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NOVARİS KOZMETİK SANAYİ TİCARET ANONİM ŞİRKETİ

DISTANCE SALES AGREEMENT

1. PARTIES

This Agreement has been concluded between the following parties under the terms and conditions set out below.

I – SELLER INFORMATION

(Hereinafter referred to as the “SELLER”)

Company Name: NOVARİS KOZMETİK SANAYİ TİCARET ANONİM ŞİRKETİ
Address: MERKEZ MAH. KAĞITHANE CAD NO 39/B NO:1 KAĞITHANE / MERKEZ
Telephone: +90 545 170 30 30
E-mail: [email protected]

II – BUYER INFORMATION

(Hereinafter referred to as the “BUYER”)

Recipient:
Delivery Address:
Telephone:
E-mail / Username:

III – INTERMEDIARY SERVICE PROVIDER INFORMATION

Information	Details
Intermediary Service Provider Company Name	Novaris Kozmetik Sanayi Ticaret Anonim Şirketi
Intermediary Service Provider MERSIS No.	0632148504200001
Intermediary Service Provider Registered Address	Merkez Mahallesi Kağıthane Caddesi No:39 B/1 Kağıthane / İstanbul
Intermediary Service Provider Telephone
Intermediary Service Provider E-mail

By accepting this Agreement, the Buyer acknowledges in advance that, upon confirming the order subject to the Agreement, the Buyer will be obliged to pay the order amount and any additional charges specified, such as delivery charges and taxes, where applicable. The provisions relating to announcements made by the Seller on sales platforms concerning delivery charges are reserved.

2. DEFINITIONS

For the purposes of the implementation and interpretation of this Agreement, the following terms shall have the meanings set out below:

Term	Definition
I – WEBSITE	The Seller’s website.
II – BUYER	A natural or legal person who acquires, uses or benefits from goods or services for non-commercial or non-professional purposes.
III – MINISTER	The Minister of Customs and Trade.
IV – INTERMEDIARY SERVICE PROVIDER	Novaris Kozmetik Sanayi Ticaret Anonim Şirketi.
V – MINISTRY	The Ministry of Customs and Trade.
VI – NOVARİS	Novaris Kozmetik Sanayi Ticaret Anonim Şirketi, the Intermediary Service Provider providing the Platform through which Sellers offer products and services, hereinafter briefly referred to as “Novaris”.
VII – SERVICE	The subject matter of any consumer transaction other than the supply of goods, performed or undertaken in return for a fee or benefit.
VIII – LAW	Law No. 6502 on Consumer Protection.
IX – PLATFORM	The website and mobile application named www.essay.com.tr belonging to Novaris Kozmetik Sanayi Ticaret Anonim Şirketi.
X – SELLER	A natural and/or legal person, including public legal entities, who offers goods to consumers for commercial or professional purposes or acts on behalf of or for the account of a person offering goods.
XI – DELIVERY POINT	Addresses and/or locker compartments located at such addresses where Products purchased by Buyers through Novaris will be delivered by logistics companies and collected by Buyers.
XII – AGREEMENT	This Agreement concluded between the Seller and the Buyer.
XIII – PARTIES	The Seller and the Buyer.
XIV – PRODUCT OR PRODUCTS	Movable goods, residential or holiday accommodation goods subject to purchase, and software, audio, visual and similar products prepared for use in an electronic environment.
XV – REGULATION	The Distance Contracts Regulation (Official Gazette: 24.05.2025/32909).

3. SUBJECT MATTER AND SCOPE OF THE AGREEMENT

3.1.

This Distance Sales Agreement (“Agreement”) has been prepared in accordance with Law No. 6502 on Consumer Protection (“Law”) and the Distance Contracts Regulation. The Parties acknowledge and declare that they are aware of and understand their obligations and responsibilities arising from the Law and the Distance Contracts Regulation under this Agreement.

3.2.

The subject matter of this Agreement is to determine the rights and obligations of the Parties in accordance with the Law and the Distance Contracts Regulation concerning the sale and delivery of goods or services having the characteristics specified in the Agreement, which the Buyer electronically orders from the Seller offering goods or services for sale on the Platform operated by Novaris.

3.3.

The conclusion of this Agreement shall not prevent the implementation of the provisions of the Website Membership Agreements separately concluded between the Parties and Novaris. The Parties acknowledge and declare that, where Novaris is not designated as the Seller in the sale of the goods or services subject to this Agreement, Novaris shall not otherwise be a party to the relevant sale and shall have no responsibility or undertaking regarding the fulfilment of the Parties’ obligations under the Agreement.

3.4.

