Terms of service
# DISTANCE SALES AGREEMENT
## 1. PARTIES
This Agreement has been entered into between the parties specified below under the terms and conditions set forth herein.
**A. “BUYER”** (hereinafter referred to as the “BUYER”)
**B. “Antioch Men”** (hereinafter referred to as the “SELLER”)
By accepting this Agreement, the BUYER acknowledges in advance that, upon confirming the order subject to this Agreement, the BUYER shall be obliged to pay the price of the order together with any additional charges specified, including shipping fees and taxes, if applicable, and confirms that they have been duly informed thereof.
## 2. DEFINITIONS
For the purposes of the implementation and interpretation of this Agreement, the following terms shall have the meanings set forth below:
**MINISTER:** The Minister of Customs and Trade,
**MINISTRY:** The Ministry of Customs and Trade,
**LAW:** Law No. 6502 on Consumer Protection,
**REGULATION:** The Distance Contracts Regulation (Official Gazette: 27.11.2014/29188),
**SERVICE:** Any consumer transaction other than the supply of goods, performed or undertaken in return for a fee or benefit,
**SELLER:** The company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf or for the account of a party offering goods,
**BUYER:** Any natural or legal person who acquires, uses or benefits from goods or services for purposes that are not commercial or professional,
**WEBSITE:** The website belonging to the SELLER,
**ORDERING PARTY:** Any natural or legal person who requests goods or services through the SELLER's website,
**PARTIES:** The SELLER and the BUYER,
**AGREEMENT:** This Agreement entered into between the SELLER and the BUYER,
**GOODS:** Movable goods subject to the purchase transaction, as well as software, audio, video and similar intangible goods prepared for use in electronic environments.
## 3. SUBJECT
This Agreement regulates the rights and obligations of the PARTIES pursuant to Law No. 6502 on Consumer Protection and the Distance Contracts Regulation regarding the sale and delivery of the product(s), the characteristics and sales price of which are specified below, electronically ordered by the BUYER through the SELLER's website.
The prices listed and displayed on the Website are the applicable sales prices. The announced prices and commitments shall remain valid until they are updated or amended. Prices announced for a limited period shall remain valid until the end of the specified period.
## 4. SELLER INFORMATION
**Trade Name:** antiochmen.com
**Address:** Mehmet Nesih Özmen Mah. Ceviz Sokak No:5 Anitoch
**Phone:** +90 535 976 92 92
**E-mail:** antioch@antiochmen.com
## 5. BUYER INFORMATION
**Recipient:**
**Delivery Address:**
**Phone:**
**Fax:**
**E-mail/Username:**
## 6. ORDERING PARTY INFORMATION
**Name/Surname/Trade Name:**
**Address:**
**Phone:**
**Fax:**
**E-mail/Username:**
## 7. INFORMATION REGARDING THE PRODUCT(S) SUBJECT TO THE AGREEMENT
**7.1.** The essential characteristics of the goods/products/services, including type, quantity, brand/model, color and number of units, are published on the SELLER's Website. If a campaign is organized by the SELLER, the essential characteristics of the relevant product may be reviewed throughout the campaign period. The campaign shall remain valid until the specified campaign end date.
**7.2.** The prices listed and displayed on the Website are the applicable sales prices. The announced prices and commitments shall remain valid until updated or amended. Prices announced for a limited period shall remain valid until the end of the specified period.
**7.3.** The total sales price of the goods or services subject to this Agreement, including all applicable taxes, is specified below:
**Product Description:**
**Quantity:**
**Unit:**
**Price:**
**Subtotal (VAT Included):**
**Shipping Fee:**
**Total:**
**Payment Method and Plan:**
**Delivery Address:**
**Recipient:**
**Billing Address:**
**Order Date:**
**Delivery Date:**
**Delivery Method:**
**7.4.** The shipping costs associated with the delivery of the product shall be paid by the BUYER.
## 8. INVOICE INFORMATION
**Name/Surname/Trade Name:**
**Address:**
**Phone:**
**Fax:**
**E-mail/Username:**
**Invoice Delivery:** The invoice shall be delivered together with the order to the billing address during delivery of the order.
