Distance sales agreement

DISTANCE SALES CONTRACT

This Distance Sales Contract (the 'Contract') has been established electronically pursuant to the Law No. 6502 on the Protection of the Consumer, the Regulation on Distance Contracts, the Law No. 6098, the Turkish Code of Obligations, the Law No. 6563 on the Regulation of Electronic Commerce, and the provisions of other relevant legislation, and regulates the rights and obligations of the parties within the framework of the conditions specified below.

By completing their order, the Buyer declares that they have read, understood, and electronically accepted this Contract in its entirety.

ARTICLE 1 - PARTIES

1.1 Seller

Trade Name:

REEBERS ENDUSTRIYEL EKIPMANLAR TICARET LIMITED SIRKETI

Website:

https://tr.woodcoder.com

E-mail:

destek@woodcoder.com

Phone:

+90 505 331 81 89

Tax Number:

7342538638

Address:

Akhisar Sanayi Bolgesi, 275. Sokak, No:11, Inegol/Bursa, Turkey

Hereinafter referred to as the 'SELLER'.

1.2 Buyer

The real or legal person who places an order through the website www.tr.woodcoder.com and enters their identity and contact information into the system during the order shall hereinafter be referred to as the 'BUYER'. The information entered during the order shall be taken as the basis.

ARTICLE 2 - DEFINITIONS

In this Contract;

Ministry: The Ministry of Trade of the Republic of Turkey,

Law: The Law No. 6502 on the Protection of the Consumer,

Regulation: The Regulation on Distance Contracts,

Platform: The website www.tr.woodcoder.com,

Order: The electronic order placed by the BUYER through the Platform,

Product: Custom-made or customized wood, panel, CNC-cut, decoration, furniture and similar products produced through the Platform,

shall mean the above.

ARTICLE 3 - SUBJECT OF THE CONTRACT

The subject of this Contract is the determination of the rights and obligations of the parties regarding the sale, production, preparation, delivery and after-sales processes of the product or service ordered electronically by the BUYER through the Platform.

The Preliminary Information Form, Privacy Policy, Personal Data Protection Privacy Notice, Cookie Policy and Terms of Use located on the Platform are an integral annex of this Contract.

ARTICLE 4 - ESTABLISHMENT OF THE CONTRACT

4.1. This Contract enters into force when the BUYER gives electronic approval by pressing the 'Complete Order', 'Make Payment', 'Buy' or similar confirmation button on the Platform.

4.2. The BUYER accepts that, before completing the order, they have been informed about the product specifications, total sales price, taxes, delivery costs, payment method, delivery time and the right of withdrawal.

4.3. The SELLER reserves the right to reject orders for which there are technical reasons, impossibility of production, an obvious price error, unlawfulness or suspicion of security. In this case, the amount collected is refunded to the BUYER in accordance with the relevant legislation.

ARTICLE 5 - NATURE OF THE PRODUCTS

5.1. All products offered for sale through the Platform are produced custom to the buyer, in accordance with the dimensions, design, material and technical specifications requested by the buyer.

5.2. The dimensions, materials, surface coatings, colors, accessories and other technical specifications of the products are determined by the buyer on the order screen.

5.3. The product images on the Platform are representative, and slight differences in color tones may occur due to differences in the screen, device, resolution and light used.

5.4. Since wood is a natural material, its grain structure, knot formation, color tone, fiber direction, natural pattern, and surface differences are natural characteristics of the product and cannot be evaluated as defects.

5.5. Due to the technical characteristics of CNC production technology, the products may have reasonable production tolerances within industry standards. These tolerances are not considered defects.

ARTICLE 6 - ORDER AND PRODUCTION PROCESS

6.1. The BUYER accepts that the dimensions they selected during the order, their material preferences, product specifications and other information are correct. Upon order confirmation, the buyer accepts, declares and undertakes that they have carefully examined the dimensions and technical information they entered.

6.2. Upon confirmation of the order, the Seller starts production; after production has started, no changes can be made to the product's dimensions, model, material, design or order details; the order cannot be canceled. This provision applies due to the custom-made nature of production.

ARTICLE 7 - DESIGN FILES, TECHNICAL DATA AND PRODUCTION PRINCIPLES

7.1. In orders placed through the WOODCODER Platform, the BUYER selects all dimensional information and technical information themselves. The SELLER is not obligated to separately examine the engineering accuracy, static adequacy, ergonomic suitability or usage safety of the information entered.

7.2. The width, height, depth, thickness, hole positions, connection points, cutting angles, assembly gaps and tolerances entered into the Platform are put into production according to the BUYER's declaration. All damages and costs arising from the entry of incorrect dimensions cannot be demanded from the SELLER.

7.3. The SELLER may store the uploaded design files electronically for a reasonable period for the purposes of production of the order, quality control, after-sales support, warranty operations, and legal obligations. At the end of this period, the files may be deleted or anonymized.

ARTICLE 8 - INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

8.1. The BUYER accepts that they hold the necessary usage rights over all content they upload to the Platform.

8.2. All legal responsibility for logos, brands, designs, drawings, projects, photographs, product models, industrial designs, patent-subject inventions, utility models, and copyright-subject works uploaded to the Platform belongs to the BUYER. All legal and criminal responsibility that may arise from orders created by infringing the copyrights, trademark rights, patent rights, design rights, trade name, and personal rights of third parties belongs exclusively to the BUYER.

8.3. The BUYER accepts, declares and undertakes that they consent to the publication of the product produced based on the design they created, its uploading to the site and mobile applications, and its sharing with third parties.

ARTICLE 9 - PRICING AND PAYMENT

9.1. Product prices are the prices shown on the order screen. Unless otherwise stated, VAT is included in all prices. The shipping fee is shown separately on the order screen.

9.2. The order amount may be paid by credit card, debit card, wire transfer/EFT, electronic payment institutions, and other payment methods offered by the Platform.

9.3. Payment transactions may be carried out through third-party licensed payment institutions. The security of card information is the responsibility of the relevant payment institution.

9.4. The production process does not start until payment confirmation is received. If the payment is later canceled or reversed by the bank, the SELLER may stop production, may not carry out delivery, or may demand the immediate payment of the price of the delivered product.

ARTICLE 10 - PRODUCTION, DELIVERY AND DELIVERY TIME

10.1. The products are produced in accordance with the technical specifications stated during the order and with the order given by the BUYER. The production time may vary according to the nature of the order, workload, material supply and production planning. The delivery dates stated on the Platform are estimates and do not constitute a definite delivery commitment.

10.2. Since the products subject to the order are produced custom to the customer, the delivery time is 45 (forty-five) days from the date the order is confirmed.

The delivery time refers to the completion of production and the delivery of the product to the cargo company. Transport and distribution times arising from the cargo company are not included in this period.

In the event of force majeure situations, decisions of official authorities, natural disasters, war, strikes, epidemics, disruptions in the supply chain, or similar situations developing outside WOODCODER's reasonable control, the delivery time may be extended. In this case, the customer will be informed through appropriate communication channels.

10.3. Delivery is made to the delivery address notified by the BUYER during the order. The SELLER is not responsible for delays and damages arising from the incomplete or incorrect notification of address information.

10.4. In the event that the cargo company cannot reach the BUYER during delivery, any second delivery, storage or return costs that may arise belong to the BUYER.

10.5. The products are delivered disassembled (not installed). The customer may request an assembly service from WOODCODER for an additional fee during or after the order. The scope and fee of the assembly service are determined separately. In the event that the assembly service is carried out by the customer or third parties other than WOODCODER, WOODCODER cannot be held responsible for any damage arising from the assembly, incorrect installation of the product, defect caused by incorrect assembly, loss of function, safety risk or other damages. In such cases, the product warranty remains valid only in respect of production errors that can be proven independently of the assembly. The customer accepts and declares that all risk and responsibility that may arise from assembly operations carried out by third parties belongs to them.

ARTICLE 11 - CARGO DELIVERY AND DAMAGE ASSESSMENT

11.1. Before taking delivery of the product subject to the order, the BUYER is obligated to reasonably inspect its packaging and external appearance. In the event that there are signs of transport-related damage on the packaging such as crushing, tearing, breaking, opening, wetting, impact marks, missing parcels or the like, they are obligated to request a Damage Assessment Report from the cargo officer before taking delivery of the product and to notify the SELLER of the situation immediately.

11.2. In the event that the BUYER takes delivery of the product without having a Damage Assessment Report drawn up, despite it being clearly understood that there is transport-related damage on the packaging, the SELLER cannot be held responsible for claims that the product was damaged during transport. In this case, it is accepted as a presumption that the delivered product was delivered complete and undamaged by the cargo company.

11.3. For products that do not have any external damage on their packaging, defects or non-conformities claimed to arise from production must be notified in writing to the SELLER by the BUYER within three (3) business days from the delivery date, together with photograph and/or video records clearly showing the defect. In the event that a duly notification is not made within this period, it is accepted that the product was delivered complete and in accordance with the order and the contract. The mandatory rights of the consumer arising from the Law No. 6502 on the Protection of the Consumer are reserved.

11.4. In the event that the SELLER determines that the defect subject to the notification arises from production, it carries out the operations regarding free repair, re-production, price reduction in proportion to the defect, or the exercise of other legal optional rights within the scope of the relevant legislation. However, in the event that it is determined that the defect arises from the BUYER's incorrect dimensions, faulty design, incorrect technical data sharing, use contrary to the usage instructions, assembly error, or interventions made by third parties, the SELLER has no responsibility.

ARTICLE 12 - RIGHT OF WITHDRAWAL AND ORDER CANCELLATION

12.1. A significant portion of the products offered for sale through the Platform are produced custom to the BUYER only, based on the dimensions, design, material, color, model, technical specifications requested by the BUYER and/or the design information uploaded by the BUYER. These products, by their nature, fall within the scope of custom-made goods that cannot be sold to third parties or re-evaluated.

12.2. Pursuant to the Law No. 6502 on the Protection of the Consumer and subparagraph (c) of the first paragraph of Article 15 of the Regulation on Distance Contracts, the right of withdrawal cannot be exercised in contracts relating to goods prepared in line with the consumer's requests or personal needs. In this context, the BUYER accepts and declares in advance that there is no right of withdrawal for products ordered custom by the BUYER.

12.3. After the production process has started, it is not possible to cancel the order, make changes to the product, request a revision, or demand a refund. However, this provision does not eliminate the consumer's optional rights regarding defective goods arising from mandatory legislation.

12.4. Provided that production has not yet started, the BUYER's order cancellation request may be evaluated by the SELLER. In the event that the cancellation of the order is accepted, the payment transactions are concluded in accordance with the payment method used and the legislation in force. The SELLER is not responsible for the refund periods arising from payment institutions or banks.

ARTICLE 13 - WARRANTY, DEFECTIVE PRODUCT AND RETURN

13.1. The SELLER undertakes to produce the products in accordance with the technical specifications stated during the order.

13.2. The following situations cannot be interpreted as the product being production-faulty or defective and are not evaluated within the scope of defective goods:

a) Color tone, grain structure, knots, fiber direction, texture and pattern differences arising from the natural structure of the wood,

b) Natural expansion, shrinkage, working, surface differences and similar physical changes that may occur over time depending on ambient temperature, humidity level and usage conditions, due to the natural characteristics of wood and wood-based materials,

c) Appearance differences arising from the characteristic features of the natural materials used in production and that do not affect the intended use of the product,

c) Dimensional tolerances and cutting precision limits accepted within industry standards due to the technical characteristics of CNC production technology,

d) Production carried out in accordance with the dimensions, design, material, color, model or other technical specifications included in the Technical Approval File approved by the BUYER,

e) Production results arising from incorrect or incomplete dimensions, technical drawings, design files, 3D models, project data or other information and documents provided by the BUYER,

f) Damage and deformation arising from use of the product contrary to the user manual, assembly instructions or maintenance recommendations, incorrect assembly, negligence, impact, dropping, overloading, chemical substance use, or interventions carried out by third parties,

The matters specified in this article do not apply to defects that eliminate the intended use of the product or arise from a fundamental production error. Consumer rights arising from the Law No. 6502 on the Protection of the Consumer regarding defects arising from production are reserved.

13.3. In the event of a production error, incorrect dimensions, or the shipment of a product outside the order, the product is repaired, replaced or returned free of charge. The buyer must inspect the product within 3 business days after taking delivery and is obligated to report any problem, if any.

In disputes arising from the BUYER giving incorrect dimensions, uploading a faulty design, or from the information in the order they approved, the SELLER is not responsible.

ARTICLE 14 - RIGHTS AND OBLIGATIONS OF THE PARTIES

The SELLER is obligated to produce the order with care, to act in accordance with the legislation in force, and to carry out the necessary quality controls.

The BUYER is obligated to provide accurate information, share accurate dimensions, ensure that the files they upload are lawful, fulfill the payment obligation, and carry out the necessary checks during delivery.

ARTICLE 15 - LIMITATION OF THE SELLER'S LIABILITY

The SELLER is responsible for producing the order in accordance with the dimensions, design, model, material, color, technical specifications created and approved by the BUYER during the order, as well as the other information and documents provided by the BUYER.

Apart from this, the SELLER cannot be held responsible for direct or indirect damages arising from the following situations, unless it is at fault:

a) Incorrect, incomplete, unreadable or unsuitable-for-production technical drawings, design files, dimensions, 3D models or other digital content uploaded to the system by the BUYER,

b) Incorrect, incomplete or misleading information being given by the BUYER, or incorrect dimensions, material, color, model or other technical specifications being selected during the order,

c) Production results arising from the information and technical details included in the Technical Approval File approved by the BUYER,

c) The assembly of the product being carried out incorrectly by the BUYER or third parties,

d) The product being used contrary to the user manual, assembly instructions, maintenance recommendations or intended use,

e) The product being changed, repaired, disassembled by third parties or unauthorized interventions being made on it,

f) Changes arising from the natural characteristics of wood and wood-based materials, and the situations specified in Article 13.2 of this Contract,

g) Delays and disruptions arising from the cargo company, the transport process, or the incorrect notification of the delivery address,

h) Power outages, faults in the internet infrastructure, cyber attacks, telecommunication interruptions, or technical disruptions arising from third-party service providers,

i) Events developing outside the control of the parties constituting force majeure, such as earthquake, flood, fire, epidemic, war, terrorist incidents, strikes, lockouts, decisions of public authorities, import and export restrictions, extraordinary disruptions in the supply of raw materials, and the like.

15.2. The SELLER's liability, reserving the mandatory provisions of the legislation in force, is limited to foreseeable damages directly connected to its fault.

15.3. Reserving the cases of mandatory liability arising from legislation, the SELLER is not responsible for indirect damages, consequential damages, loss of profit, loss of production, loss of business, loss of data, loss of reputation, loss of expected earnings, or claims that may arise against third parties.

15.4. This article cannot be interpreted in a manner that would eliminate or limit the rights of the consumer arising from the Law No. 6502 on the Protection of the Consumer and other mandatory legislation provisions in the case of the SELLER's gross fault or intent.

ARTICLE 16 - WARRANTY DECLARATION

The products produced by the SELLER are covered by warranty against production and manufacturing errors under normal usage conditions for a period of 2 (two) years from the delivery date.

The warranty covers only defects and manufacturing errors arising from production; the following situations are not covered by the warranty:

- Use of the product contrary to the usage instructions,

- Use or storage of the product in humid, wet or outdoor conditions (balcony, terrace, garden, open areas, etc.),

- Damage occurring as a result of user error, impact, dropping, incorrect assembly, lack of maintenance, or interventions made by third parties,

- Damages arising from natural disasters, fire, flood, earthquake or similar external factors.

For production errors determined to be within the scope of the warranty, instead of replacing the entire product, only the part with the production error is replaced free of charge or a new part is supplied.

In the event that the customer has purchased the assembly service from WOODCODER, the assembly of the part to be replaced within the scope of the warranty is also carried out by WOODCODER. In the event that the assembly service has not been purchased, only the spare part within the scope of the warranty is sent to the customer free of charge; the assembly operation is the responsibility of the customer.

In order for a transaction to be carried out within the scope of the warranty, it is necessary that the fault is determined to arise from a production error as a result of the examination to be carried out by the SELLER.

ARTICLE 17 - PROTECTION OF PERSONAL DATA

The personal data shared by the Buyer during the order process is processed by tr.woodcoder.com solely within the scope of processing the order, its delivery, and legal obligations. Within the scope of the PDP Law, it is accepted that the Privacy Policy and the PDP Law Text located on the website https://tr.woodcoder.com have been examined.

This Contract, together with the Privacy Notice, Privacy Policy, Cookie Policy and Terms of Use, constitutes a whole.

ARTICLE 18 - FORCE MAJEURE

Natural disasters, earthquakes, fires, floods, epidemics, war, terrorism, strikes, lockouts, energy outages, general faults in the internet infrastructure, decisions of public authorities, import and export restrictions, extraordinary disruptions in raw material supply, and situations preventing logistics activities, developing outside the control of the parties, are considered force majeure.

As long as the force majeure continues, the obligations of the parties are suspended. In the event that the force majeure exceeds thirty (30) days, either party may terminate the contract.

ARTICLE 19 - RESOLUTION OF DISPUTES

In disputes that may arise from this Contract, within the framework of the monetary limits foreseen in the consumer legislation in force, the Consumer Arbitration Committees and Consumer Courts at the BUYER's place of residence or the place where the transaction was carried out are authorized.

In cases where the BUYER does not bear the title of consumer and the transaction is carried out for commercial or professional purposes, in disputes, the courts and enforcement offices of the place where the SELLER's headquarters is located are authorized.

ARTICLE 20 - ENTRY INTO FORCE

By completing their order through the Platform, the BUYER declares that they have read, understood, and electronically accepted all provisions of this Contract in its entirety.