The Buyer acknowledges and declares that the Buyer has been informed about the basic characteristics of the goods or services subject to sale, the sales price, payment method, delivery conditions, all preliminary information relating to the goods or services subject to sale and the right of withdrawal; that the Buyer has confirmed such preliminary information electronically; and that the Buyer subsequently placed the order for the goods or services. The preliminary information displayed on the payment page of www.essay.com.tr and the invoice constitute integral parts of this Agreement.

4. MATTERS ON WHICH THE BUYER HAS BEEN PRE-INFORMED

4.1.

The Buyer acknowledges that, before this Agreement was established through acceptance by the Buyer on the Platform and before undertaking the order and payment obligations, the Buyer examined, read, understood and received the necessary information regarding all general and specific explanations contained on the relevant pages and sections of the Platform concerning the following matters:

I. The Seller’s company name, contact details and current identifying information;

II. The stages of the sales transaction when Products are purchased through the Platform and appropriate tools and methods for correcting incorrectly entered information;

III. Information regarding the professional chamber to which the Seller belongs, namely the Istanbul Chamber of Commerce (ITO), and electronic contact information through which the professional rules of conduct prescribed by the ITO may be obtained;

Telephone: 444 0 486
Website: www.ito.org.tr

IV. The privacy, data-use and data-processing rules applicable to Buyer information implemented by Novaris, electronic communication rules applicable to the Buyer, permissions granted by the Buyer to Novaris in these matters, the Buyer’s legal rights, the Seller’s rights and the Parties’ rights and methods of exercising such rights;

V. Any delivery restrictions prescribed by the Seller for the Products;

VI. Payment methods and instruments accepted by Novaris for the Products subject to the Agreement, the basic characteristics and features of the Products, and the total price including taxes and all relevant expenses payable by the Buyer to the Seller;

VII. Procedures for delivery of the Products to the Buyer and information concerning transport, delivery and shipping costs;

VIII. Other payment, collection and delivery information concerning the Products, information regarding performance of the Agreement and the responsibilities of the Parties in these matters;

IX. Products and other goods or services for which the Buyer does not have a right of withdrawal;

X. Where the Buyer has a right of withdrawal, the conditions, period and procedure for exercising such right and the fact that the Buyer will lose the right of withdrawal if it is not exercised within the applicable period;

XI. For Products subject to a right of withdrawal, if the Product deteriorates or is altered during the withdrawal period as a result of failure to use the Product in accordance with its instructions for use, normal operation or technical specifications, the Buyer may be refused a withdrawal request and shall in any event be liable to the Seller. Where accepted by the Seller, the Seller may deduct an amount it considers appropriate according to the deterioration or alteration from the refund payable to the Buyer;

XII. Where a right of withdrawal exists, the manner in which Products may be returned to the Seller and all relevant financial matters, including return methods and costs, refund of the Product price and any deductions or set-offs that may be made in respect of reward points earned and/or used by the Buyer;

XIII. The conditions and special requirements applicable to various opportunities and promotions that may periodically be offered on the Platform;

XIV. All other sales conditions contained in this Agreement according to their nature and the fact that, after this Agreement has been approved and concluded by the Buyer on the Platform, it will be sent electronically to the Buyer by e-mail and may be stored and accessed by the Buyer for the desired period, while Novaris may retain it for three (3) years;

XV. In the event of disputes, the communication details through which the Buyer may submit complaints to Novaris or the Seller and the Buyer’s right to make legal applications to Provincial/District Consumer Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.

5. INVOICE INFORMATION

Name / Surname / Company Name:

Address:
Telephone:
E-mail / Username:

5.1. Invoice Delivery

The invoice shall be delivered to the delivery address together with the order during delivery.

6. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE AGREEMENT

6.1.

The basic characteristics of the Goods/Product(s)/Service, including type, quantity, brand/model, colour and number of units, are stated on the Platform operated by Novaris. Where a campaign is organised by the Seller, the basic characteristics of the relevant Product may be reviewed during the campaign period. Such information shall remain valid until the campaign end date.

6.2.

The prices listed and advertised on the Website are sales prices. Advertised prices and offers remain valid until updated or changed. Prices advertised for a specified period remain valid until the end of the stated period.

6.3.

The total sales price of the Goods/Service subject to the Agreement, including all taxes, is shown in the table below:

Product Description	Quantity	Cash Price	Subtotal (Including VAT)

Shipping Cost

Note: In purchases made simultaneously through the open marketplace and/or other boutiques of www.essay.com.tr, the total discount amount earned, shipping cost and instalment difference, where applicable, are shown together in the above table.

Delivery Information
Delivery Address
Recipient
Invoice Address
Order Date
Delivery Date*	No later than 3 business days
Delivery Method	Delivery to the Buyer or to a www.essay.com.tr Delivery Point

Time for Delivery to the Courier Company: At least 3 business days.

