DISTANCE CONTRACT

1.PARTIES TO CONTRACT

This Distance Contract (“Contract”) has been executed by and between,

(i) Ulviye Mine Vargönen Butik Tatlar Parti ve Organizasyon Ticaret headquartered in the address Kazımdirik Mahallesi 217 Sokak No: 21/A Bornova / Izmir and registered at Izmir Trade Registry Office with the registration number of 172701, whose telephone number is: +90 531 458 9828, e-mail address is: info@minekeskin.com (shall be hereinafter referred to as “Company”) and

(ii) the Buyer who accepts this Contract (shall be hereinafter referred to as “Buyer”) based on the conditions written below on the date the Buyer confirmed this Contract.

The Buyer and Company shall be hereinafter individually referred to as “Party” and collectively as “Parties”.

2. DEFINITIONS

Seller: Indicates the person who offers productks and sells the products and services to the people who buy the products in the in the specified scope and content.

Buyer: It refers to natural persons who purchase products and services, acquire, use or benefit from goods or services for non-commercial or non-professional purposes, through the website or mobile device application designated by the seller. 

Place Of Training : The content of the training will be specified on the Seller's website "www.minekeskin.com" or in the mobile application or in the e-mail that can be sent for confirmation purposes. Unless otherwise stated in terms of Face-to-Face Training, the physical address where the training will be given is “Kazımdirik Mahallesi 217 Sokak No:21/A Bornova/İZMİR”. Online Training, on the other hand, is training carried out over the internet and with information technology tools.

Number of People Attending The Trainings : In face-to-face training, the maximum number of people who can participate in the training will be specified on the company's website, mobile application, e-mails or contract. 

Date of the Trainings : In face-to-face training, the date of workshops will be specified on the company's website, mobile application, e-mails or contract.

Online Workshops :     It is the name given to the training done by connecting online remotely, with the help of tools such as video, sound, graphics, computer, multimedia technology, from the website or mobile device application.

Right of Withdrawal Product : shall mean the right conferred to consumers under the Consumer Protection Law numbered 6502 and that enables the Buyer to withdraw from the contract within a fourteen (14)-day period.

Product : It includes online and face to face trainings sold to buyers on the website or mobile device application, the service provided in connection with these Trainings and the materials, food products, all kinds of movable goods and products provided in connection with these Trainings and in accordance with the Training.

Contract : It is the text that contains the terms and obligations of the sales transaction that the seller has made with the buyer through the website or mobile device application.

Distance Contracts Regulation : shall mean the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014 and numbered 29188.

Purchase Price : shall mean the price to be paid by the Buyer to Company in consideration of the Services offered under this Contract.

Consumer Protection Law : shall mean the Consumer Protection Law numbered 6502 published in the Official Gazette dated 28.11.2013 and numbered 28835.

Turkish Code of Obligations : shall mean the Turkish Code of Obligations numbered 6098 published in the Official Gazette dated 04.02.2011 and numbered 27836.

Web Site : shall mean the internet site where the information regarding the services are provided and that will enable the Members’ communication with Company when necessary (‘’www.minekeskin.com’’).

3. SUBJECT MATTER OF CONTRACT

The subject matter of the Contract is the determination of the rights and obligations of the Parties, by also taking the Consumer Protection Law and the Distance Contracts Regulation into consideration, in respect of sale and payment of the price of the Services that the Buyer places order with Company via the Web Site in the electronic environment and Purchase Price are specified in the Web Site and this Contract.

4. REPRESENTATIONS AND WARRANTIES OF BUYER

4.1. The Buyer agrees and declares that it has read and is informed on the preliminary information uploaded by Company as to the basic features, Purchase Price and payment method of the goods included in the Web Site, and that it has given the necessary confirmation in the electronic environment. Buyers may forward their claims and complaints in their capacity of consumers to Company’ contact details given above and/or via the channels provided the Web Site. By confirming this Contract in the electronic environment, the Buyer is deemed to confirm that it has accurately and completely obtained the address, basic features pertaining to the products ordered, product’s price including taxes, payment information required to be provided by Company to the Buyer before the execution of distance contracts.

4.2. When the Buyer uses the Services provided by means of Company; it agrees, declares and undertakes that it is obliged to comply with particularly the Consumer Protection Law and the applicable legislations within the scope of this law including the provisions of the Regulation On Distance Contracts and all regulations, communiqués and other such legislations issued under these laws as well as any law and applicable legislation that the products are subject to.

