Distance Sales Agreement

ARTICLE 1. SELLER

Company Name: Gentleman Horses
Phone: 05327051820

MERSIS No: 6170-2352-1180-0017
Tax Office: Sisli
Tax Number: 61702352118
Address: HALIDE EDIP ADIVAR MAH. HALIDE EDIP ADIVAR CAD. NO: 50 INNER DOOR NO: 2 SISLI/ISTANBUL

Email: [email protected]

ARTICLE 2. SUBJECT OF THE AGREEMENT

2.1 The subject of this agreement is to determine the rights and obligations of the parties in relation to the sale and delivery of the product, with the specifications and sale price stated below, which the Buyer, who is the natural or legal person signing this agreement, has ordered from the Seller on the website https://www.gentlemanhorses.com in electronic form, in accordance with the Law on Consumer Protection No. 6502, Distance Contracts Regulation, and other relevant legislation. For Buyers who are not considered as consumers, the provisions of the Turkish Code of Obligations and Turkish Commercial Code shall apply.

2.2 The Buyer acknowledges and declares that they have been informed by the Seller in a clear, comprehensible, and internet-compatible manner about the Seller's name, title, full address, telephone and other contact information, basic characteristics of the product subject to sale, including taxes, the sale price, payment method, delivery conditions, expenses, etc., as well as the "right of withdrawal," the procedures for exercising this right, and the official authorities where complaints and objections can be submitted. The Buyer confirms that they have confirmed this preliminary information electronically and subsequently placed the order according to the provisions of this agreement.

2.3 The Pre-Information and the invoice issued based on the order placed by the Buyer on the Internet Site are integral parts of this agreement.

ARTICLE 3. SUBJECT PRODUCTS, DELIVERY, PAYMENT INFORMATION

This section will be completed by filling in the information provided to the Buyer electronically regarding the type, name, code, quantity, amount, brand/model, sale price, payment method, recipient of delivery, delivery fee, estimated delivery date, delivery method, the information of the ordering and receiving parties, and invoice details specific to each order.

Invoice Delivery: The invoice will be sent via email to the address specified during the order delivery. A copy of the e-invoice will be delivered with the product.

In order for the delivery of the subject product(s) of this agreement to be carried out, it is necessary for the Buyer to approve this agreement electronically and for the total amount to be transferred to the Seller's account using the payment method preferred by the BUYER/CONSUMER. If the product price is not transferred to the Seller's account or is canceled in the bank records, the Seller will be deemed relieved of the obligation to deliver the product. The ordering party, the recipient of the delivery, and the invoice recipient can be the same person or different individuals. In case they belong to different individuals, the ordering party is responsible for all information provided and approved. The ordering party acknowledges that the information provided is accurate. If the delivery address is indicated as vague places such as parking lots, in front of doors, parks, etc., the delivery will not be made. The delivery address must be a workplace, apartment, house, shop, or a similar place with a clear connection to the buyer. The BUYER/CONSUMER accepts and declares these provisions.

The Buyer acknowledges and declares that they have been informed, before making the payment, about the type and kind of the product(s), code, quantity, brand/model, sale price, payment method, recipient of delivery, delivery address, invoice details, and shipping fees related to the product(s) received electronically, and that they have confirmed this information.

ARTICLE 4. PRE-INFORMATION PROVIDED TO THE BUYER

The Buyer acknowledges, declares, and undertakes that they have been informed about the following matters, that they have read and been informed about the "Order and Agreement Pre-Information Text" on the Internet Site before accepting this Agreement and entering into the obligation of the order and payment:

Seller's name and contact information, professional association information, and up-to-date identifying information,
Information about the essential characteristics of the product(s), total price including taxes, and shipping expenses,
Delivery, invoice, and payment information regarding the product(s),
Shipping restrictions determined by the Seller for the product(s),
Conditions for exercising the Buyer's right of withdrawal, its period and procedure, and that the right will be forfeited if not exercised within the specified time,
Products for which the Buyer does not have the right of withdrawal,
Procedures for returning the Products to the Seller in cases where the Buyer has the right of withdrawal and all financial matters related to this (refund methods, expenses, return of product price, discounts, and offsets for earned/used reward points by the Buyer during the return),
Tools and methods for correcting wrongly entered information during the purchase process on the Internet Site,
Contact information for the Buyer to address complaints to the Seller and the legal authorities to which the Buyer may apply in accordance with the relevant provisions of Law No. 6502.

ARTICLE 5. ORDER & PAYMENT CONDITIONS

This service is only for retail sales and for final consumption. In the case of orders for "wholesale and resale" purposes, even if a preliminary information form and/or sales agreement have been established, the Seller reserves the right to cancel the order and not deliver the products. In case of cancellation of the order for this reason, the total amount paid by the BUYER/CONSUMER will be refunded in the same way.

The total amount, including VAT(KDV), of the products selected by the Buyer, and, if any, shipping fees, is taken into account after being approved by the Buyer. After the payment is made through the payment method chosen by the customer, the products are processed, and a confirmation email is sent to the Buyer before the delivery of the Products. Shipments will not be made without sending the Order Confirmation email.

In cases where the subject product(s) of the agreement are not available in stock, the Seller has the right not to deliver the product(s) of the agreement, provided that the Seller informs the BUYER/CONSUMER about the situation and the total amount paid by the BUYER/CONSUMER and any document that puts them under obligation is returned to the BUYER/CONSUMER within a maximum of 14 days.

ARTICLE 6. SHIPMENT AND DELIVERY TERMS

6.1 The Seller will dispatch the Products through the contracted courier company within a maximum of 30 days. If the courier company does not have a branch at the location of the Buyer, the Buyer must receive the Product from the nearest branch of the courier company within 7 days at the latest; otherwise, the Buyer will be responsible for all damages and expenses incurred.

If the Buyer is not personally present at the address during the delivery of the Products and the persons at the address do not accept the delivery, the Seller shall be deemed to have fulfilled its obligation in this regard. If there is no one available to receive the Product at the address, it is the responsibility of the Buyer to contact the courier company and track the shipment of the Products. If the Product is to be delivered to a person/organization other than the Buyer, the Seller shall not be held responsible if the person/organization at the delivery address is not present or does not accept the delivery. In such cases, any damage arising from the Buyer's late receipt of the Product and any expenses incurred due to the Product being kept at the courier company and/or returned to the Seller shall be borne by the Buyer.

6.3 Upon receiving the Product, the Buyer is responsible for inspecting it and, if there is a problem due to the courier, rejecting the Product and making a record to the courier company representative. Otherwise, the Seller shall not accept any responsibility.

6.4 In case the delivery of the Product is impossible due to force majeure within the legal period, the Seller shall immediately notify the Buyer of this situation. In this case, the Buyer may cancel the order or wait until the force majeure event ends. If the Seller is unable to supply the Product, the Seller shall inform the Buyer clearly within 3 days from the date of learning about this situation, and the Buyer shall cancel the order. In case of cancellation by the Buyer, the Seller is obliged to refund the total amount paid by the Buyer and any document that places the Buyer under obligation, within 14 days at the latest. In such a case, the Buyer shall not have any additional financial and moral claims against the Seller.

6.5 If, for any reason, the bank/financial institution that the credit card belongs to does not pay the Product price to the Seller or requests the paid amount back after the delivery of the Product, the Buyer shall return the Product to the Seller within 3 days at the latest. If the non-payment of the Product price is due to the fault or negligence of the Buyer, the shipping costs shall be covered by the Buyer. The Seller reserves all contractual and legal rights, including the right to follow up the payment without accepting the return.

ARTICLE 7. BUYER'S RIGHT OF WITHDRAWAL AND CONDITIONS OF USE

7.1 The Buyer has the right to withdraw from the contract by sending a withdrawal notice to the Seller within fourteen (14) days from the date of receiving the Product. The Buyer must return the Product to the Seller together with the withdrawal notification. All returns must be made without breaking the packaging (protective tape) of the Product.

If there is a decrease in the value of the Product due to the fault of the Buyer or if there is any reason that makes the return impossible, this shall not prevent the exercise of the right of withdrawal. However, the Buyer agrees to compensate the Seller for any decrease in the value of the Product caused by the Buyer's fault.

7.2 Unless otherwise agreed in writing, the Buyer has the right to withdraw from the order/contract without giving any reason and without paying any penalty within the period from the establishment of the contract until the delivery of the Product. However, the Buyer can also exercise the right of withdrawal during the period from the establishment of the contract until the delivery of the Product.

The determination of the withdrawal period is as follows:

a) In the case of multiple Products delivered separately, the day the Buyer or the third party designated by the Buyer receives the last Product,

b) In the case of Products consisting of multiple parts, the day the Buyer or the third party designated by the Buyer receives the last part.

The following Products/services cannot be subject to the right of withdrawal, even if they are unused:

a) Products or services whose prices are dependent on fluctuations in financial markets and which are not under the control of the Seller,
b) Products prepared in line with the Buyer's requests or personal needs (modified/customized according to individual needs),
c) Perishable or expiring goods,
d) Products whose protective elements such as packaging, tape, seal have been opened after delivery, making them unsuitable for health and hygiene,

e) Products that are mixed with other products after delivery and are inseparable by their nature,

f) Services that have been started to be performed with the approval of the Buyer before the end of the withdrawal period.

7.3 The Buyer must make the notification regarding the exercise of the right of withdrawal in writing or by using a permanent data storage device within the period specified in this article.

ARTICLE 8. CONFIDENTIALITY, INFORMATION SECURITY, PERSONAL DATA, AND INTELLECTUAL PROPERTY MATTERS

8.1 Necessary measures have been taken in the Seller's system infrastructure, to the extent of technical possibilities depending on the nature of the information and transaction, for the security of information and transactions entered on the Internet Site by the Buyer. However, since the said information is entered from the Buyer's device, it is the responsibility of the Buyer to take necessary precautions to protect them and prevent access by unauthorized persons, including viruses and similar harmful applications.

8.2 The Buyer can always stop data usage-processing and/or communications by reaching the Seller through the specified communication channels. Upon the explicit notification of the Buyer in this regard, personal data processing and/or communications are stopped within the legal maximum period; additionally, if desired, data that is not required to be retained legally and/or possible is deleted from the data recording system or anonymized in a way that cannot be identified. The Buyer can apply to the Seller through the above-mentioned communication channels at any time and obtain information regarding personal data processing, the parties to whom it is transferred, the correction of incorrect or incomplete data, notification of corrected information to relevant third parties, deletion or destruction of data, objection to the occurrence of a result against the Buyer through automatic systems analysis, and the request for the remedy of damages in case of suffering damage due to the illegal processing of data. Such applications and requests will be fulfilled within the legal maximum periods or may be rejected by explaining the legal reasons.

8.3 All kinds of information and content related to the Internet Site and their arrangements, modifications, and partial/full use; except those owned by third parties under the Seller's agreement; all intellectual and industrial property rights and proprietary rights belong to the Seller.

8.4 The Buyer can always access and review the Preliminary Information and the Contract text sent to the e-mail address after approval, by saving and storing the said e-mail in a permanent data storage device. The Seller shall also keep and store the Preliminary Information and the Contract text in its systems for three years.

8.5 The Buyer declares and undertakes that the personal information provided in this application form is accurate, and with this approval, all data such as shopping and personal information that will be provided in any way within the scope of the order, even if the Buyer's membership ends for any reason, belong to the Buyer and, except for the Seller's obligations hereunder, to be collected by the Seller, its affiliates, related partners, all kinds of service providers working together within the scope of the Program, and their shareholders and employees ("Program Partners"), to be processed by Program Partners, not to be updated or given false information in the application form, and that the Seller and/or Program Partners are not responsible for any damages arising from the non-updating or false information.

8.6 The Buyer has been informed that they have the right to learn whether their personal data has been processed, to request information if their personal data has been processed, to learn the purpose of processing personal data, and whether they are used in accordance with its purpose, to know the third parties to whom personal data is transferred domestically or abroad, to request correction if personal data is processed incompletely or inaccurately, to request deletion or destruction of personal data in accordance with the conditions stipulated by the law, and to request that the transactions made pursuant to these articles be notified to third parties to whom personal data is transferred, to object to the occurrence of a result against the Buyer by analyzing the processed data exclusively through automated systems and to request the remedy of damages in case of suffering damage due to the illegal processing of data.

ARTICLE 9. FORCE MAJEURE

9.1 Situations that arise beyond the control of the parties, which were not existing or foreseeable at the time of signing the contract and make it partially or entirely impossible for one or both parties to fulfill their obligations and responsibilities under the contract, shall be considered as force majeure (including but not limited to natural disasters, war, terrorism, riots, changes in legislation, confiscation, or strikes, lockouts, significant breakdowns in production and communication facilities, etc.). The party experiencing force majeure shall immediately notify the other party in writing about the situation.

9.2 During the continuation of force majeure, neither party shall be held liable for their failure to perform their obligations. If this force majeure situation persists for a period of 30 (thirty) days, each party shall have the right to terminate the contract unilaterally.

ARTICLE 10. JURISDICTION AND EXECUTION OFFICES IN CASE OF DISPUTES

The Consumer may contact the Seller regarding any problems arising during or after the purchase from the Seller's website through the following communication channels:

Phone: 0212 518 73 15
E-Mail: [email protected]

In the event of disputes arising from this Agreement, Consumer Arbitration Committees of Provinces and Districts, including monetary limits determined and announced annually by the Ministry of Customs and Trade, shall have jurisdiction and authority, provided that such limits are not exceeded. In cases exceeding these limits, Consumer Courts shall have jurisdiction. The BUYER may apply to the Arbitration Committees and Consumer Courts located at their place of residence or the Seller's place of residence, at their discretion.

ARTICLE 11. ACCEPTANCE AND DECLARATION OF APPROVAL

The Buyer declares that they have read all the conditions and explanations specified in this Agreement and the integral part thereof, the Pre-Contractual Information about Order-Contract, on the Internet Site, including the basic features and attributes of the Product(s) subject to the sale, sales price, payment method, delivery conditions, and all other preliminary information-disclosures related to the Seller and the Product, as well as the right of withdrawal and personal information. The Buyer acknowledges that they have electronically accessed, read, and accepted the entire content on the Internet Site, and, by giving their electronic consent-approval-authorization, accepts and declares that they have approved the provisions of this Agreement and ordered the Product.

For the conclusion of the Distance Sales Agreement, this Agreement must be electronically approved by the ORDERER.

This Agreement shall become effective after being electronically signed by the ORDERER and delivered to the SELLER.

I have read the Distance Sales Agreement, I accept and approve its content.