* The exceptions provided under the Agreement and applicable legislation are reserved.

** The stated period does not constitute a commitment regarding delivery; it refers to the period within which the Seller delivers the Product to the courier company.

6.4.

The relevant Product price is collected from the Buyer by Novaris on behalf of the Seller within the scope of the “Buyer Protection” system. By paying the Product price to Novaris, the Buyer shall be deemed to have paid the Product price to the Seller and shall not be required to make a further payment. The Buyer’s rights to refunds under applicable legislation are reserved.

7. PAYMENT METHOD AND DEFAULT

7.1.

Since deferred sales are made only using credit cards issued by banks, the Buyer acknowledges, declares and undertakes that the Buyer will separately confirm the applicable interest rates and information concerning default interest with the relevant bank and that provisions concerning interest and default interest shall apply under the credit card agreement between the Bank and the Buyer in accordance with applicable legislation.

7.2.

If the Buyer defaults on a transaction made by credit card, the cardholder shall pay interest to the bank and shall be liable to the bank under the credit card agreement concluded between them. In such circumstances, the relevant bank may initiate legal proceedings and claim any resulting costs and legal fees from the Buyer. In all cases, where the Buyer defaults in relation to the debt, the Buyer shall be responsible for any loss or damage suffered by the Seller due to delayed performance of the Buyer’s obligations.

7.3.

Deferred or instalment payment facilities provided by institutions issuing credit cards, instalment cards or similar financial instruments, including banks and financing institutions, constitute credit and/or instalment payment facilities directly provided by such institutions. Accordingly, Product sales in respect of which the Seller has received the full price shall constitute cash sales between the Parties to this Agreement and shall not be considered instalment sales.

The Seller’s statutory rights in circumstances legally regarded as instalment sales, including the right to terminate the Agreement and/or demand payment of the remaining debt together with default interest if any instalment is not paid, are reserved.

In the event of default by the Buyer, default interest shall be applied at a rate of 5% per month.

8. DELIVERY OF PRODUCTS

8.1.

The Agreement shall enter into force upon electronic approval by the BUYER and shall be performed upon delivery of the Goods/Service purchased by the BUYER from the SELLER.

The Goods/Service shall be delivered to the address and authorised person(s) specified by the BUYER in the order form and this Agreement.

The Product shall be delivered, together with its invoice, properly packaged and intact, to the delivery address specified by the BUYER on the Website or to the person or organisation located at such address, within a maximum of 30 days, subject to mandatory circumstances that may extend this period.

Where the BUYER selects delivery to a Novaris Delivery Point during the order process, the Product shall be delivered by the logistics company integrated with Novaris to the Delivery Point selected by the BUYER within a maximum of 30 days.

After the Product has been placed at the Delivery Point, the BUYER shall collect the Product within a maximum of 3 days using the code sent to the telephone number provided when registering on the Platform.

If the BUYER fails to collect the Product within this period, the Product shall be deemed to have been returned and the Product price shall be refunded to the credit card or bank account used for the order.

8.2.

If the Product is to be delivered to a person or organisation other than the BUYER, the SELLER shall not be held responsible if the person or organisation designated for delivery refuses to accept the delivery.

8.3.

The BUYER is responsible for checking the Product upon receipt and, where any damage caused by transportation is observed, refusing to accept the Product and having a damage report prepared by the courier company representative. Otherwise, the SELLER shall not accept responsibility.

9. GENERAL PROVISIONS

9.1.

The BUYER acknowledges, declares and undertakes that the BUYER has read and understood the preliminary information concerning the basic characteristics, sales price, payment method and delivery of the Product subject to the Agreement on the Platform and has provided the necessary electronic confirmation.

9.2.

The BUYER may submit requests and complaints in the capacity of “Consumer” through the SELLER’s contact details stated above and/or through the channels provided by the Platform.

9.3.

The BUYER acknowledges, declares and undertakes that, before confirming the Preliminary Information Form electronically and before the Distance Sales Agreement was concluded, the BUYER accurately and completely received the address, basic characteristics of the Products ordered, prices including taxes, payment information and delivery information that the SELLER was required to provide.

9.4.

Each Product subject to the Agreement shall be delivered to the BUYER or to the person and/or organisation at the address specified by the BUYER or to the www.essay.com.tr Delivery Point through the courier company integrated with Novaris, within the period stated in the preliminary information on the Website and in any event without exceeding the statutory period of 30 days, depending on the distance of the BUYER’s place of residence.

If the SELLER fails to perform its obligation within this period, the BUYER may terminate the Agreement.

The delivery date stated as “Estimated Delivery Date” on the Website is an estimate and does not constitute a commitment.

The Products shall be delivered to the BUYER within a maximum of 30 days as prescribed by applicable legislation.

If the BUYER or the recipient is not present at the address at the time of delivery, the SELLER shall not be responsible for losses or expenses arising from the BUYER receiving the Product late or failing to receive it at all.

9.5.

The SELLER accepts, declares and undertakes to deliver the Product subject to the Agreement completely and in accordance with the characteristics specified in the order, together with warranty certificates, user manuals and other information and documents required by the nature of the transaction, where applicable; to perform the transaction in accordance with legal requirements, free from defects, safely and in compliance with applicable standards and in accordance with the principles of honesty and good faith; to maintain and improve service quality; and to exercise the necessary care and diligence and act with due prudence and foresight during performance.

9.6.

Before expiry of the performance period arising from the Agreement, the SELLER may, after informing the BUYER and obtaining the BUYER’s explicit consent, supply a different Product of equal quality and price.

9.7.

If performance of the order becomes impossible and the SELLER cannot fulfil its obligations under the Agreement, the SELLER undertakes to notify the consumer in writing within 3 days from the date on which it becomes aware of such impossibility and to refund the total amount to the BUYER within 14 days.

9.8.

Except in extraordinary circumstances, where it becomes apparent for a justified reason that the Products subject to the Agreement cannot be supplied, the SELLER may, after informing the BUYER and obtaining the BUYER’s consent, supply another product or service of equal quality and price and shall be deemed to have fulfilled its undertaking under the Agreement accordingly.

9.9.

The BUYER acknowledges, declares and undertakes that, if the Product price is not paid for any reason and/or the transaction is cancelled in the records of the bank or financial institution, the SELLER’s obligation to deliver the Product subject to the Agreement shall cease.

The BUYER also acknowledges that the SELLER shall bear no responsibility for payments made by the bank and/or financial institution to the SELLER in respect of transactions that were initially returned with an unsuccessful code.

9.10.

If the holder of the credit card used for the order is not the same person as the BUYER, or if a security vulnerability relating to the credit card used in the order is identified before delivery of the Product to the BUYER, the SELLER may request the BUYER to provide the identity and contact details of the credit card holder, the statement of the credit card for the preceding month, or a letter from the cardholder’s bank confirming that the credit card belongs to the cardholder.

The order shall be suspended until the BUYER provides the requested information/documents. If the requested information/documents are not provided within 24 hours, the SELLER shall have the right to cancel the order.

9.11.

If, after delivery of the Product to the BUYER or to the person and/or organisation at the address designated by the BUYER, or after collection by the BUYER from a www.essay.com.tr Delivery Point, the Product price is not paid to the SELLER by the relevant bank or financial institution due to unauthorised use of the BUYER’s credit card, the BUYER accepts, declares and undertakes to return the Product to the SELLER within 3 days, with transportation costs borne by the BUYER.

9.12.

Before accepting delivery, the BUYER shall inspect the Goods/Service and shall not accept any Goods/Service that is dented, broken, has torn packaging or is otherwise damaged or defective from the courier company.

Goods/Service received shall be deemed to have been received intact and undamaged. After delivery, the obligation to carefully preserve the Goods/Service belongs to the BUYER.

If the right of withdrawal is to be exercised, the Goods/Service must not be used and the invoice must be returned.

9.13.

Unless otherwise provided, delivery costs shall be borne by the BUYER. Where the SELLER states on the Platform that delivery costs shall be covered by the SELLER, the delivery costs shall be borne by the SELLER.

Delivery shall be made within the promised period after payment has been completed, provided that the SELLER has sufficient stock.

9.14.

Where performance of the order for the Goods or Service becomes impossible, the SELLER must notify the BUYER in writing or through a durable medium within 3 days from the date on which it becomes aware of the situation and refund all payments collected, including delivery costs where applicable, within a maximum of 14 days from the date of notification.

Lack of stock shall not be regarded as impossibility of performance.

9.15.

The BUYER shall have the right to request cancellation of the order, replacement of the Product subject to the Agreement with an equivalent product where available, and/or postponement of delivery until the impediment to delivery has been removed.

In payments made by credit card, the BUYER acknowledges that the average period for the bank to reflect the amount refunded by the SELLER to the credit card in the BUYER’s account may take 2 to 3 weeks and that any delay in reflecting the amount after the refund has been made to the bank is entirely related to the bank’s processing procedures.

9.16.

No rights may be asserted against the BUYER where unsolicited Goods are sent. However, in such circumstances, the BUYER’s silence or use of the Goods shall be regarded as acceptance of the conclusion of the Agreement.

9.17.

Restrictions may be imposed on the number of Products that the BUYER may order during periods announced on the Platform.

If the BUYER orders more Products than the quantity specified in such announcements, the orders may be cancelled and the Product prices shall be refunded within the statutory period.

The BUYER acknowledges and undertakes that Novaris and/or the SELLER shall have the right to cancel orders exceeding the applicable quantity limits.

9.18.

Novaris shall have the right to transfer orders that the SELLER is unable to supply for any reason to another SELLER, provided that the statutory delivery period is not exceeded and the replacement Product has the same characteristics as the Product ordered by the BUYER.

In such circumstances, the Product shall be sent to the BUYER by the new SELLER and the Distance Sales Agreement shall be concluded between the new SELLER and the BUYER.

Novaris and/or the SELLER shall not charge the BUYER any additional price, fee or expense.

9.19.

The BUYER declares and undertakes that the personal and other information provided while registering on the SELLER’s website is accurate and that the BUYER shall immediately compensate, in cash and in full, all losses incurred by the SELLER due to inaccurate information upon the SELLER’s first notification.

9.20.

The SELLER shall have the right to contact the BUYER through the address, e-mail address, landline and mobile telephone numbers and other contact details provided by the BUYER during registration or subsequently updated by the BUYER, by letter, e-mail, SMS, telephone call and other means for communication, marketing, notification and other purposes.

By accepting this Agreement, the BUYER acknowledges and declares that the SELLER may carry out the communication activities described above.

9.21.

The BUYER agrees and undertakes from the outset to comply with applicable laws and regulations when using the SELLER’s website and not to violate them.

Otherwise, all legal and criminal liabilities arising therefrom shall be borne exclusively by the BUYER.

9.22.

The BUYER may not use the SELLER’s Website in any manner that disrupts public order, violates general morality, disturbs or harasses others, serves an unlawful purpose or infringes the material or moral rights of others.

The Member may also not engage in activities that prevent or make it difficult for others to use the services, including spam, viruses, Trojan horses or similar activities.

9.23.

The SELLER’s Store/Website may contain links to other websites and/or content owned and/or operated by third parties outside the SELLER’s control.

Such links are provided solely for the convenience of the BUYER and do not constitute an endorsement of any website or its operator, nor do they constitute any guarantee concerning the information contained on the linked website.

9.24.

A Member/BUYER who violates one or more of the provisions contained in this Agreement shall be personally liable in criminal and civil terms for such violation and shall hold the SELLER harmless from the legal and criminal consequences of such violation.

Furthermore, if the matter is referred to the legal authorities due to such violation, the SELLER reserves the right to claim compensation from the BUYER/Member for breach of the Membership Agreement.

9.25.

In the event of suspected account security issues, unusual transactions, suspected fraud/scam or non-compliance with applicable legislation, the Company may temporarily suspend the Member account, impose transaction limits and, where deemed necessary, request additional verification.

Once the review has been completed, the account may be reactivated or, if a breach of the Agreement is identified, terminated/permanently closed.

10. SPECIAL TERMS

10.1.

The BUYER may shop from multiple boutiques on the Platform using a single basket.

Multiple invoices may be issued by the SELLER for each Product purchased from different boutiques within the same basket.

For the avoidance of doubt, the SELLER(s) may deliver Products purchased by the BUYER from different boutiques at different times, provided that the statutory delivery periods are observed.

10.2.

The BUYER’s bank may conduct campaigns allowing a greater number of instalments than the number of instalments selected by the BUYER or may offer services such as instalment deferral.

Such campaigns are at the discretion of the BUYER’s bank. Where Novaris is informed of such campaigns, information about them may be provided on the relevant pages.

The total order amount shall be divided into the applicable number of instalments and reflected on the BUYER’s credit card statement by the bank from the credit card statement date.

The bank may not distribute instalment amounts equally between months due to rounding differences.

Preparation of the detailed payment plan is at the discretion of the BUYER’s bank.

10.3.

For sales of Digital Products, the SELLER is obliged to provide Novaris with all information and documents proving that the Products have been fully and properly delivered to the BUYER and that the codes sent operate completely, together with securely retained log records.

Otherwise, Novaris reserves its rights.

11. PERSONAL DATA PROTECTION, COMMERCIAL ELECTRONIC COMMUNICATIONS, INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS AND INFORMATION

11.1.

“Processing of Personal Data” means any operation performed on data, including obtaining, recording, storing, preserving, modifying, reorganising, disclosing, transferring, taking over, making available, classifying or preventing the use of data, whether carried out wholly or partly by automated means or by non-automated means as part of a data recording system.

11.2.

“Law No. 6698” means the Law No. 6698 on the Protection of Personal Data.

11.3.

“Special Categories of Personal Data” shall include personal data relating to an individual’s race, ethnic origin, political opinion, philosophical belief, religion, sect or other beliefs, appearance and clothing, membership of associations, foundations or trade unions, health, sexual life, criminal convictions and security measures, and biometric and genetic data.

Where appropriate under these Terms and Conditions, the term “Personal Data” shall also include Special Categories of Personal Data.

11.4.

Any processing of Personal Data shall be carried out in accordance with this Agreement and applicable data protection legislation, including Law No. 6698, concerning the protection of individuals, processing and security requirements relating to such information and the free movement of such information.

11.5.

Information that may be regarded as personal data under Law No. 6698 includes the BUYER’s name, surname, e-mail address, Turkish Republic identification number, demographic information, financial information and similar data.

11.6.

For purposes including receiving orders; providing Products/Services; improving Products/Services; resolving system problems; processing payments; carrying out marketing activities concerning orders, Products/Services where prior consent has been provided; updating BUYER information; managing and maintaining memberships; performing this Distance Sales Agreement and other agreements concluded between the BUYER and SELLER; and enabling Novaris, its affiliates and third parties to provide technical, logistical and other functions, the above-mentioned data may be recorded, stored in written/electronic archives, used, updated, shared, transferred and otherwise processed by Novaris, its affiliates and third parties and/or organisations for an indefinite or specified period.

11.7.

In accordance with applicable legislation, Novaris may send Members/BUYERS commercial electronic communications concerning Products/Services for promotional, advertising, communication, promotional campaign, sales and marketing purposes and for credit card and membership information and transactions, through SMS/text messages, push notifications, automated calls, computers, telephones, e-mail, fax and other electronic communication tools.

The BUYER has accepted the sending of commercial electronic communications.

11.8.

Necessary measures for the security of information and transactions entered into the Platform have been taken within Novaris’s own system infrastructure, to the extent permitted by current technical capabilities and according to the nature of the information and transaction.

However, because such information is entered through devices belonging to the BUYER, the BUYER is responsible for taking the necessary precautions, including protection against viruses and similar harmful applications, to ensure that such information is protected and inaccessible to unauthorised persons.

11.9.

The BUYER may contact Novaris through the specified communication channels and request that the use/processing of data and/or communications be stopped at any time.

Upon the BUYER’s explicit request, processing of personal data and/or communications to the BUYER shall be stopped within the maximum period prescribed by law.

Where desired, information that is not legally required to be retained and/or that may legally be deleted shall be deleted from the data recording system or anonymised.

The BUYER may at any time apply to Novaris and request information concerning the processing of personal data, persons to whom data has been transferred, correction of incomplete or inaccurate information, notification of relevant third parties of corrected information, deletion or destruction of data, objection to a result arising against the BUYER through analysis by automated systems, and compensation where the BUYER suffers damage due to unlawful processing of data.

Such applications shall be examined and a response shall be provided to the BUYER within the periods prescribed by applicable legislation.

11.10.

Except for information and content belonging to third parties in accordance with Novaris’s agreements, all intellectual and industrial property rights and ownership rights concerning all information and content belonging to the Platform and the organisation, revision and partial or complete use thereof belong to Novaris.

11.11.

The privacy and security policies and terms of use of other websites accessed through the Platform shall apply to those websites. Novaris shall not be responsible for disputes or adverse consequences that may arise in connection with such websites.

12. CUSTOMS DUTIES, DAMAGED/BROKEN PRODUCTS AND RETURN CONDITIONS

12.1. Customs Duties and Other Import Costs

For international orders, any customs duties, import duties, charges, fees collected by public authorities, transaction fees, customs clearance costs and any other additional financial obligations that may arise due to the shipment of a Product to the country where the Buyer is located shall be subject to the applicable legislation and practices of the relevant country.

12.2.

Unless expressly provided otherwise under applicable legislation, customs duties and other financial obligations arising from the importation of Products into the country where the Buyer is located shall be the responsibility of the Buyer.

The Seller has no control over the customs legislation, tax practices, personal/income-related taxation practices or import procedures of the country where the Buyer is located.

12.3.

Whether customs duties, import duties or similar financial obligations arise, and the amount thereof, may vary depending on the legislation of the country where the Buyer is located, the nature of the Product, its declared value or value determined under applicable legislation, the contents of the shipment and the practices of the relevant customs authorities.

Therefore, the Seller does not provide a prior guarantee of a fixed amount for customs duties or other import costs that may arise in the Buyer’s country.

12.4.

Before placing an order, the Buyer is responsible for reviewing the import, customs and tax legislation applicable in the Buyer’s own country and for paying any customs duties and other legal financial obligations arising from the order.

12.5.

If the Product is not collected, held at customs, returned, destroyed or subjected to another procedure because the Buyer fails to pay customs duties, import costs or other amounts requested as part of customs procedures, any additional costs and losses that may arise shall, to the extent permitted by applicable legislation, be borne by the Buyer.

12.6. Receipt of Damaged or Broken Products

At the time of delivery, the Buyer shall, to the extent reasonably possible, inspect the outer packaging, box and Product itself in the presence of the courier.

If breakage, cracks, dents, tears or similar damage clearly caused by transportation is identified, the Buyer must have the courier prepare a damage report at the time of delivery and notify the Seller without undue delay.

12.7.

Where damage caused by the courier is identified at the time of delivery, a report documenting that the damage occurred during courier delivery shall be used as the basis for the evaluation and processing of the claim.

The Buyer should, to the extent reasonably possible, retain the damaged Product, its packaging and other documents relating to the shipment.

12.8. Seller-Caused Damage

If it is determined that the Product is broken, damaged or unusable due to a reason arising from the Seller’s packaging, preparation or dispatch processes, and this is confirmed by relevant records, reports, photographs or other reasonable evidence, the matter shall be evaluated separately by the Parties and an appropriate solution shall be provided, without prejudice to the mandatory rights of the Buyer under applicable legislation.

12.9. Compensation with a Subsequent Order

If, following an examination by the Seller, it is accepted that the damage was caused by the Seller, the relevant Product or an appropriate replacement/compensation Product may, by agreement between the Parties, be included with the Buyer’s next order.

This practice constitutes a commercial solution intended to compensate for the relevant damage and shall not remove any mandatory legal rights of the Buyer.

12.10. Refund of Product Price and Delivery Charges

The Product price and delivery charges paid as part of an order shall only be refunded in circumstances separately accepted in writing by the Seller.

Otherwise, with the mandatory provisions of applicable legislation reserved, the Product price or delivery charge shall generally not be refundable for Products that have been delivered and supplied in accordance with the order.

12.11.

Where delivery of the Product is not possible due to reasons attributable to the Buyer, including the provision of an incorrect or incomplete address, refusal to accept delivery, failure to complete customs procedures, failure to pay customs duties or other import costs, or failure to complete necessary procedures during the courier delivery process in a timely manner, the Seller’s liability shall be assessed in accordance with applicable legislation.

Additional courier, customs, storage, return or similar costs arising for these reasons may be borne by the Buyer.

12.12.

For international orders, the Buyer is responsible for complying with the customs and import legislation of the Buyer’s country, obtaining the necessary permits and documents, and fulfilling all taxes, duties and other legal obligations requested from the Buyer.

12.13.

The customs, delivery, damage, breakage, compensation and return provisions set out in this Article shall apply without prejudice to the consumer protection legislation and other mandatory legal provisions of the relevant country.

Where there is a conflict between mandatory legislation and this Agreement, the applicable mandatory legal provisions shall prevail.

12.14.

By placing an order and electronically approving this Agreement, the Buyer declares that the Buyer understands and accepts that, for international shipments, customs duties, import duties, charges and other legal financial obligations that may arise in the Buyer’s country may be payable by the Buyer and that the Buyer must inspect the Product upon delivery and, to the extent reasonably possible, have any courier-related damage recorded in an official report.

13. CIRCUMSTANCES IN WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

13.1.

In accordance with applicable legal regulations, no right of withdrawal exists in contracts concerning the following goods/services, even if they have not been used or otherwise benefited from:

I. Contracts relating to Goods/Services whose prices vary depending on fluctuations in financial markets and which are not under the control of the SELLER or Novaris;

II. Contracts relating to Goods prepared in accordance with the consumer’s requests or personal needs;

III. Contracts relating to the delivery of Goods that are liable to deteriorate rapidly or expire;

IV. Contracts relating to the delivery of Goods whose return is unsuitable from a health or hygiene perspective where protective elements such as packaging, tape, seals or packages have been opened after delivery;

V. Contracts relating to Goods that, after delivery, become mixed with other products and cannot be separated due to their nature;

VI. Contracts relating to books, digital content and computer consumables supplied in physical form where protective elements such as packaging, tape, seals or packages have been opened after delivery;

VII. Contracts relating to the delivery of periodicals such as newspapers and magazines, except those supplied under a subscription agreement;

VIII. Contracts relating to accommodation, transportation of goods, car rental, food and beverage supply and leisure activities for entertainment or recreation where performance is required on a specific date or during a specific period;

IX. Contracts relating to services performed immediately in an electronic environment and intangible Goods delivered immediately to the BUYER;

X. Contracts relating to services for which performance has begun with the BUYER’s consent before expiry of the withdrawal period.

Where the Goods/Services subject to the Agreement consist of types of goods/services excluded from the scope of the Distance Contracts Regulation, including foodstuffs, beverages or other daily consumption goods supplied to the consumer’s residence as part of regular deliveries by the SELLER, or services in sectors such as travel, accommodation, catering and entertainment, the right of withdrawal cannot be exercised because the provisions of the Distance Contracts Regulation do not apply to the legal relationship between the BUYER and SELLER;

XI. Products not suitable for return, including underwear bottoms, swimsuit and bikini bottoms, cosmetics and personal care products, intimate products and single-use products;

XII. Other goods/services generally regarded as outside the scope of distance sales under applicable legislation and contracts where the BUYER makes the purchase for commercial/professional purposes, in which case the right of withdrawal cannot be exercised in accordance with the Regulation.

13.2.

Where an “Electronic Code” is purchased through the Platform operated by Novaris, the right of withdrawal shall not apply to such orders pursuant to Article 15/1(g) of the Distance Contracts Regulation.

No return code may be generated through the Website for such orders.

14. RESOLUTION OF DISPUTES

14.1.

For the implementation of this Distance Sales Agreement, District/Provincial Consumer Arbitration Committees located at the place where the BUYER purchased the Goods or Service and where the BUYER resides shall have jurisdiction up to the monetary threshold specified in paragraph 1 of Article 68 of Law No. 6502 on Consumer Protection and announced annually.

15. EVIDENCE AGREEMENT

15.1.

The BUYER accepts, declares and undertakes that, in disputes arising from this Agreement, the official books and commercial records of the SELLER and Novaris, as well as electronic information and computer records stored in their databases and servers, shall constitute binding, conclusive and exclusive evidence, and that this provision constitutes an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure.

16. NOTICES

16.1.

Communication with Members shall be carried out through the e-mail addresses/telephone numbers provided during registration or through general information provided on the Website.

Communication through e-mail/telephone shall constitute written communication.

The Member is responsible for keeping the e-mail address up to date and regularly checking the Website for notifications.

17. FINAL PROVISIONS

17.1.

Where it is determined that the information contained in documents provided in connection with an order is incomplete, fraudulent and/or incorrect, or where there is a suspicion or determination that the order has been placed in bad faith and/or for commercial and/or profit-making purposes, the Company reserves the right, at any time and provided that the BUYER is informed, to suspend and/or cancel the order application for the purpose of carrying out the necessary investigations.

In the event of cancellation, the refund process may be carried out provided that the BUYER is informed accordingly.

17.2.

All such information is provided for commercial purposes in accordance with the applicable remote communication tools and the principle of good faith, in a manner protecting minors and adults lacking legal capacity or whose capacity is restricted.

17.3.

The current rules and conditions applicable to Novaris, the Seller and the Consumer concerning transaction security, protection of information, privacy, processing/use of information and commercial electronic communications on the Website are provided for the Consumer’s information.

The Consumer may contact Novaris at any time through the communication channels specified in relation to these matters.

17.4.

Novaris is a member of the Istanbul Chamber of Commerce (ITO). The electronic contact information through which the professional rules of conduct of the ITO may be obtained is as follows:

Website: www.ito.org.tr
Telephone: 444 0 486

17.5.

After the information and this Agreement set out above and below have been approved and accepted by the BUYER on the Website, all such documents will be sent to the e-mail address specified by the BUYER together with the order confirmation.

The BUYER may save and retain these documents for future access. They shall also be retained in Novaris’s systems for a maximum period of three years in accordance with applicable legislation.

18. EXCEPTION

18.1.

The provisions of this Agreement that provide legal protection to consumers under Law No. 6502 on Consumer Protection shall apply only where the BUYER qualifies as a Consumer.

Where the BUYER does not meet the definition of “Consumer” under Law No. 6502, the relevant provisions shall not apply between the Parties.

19. EFFECTIVENESS

19.1.

This Agreement, consisting of 19 (nineteen) articles, has been read by the Parties and concluded and entered into force upon electronic approval by the BUYER on the transaction date.

A copy of the Agreement is available in the BUYER’s membership account and shall also be sent by e-mail upon request.

IMPORTANT DELIVERY NOTE

By accepting delivery from the courier personnel arriving at the address, the Buyer confirms that the Buyer will open and inspect the Product in the presence of the courier personnel and, if any damage, breakage or deterioration is identified, will have a damage report prepared and return the Product to the Seller before the courier personnel leaves.

If a damage report is not prepared, responsibility shall rest with the customer.