TERMS & CONDITIONS

1. DEFINITIONS

Seller: A natural or legal person, including public legal entities, who offers goods to consumers for commercial or professional purposes, or who acts on behalf of or on account of such a person,

Consumer, Buyer: A natural or legal person acting for purposes unrelated to commercial or professional activities,

Goods/Product: Movable property subject to a transaction; real property intended for residential or holiday purposes; and all kinds of intangible goods such as software, audio, visual, and similar content prepared for use in electronic environments,

Service: The subject matter of any consumer transaction other than the supply of goods, carried out or promised to be carried out in exchange for a fee or benefit,

Distance Contract: A contract concluded between the seller and the consumer through remote communication tools, up to and including the moment of conclusion, within a system established for the remote marketing of goods or services, without the simultaneous physical presence of the parties,

Durable Medium: Any tool or medium such as SMS, email, internet, disk, CD, DVD, memory card, or similar, that allows the information sent by or to the consumer to be recorded and copied without alteration in a manner that permits review for a reasonable period appropriate to the purpose of the information, and that enables identical access to such information.

2. SUBJECT OF THE AGREEMENT AND PARTIES

2.1 This agreement sets out the rights, obligations, and responsibilities of the parties in accordance with applicable consumer protection legislation and distance contracts regulations, in relation to the sale of products and services ordered by the BUYER through the website www.sarikalem.com (hereinafter referred to as the WEBSITE) operated by the SELLER, and the delivery of such products to the specified address. In matters not governed by this agreement, applicable statutory provisions shall apply.

2.2 The Buyer acknowledges and declares that they have been informed about the essential characteristics of the goods or services subject to the sale, the sale price, payment method, delivery conditions, all preliminary information related to the goods or services, and the right of withdrawal; that they have confirmed this preliminary information electronically; and that they have subsequently placed an order for the goods or services in accordance with the terms of this agreement. The preliminary information form on the payment page of the website and the invoice constitute integral parts of this agreement.

2.3 Seller Information

Company Name: Sarıkalem Yazı Gereçleri San. ve Tic. Ltd. Şti.

Address: Hançerli, Yalı Cami Sk. No: 3/10-11, 55020, İlkadım, Samsun, Turkey

Phone: +90 530 867 32 55

MERSIS No: 0748052621600001

2.4 Buyer Information

The person registered as a member on sarikalem.com. The name, surname, address, and contact information provided during registration shall serve as the basis.

3. PRODUCTS AND SERVICES SUBJECT TO THE AGREEMENT

The essential characteristics of the goods or services are available at www.sarikalem.com. You may review the essential characteristics of the product during the campaign period. The prices listed and announced on the site are the selling prices. Announced prices and commitments remain valid until updated or changed. Prices announced for a limited period remain valid until the end of the specified period. The type, quantity, brand/model, color, number of units, sale price, payment method, and all relevant details of the goods/products/services are determined at the time the order is finalized. Shipping costs are to be paid by the BUYER and are non-refundable.

4. GENERAL PROVISIONS

4.1 The Buyer confirms that they have read and understood the preliminary information regarding the essential characteristics, sale price, payment method, and delivery terms of the products and services displayed on the website, and that they have provided the required approval electronically.

4.2 The Seller is responsible for delivering the product that is the subject of the agreement in complete form, in accordance with the specifications stated in the order, and together with any warranty documents and user manuals where applicable.

4.3 In the event that the product or service subject to the agreement does not conform to the contract due to a failure to meet the characteristics required on the website, the Buyer may exercise one of the following options: rescind the contract by notifying the Seller of their readiness to return the product; retain the product and request a reduction in the sale price proportionate to the defect; request free repair of the product at the Seller's expense, provided this does not require disproportionate costs; or, where possible, request replacement with a defect-free equivalent. Where the Buyer opts for free repair or replacement, such request must be fulfilled within a maximum of 30 business days from the date it is communicated to the Seller. Where the Buyer opts for rescission or a price reduction, the full amount paid or the applicable reduction shall be refunded to the Buyer immediately. Liability for defective goods is subject to a two-year limitation period from the date of delivery, even if the defect becomes apparent at a later stage. If the Buyer was aware of or could reasonably have been expected to be aware of the defect at the time the contract was concluded, no breach of contract shall be deemed to have occurred. In all other cases, the Buyer retains the optional remedies set out above.

4.4 If the payment for the product or service is not made by the Buyer for any reason, or is cancelled in bank records, the Seller shall have no obligation to deliver the product or service.

