Terms and Conditions for sale

ARTICLE 1 – PARTIES

1.1. SELLER

Trade Name: Selected Address: Etiler Mahallesi, Yıldızçiçeği Sokak No: 10, Istanbul, Türkiye Telephone: 0850 800 19 90 Fax: - MERSIS No: 187050919900010 Registered Electronic Mail Address: [email protected] Registered Electronic Mail (KEP) Address: [email protected]

Payment for the sale subject to this Agreement is collected by BESTSELLER Handels B.V., having its registered address at Koivistokade 1 C 1013AC Amsterdam Netherlands.

1.2. BUYER

The SELLER and the BUYER shall hereinafter be referred to individually as a “Party” and collectively as the “Parties”.

ARTICLE 2 – SUBJECT MATTER OF THE AGREEMENT

The subject matter of this Distance Sales Agreement is the determination of the rights and obligations of the Parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the product ordered electronically by the BUYER through the website “selected.com”, owned by the SELLER, the characteristics and sale price of which are specified therein.

ARTICLE 3 – PRODUCT SUBJECT TO THE AGREEMENT AND SALE PRICE

The product code and name, quantity, unit price, colour and model of the products, total sale price, amount of discount applied (if any), instalment surcharge, total amount including VAT, and shipping fee are set out below.

ARTICLE 4 – DELIVERY METHOD AND DELIVERY COSTS

The product(s) subject to this Agreement shall be delivered to the delivery address specified by the BUYER below and to the person designated below. The invoice relating to the product(s) shall also be sent to the BUYER together with the product(s) in accordance with the information provided below.

The delivery of the product(s) subject to this Agreement shall be carried out through a courier service, and, as a rule, the shipping costs shall be borne by the BUYER. If the SELLER has declared on the Website that the delivery costs will be covered by the SELLER, the shipping costs shall be borne by the SELLER.

Provided that the product(s) subject to this Agreement are available in stock, they shall be delivered to the courier company within 3 (three) business days following the order date for delivery to the BUYER. The SELLER shall not be held liable for any delay or failure in delivery arising from the courier company or the BUYER.

In cases where performance becomes impossible, the SELLER shall have the right to cancel the order by notifying the BUYER via e-mail and/or SMS within 3 (three) days and refunding the amount collected from the BUYER. In such cases, the BUYER shall not be entitled to make any claim against the SELLER under any name whatsoever.

Where the BUYER cancels the order after the product has been handed over to the courier company by the SELLER but before it has been delivered to the BUYER, the BUYER shall remain responsible for the shipping costs, even if the SELLER has declared on the Website that delivery costs will be covered by the SELLER.

ARTICLE 5 – OBLIGATIONS OF THE BUYER

5.1. BUYER’s Obligation to Review and Approve the Information and Agreement Regarding the Product

The BUYER acknowledges and declares that he/she has read and obtained information on the Website regarding the characteristics of the product subject to this Agreement, the sale price, payment method, delivery method, and shipping costs.

By confirming this Agreement electronically, the BUYER further confirms that, prior to the conclusion of the distance contract, he/she has accurately and completely received the information that the SELLER is required to provide, including the SELLER’s address, the essential characteristics of the product(s) ordered, the price of the product(s) inclusive of taxes, payment and delivery procedures, and shipping costs.

5.2. BUYER’s Obligation to Inspect the Product Upon Delivery and Notify Defects

The BUYER shall inspect the product delivered by the courier company at the time of delivery. If the BUYER determines that the product does not possess the characteristics specified in the Agreement or is defective, the BUYER shall record such circumstance in a report together with the courier representative and shall notify the SELLER by e-mail sent to the e-mail address specified in this Agreement no later than 14 (fourteen) business days, stating that the delivered product(s) are damaged, defective, or do not conform to the contractual specifications.

The BUYER shall have the right to request replacement of the defective product with a non-defective equivalent, free repair, or a refund. The BUYER shall exercise such optional right by specifying his/her preference in the aforementioned e-mail and may not subsequently change that preference.

Following any of the above requests, the BUYER shall be obliged to send the product(s) to the SELLER through DHL eCommerce within 14 (fourteen) business days from the date of receipt of the product(s) for replacement, repair, or return, with the shipping costs to be borne by the SELLER.

Any product(s) accepted by the BUYER without inspection together with the courier representative or without preparation of a delivery report shall be deemed to have been received in good condition and without damage.

The BUYER may not claim that the product(s) were damaged, broken, torn in packaging, or otherwise defective if they were accepted without prior inspection. Following delivery, all responsibility for and risk relating to the product(s) shall pass to the BUYER.

5.3. BUYER’s Payment Obligation

The BUYER shall be obliged to pay the total amount of the product(s), including shipping costs, to the SELLER at the time of placing the order.

The BUYER may not assert any rights or claims in relation to an order for which payment has not been made. If, for any reason, the product price is not paid or is cancelled in the records of the relevant bank, the SELLER shall be deemed released from its obligation to deliver the product.

5.4. BUYER’s Obligation to Return the Product and Bear Shipping Costs if Payment Is Not Received by the SELLER

If, after delivery of the product(s), the relevant bank or financial institution fails to pay the product price to the SELLER due to the unauthorized, unlawful, or fraudulent use of the BUYER’s credit card, whether attributable to the BUYER’s fault or otherwise, the BUYER shall be obliged to return the delivered product(s) to the SELLER within 10 (ten) days.

In such a case, the delivery costs shall be borne by the BUYER, and by approving this Agreement, the BUYER expressly accepts this obligation.

ARTICLE 6 – OBLIGATIONS OF THE SELLER

The SELLER shall be responsible for delivering the product(s) subject to this Agreement to the BUYER in compliance with applicable consumer protection legislation, in a complete and undamaged condition, in conformity with the specifications set out in the order, and together with any applicable warranty certificates and user manuals.

If the SELLER is unable to deliver the product(s) subject to this Agreement to the courier company within the prescribed period due to the unavailability of stock, force majeure events, adverse weather conditions, disruption of transportation, or other extraordinary circumstances preventing delivery, the SELLER shall be obliged to inform the BUYER accordingly.

In such cases, the BUYER shall have the right to request: (i) cancellation of the order, (ii) replacement of the product subject to the Agreement with an equivalent product, if available, and/or (iii) postponement of delivery until the circumstances preventing delivery cease to exist. The BUYER shall exercise such right by notifying the SELLER via e-mail of the selected option and may not subsequently change such selection.

If the BUYER cancels the order, the amount paid shall be refunded to the BUYER in full and in a single payment within 14 (fourteen) days.

The SELLER shall not be held liable where delivery cannot be completed due to reasons attributable to the BUYER, including but not limited to the BUYER providing an incorrect delivery address or not being present at the specified address, or where the product(s) are to be delivered to a third party designated by the BUYER and such person refuses to accept delivery.

In such cases, the SELLER shall be deemed to have fully and properly performed its obligations under this Agreement.

The SELLER shall be obliged to promptly provide the consumer with confirmation that the notice of withdrawal submitted by the BUYER in accordance with the procedure set out in this Agreement has been received by the SELLER.

ARTICLE 7 – RIGHT OF WITHDRAWAL**

The BUYER may cancel an order until an electronic invoice has been issued for such order. Once the products have been processed by the operations team and an invoice has been generated, the right to cancel the order shall cease.

Where a purchase has been made without creating a customer account, and the cancellation right is still available, the customer may request cancellation of the order by contacting the customer service centre.

Without assuming any legal or criminal liability and without providing any reason, the BUYER may exercise the right of withdrawal and return the purchased product(s) within 14 (fourteen) business days from the date of receipt of the product(s).

For the purpose of determining the withdrawal period:

a. In contracts concerning multiple goods ordered in a single order but delivered separately, the period shall commence on the day the consumer or a third party designated by the consumer receives the last good;

b. In contracts concerning goods consisting of multiple parts, the period shall commence on the day the consumer or a third party designated by the consumer receives the final part;

c. In contracts providing for the regular delivery of goods over a specified period, the period shall commence on the day the consumer or a third party designated by the consumer receives the first good.

To exercise the right of withdrawal, the BUYER shall notify the SELLER by sending an e-mail to the e-mail address specified in Article 1 of this Agreement. The right of withdrawal shall be deemed exercised upon such notification.

The BUYER shall be obliged to include in the e-mail, or attach thereto, information and/or documents enabling identification of the product(s) for which the right of withdrawal is exercised, including but not limited to the product code specified in the Agreement and invoice, copies of the invoices relating to the product(s), and clear photographs of the relevant product(s).

If the BUYER fails to provide notice within the prescribed period and in the prescribed manner, the BUYER shall be deemed not to have exercised the right of withdrawal.

By approving this Agreement, the BUYER acknowledges and undertakes compliance with these provisions.

d. The BUYER shall return the product(s) subject to withdrawal to the SELLER together with the original invoice(s) within 10 (ten) days from the date on which the right of withdrawal is exercised. If the original invoice is not returned together with the product(s), the BUYER shall be deemed not to have exercised the right of withdrawal.

e. The product(s) returned under the right of withdrawal shall be sent back together with their box, packaging, standard accessories (if any), and any promotional or complimentary products supplied with the goods, complete and undamaged.

f. The purchase price of the product(s) shall be refunded to the BUYER using the same method of payment used for the original transaction within 14 (fourteen) days following the exercise of the right of withdrawal.

g. If the BUYER returns the product(s) through DHL eCommerce, which is the SELLER’s contracted courier company, the shipping costs shall be borne by the SELLER. If the BUYER chooses another return method, all delivery and return costs shall be borne by the BUYER.

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

The right of withdrawal cannot be exercised in the following cases:

a. Products whose protective elements such as packaging, tape, seal, or wrapping have been opened after delivery;

b. Products that have been used;

c. Products that have been damaged while in the possession of the BUYER;

d. Products that cannot be returned due to health and hygiene reasons;

e. Single-use products.

ARTICLE 9 – COMPETENT COURT

In the implementation of this Agreement, depending on the value of the dispute, the Consumer Arbitration Committees and Consumer Courts located in the place of residence of either the BUYER or the SELLER shall have jurisdiction.

ARTICLE 10 – EFFECTIVENESS

This Agreement has been concluded and entered into force upon its approval by the BUYER in electronic form.