## 9. GENERAL PROVISIONS
**9.1.** The BUYER accepts, declares and undertakes that they have read and understood the preliminary information provided on the SELLER's Website concerning the essential characteristics of the product subject to this Agreement, its sales price, payment method and delivery conditions, and that they have provided the necessary electronic confirmation.
By electronically confirming the Preliminary Information Form, the BUYER accepts, declares and undertakes that, prior to the conclusion of this Distance Sales Agreement, they have accurately and completely obtained the SELLER's address, the essential characteristics of the ordered products, the prices of the products including taxes, and the relevant payment and delivery information.
**9.2.** Each product subject to this Agreement shall be delivered to the BUYER or to the person and/or organization designated by the BUYER at the specified address within the period indicated in the preliminary information on the Website, depending on the BUYER's location, provided that the statutory period of 30 days is not exceeded. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the Agreement.
**9.3.** The SELLER accepts, declares and undertakes to deliver the product subject to this Agreement completely and in accordance with the specifications stated in the order, together with any warranty documents, user manuals and other information and documentation required by the nature of the product; to ensure that the product is free from defects and complies with applicable legislation and standards; to perform its obligations in accordance with the principles of integrity and good faith; to maintain and improve service quality; to exercise due care and diligence in performing its obligations; and to act prudently and foreseeably.
**9.4.** Before the expiry of the performance period under this Agreement, the SELLER may supply a different product of equivalent quality and price, provided that the BUYER is informed and gives explicit approval.
**9.5.** If fulfillment of the ordered product or service becomes impossible and the SELLER is therefore unable to perform its obligations under this Agreement, the SELLER accepts, declares and undertakes to notify the consumer in writing within 3 days of becoming aware of such impossibility and to refund the total amount to the BUYER within 14 days.
**9.6.** The BUYER accepts, declares and undertakes to electronically confirm this Agreement for delivery of the product subject to the Agreement and acknowledges that if, for any reason, the price of the product is not paid and/or the payment is cancelled in bank records, the SELLER's obligation to deliver the product shall cease.
**9.7.** If, after delivery of the product to the BUYER or to the person and/or organization designated by the BUYER, the relevant bank or financial institution fails to pay the product price to the SELLER due to unauthorized and unlawful use of the BUYER's credit card by unauthorized persons, the BUYER accepts, declares and undertakes to return the product to the SELLER within 3 days, with the shipping costs borne by the SELLER.
**9.8.** If the SELLER is unable to deliver the product within the specified period due to force majeure or circumstances beyond the control of the PARTIES that were unforeseeable and prevent and/or delay the performance of the PARTIES' obligations, the SELLER shall notify the BUYER accordingly.
The BUYER shall have the right to request cancellation of the order, replacement of the product with an equivalent product, if available, and/or postponement of delivery until the circumstances preventing delivery have ceased.
If the order is cancelled by the BUYER, payments made in cash shall be refunded to the BUYER in full within 14 days. For payments made by credit card, the product amount shall be refunded to the relevant bank within 14 days following cancellation of the order by the BUYER.
The BUYER acknowledges that it may take approximately 2 to 3 weeks for the amount refunded by the SELLER to the credit card to be reflected in the BUYER's account by the bank and that, after the refund has been made to the bank, the timing of its reflection in the BUYER's account is entirely dependent on the bank's processing procedures. Accordingly, the BUYER acknowledges that the SELLER cannot be held responsible for possible delays caused by the bank.
**9.9.** The SELLER shall have the right to contact the BUYER via the address, e-mail address, landline and mobile telephone numbers and other contact information provided by the BUYER in the Website registration form or subsequently updated by the BUYER, through letters, e-mails, SMS, telephone calls and other means for communication, marketing, notification and other purposes.
By accepting this Agreement, the BUYER accepts and declares that the SELLER may conduct the aforementioned communication activities directed toward the BUYER.
**9.10.** The BUYER shall inspect the goods/services before accepting delivery and shall not accept damaged or defective goods/services from the shipping company, including goods that are dented, broken or have torn packaging.
Goods/services accepted by the BUYER shall be deemed to have been delivered in good and undamaged condition. After delivery, the BUYER is responsible for taking reasonable care of the goods/services.
If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must also be returned.
**9.11.** If the BUYER and the holder of the credit card used for the order are not the same person, or if a security issue regarding the credit card used for the order is detected before delivery of the product, the SELLER may request the BUYER to provide identity and contact information relating to the credit card holder, the credit card statement for the previous 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 requested information/documents are provided. If the requested information/documents are not provided within 24 hours, the SELLER reserves the right to cancel the order.
**9.12.** The BUYER declares and undertakes that the personal and other information provided when registering on the SELLER's Website is accurate and that the BUYER shall immediately compensate the SELLER, in cash and in full upon the SELLER's first notification, for any damages suffered by the SELLER due to such information being inaccurate.
**9.13.** The BUYER accepts and undertakes from the outset to comply with applicable laws and regulations when using the SELLER's Website and not to violate such provisions. Otherwise, all legal and criminal liabilities arising from such violations shall be borne solely and exclusively by the BUYER.
**9.14.** The BUYER may not use the SELLER's Website in any manner that disrupts public order, violates generally accepted ethical standards, disturbs or harasses others, serves an unlawful purpose, or infringes the material or moral rights of others.
Furthermore, members may not engage in activities that prevent or make it difficult for others to use the services, including spam, viruses, Trojan horses or similar harmful activities.
**9.15.** The SELLER's Website may contain links to other websites and/or content that are not under the SELLER's control and/or are owned or operated by third parties.
Such links are provided solely for the convenience of the BUYER and do not constitute endorsement of any website or its operator, nor do they constitute any warranty regarding the information contained on linked websites.
**9.16.** Any member who violates one or more provisions of this Agreement shall be personally liable, both legally and criminally, for such violation and shall hold the SELLER harmless from the legal and criminal consequences thereof.
Furthermore, if legal proceedings are initiated as a result of such violation, the SELLER reserves the right to claim compensation from the member for breach of the membership agreement.
## 10. RIGHT OF WITHDRAWAL
**10.1.** Where the distance contract relates to the sale of goods, the BUYER may exercise the right of withdrawal from the Agreement by rejecting and returning the goods within **14 (fourteen) days** from the date on which the product is delivered to the BUYER or to the person/organization designated by the BUYER, provided that the SELLER is notified, without assuming any legal or criminal liability and without providing any reason.
For distance contracts concerning the provision of services, this period begins on the date the Agreement is concluded.
The right of withdrawal cannot be exercised for service contracts where performance of the service has begun with the consumer's approval before expiry of the withdrawal period.
Costs arising from exercising the right of withdrawal shall be borne by the SELLER.
By accepting this Agreement, the BUYER acknowledges that they have been informed about the right of withdrawal.
**10.2.** To exercise the right of withdrawal, written notification must be provided to the SELLER within the 14-day period by registered mail, fax or e-mail, and the product must remain unused in accordance with the provisions of this Agreement concerning **“Products for Which the Right of Withdrawal Cannot Be Exercised.”**
When exercising this right:
**a)** The invoice for the product delivered to the BUYER or a third party must be returned. If the invoice for the product to be returned was issued to a corporate entity, it must be returned together with a return invoice issued by that entity. Returns of orders invoiced to corporate entities cannot be completed unless a return invoice is issued.
**b)** The return form must be included.
**c)** The products to be returned must be delivered complete and undamaged together with their boxes, packaging and standard accessories, if any.
**d)** The SELLER is obliged to refund the total amount and return any documents that place the BUYER under an obligation within a maximum of **10 days** following receipt of the withdrawal notification and to take back the goods within **20 days**.
**e)** If the value of the goods decreases or return becomes impossible due to circumstances attributable to the BUYER, the BUYER shall compensate the SELLER for damages in proportion to the BUYER's fault. However, the BUYER shall not be responsible for changes or deterioration resulting from proper use of the goods or products during the withdrawal period.
**f)** If exercising the right of withdrawal causes the order value to fall below the minimum amount required for a campaign organized by the SELLER, the discount obtained under the campaign shall be cancelled.
## 11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Pursuant to the Regulation, the right of withdrawal cannot be exercised in relation to:
- Goods prepared in accordance with the BUYER's requests or clearly personalized needs and which are not suitable for return,
- Underwear bottoms, swimsuit bottoms and bikini bottoms,
- Cosmetics and personal care products where applicable hygiene conditions prevent return,
- Disposable products,
- Goods that are liable to deteriorate rapidly or are likely to expire,
- Products which, after delivery to the BUYER, are unsuitable for return for health or hygiene reasons if their packaging has been opened by the BUYER,
- Products which, after delivery, become mixed with other products and cannot by their nature be separated,
- Periodicals such as newspapers and magazines, except those supplied under subscription agreements,
- Services performed instantly in electronic environments or intangible goods delivered instantly to the consumer,
- Audio or video recordings, books, digital content, software programs, data recording and storage devices, and computer consumables where their packaging has been opened by the BUYER.
Furthermore, pursuant to the Regulation, the right of withdrawal cannot be exercised in relation to services whose performance has begun with the consumer's consent before expiry of the withdrawal period.
Cosmetics and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, as well as stationery consumables such as toner, cartridges and ribbons, may only be returned if their packaging has **not been opened** and the products have **not been tried, damaged or used**.
## 12. DEFAULT AND LEGAL CONSEQUENCES
Where the BUYER makes payment by credit card and defaults on payment obligations, the BUYER accepts, declares and undertakes that interest may become payable pursuant to the credit card agreement entered into with the card-issuing bank and that the BUYER shall be responsible toward the bank.
In such circumstances, the relevant bank may initiate legal proceedings and may claim the resulting costs and attorney's fees from the BUYER.
In all circumstances where the BUYER defaults on their obligations, the BUYER accepts, declares and undertakes to compensate the SELLER for any loss and damage suffered as a result of delayed performance of the debt.
## 13. COMPETENT COURT
For disputes arising from this Agreement, complaints and objections may be submitted to the consumer arbitration committee or consumer court located in the BUYER's place of residence or in the place where the consumer transaction was carried out, subject to the monetary limits specified by applicable law.
The applicable monetary limits are stated below:
Effective from **01/01/2017**, for applications made to consumer arbitration committees in 2017:
**a)** District consumer arbitration committees shall have jurisdiction over disputes with a value below **TRY 2,400 (two thousand four hundred Turkish Lira)**.
**b)** In provinces with metropolitan municipality status, provincial consumer arbitration committees shall have jurisdiction over disputes with a value between **TRY 2,400 and TRY 3,610 (three thousand six hundred ten Turkish Lira)**.
**c)** In the central districts of provinces without metropolitan municipality status, provincial consumer arbitration committees shall have jurisdiction over disputes with a value below **TRY 3,610 (three thousand six hundred ten Turkish Lira)**.
**d)** In districts of provinces without metropolitan municipality status, provincial consumer arbitration committees shall have jurisdiction over disputes with a value between **TRY 2,400 and TRY 3,610 (three thousand six hundred ten Turkish Lira)**.
This Agreement is entered into for commercial purposes.
## 14. EFFECTIVE DATE
Upon completing payment for an order placed through the Website, the BUYER shall be deemed to have accepted all terms and conditions of this Agreement.
Before completion of the order, the SELLER is obliged to implement the necessary technical arrangements on the Website to obtain confirmation that the BUYER has read and accepted this Agreement.
**SELLER:** Antioch
**BUYER:**
**DATE:**