4.3. The Buyer must perform the transactions that it will perform via Company’s Web Site, in due and thorough manner. The Buyer agrees and undertakes that no liability of Company will arise from the cancellations, refunds or inconveniences in the purchase transactions on account of an inaccurate or erroneous performance of a transaction by itself or a third party.

4.4. The Buyer agrees and declares that it will incur obligation to pay Purchase Price when it purchases any Product within the scope of this Contract.

4.5. The Buyer agrees and undertakes that the credit card details that it defines to the system during shopping are accurate, and that any civil and penal liability originating from the use of such credit card are borne by itself.

4.6. The Buyer shall be obliged to provide Company with additional information and documents required by Company during the term of the Service under this Agreement.

5. PURCHASED PRODUCT AND PURCHASE PRICE

5.1. When the Product purchased under this Contract is added to the shopping cart in the Web Site, it shall be subject to Article 5 of this Contract entitled Purchased Product and Purchase Price without requirement for any further action.

5.2. By executing this Contract, the Buyer agrees and declares that it has read and accepted the detailed information provided in respect of the Purchase Price through the information provided by Company via the Web Site and the information provided in Article 5.1 above.

5.3. The products subject to the contract are delivered within the legal period of 30 days. to the buyer or the person or organization indicated by the buyer, within the period shown in the "preliminary information" section of the website. If the seller fails to fulfill its obligations within this period, the buyer may cancel the order. The delivery date specified as “estimated delivery date” on the website is an estimate, and this expression does not include any legally binding commitment.

5.4. In the event of request for cancellation of the Purchased Product subject to sale after expiration of the Right of Withdrawal period, the Purchase Price shall in no way be refunded.

5.5. In the event that the buyer or the person to be delivered is not at the address at the time of delivery, the seller is not responsible for the damages and expenses arising from the buyer's late delivery and/or not receiving the product at all.

5.6. In order to provide the Product or Training subject to the contract, the signed copy of this contract must be delivered to the seller or the relevant contract must be approved on the "www.minekeskin.com" website or mobile application. The price of the product must be paid with the payment method determined by the seller and preferred by the buyer.

5.7. The seller may supply a different product of equal quality and price, by informing the buyer and by obtaining the buyer’s explicit approval, before the expiry of the performance obligation arising from the Contract.

5.8. In the event that the relevant bank or financial institution fails to pay the Product or Training price to the seller, due to the unlawful use of the buyer's credit card by unauthorized persons after the confirmation of the order, the buyer is obliged to compensate the product or training cost to the seller. In this case, the buyer accepts, declares and undertakes to return the product subject to the contract to the seller within 3 days at the buyer's expense.

5.9. The Buyer may make the payment of the Purchase Price by credit card, internet banking, EFT or other payment methods to be envisaged by Company via the Web Site.

5.10. Buyer will inspect the purchased Product/service prior to receipt; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The product/service received shall be deemed to be undamaged and intact. The responsibility of carefully protecting the product/service after delivery belongs to the buyer. If the right of withdrawal is to be used, the product/service should not be used. The invoice must be returned.

5.11. All taxes of the services or products subject to the contract are included in the sales price.

5.12. The name/title on which the invoice is issued and the name/title of the person who approves the contract must be the same. The information of the buyer must be correct and complete. Seller is not responsible for any damages that may arise from the inaccuracy or incompleteness of buyer’s information.

5.13. Seller reserves the right to stop the service, product or order when the information provided by the buyer does not match the reality, when it deems necessary. If the seller detects a problem in the order and cannot reach the buyer through the phone, e-mail or postal addresses provided by the buyer, seller stops the execution of the order for 15 (fifteen) days. The buyer is expected to contact the seller regarding the issue during this period. If no response is received from the buyer within this period, the seller cancels the order in order to both parties are not harmed.

5.14. The seller is not responsible for price errors caused by system errors. Accordingly, the seller is not responsible for any promotional or price errors that may arise due to the system, design or illegal interventions on the website or mobile application. The buyer cannot claim any rights from the seller, based on System errors.

