Commercial Distance Sales Contract

ARTICLE 1 - Parties and Definitions:

this Distance Sales Agreement (“Agreement”), (“Buyer”) and SELİMİ BİLİŞİM TECHNOLOGIES LTD.ŞTİ “SELİMİ BİLİŞİM TEKNOLOJİLERİ LTD.ŞTİ” or “Seller ” will be referred to individually as a “ Party”and collectively as the “Parties”.

The subject of this Distance Sales Agreement (“Agreement”) is the sale and delivery of the product that the Buyer purchases by placing an order electronically on the Seller's website www.patitracker.com (“Site” or “Website”), which has the qualities specified on the Website and the sales price indicated, and the determination of the rights and obligations of the Parties.

ARTICLE 2 - Subject, Purpose and Scope:

2.1. The Seller operates the online electronic commerce environment www.patitracker.comwww.patitracker.com as an Intermediary Service Provider within the scope of the Law No. 6563 on the Regulation of Electronic Commerce.

2.2. Within the scope of this Agreement, since the Parties are merchants, legal entities or tradesmen in accordance with the Turkish Commercial Code No. 6102 and the subject matter of the Agreement is a “commercial business”, the Agreement is subject to the General Provisions of the Turkish Commercial Code No. 6102 and the Code of Obligations No. 6098. Within this scope, the Buyer accepts and undertakes that the Seller provides a service only to merchants, legal entities and tradesmen through the Website and that, within this framework, the relationship arising within the scope of this Agreement is not within the scope of the Consumer Protection Law No. 6502. Within this scope, since the definition of “consumer” within the meaning of the provisions of consumer legislation is not in question for the Buyers, the Buyers do not have the right to benefit from the rights and authorities granted to consumers in accordance with the said legislation, especially the right of withdrawal.

2.3. The Buyer accepts and declares that he/she is informed about the basic characteristics, sales price, quantity, payment method, delivery conditions and all other information about the product subject to sale as well as cancellation and return conditions, that he/she confirms this information electronically of his/her own will and then orders and purchases the product.

2.4. Online Users Information Text”, “Terms of Service”, “Privacy Principles” and “Information Text Regarding Cookies” available on the Website are annexes and integral parts of this Agreement.

ARTICLE 3 - Products Subject to Order

ARTICLE 4 - Rights and Obligations of the Parties

4.1. After the payment is made in full, the Seller is obliged to supply and deliver completely within the stock quantities, features, colors, sizes, dimensions and measurements stated on the Website, within the product specifications and delivery date stated in the product description.

4.2. The Buyer is obliged to provide all information requested from him/her, such as name, surname, company title, e-mail address, telephone, address, invoice information, in a legal, up-to-date, accurate and complete manner when registering to the Website and during the order.

4.3. The Seller is not a supplier or seller of some of the products on the Website. The Seller operates the online electronic commerce environment named www.patitracker.com as an Intermediary Service Provider within the scope of the Law No. 6563 on the Regulation of Electronic Commerce. Here again within the scope of the relevant legislation, the Seller provides an electronic commerce environment for the sale of economic and commercial products belonging to others with the domain name www.patitracker.com.The Seller is also a marketplace platform where the sale of certain private and/or legal entities is permitted by law.

4.4. The Seller does not make any representation, warranty or commitment regarding the accuracy, quality, safety or legality of products or services that it does not directly supply or produce and that are offered for sale by a supplier. The Customer expressly accepts that it cannot make any claims from the Seller in this regard.

ARTICLE 5 - Provisions Regarding Payment and Order

5.1. The BUYER's Bank may organize campaigns and apply installments above the selected number of installments, and services such as installment postponement may be offered. Such campaigns are at the discretion of the BUYER's bank and information about the campaigns is provided on our pages if SELİMİ BİLİŞİM TEKNOLOJİLERİ LTD.ŞTİ is aware of them.

5.2. For orders to be made by money transfer, if payment is not made within 3 business days, the BUYER's order will be automatically canceled by the Website system. The responsibilities that arise in this case belong to the BUYER.

5.3. On the other hand, since the sales on credit are made only with credit cards belonging to banks; the buyer can learn the relevant interest rates from our website and also confirm the information about the default interest from his/her bank. In accordance with the provisions of the legislation in force, the provisions regarding the interest and default interest will be applied within the scope of the credit card agreement between the Bank and the BUYER.

5.4. The parties to this Agreement are the Buyer and the Seller. In this context, all obligations and responsibilities regarding the fulfillment of this Agreement belong to the parties to the Agreement.

5.5. The Buyer may order the products he/she wishes to order by selecting options such as product features, type of material, size, height, number, quantity, size, measurement, color, quantity.

5.6. The Buyer accepts in advance that the return conditions will vary depending on whether the products ordered are ready-made, personalized or special to an institution. In this context, the Buyer accepts in advance that he/she does not have the right to return the products if they are prepared specifically for him/her, regardless of whether the Buyer is a legal or real person.

5.7. After selecting the product with all its qualities and completing its preferences, the Buyer creates an order, adds the product to the basket and, if desired, continues shopping or proceeds to the payment step by following the purchasing steps. The Buyer's order will be processed after the Buyer receives approval through the e-mail address entered when placing the order or through the approval button on the website.

5.8. Before making the purchase, the Buyer chooses the shipping and delivery option that suits him/her and then proceeds to the payment step. After completing the payment, order, shipping or delivery information is sent to him/her via e-mail.

5.9. Due to the nature and features of the products offered on the Website, the Buyer must read the options offered to him in order to supply the product and, if necessary, make a choice from the options presented to him. The Buyer is responsible for the errors in the options he declared and selected when choosing the product and for the product to be prepared according to his request in the manner he selected from the Website.

5.10. After the Buyer confirms the order, if the product description does not include cargo and delivery times or information, that product is supplied through external supply. The Seller may cancel the order if it wishes, depending on the stock status or supply times of the external supply, or if the supply of the relevant product is provided, the products in question are delivered to the address specified by the Buyer within 30 (thirty) days, taking into account the production times.

ARTICLE 6 - Return Process

6.1. As a rule, within the scope of this Agreement, in cases where products and services are produced in accordance with the Buyer's special requests and demands or made special for the Buyer by making changes or additions, it is not possible to cancel or return these products.

6.2. The Buyer has the right to completely abandon the order before confirming the order availability and delivery options and before the purchased products are processed for production, supply or shipment.

6.3. If the Buyer notifies the Seller of this cancellation request in a timely manner by sending the order number or information to [email protected] e-mail address, the product price will be refunded to the Buyer within 10 (ten) business days or, upon the Buyer's request or approval, this amount will be kept in his/her account and used in subsequent orders, or, upon the Buyer's request, a coupon code will be defined for the Buyer and he/she will be allowed to use it in subsequent orders.

6.4. If the ordered products, which will be printed or produced for individuals or an institution, are requested to be cancelled before they are printed or produced, the fees for the transactions made so far (proof printing, sample production, graphic editing, etc.), if any, will be deducted and the amount will be refunded to the Buyer within 10 (TEN) business days.

ARTICLE 7 - Delivery of Products and Delivery Method

7.1. Unless otherwise stated in writing by the Buyer, the products subject to the order will be delivered to the Buyer at the address specified by the Buyer in the order steps or in the member account. The Buyer accepts, declares and undertakes that the information provided regarding the delivery of its order, such as "Delivery Information" and "Recipient", is correct and up-to-date, and that the order can only be received by itself or the recipients it designates upon presentation of an ID.

7.2. Unless otherwise stated, as a rule, delivery costs are the responsibility of the Buyer. If the Seller has declared on the Website that the delivery costs of those who shop above the amount declared in the system during the transaction period will be covered by the Seller or that free delivery will be made within the scope of the campaign, the delivery costs will be the responsibility of the Seller. However, the Seller is free to determine under which conditions the delivery will be covered by the Seller and does not make any commitment regarding the delivery cost.

7.3. Delivery is made as soon as possible, provided that stocks are available for ready-made products, and depending on the production time for products that will be supplied externally and have production times, and not later than 30 (thirty) days after the payment for the ordered product is transferred to the Seller's account.

7.4. . Orders placed on Saturdays, Sundays and public holidays, which are considered weekends, are deemed to have been placed on the first business day following the confirmation of payment information.

ARTICLE 8 - Defective Products

8.1. In accordance with the Turkish Commercial Code No. 6102, the Buyer is responsible for checking the defects of the products he/she has ordered during delivery.

8.2. In case of an obvious defect in the delivered products, the Buyer is obliged to notify the Seller within 3 (three) days in accordance with Article 23/c of the Turkish Commercial Code No. 6102. Otherwise, the Buyer will be deemed to have accepted the delivered product in its defective condition in accordance with Article 223 of the Turkish Code of Obligations No. 6098.

8.3. The Buyer is obliged to inspect and control (inspect and/or have the product inspected) the products delivered to him/her for hidden defects that are not clearly visible and to notify the Seller immediately if he/she detects a defect in the products within 8 (eight) days from the date of delivery. Otherwise, the Buyer will be deemed to have accepted the delivered product in its defective condition in accordance with Article 223 of the Turkish Code of Obligations No. 6098.

8.4. The Buyer is obliged to send the product to the Seller in the exact and complete form in which it was received, by creating a return request via the Website with a notice of defect or by notifying the Seller of this situation. In order for the Buyer to return the delivered product for any reason; the product must be kept in its original packaging and returned with all packaging materials intact and without any physical damage. In addition, all originals and copies of the delivery note and invoice must be sent with the products.

8.5. If there is any abnormal situation such as damage, crushing, or wetness that can be noticed without opening the package, other than damage caused by the delivery carrier, the Buyer must request the delivery officer to prepare a report.

8.6. The Seller, after duly notifying and after the delivery of the product, shall perform the necessary checks; and if the Buyer is right in his/her statements (any errors that may occur during the printing process such as color difference, number, length, size, measurement or shift), the defective product shall be replaced or re-manufactured, supplied or prepared and delivered to the Buyer, all expenses being covered by the Seller. The Buyer may also request a refund. In this case, the refund shall be made within 10 (ten) business days.

8.7. In cases where the possibility of replacing the returned defective product with a defect-free product is eliminated due to the fact that a new one is not available in stock, reproduction, supply or printing is not possible, the material to be produced or supplied is not available or due to similar compelling reasons, the Seller declares and undertakes to refund the price of the product to the Buyer in the same way it was collected, without paying any interest or expense.

8.8. . In case of product return, the provisions of Tax Procedure Law No. 213 and relevant legislation are reserved and the Buyer and Seller are obliged to comply with the said provisions.

ARTICLE 9 - Provisions Regarding Prices

9.1. The price of the products ordered by the Buyer from the Website is stated on the Website and in the invoice sent to the Buyer. Unless otherwise stated, VAT is not included in the prices.

9.2. If the Buyer makes a purchase by credit card or in installments, the installment method selected by the Buyer on the Website is valid. In installment transactions, the relevant provisions of the contract in force between the Buyer and the cardholder bank are valid. The credit card payment date is determined by the provisions of the contract between the bank and the Buyer, and the Seller has no obligation in this regard.

ARTICLE 10 - Other Provisions

10.1. The Seller reserves the right to make changes to the prices and product, color, size, quantity, material types, ready designs and promotions and campaigns on the Website at any time without any obligation to provide any further information and/or to cancel, delete or disable all specified matters. The Buyer accepts and declares in advance that it will not claim compensation from the Seller under any name for any direct and/or indirect damages it may suffer due to such changes or cancellations.

10.2. The Seller cannot be held responsible for any problems such as selection errors, spelling errors, incorrect placement, inappropriate selection, selection of wrong printing material, measurement, size, number and color errors in the information sent by the Buyer or selected from the options presented to him while creating the order.

10.3. Although the Seller is not obliged to examine whether the content prepared to be printed or produced for special production or printing is in compliance with the law, morality and general legislation, it has the right not to accept the content it deems inappropriate and to cancel the order in this direction.

10.4. The Seller cannot be held responsible if the colours related to the product features seen on the computer or tablet screens or the colours seen on the colour charts are not exactly the same as the colours seen on the produced or printed product, or if there is a difference in tone between the colours chosen by the Buyer and the produced or printed product.

10.5. The Seller acknowledges that it is aware that some specially produced or printed products are not suitable for outdoor use, cannot be exposed to sun or moisture, and that such products must be kept under appropriate storage conditions.

10.6.. In the event of incomplete, defective or faulty performance of the Contract by the Seller, the Buyer accepts and undertakes that it will not claim any damages, including any positive and/or negative damages and loss of profits, in relation to the subject of this Contract. In this context, the Seller's financial liability that may arise from this Contract is at most the amount of the order placed by the Buyer on the website.

10.7. The Seller does not accept any responsibility for interruption of the transaction, error, negligence, interruption, deletion, loss, delay of transaction or communication, computer virus, communication error, theft, destruction or unauthorized entry into, alteration or use of records, as a result of breach of contract, tort, negligence or other reasons.

ARTICLE 11 - Force Majeure

11.1. Circumstances that do not exist at the time the Contract is concluded and develop beyond the control of the Seller, and which make it impossible for the Seller to partially or completely fulfill its obligations and responsibilities undertaken under the Contract or to fulfill them on time, are considered force majeure (all kinds of natural disasters, war, terrorism, riots, changes in legislative provisions, seizures, strikes, lockouts, significant failures in production and communication facilities, widespread and/or continuous power and/or internet outages, etc.).

11.2. In the event of Force Majeure, the Seller may unilaterally refrain from fulfilling the obligations undertaken under this Agreement without compensation by refunding the price paid

11.3. If the force majeure lasts more than 45 (forty-five) days, the Buyer may terminate this Agreement and request a refund of the amount paid.

ARTICLE 12 - Applicable Law and Jurisdiction

12.1. The Buyer irrevocably accepts, declares and undertakes that in any dispute that may arise between the parties, the Seller's commercial books, records and documents, computer, fax records, microfilms, e-mail correspondence shall be deemed as conclusive evidence in accordance with Article 193 of the Code of Civil Procedure No. 6100.

12.2. This Agreement has been drawn up and approved electronically between the Parties before the Buyer makes payment; in this context, this Agreement replaces the written agreement between the Parties and is an electronic document in accordance with the Code of Civil Procedure No. 6100.

12.3. Istanbul Central - Çağlayan Courts and Enforcement Offices shall have jurisdiction and authority to resolve any disputes arising from this Agreement, and the law of the Republic of Turkey shall apply to resolve any disputes.

12.4. The parties accept that Istanbul Central (Çağlayan) Courts and Enforcement Offices have jurisdiction over any disputes that may arise or arise from this contract.

ARTICLE 13- Entry into Force of the Agreement

13.1. The preliminary information and invoice on the Seller's website are integral parts of this Agreement. This Agreement shall enter into force when the Product price is paid and the Buyer shall be deemed to have accepted all terms of the Agreement.

13.2. The Seller accepts, declares and undertakes that it is responsible for the accuracy of the information provided on the website regarding the product and content that are the subject of the contract that it produces or sells directly by itself and that the products comply with the specified qualifications.

13.3. The Buyer's approval of the Agreement electronically means that he/she has read every article of the Agreement, is informed about every article and accepts all the articles included in the distance sales contract.

ARTICLE 14 - Contract Changes

14.1. The Seller may change, update or cancel the information provided on the Site and the terms of the membership agreement at any time without any prior notice and/or warning in any form.

14.2. Any provision that is changed, updated or repealed shall be effective for the Recipients on the date of publication. The exception to this is the provisions regarding confidentiality.

14.3. If there is to be a change in the sections of the Agreement related to confidentiality and protection of personal data, the Seller will announce it on its own website with the domain name www.patitracker.com3 days in advance. Buyers who do not want to be bound by the changes made will be required to terminate their agreements. The Seller reserves the right to rearrange the Site and its content, to stop and/or pause publication.

ARTICLE 15 - Termination of the Agreement

15.1. The Seller has the right to terminate the Buyer's membership agreement and delete the membership record at any time, unilaterally, if deemed necessary. Written notification to the Buyer's e-mail address will give rise to all provisions of a valid termination. The Buyer cannot claim compensation on the grounds that the contract was terminated for an unjust cause. Only if there is a service that the Buyer has paid for and has not yet benefited from; this service fee will be refunded to the member. If the Contract is terminated due to the Buyer's violation of one of the provisions of the Contract, this service fee will not be refunded to the member.

15.2. The Buyer may terminate their membership at any time and can terminate the agreement. To terminate the agreement and deactivate their account, the Buyer can follow the steps in their membership account or it will be sufficient to send an email to [email protected]. If the Buyer has purchased a service that they have not utilized, they cannot request the service fee or benefit from the service if they terminate the agreement.

ARTICLE 16 - Entry into Force

By approving this “Agreement”, all the above terms and conditions are accepted without reservation, and this “Agreement” and its annexes consisting of 16 (sixteen) articles are deemed to have been concluded and entered into force by being read in full by the Recipients and approved electronically.