AGREEMENT AND PRELIMINARY INFORMATION FORM SANDU YAZILIM VE TİCARET ANONİM ŞİRKETİ DISTANT SALES AGREEMENT PRELIMINARY INFORMATION FORM
ARTICLE 1 – SUBJECT The subject of this agreement is to determine the rights and obligations of the parties in accordance with Law No. 6502 on Consumer Protection, the Distance Contracts Regulation and other relevant legal provisions regarding the sale and delivery of the products and services ordered electronically by the Customer to Sandu Yazılım Ve Ticaret A.Ş. from the application named "Sandu". By accepting this preliminary information form, the Customer agrees in advance that, depending on the approval of the order subject to the agreement, he/she will be obliged to pay the price subject to the order, the delivery of the products subject to the service and the additional charges that may arise, if specified, and that he/she has been informed in this regard. ARTICLE 2 – PARTIES This Distance Sales Agreement (hereinafter referred to as the "Agreement") has been prepared in accordance with the Consumer Protection Law and the Distance Sales Regulation. The parties to the Agreement declare that they know, understand and accept all their obligations and responsibilities arising from this Agreement and the Consumer Protection Law and the Distance Sales Regulation. (Hereinafter, Sandu Yazılım Ve Ticaret A.Ş. shall be referred to as "SANDU" and the Customer shall be referred to as "CUSTOMER" and both together shall be referred to as "PARTIES"). With this Agreement, the CUSTOMER hereby declares and undertakes the following matters to Sandu Yazılım Ve Ticaret A.Ş. located at Pınarbaşı Mahallesi Hürriyet Caddesi Akdeniz University Uluğbey R&D Block 2 No:3A Interior Door No:B135 Konyaaltı / Antalya / Türkiye. Likewise, Sandu Yazılım ve Ticaret A.Ş. declares and undertakes the following to the CUSTOMER. For this reason, the name, surname / title, e-mail address, and telephone information filled in the application, which can be downloaded and used on iOS and Android devices under the name SANDU, should be checked again that it is real and correct. ARTICLE 3 - SELLER INFORMATION: Title: Sandu Yazılım Ve Ticaret A.Ş . Adress: Pınarbaşı Mahallesi Hürriyet Caddesi Akdeniz Üniversitesi Uluğbey Ar-Ge 2. Blok No:3A İç Kapı No:B135 Konyaaltı / Antalya / Türkiye Telephone:0850 8851545 E-mail: info@sandu.app Mersis (Central Registry System) No: 0743087941300001 ARTICLE 3 – DEFINITIONS 3.1. Application: Refers to the application named SANDU, all rights and property of which are owned by Sandu Yazılım Ve Ticaret A.Ş. 3.2. User: Refers to the person who uses SANDU. 3.3. Service/Product: Refers to the service/product selected by the User among the options in the Catalog and offered to the User by the User on the dates determined by the User, depending on the availability. The service that is the subject of this agreement is an on-demand service application that allows the Customer to obtain laundry, dry-cleaning, ironing and home textile services through the SANDU mobile application, where the Customer can choose the times of these services and where the products that are the subject of the service are collected from the Customer's address and delivered to the address specified by the Customer after the transaction by SANDU mobile customer service representatives. 3.4. Customer(s) refers to the person(s) making the purchase from SANDU, it being understood that the CUSTOMER may also be the user of the Service/Product or not, depending on whether he/she uses SANDU personally or gives it to someone else. 3.5. Party(ies): Refers to the CUSTOMER and SANDU. 3.6. Gift Voucher: It is a gift voucher / gift code used to pay or reduce the fixed price of one or more Services / Products to be selected among the different options in the Application, but it has no cash and no nominal value. ARTICLE 4- PRODUCT(S) SUBJECT TO THE AGREEMENT 4.1. The main features of the service (service items, purchase, delivery dates, service fee and additional fees) are included in the SANDU application. 4.2. The prices listed and advertised on the website are the selling prices. The advertised prices and promises are valid until they are updated and modified. The prices announced for a certain period are valid until the end of the indicated period. 4.3. The sales prices of the goods or services that are the subject of the agreement, including shipping costs and all taxes, can be viewed on the Sandu.app application. ARTICLE 5 - SANDU APPLICATION 5.1. This agreement applies to the products or services ordered by the CUSTOMER through the Application and specifies the type/name, quantity, selling price, shipping costs, payment method and the number of installments, if any. 5.2. Payment may be made by credit card in accordance with the following conditions: By credit card (Visa, Eurocard/Mastercard, Amex): To make the payment, the CUSTOMER must provide the card number and expiration date in the space provided. The total amount of the order, including shipping costs and any surcharge, will be charged to the card indicated by the CUSTOMER at the time of ordering. SANDU has the right to suspend and cancel the CUSTOMER's order if the bank does not authorize the payment. However, if the performance of the service corresponding to the order placed by the CUSTOMER has been completed by SANDU, but the fee for the service performed has not been received, the CUSTOMER will be informed about the situation and the products subject to the service will be kept by SANDU until the payment is made. Upon payment, the products in question will be delivered to the customer in accordance with the terms of this agreement. The application is organized in such a way as to ensure that the CUSTOMER enters the card information in a confidential and secure manner during the ordering process. The CUSTOMER accepts, declares and undertakes that, if he/she pays by credit card, he/she will also confirm the relevant interest rates and late payment charges from his/her bank and that the provisions regarding interest and late payment charges will be applied in accordance with the provisions of the legislation in force within the framework of the credit card agreement between the Bank and the Buyer. In case of return of the product purchased by credit card, SANDU cannot pay the CUSTOMER in cash. The credit card will be refunded according to the procedures of the bank. In addition, payment for the service can also be made by bank transfer/EFT to the bank account number GARANTİ BBVA TR 05 0006 2000 0140 0006 2922 72. 5.3. If the CUSTOMER has a claim resulting from the exchange of Products/Services, with credit: in order for the CUSTOMER to make the payment, the CUSTOMER must send the code indicated online in the section reserved for the transaction in the Application, or send an e-mail to info@sandu.app at any time, every day of the week. In the event that the CUSTOMER wishes to purchase a Product/Service that is more expensive than the Product/Gift Certificate, the CUSTOMER may pay the difference between the two Products/Services by credit card. On the other hand, if the CUSTOMER wishes to replace the current Product/Service purchased by the CUSTOMER with a cheaper Product/Service in accordance with this Agreement, the difference will be stored in the CUSTOMER's account in the application in such a way that the CUSTOMER can use it for another order. ARTICLE 6 – SANDU TERMS OF USE AND GENERAL PROVISIONS 6.1. If you are not the Beneficiary of the Product, you shall inform the Beneficiary of the Product under the following conditions. If you fail to provide this information, SANDU YAZILIM VE TİCARET A.Ş. shall not be liable to the Beneficiary. 6.2. In order for the Gift Voucher to be valid, it must be verified (activated). This can be done from the application. 6.3. As stated in the Application, the Gift Voucher entitles the User to take advantage of various activities, products and services. The Gift Voucher is valid for only one of the offered activities, products, services (to be chosen by the User) within a certain period of time. 6.4. All visual elements used by Sandu may be representative. In addition, all copyrights to the content and visual elements are reserved and it is forbidden to use, reproduce, publish or modify them, in whole or in part. 6.5. Purchased products may be exchanged within 7 days provided that they are in good condition and unused. 6.6. If the Gift Voucher is not used in time, lost/stolen or used by the User in violation of the user agreement, the User shall not be entitled to any refund or compensation. 6.7. The CUSTOMER declares that he/she has read and understood the basic features and characteristics of the product/service subject to the agreement in the Application, the sales price, the method of payment, the preliminary information on delivery, and that he/she has given the necessary electronic confirmation. 6.8. Sandu.app provides laundry, folding, washing, ironing, dry cleaning, ironing and home textile services. The Customer accepts, declares and undertakes that, due to the nature of the laundry and dry-cleaning service, the product may differ from its original state as a result of the applications carried out within its authorization, especially in cases requiring washing, drying and ironing. SANDU will not be held responsible for cases carried out within the Customer's authorization. 6.9. The Customer agrees to receive the invoice electronically by e-mail. 6.10. The Customer declares that he/she accepts the data in the Back Office program in disputed cases. 6.11. Within the framework of the agreement, the Customer declares that he/she accepts responsibility for the type of service he/she has chosen when placing the order. 6.12 While we will do our best to prevent damage to your garments, we cannot guarantee against potential color loss or shrinkage of your garments. In addition, we cannot be responsible for deterioration due to small holes or tears in the garments we receive. If your invoiced garments/textiles are deemed damaged as a result of an independent investigation, Sandu will reimburse you up to 10 times the cost of cleaning the garments/textiles within 15 working days of you submitting your invoice to us. (If the up to 10 times amount is greater than your invoice amount, you will receive a gift card up to the amount of your invoice amount. If your invoice amount exceeds our coverage amount, your claim will be covered with a gift voucher up to 10 times the cost of cleaning). Damaged items must be reported to Sandu's e-mail address (info@sandu.app) and inspected by Sandu within 15 days of delivery of the order to you. If, as a result of the inspection, it is determined that the service received is not in accordance with the nature of the transaction of the product sent, all responsibility will be borne by the customer. For example; Although there is a statement that dry cleaning cannot be done on the product label, all responsibility belongs to the customer in case of negative results after the process when the product is sent for dry cleaning service through the application. The same procedure will work in similar cases. 6.13. Lost items must be reported to the email address (info@sandu.app) within 7 days of delivery. All losses will be investigated on a case by case basis. Items will be considered lost if they are not found within 20 business days of notification of the loss. Any garment lost by Sandu will be reimbursed up to 10 times the cost of cleaning the garment within 15 working days of submission of the invoice. If the Customer instructs our call center or mobile customer service representative to deliver their order to someone else or to leave it at their doorstep (your voice recording will be received), the Customer is fully responsible. ARTICLE 7 - DELIVERY OF GOODS AND METHOD OF DELIVERY 7.1. The Agreement shall come into force upon acceptance by the CUSTOMER and the Goods / Services purchased by the CUSTOMER from SANDU shall be delivered to the person / persons at the address specified in the CUSTOMER'S order form and herein. 7.2. The delivery dates to be indicated to the Customer when approving the order form may vary according to the intensity, the processes to be applied to the product and the specific characteristics of the product, and the delivery of the product may be postponed to a later date than the indicated delivery date, and the Customer accepts, declares and undertakes that Sandu shall not be responsible in such cases. ARTICLE 8 - DELIVERY COSTS AND FULFILLMENT The delivery costs of the Goods / Service belong to SANDU. If SANDU has declared in the SANDU Application that the delivery costs will be paid by SANDU, the delivery costs shall belong to SANDU. SANDU will deliver the goods on the dates specified by the Customer after the payment has been received. The service of SANDU is received by the CUSTOMER according to the date and time slot selected by the CUSTOMER when ordering the service. The delivery of the order is also made at the time and slot interval requested by the Customer (There is a 24-hour rule for deliveries. There must be 24 hours between the slot time selected in the order and the delivery slot time). Sandu will make the delivery as soon as possible and reserves the right to extend the delivery time by two days by giving written notice within this period. If, for any reason, the CUSTOMER does not pay the price of the Goods / Service or if the payment made is cancelled in the bank records, SANDU shall be deemed to be released from the obligation to deliver the Product / Service and, if the performance of the service purchased is not completed as referred to in article 5.2 above, the products belonging to the CUSTOMER shall be held by SANDU until payment is received. ARTICLE 9 – DECLARATIONS AND COMMITMENTS OF THE CUSTOMER The CUSTOMER declares that he/she has read and understood the preliminary information uploaded by SANDU in the SANDU application regarding the basic characteristics, the sales price and the method of payment and delivery of the product that is the subject of the agreement, and that he/she has given the necessary electronic confirmation. CUSTOMERS may submit their requests and complaints as Consumers through the channels provided by the Seller's contact information above. By electronically confirming this Agreement and the Preliminary Information Form, the CUSTOMER confirms that he/she has obtained the address, basic characteristics of the Products ordered, the price of the Products including taxes, payment and delivery information that SANDU must provide to the CUSTOMER prior to the conclusion of distance contracts. After delivery, the responsibility of the product and service and damages belong to the CUSTOMER. In the event that the relevant bank or financial institution does not pay the cost of the goods to SANDU due to unfair or unlawful use of the CUSTOMER's credit card by unauthorized persons in a manner not caused by the CUSTOMER after delivery of the Product and Service, the CUSTOMER is obliged to return the products to SANDU within 3 (three) days, provided that the products have been delivered to him. In this case, the CUSTOMER shall bear the delivery costs. If the CUSTOMER has received a service, the CUSTOMER must make another payment by credit card and/or cash within 3 (three) working days, otherwise SANDU reserves the right to initiate legal proceedings for the legal collection of the claims. In cases where the CUSTOMER has placed an order through the application and/or the website and the products subject to the order have been received by SANDU, but during the inspection phase the CUSTOMER has refused to receive the service for any reason and / or the relevant product is determined by SANDU to be inoperable and notified to the CUSTOMER, the CUSTOMER accepts, declares and undertakes in advance that he / she will be obliged to pay the "Minimum Basket Amount" of XXXXXX TL. This fee is not a service fee and will be charged to the CUSTOMER as compensation for the damages incurred or to be incurred by SANDU due to the expenses incurred by SANDU during the stages of collection and return of the relevant product(s) from the Customer's address by SANDU. ARTICLE 10 – DECLARATIONS AND COMMITMENTS OF SANDU YAZILIM VE TİCARET A.Ş. SANDU YAZILIM VE TİCARET A.Ş. shall be responsible for delivering to the CUSTOMER the contractual product and service in accordance with consumer legislation, intact, complete, in accordance with the qualifications specified in the order. If SANDU is unable to deliver the Product and Service within the delivery period due to force majeure or exceptional circumstances preventing transportation, it is obliged to inform the CUSTOMER as soon as possible. If the contractual product/service is to be delivered to a person other than the CUSTOMER, SANDU cannot be held responsible for the refusal of the recipient to accept the delivery. ARTICLE 11 - RIGHT OF WİTHDRAWAL 11.1. Pursuant to Law No. 6502 on Consumer Protection, the CUSTOMER has the right to return the Product within 14 (fourteen) days from the date of delivery of the Product subject to the Agreement to him/her or to the person/organization at the address indicated by him/her, without giving any reason and without paying any penalty. 11.2. In order for the CUSTOMER to exercise his right of withdrawal, he must notify SANDU that he wishes to return the Product within 14 (fourteen) days from the date of delivery. SANDU is obliged to accept the return of the product and to pay the price of the product to the CUSTOMER within 10 (ten) days from the receipt of the CUSTOMER's request at the latest. According to Article 15/h of the Regulation on Distance Contracts No. 29188 of the Ministry of Customs and Trade; "Contracts for services that are started to be performed with the consent of the consumer before the expiration of the Right of Withdrawal" constitute an exception to the aforementioned Right of Withdrawal. Accordingly, the Customer accepts, declares and undertakes that the services provided by SANDU are not subject to the Right of Withdrawal due to the fact that the services are "services started to be performed with the Customer's own consent". 11.3. If the CUSTOMER is not duly informed of the right of withdrawal, he/she is not bound by the 14 (fourteen) day period for exercising the right of withdrawal. In any case, this period shall expire after 1 (one) year from the date of expiry of the withdrawal period. The CUSTOMER shall not be liable for changes and deterioration caused by normal use of the goods during the withdrawal period. 11.4. In the event that the CUSTOMER wishes to return the Product by exercising the right of withdrawal, he/she will be able to return the Product by any shipping company at the expense of the CUSTOMER by notifying SANDU within the 14 (fourteen) day period specified above. 11.5. In accordance with the General Communiqué on Tax Procedure Law No. 385, the electronic invoice sent to the CUSTOMER together with the Product must be kept in order to carry out the return transactions. If the delivered Product is to be returned, the CUSTOMER must return the copy of the e-invoice with the Product to SANDU. If the CUSTOMER returns the Product to SANDU without sending the signed return invoice and/or if the invoice is lost, the CUSTOMER will be liable for any costs and penalties incurred. 11.6. In order to exercise the right of withdrawal, the Product must be unpacked, intact and unused. 11.7The products for which the right of withdrawal cannot be applied are: products that are personalized at the request of the CUSTOMER, products that are personalized by making changes or additions, products that are not suitable for return due to their nature (the condition for returning hygienically sensitive products such as underwear, swimwear, cosmetics is that the product is unopened and untested, Products and services such as audio or video recordings (DVD, CD and cassette, etc.), printed products (books, magazines, etc.), software programs and computer consumables, products that are likely to deteriorate quickly or expire, products whose price is determined on the stock exchange or other organized markets (all products in the bullion, jewelry gold and silver category, etc.), hotels, national/international tours, trips and airline tickets purchased from the holiday category. The CUSTOMER cannot exercise the right of withdrawal for products intended for food, beverages and other items of daily consumption, products that are used once, products that are likely to deteriorate rapidly or expire. Cancellation/refund of these products and services will not be made by the CUSTOMER directly exercising the right of withdrawal, but in accordance with SANDU's application. In addition, as stated in paragraphs g and h of article 15 of the Regulation on Distance Contracts of the Ministry of Customs and Trade, there is no right of withdrawal for the services provided by SANDU at the customer's request (washing and folding, washing and ironing, dry cleaning, ironing and home textile service). 11.8. By accepting this agreement, the CUSTOMER agrees in advance that he/she has been informed of the right of withdrawal. ARTICLE 12 - NOTICE OF DEFECTS AND DEFICIENCIES 12.1. Each Product and Service delivered must be carefully inspected by the CUSTOMER. If the Product is defective or incomplete, SANDU must be notified within 30 (thirty) days from the delivery of the Product to the CUSTOMER. 12.2. In the event that this situation is not notified to SANDU within this period and/or the defect / deficiency in the Product / Service is not caused by SANDU, no responsibility is accepted by SANDU. In cases where the CUSTOMER is aware or should be aware of the defect at the time of the conclusion of the agreement, there is no breach of agreement. The consumer's optional rights against other defects are reserved. ARTICLE 13 – DELIVERY 13.1. SANDU delivers only in the regions indicated in the application. Products will be delivered to the address provided by you at the time of ordering. SANDU is not responsible if you are not present at the delivery address or if you provide an incorrect address. For this reason, any damage resulting from late delivery of the Product / Service by the CUSTOMER, as well as the expenses incurred in returning the Product to SANDU due to non-delivery, shall be borne by the CUSTOMER. 13.2. The sales price must be paid for the delivery of the Product/Service subject to the Agreement. If for any reason the purchase price is not paid or cancelled in the bank records, SANDU shall be deemed to be released from the obligation to deliver the Product/Service. 13.3. Any Product/Service ordered shall be delivered to the CUSTOMER or to the person/organization at the address indicated by the CUSTOMER as soon as possible, depending on the distance from the CUSTOMER's residence, provided that it does not exceed the legal period of 30 (thirty) days from the date of the order. 13.4. If the ordered Product is to be delivered to a person/organization other than the CUSTOMER, SANDU cannot be held responsible for the failure of the person/organization to accept the delivery. ARTICLE 14 - LIABILITY SANDU does not assume any responsibility in the event that the services included in the agreement are not provided to the CUSTOMER, or are provided incompletely, for reasons beyond its control or in cases of force majeure. ARTICLE 15 - DEFAULT AND TERMINATION PROVISIONS If the parties fail to fulfill their obligations under this agreement, the provisions of the Turkish Code of Obligations No. 6098 shall apply. In case of default, if one of the parties does not fulfill its obligations within the time limit without justifiable reason, the other party shall grant the defaulting party a period of 7 (seven) days to fulfill the performance in question. If the performance is not fulfilled within this period, the defaulting party shall be deemed to be in default and the creditor shall have the right to demand the delivery of the Product / Service or the termination of the Agreement and the return of the price by demanding the performance of the performance. ARTICLE 16 - FORCE MAJEURE 16.1. In the event of an event of force majeure that may prevent the parties from fulfilling their obligations under this agreement, or in the presence of extraordinary events such as weather, transport disruption, fire, earthquake, flood, etc. that prevent transportation, if the Product subject to the agreement is not delivered within the contractual period, the CUSTOMER may exercise one of the rights of withdrawal provided for in Article 11 of this agreement or postponement of the delivery period until the preventive situation is removed. 16.2. SANDU shall not be liable for late or incomplete performance or non-performance of any of its obligations specified in this agreement in all cases considered by law as "force majeure". These and similar cases shall not be considered as delay, incomplete performance, non-performance or default for SANDU and no compensation under any name shall be claimed from SANDU for these cases. The term "force majeure" shall be interpreted as unavoidable events, including but not limited to natural disasters such as fire, earthquake, flood, riot, war, strike, communication and transportation problems, infrastructure and internet failures, power outages and bad weather conditions, which are beyond the reasonable control of SANDU and which SANDU cannot prevent despite exercising due diligence. In such cases, the CUSTOMER may exercise any right of withdrawal or exchange. ARTICLE 17 - CUSTOMER SERVICE, COMPLAINT AUTHORITY AND COMPETENT COURT 17.1. You can contact SANDU for all your requests for information and explanations, including purchase, return, exchange, use of the product, as well as your objections and complaints: • By calling 444 84 10 any day and time of the year, • Via the "Contact" link in the "Options" section of our Application, • By mail to the above address of SANDU. ARTICLE 18 – NOTICES and EVIDENCE AGREEMENT Any correspondence to be made between the Parties under this Agreement shall be made by e-mail, except for the mandatory cases listed in the Law. The CUSTOMER accepts, declares and undertakes that in any dispute that may arise from this Agreement, SANDU's official books and commercial records, electronic information and computer records kept in its own database and servers shall constitute binding, conclusive and exclusive evidence, and that this article is an evidentiary agreement within the meaning of Article 193 of the Code of Civil Procedure. ARTICLE 19 - OFFICIAL REQUESTS As a result of the CUSTOMER's failure to comply with the obligations arising from this agreement, some information about the CUSTOMER will be available to administrative, judicial, etc. authorities. If SANDU is requested by official authorities, the CUSTOMER agrees that SANDU may provide this information to the requesting authorities. ARTICLE 20 - CONFIDENTIALITY Except as provided in Article 21, during the term of this Agreement and for an indefinite period after the termination of this Agreement for any reason, neither PARTY shall, without the written consent of the other PARTY, disclose to any third party or to the public any information, property or intellectual property rights, or any information or documents relating thereto, which it has obtained directly or indirectly and which must be kept confidential, or use or make available the same for its private activities or for the benefit of any other person, institution or organization, whether for compensation or not. ARTICLE 21 - ENFORCEMENT This Agreement consists of 20 (twenty) articles and has been read and executed by the parties and is effective immediately upon electronic acceptance by the CUSTOMER. SANDU YAZILIM VE TİCARET A.Ş. CUSTOMER