5.15. The Buyer agrees, declares and undertakes to further confirm the relevant interest rates and information relating to default interest with its bank on account of the fact that the credit sales are made only by the credit cards of the banks, and that the relevant provisions regarding interest and default interest as per the legislations in force will apply under the credit card agreement between the bank and the Buyer.

6. GENERAL PROVISIONS

6.1. Upon the Buyer’s pressing of the “purchase” or “add to cart” button, the relevant product will be automatically added into the shopping cart section included on the Web Site.

6.2. The processing time of the orders is not the moment the order is placed, but the moment when the necessary payment is made from the credit card or the transfer or (EFT) reaches the bank accounts of the seller. Payment methods such as collect shipment or postal check are not accepted.

6.3. Company is the owner and/or license holder of the intellectual and industrial property rights of and pertaining to all information and materials including but not limited to the contents, graphics, user interfaces, commands, technical data presented in electronic, graphic or machine readable form, applied sales systems, work methods and business models, particularly the general view and design of the Web Site as well as all information, pictures, brands, logos, icons, source codes, data codes, database and within the software and system and their developed versions on the internet site (“Protected Property”). Without express written consent of Company, the Protected Property may not be copied, processed or reverse engineered; all or any part of their original and/or processable form may not be directly or indirectly reproduced; they may not be in any form or method disseminated; they may not be utilized through performing in public places directly or by means used for transmission of sign, sound or picture; they may not be used, communicated to the public and made available to the access of third parties in digital environments and/or mobile instruments; they may not be recorded to instruments used for conveying data; they may not be used in any visual-audio work and communicated to the public by instruments used for conveying sign-sound and/or image or by retransmission, they may not be reproduced, exhibited, changed, adapted or translated. If the Buyer is found to have violated this Article

6.3 based on Company’s discretion, Company may immediately cease the Buyer’s utilization of the Services and terminate the Contract without requirement for any compensation. The right of Company to take any civil and penal action in terms of intellectual and industrial rights, including collection of all interests and accessories of any pecuniary and moral damages, is reserved.

6.4. PROTECTION AND USE OF PROGRAM CONTENTS The Buyer acknowledges that all materials provided within the scope of the Program (including but not limited to recipes, formulas, technical documents, videos, presentations, visuals, and written materials) are delivered solely for personal use. The Buyer agrees that it is strictly prohibited to share, reproduce, distribute, or use such materials for commercial purposes without the prior written consent of the Company. In case of any violation of this clause, the Company reserves the right to terminate the Buyer’s access to the Program immediately and to pursue all legal remedies available under the Turkish Commercial Code, the Law on Intellectual and Artistic Works, and other applicable legislation.

6.5. The buyer declares that the buyer has read the preliminary information about the basic characteristics about the products, the purchase price and the purchase method and the delivery informations on the website and has given the necessary confirmation electronically.

6.6. People under the age of 18 not allowed to buy products from the Company. Seller Accepts the buyer's age specified in the contract as correct

6.7. Orders that are not transferred within one (1) days will be canceled.

6.8. Company is not responsible for Purchase Price inaccuracies caused by typos and system errors.

6.9. All transportation costs and responsibility for reaching the place where the training will be given belong to the buyer.

7. RIGHT OF WITHDRAWAL

7.1. The Buyer has the Right of Withdrawal within fourteen (14) days starting from the date of execution of this Contract, without indicating any reason. If an invoice has been sent by Company, such invoice must be presented.

7.2. In the case that the Product is started to be used by the Buyer and the product has became non-refundable before expiration of the Right of Withdrawal period, namely fourteen (14) days, the Right of Withdrawal may not be exercised..

7.3. Regarding the Product, if the relevant Product has not been used after the Contract is accepted by the Buyer, the Buyer may communicate its request for Right of Withdrawal by the written notice prepared based on the Sample Withdrawal Form included in ANNEX-1 regarding the exercise of the Right of Withdrawal via the Web Site.

7.4. In the case that this right is exercised, the Purchase Price received within fourteen (14) days starting from Company’s receipt of the withdrawal notice shall be refunded to the Buyer. For the avoidance of doubt, in the event of communication of withdrawal notice after fourteen (14) days which is the Right of Withdrawal period, the Purchase Price shall in no way be refunded.

7.5. The Right of Withdrawal period, namely fourteen (14) days, starts on the day which the Buyer confirms the Contract.

7.6. For the avoidance of doubt, by executing this Contract, the Buyer agrees and declares that Company has informed the Buyer in respect of the Right of Withdrawal.