5. RIGHT OF WITHDRAWAL

5.1 The BUYER has the right to withdraw from the contract within 14 days from the date the product is delivered to themselves or to the person/organization at the specified address. The consumer may also exercise the right of withdrawal during the period between the conclusion of the contract and the delivery of the goods. The product price, minus the return shipping cost, shall be refunded to the BUYER in a single payment within 10 days from the date the withdrawal notice reaches the SELLER. The BUYER must return the goods within 10 days from the date the withdrawal notice is submitted; otherwise, the SELLER shall bear no liability arising from the exercise of the right of withdrawal. The BUYER shall be liable for any damages or financial losses arising from failure to return the goods.

5.2 The withdrawal period begins on the day the contract is concluded for service agreements, and on the day the goods are received by the Buyer or a third party designated by the Buyer for product agreements. The Buyer may also exercise the right of withdrawal during the period between the conclusion of the contract and the delivery of the goods.

5.3 For the purposes of determining the withdrawal period: in the case of products forming a single order but delivered separately, the relevant date is the day the last product is received by the Buyer or the designated third party; for products consisting of multiple components, it is the day the last component is received; and for contracts involving regular delivery of a product over a specified period, it is the day the first item is received by the Buyer or the designated third party.

5.4 The withdrawal notice must be communicated to the Seller via a durable medium before the expiry of the withdrawal period. You may exercise this right through our website at www.sarikalem.com, by phone at +90 530 867 32 55, or by email at [email protected].

5.5 The Seller shall refund all payments received, including delivery and shipping costs where applicable, within 14 days from the date the withdrawal notice is received. The Seller shall process all such refunds in a single payment using the same payment method used by the Buyer at the time of purchase, without imposing any additional costs or obligations on the Buyer.

5.6 The Buyer must return the goods to the Seller within 10 days from the date the withdrawal notice is submitted.

5.7 The Buyer may not exercise the right of withdrawal in the following cases:

a) Contracts for goods or services whose price is subject to fluctuations in financial markets beyond the Seller's control.

b) Contracts for goods prepared in accordance with the Buyer's specific requests or personal needs.

c) Contracts for the delivery of goods that may perish quickly or whose expiry date may pass.

d) Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, or wrapping have been opened after delivery, where return is not appropriate for health or hygiene reasons.

e) Contracts for books, digital content, and computer consumables presented on a physical medium where the protective elements such as packaging, tape, seal, or wrapping have been opened after delivery.

f) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement.

g) Contracts for accommodation, transportation of goods, car rental, food and beverage supply, and leisure activities to be performed on a specific date or during a specific period.

h) Contracts for services performed instantly in an electronic environment or for intangible goods delivered instantly to the Buyer.

i) Contracts for services whose performance has begun with the Buyer's consent before the expiry of the withdrawal period.

6. FORCE MAJEURE

6.1 Circumstances that did not exist or could not have been foreseen at the time this agreement came into force, that arise beyond the control of the parties, and that make it impossible for one or both parties to fulfill their obligations and responsibilities under the agreement, in whole or in part, or in a timely manner, shall be considered force majeure events (including natural disasters, war, terrorism, riots, changes in legislation, seizure, strikes, lockouts, significant failures in production or communication facilities, etc.). The party affected by a force majeure event shall notify the other party as soon as possible.

6.2 Neither party shall be held liable for failure to fulfill their obligations during the continuation of a force majeure event. If the force majeure event continues for a period of 30 days, either party shall have the right to unilaterally terminate the agreement.

7. EVIDENCE AGREEMENT

7.1 In the resolution of any dispute arising from this agreement, the Seller's records, including records stored on magnetic media such as computer and audio recordings, shall constitute conclusive evidence.

8. JURISDICTION

8.1 Consumer Arbitration Committees shall have jurisdiction up to the value announced by the relevant Ministry, and Consumer Courts and Enforcement Offices at the place of residence of the Buyer or Seller shall have jurisdiction for amounts exceeding that value.

9. DECLARATION OF ACCEPTANCE

9.1 The Buyer acknowledges and declares that they have read all terms and statements on the Website and in this Agreement, including the Preliminary Information Form which forms an integral part thereof; that they have prior knowledge of the essential features and characteristics of the products/services subject to the sale, the sale price, payment method, delivery conditions, and all other related matters; that they have reviewed and read all of the above electronically on the website; that they accept the content; and that by placing an order for the products/services with electronic approval and acceptance, they agree to the terms of this Agreement.

10. ENTRY INTO FORCE

10.1 This Agreement has been read by the parties, approved electronically by the Buyer, and entered into force upon completion of payment as a positive act of conduct.

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