherwise, the address change will be subject to the shipping company’s discretion and may incur additional costs.
C. Delivery of Damaged Products and Obligation to File a Report
The recipient or the person receiving the product is obligated to inspect the package at the time of delivery and refuse to accept the product if there is any visible damage (crushing, tearing, water damage, etc.). In such cases, a “Damage Report” must be prepared with the shipping agent, and the package must be returned to the shipping company. For damaged products where no report is filed, it may be difficult to determine whether the damage occurred during shipping or after delivery, so the recipient’s requests for return or exchange may be denied. The recipient must inspect the contents before leaving the delivery agent’s presence and immediately notify the seller if there are any missing or incorrect items.
Accepting a damaged package constitutes the shipping company having fully fulfilled its obligations. However, in cases of “hidden damage”—where the damage is not visible from the outside and is only discovered upon opening the package—the buyer must notify the seller as soon as the damage is detected (preferably on the same day), along with photographic evidence. The seller undertakes to replace the damaged product with a new one or refund the purchase price in accordance with properly documented reports and notifications. This inspection obligation on the part of the consumer is of critical importance both for protecting their own rights and for enabling the seller to exercise their right of recourse against the shipping company. The return process may not be applicable for products that have been used or had their packaging discarded without prior damage assessment.
6. RIGHT OF WITHDRAWAL
A. Time Limit and Conditions for Exercising the Right of Withdrawal
Pursuant to Law No. 6502 and the Regulation on Distance Contracts, the buyer has the right to withdraw from the contract within 14 (fourteen) days from the date the product is delivered to the buyer or a third party at the address indicated, without providing any reason and without paying a penalty. The withdrawal period begins on the day the product is received in contracts involving the delivery of goods. To exercise this right, it is sufficient to provide written notice to the seller via email, phone, or the return form on the website within the 14-day period. Upon exercising the right of withdrawal, the process of returning the product to the seller begins.
For the right of withdrawal to be valid, the product must not fall under the exceptions listed in Article VII and must retain its “resaleability.” For cosmetic products, the right of withdrawal may be exercised only if the product’s packaging remains unopened, the protective seal is intact, and the product has not been used. The consumer is not liable for any changes or damage resulting from the use of the product in accordance with its operation, technical specifications, and usage instructions within the withdrawal period; however, the seller reserves the right to claim compensation for any loss of value resulting from use that goes beyond normal use and causes damage to the product. After the notice of withdrawal is given, the product must be shipped to the seller within 10 days at the latest.
B. Return Procedure and Notification Obligation
A buyer wishing to exercise the right of withdrawal must first submit a return request through the Sepiidastore website or provide written notice to customer service. The notice must include the order number, the product to be returned, and the reason for return (optional). Upon receiving the return request, the seller will provide the buyer with a “return shipping code.” The buyer must package the product in its original condition, including the original invoice (or return form), box, packaging, and any standard accessories, ensuring it is complete and undamaged. For returns of orders with invoices issued in the name of a business, issuing a return invoice is a legal requirement.
The seller will refund all collected payments (including delivery costs, if any) to the buyer’s original payment method within 14 days of receiving the notice of withdrawal. For payments made by credit card, the refund amount is paid to the bank in a single transaction; however, the time it takes for the bank to reflect this amount on the buyer’s statement depends on the bank’s internal processes. The buyer is responsible for monitoring the refund process and must verify whether the returned product has reached the seller using the shipping tracking number. Once the returned product reaches the seller, the necessary checks are conducted, and the refund is approved if the conditions are met.
C. Return Shipping Costs and Agreed-Upon Shipping Terms
In accordance with the Distance Contracts Regulation, if the consumer exercises their right of withdrawal, return shipping costs are the seller’s responsibility; however, this rule is subject to the condition that the buyer ships the product using the “contracted shipping company” specified by the seller. The seller informs the buyer of a specific shipping company and a return code for the return process. If the buyer chooses to send the product via a shipping company other than the designated one, the shipping cost will be borne by the buyer. In this case, the seller has the right to refuse cash-on-delivery shipments or to deduct the shipping cost from the refund amount.
If the contracted shipping company does not have a branch in the buyer’s location, the seller is obligated to ensure the return is accepted without additional costs. The seller is responsible for return shipping costs only if the right of withdrawal is exercised in accordance with the procedure and within the prescribed timeframe. In returns of defective goods, the shipping cost is also the seller’s responsibility. When handing over the product to be returned to the carrier, the buyer must ensure that the package is securely sealed and properly packed to prevent damage during transit. The buyer may be held liable for any damage caused by improper packaging during shipping. To ensure transparency in the return shipping process, the seller lists the contracted carriers on its website.
7. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
A. Products Unsuitable for Hygiene and Health Reasons
Pursuant to Article 15/1-c of the Distance Contracts Regulation; "the return of goods whose protective elements such as packaging, tape, seals, or packages have been opened after delivery; and those whose return is not suitable for health and hygiene reasons" is not permitted. Cosmetic products, perfumes, skincare products, and personal care devices sold by Sepiidastore fall under this category. By their very nature, these products come into contact with the external environment the moment their protective packaging is opened, thereby losing their hygienic properties. This situation not only makes it impossible to resell the product to another consumer but also poses a risk to public health.
The buyer acknowledges that if they open the outer packaging, safety seal, or vacuum-sealed package of the purchased cosmetic product, they cannot exercise their right of withdrawal unless there is a manufacturing defect (defect) in the product.
B. Opened Cosmetic Products
In the case of cosmetic products, opening the packaging refers not only to opening the outer cardboard box but also to the damage of protective elements such as the lid, pump, foil, or seal that come into direct contact with the product. Applying lipstick, opening the lid of a cream to expose it to air, or spraying perfume is sufficient for the product to be considered “used.” Since it is technically impossible to restore the product to its original condition after such actions, the seller is no longer obligated to accept returns for these items. The buyer should assess the product’s contents and scent through the outer packaging or, if available, via samples before testing it.
Even if the packaging has been opened but the product has not been used at all, products with compromised hygiene seals cannot be returned. The seller inspects returned products with specialized teams and, if a breach of protective measures is detected, rejects the return request and sends the product back to the buyer. This procedure is carried out with meticulous care to protect the health of other consumers and ensure product quality. The buyer must check that the product packaging is not damaged upon delivery; if a product with damaged packaging is received, this must be reported immediately under the "damaged product" procedure. A buyer who opens the packaging voluntarily is deemed to have waived their right of withdrawal.
C. Other Cases Excluded from the Scope of the Right of Withdrawal
Other cases where the right of withdrawal cannot be exercised under the Regulation include products prepared according to the consumer’s specific requests or personal needs (customized products), as well as goods that are perishable or likely to expire. Mixtures or sets sold through Sepiidastore and prepared specifically for a particular individual may fall under this category. Additionally, the right of withdrawal does not apply to contracts for the delivery of goods whose prices fluctuate based on financial market conditions and are beyond the seller’s control, as well as contracts for the delivery of periodicals such as newspapers and magazines outside the scope of subscription agreements.
The buyer also loses the right of withdrawal if they open the packaging of digital content or computer consumables (software, CDs, DVDs, etc.). Goods that have become mixed with other products after delivery and cannot be separated due to their nature are also non-returnable. Exceptions to the right of withdrawal are mandatory provisions of the law and cannot be expanded or restricted by agreement between the parties. The buyer must carefully read the Pre-Contract Information Form to determine which products are eligible for return before making a purchase. If a product falling under an exception is returned, the product will not be accepted, and shipping costs will be the buyer’s responsibility.
8. GENERAL PROVISIONS
A. Buyer’s Declarations and Undertakings
The Buyer declares that they have read and are fully informed about all pre-contractual information regarding the essential characteristics of the product subject to this contract, the sales price, payment method, and delivery terms as stated on the Sepiidastore website, and that they have provided the necessary confirmation electronically. By approving this contract as a consumer, the Buyer acknowledges that they have been informed regarding the right of withdrawal and the terms of use. Furthermore, the Buyer warrants the accuracy of all personal information provided during the ordering process and acknowledges that the Seller is not liable for any delays resulting from the failure to keep such information up to date. The Buyer agrees to act in compliance with laws, ethics, and principles of good faith while using the website and not to engage in any actions that may harm the website’s infrastructure.
The Buyer declares that they will comply with the warnings in the user manual of the products they purchase and, particularly for products carrying an allergy risk, will conduct the necessary tests. The Buyer undertakes that the products were not purchased for commercial purposes (such as resale) but were ordered solely for personal use. The Buyer acknowledges that the Seller has the right to unilaterally determine the terms of campaigns and discounts and agrees to comply with such terms. The Seller may suspend or terminate the Buyer’s membership if the Buyer acts in violation of the terms of this Agreement. The Buyer declares that they are aware that the consent provided electronically has the same legal consequences as a wet signature.
B. Force Majeure and Limitations of Liability
Circumstances that did not exist or could not have been foreseen at the time the contract was signed, that develop beyond the parties’ control, and that render the performance of obligations partially or entirely impossible (natural disasters, war, terrorism, riots, changes in statutory provisions, strikes, lockouts, major malfunctions in production facilities, internet and power outages, etc.) are deemed force majeure. The party affected by the force majeure event is obligated to immediately notify the other party of the situation. During the period of force majeure, the parties shall not be held liable for their inability to fulfill their obligations, and this period shall be added to the term of the contract. If the force majeure event lasts for more than 30 days, the parties shall have the right to terminate the contract without compensation.
While the Seller does not guarantee the uninterrupted operation of the website, it takes the necessary technical measures to ensure system security and data integrity. The Seller shall not be held liable for any data loss or delays resulting from cyberattacks by third parties, database breaches, or technical malfunctions caused by service providers, provided that the Seller is not at fault. The Seller’s liability is, in any case, limited to the total product price paid by the Buyer. Claims for indirect damages, loss of profits, or moral damages cannot be directed against the Seller under this contract. The Seller is not liable for bodily or property damage resulting from the improper use of products if the usage instructions are not followed.
9. PROTECTION OF PERSONAL DATA
A. Purposes of Data Processing
The Seller processes the Buyer’s personal data (name, surname, address, phone number, email, purchase history, etc.) for the purposes of establishing and fulfilling the contract, delivering the products, managing billing processes, and complying with legal obligations. Data processing activities are based on the legal grounds set forth in Article 5 of the Personal Data Protection Law No. 6698, namely “being directly related to the establishment or performance of a contract” and “enabling the data controller to fulfill its legal obligations.” Additionally, where the recipient has given explicit consent, data processing may also be conducted for campaign, discount, and marketing activities.
Personal data is retained only for the specified purposes and for the duration necessary to fulfill the purpose of processing. The seller takes the necessary technical and administrative measures (encryption, access restrictions, firewalls, etc.) to protect data against unauthorized access. The buyer’s data may be shared with shipping companies to facilitate delivery, with banks for payment collection, and with authorized public institutions as required by law. Transparency is a core principle in data processing, and the goal is for the buyer to have full control over their data. The seller periodically audits its data processing activities and ensures compliance with current security standards.
B. Reference to the Information Notice and Privacy Policy
More detailed information regarding the processing of personal data is available in the "KVKK Information Notice" and "Privacy Policy," which are permanently published on the Sepiidastore website. By accepting this agreement, the buyer acknowledges that they have read these documents and have been informed about the data processing procedures. The Information Notice, in accordance with Article 10 of the Law, details the identity of the data controller, the purposes for which the data will be processed, to whom it may be transferred, the method of collection, and the Buyer’s rights under Article 11 of the Law. These texts are considered an integral part of this agreement.
The Recipient may always contact the Seller using the procedures specified in the Privacy Notice to exercise their rights regarding personal data (such as the right to access, rectify, erase, or anonymize data). The Seller will process these requests free of charge within a maximum of 30 days in accordance with the Regulation on Procedures and Principles for Applications to the Data Controller. The Privacy Policy also includes technical details regarding cookie usage and website security, explaining how the Buyer’s digital footprint is protected. The Seller will announce any updates to its data protection policies via the website and ensure the Buyer has access to this information at all times.
10. RESOLUTION OF DISPUTES AND COMPETENT AUTHORITIES
A. Consumer Arbitration Boards and Monetary Limits
In the event of disputes arising from this agreement, the buyer may submit complaints and objections to the Consumer Arbitration Boards located in the place where the goods or services were purchased or where the buyer resides, within the monetary limits announced by the Ministry of Trade each December and effective as of January. Financial limits are definitive jurisdictional boundaries that determine which authority should be approached to resolve a dispute. For disputes falling below the established limit, submission to the District or Provincial Consumer Arbitration Boards is mandatory; the decisions rendered by these boards are binding on the parties and may be enforced through judicial execution proceedings in accordance with the provisions of the Enforcement and Bankruptcy Law.
Filing a claim with the Consumer Arbitration Boards is a free avenue for consumers to seek redress. The buyer must submit a copy of the contract, the invoice, and any other evidence during the filing process. An appeal may be filed with the Consumer Court within 15 days of the date of notification of the Board’s decision; however, the appeal does not automatically suspend the enforcement of the decision. The seller has the right to defend themselves by providing the necessary information and documents during arbitration proceedings. The parties may attempt to resolve the dispute through mutual negotiation and customer service channels before referring it to the arbitration board. Since monetary limits are updated annually, it is the buyer’s responsibility to verify the current limits at the time of filing.
B. Consumer Courts
In disputes exceeding the monetary limit set by the Ministry of Trade, Consumer Courts have jurisdiction. In locations where Consumer Courts are not available, the Civil Courts of First Instance hear the case in the capacity of a Consumer Court. Pursuant to Law No. 6502, filing a claim in Consumer Courts is conditional upon having first sought mediation. The parties must first meet before a mediator to attempt to resolve the dispute amicably before going to court. If an agreement cannot be reached during the mediation process, the litigation process may be initiated.
Consumer Courts resolve disputes in accordance with the provisions of the Law, Regulations, and the contract. The court process involves a more comprehensive trial compared to arbitration. Although the buyer is exempt from court fees when filing a lawsuit, if the case is dismissed, the buyer may be ordered to pay the opposing party’s attorney’s fees and litigation costs. The seller undertakes to comply with court decisions and follow legal procedures. Turkish law shall apply to any legal disputes arising from this contract. In determining the competent court, the consumer’s right to choose the court of their place of residence is reserved in accordance with the principle of consumer protection.
11. ENTRY INTO FORCE AND SIGNATURE
A. Electronic Consent and Entry into Force of the Agreement
This agreement consists of 11 articles and has been read and approved electronically by the buyer at the moment the order is completed via the website. The buyer’s clicking of the “Confirm Order” button or a similar expression constitutes acceptance of all terms of the agreement and constitutes a signature. Electronic consent constitutes a valid expression of intent under the Turkish Code of Obligations No. 6098 and Law No. 6563, and produces the same legal consequences as a written contract between the parties. The contract enters into force as of the date and time of approval and terminates upon the parties’ full performance of their obligations.
Log records and approval data maintained in the electronic environment serve as conclusive evidence of the contract’s formation. The buyer is provided with the option to download or print the contract text to their device prior to approval. Upon the contract’s entry into force, the buyer’s obligation to pay and the seller’s obligation to prepare and deliver the product become due. The parties acknowledge the non-repudiability and legal validity of this electronic signature. Any amendments to the contract shall be made through mutual consent of the parties and conducted electronically.
B. Retention of the Contract Text
The seller is obligated to store this contract entered into with the buyer and the relevant pre-contractual information form in an electronic environment for a period of 3 (three) years in accordance with the Distance Contracts Regulation. During this period, the buyer may request a copy of the contract from the seller at any time or access contracts related to past orders through the member portal. The retention of the contract text is of critical importance for both legal audits and to facilitate proof in the event of potential disputes. The seller undertakes to protect the security and integrity of the stored data.
The contract text is stored in the version applicable at the time of the buyer’s order; subsequent changes to the contract template do not affect past contracts. The order confirmation email sent to the buyer also includes a copy of the contract or an access link. To protect their rights, the buyer is advised to retain this email and a copy of the contract in their own systems. The seller will delete, destroy, or anonymize personal data in accordance with the Law at the end of the data retention period. This contract text is preserved in the digital archive as a “true copy” by mutual agreement of the parties.