7.7. Face-to-face training is personal due to its nature. A training plan is made and training material is prepared within the framework of the buyers' requests. For this reason, once the buyer completes the purchase from the "www.minekeskin.com" website or mobile application, it is deemed that the seller has given approval for the performance of face to face training. For this reason, the buyer cannot use the right of withdrawal in face to face training contracts.

8. FORCE MAJEURE

If rebellion, embargo, state intervention, riot, invasion, warfare, mobilization, employee-employer disputes including strikes, lockouts, labor actions or boycotts, cyber-attacks, communication issues, infrastructure and internet failures, system improvement or renovation operations and failures emerging in consequence thereof, power outage, fire, explosion, storm, flood, earthquake, immigration, epidemic or other natural disasters or other events that occur outside the control of the Parties, not originating from their faults and cannot be reasonably foreseen (“Force Majeure”) hinder or delay the Parties’ performance of their obligations arising from this Contract, the Parties may not be held liable for their obligations hindered or delayed due to Force Majeure, and this circumstance may not be deemed a breach of this Contract.

In this case, if it is possible to give the Training later and the place and conditions where the training will be given are suitable, the seller may give the Training to the buyer on a different date convenient for both parties.

The buyer can also cancel the order instead of receiving the training on a different day. If the buyer cancels the order for these reasons, the amount paid is returned within 10 (ten) days from the date of cancellation of the order, in accordance with the payment tool used by the buyer when purchasing the training. Seller shall not be liable for late returns related to payment systems.

Yet, the seller reserves the right to refund money by not providing training on another day. Although the Buyer has been informed that the training cannot be given on another day, the buyer will not be able to submit a request for the Training to be provided on a different date instead of a refund.

9. EVIDENTIAL CONTRACT

In the disputes which may arise from this Contract, Company’s official books and commercial records as well as the electronic data and computer records stored at its own database, servers shall constitute binding, final and exclusive evidence, and this article qualifies as an evidential contract for the purposes of Article 193 of the Code of Civil Procedure numbered 6100. Company shall keep the information and documents pertaining to each transaction related to the Right of Withdrawal, provision of information, delivery and its obligations in other respects for three (3) years.

10. ENTIRE AGREEMENT

This Contract and all documents submitted as part of this Contract or in connection with this Contract or included in this Contract by reference, constitute and contain the entire agreement between the Parties in respect of the subject matter of this Contract, and they supersede all agreements, arrangements and agreements made between the Parties on the subject of the Contract. The parties accept and declare that there is no other oral or written agreement regulating this matter.

11. SEVERABILITY

If any provision of this Contract in any way is or becomes legally void or ineffective, the validity, legitimacy and enforceability of the remaining provisions of this Contract shall not be impaired in consequence thereof and these provisions shall continue to apply in exactly the same way.

12. DISPUTES

12.1. The Buyer may communicate its claims and complaints through the channels as Company’s contact details are provided above.

12.2. Turkish Law shall apply to the disputes arising from this Contract

12.3. In the resolution of the disputes in relation to implementation of the Contract, the Izmir Consumer Arbitration Committees and the Consumer Courts have jurisdiction, based on the monetary limits designated in the Consumer Protection Law numbered 6502. Pursuant to the lower and upper limits designated in the 1st paragraph of Article 68 of the Consumer Protection Law numbered 6502, the district/provincial consumer committees in Turkey have jurisdiction over the consumer claims.

13. ENFORCEMENT

Each article of this Contract consisting of thirteen (13) articles and one (1) annex has been read and understood by the Buyer. This Contract shall take effect on the date confirmed by the Buyer.  

ANNEX-1

SAMPLE WITHDRAWAL FORM

(This form will only be filled out and sent when the right of withdrawal from the Contract is intended to be exercised.)

-To: (Company’s name, trade name, address, fax number, if any, and e-mail address will be included.)

-Upon this form, I declare that I exercise my right of withdrawal as to the sale of the products or provision of the services below.

-Order date or delivery date:

-Product or service subject to the right of withdrawal:

-Price of the product or service subject to the right of withdrawal:

-Consumer’s name and surname:

-Consumer’s address:

-Consumer’s signature: (Only when submitted on paper)

-Date: