Sales Distance Contract

1.PARTIES.

This contract is signed between the following parties on the following terms and conditions.

BUYER; (hereinafter in the contract referred to as ‘BUYER’)

NAME:

ADDRESS:

‘SELLER’; (hereinafter in the contract referred to as ‘SELLER’)

NAME: Nicky Akademi Dijital Kitap Yayıncılık A.Ş.

ADDRESS: Sultan Selim Mah. Eski Büyükdere Cad. Sayı: 61 İç Kapı No: 2 Kağıthane İstanbul/ Türkiye

By accepting this contract, the BUYER agrees in advance that if he/she approves the order which is the subject of the contract, he/she will be obliged to pay the price which is the subject of the order and additional charges, if any, such as delivery costs, tax, and that he/she has been informed thereof.

2.DEFINITIONS.

In applying and interpreting this Agreement, the following terms shall have the written explanations opposite them.

MINISTER: The Minister of Customs and Trade,

MINISTRY: The Ministry of Customs and Trade,

LAW : Law No. 6502 on consumer protection,

REGULAMENT : Regulation on distance contracts (OG: 27.11.2014/29188)

SERVICE : The subject matter of all types of consumer transactions, other than the provision of goods, made or committed to be made in exchange for remuneration or benefit,

SELLER : A company that offers goods to a consumer as part of its business or professional activities or acts for or on behalf of a consumer,

BUYER : A person or entity that acquires, uses or benefits from a product or service for commercial or non-professional purposes,

SITE: The SELLER’s website,

CUSTOMER : A person or entity who requests a product or service through the SELLER’s website,

PARTIES : SELLER and BUYER,

CONTRACT : Contract between SELLER and BUYER,

GOODS : Refers to movable goods to be purchased as well as software, audio, video and similar intangible goods prepared for use on electronic media.

3.SUBJECT.

This Agreement governs the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on Consumer Protection and the Distance Contracts Regulation regarding the sale and delivery of the goods, the qualifications and selling price of which are indicated below, which the BUYER has ordered electronically through the SELLER’s website.

The prices indicated and announced on the website are the selling price. Advertised prices and promises are valid until they are updated and changed. Prices announced for a specific period of time are valid until the end of the said period.

4. SELLER INFORMATION

Name: Nicky Akademi Dijital Kitap Yayıncılık A.Ş. Address: Sultan Selim Mah. Eski Büyükdere Cad. Sayı: 61 İç Kapı No: 2 Kağıthane İstanbul/ Türkiye

Tel: (+90)-534-352-0761

E-mail: [email protected]

5. BUYER INFORMATION

Recipient’s name

Recipient’s address

Recipient’s phone number

Recipient’s email/username

6. INFORMATION ABOUT THE PERSON PLACING THE ORDER

Recipient’s name

Recipient’s address

Recipient’s phone number

Recipient’s email/username

7. PRODUCT(S) SUBJECT OF THE CONTRACT

7.1 The main characteristics (type, quantity, make/model, colour, quantity) of the Goods/Products/Services are published on the SELLER’s website. In case the SELLER organises a promotion, you can familiarise yourself with the main characteristics of the respective product during the promotion period. Valid until the date of the promotion.

7.2 The prices stated and announced on the website are the selling price. Announced prices and promises are valid until they are updated and changed. Prices advertised for a specific period of time are valid until the end of the specified period.

7.3 The following is the selling price of the goods or services that are the subject of the contract, including all taxes.

Description of goods

Quantity

Price per unit

Total (including VAT)

Training material

Order Quantity

Price per unit

Order total

Delivery amount

Free of charge

Free Free Free Free

Total

Total basket amount

7.4 The cost of delivery, which is the cost of forwarding the goods, shall be paid by the BUYER.

8. INVOICE INFORMATION

Name: Nicky Akademi Dijital Kitap Yayıncılık A.Ş. Address: Sultan Selim Mah. Eski Büyükdere Cad. Sayı: 61 İç Kapı No: 2 Kağıthane İstanbul/ Türkiye

Tel: (+90)-534-352-0761

E-mail: [email protected]

9. GENERAL PROVISIONS

9.1 The BUYER accepts, declares and undertakes that he/she has read the preliminary information on the main characteristics of the goods subject of the contract, the selling price, the method of payment and delivery on the SELLER’s website and that he/she has given the necessary confirmation electronically. The BUYER, by confirming the preliminary information electronically, prior to the conclusion of the distance selling contract, the address to be provided by the SELLER to the BUYER, the main characteristics of the ordered goods, the price of the goods including taxes, payment and delivery information, also accepts, declares and undertakes that he/she has received correct and complete information.

9.2 Each item that is the subject of the contract is either delivered on the online platform itself on the Seller’s website or is delivered to the BUYER or to a person and/or organisation at the address indicated by the BUYER within the period specified in the advance information section of the website, depending on the remoteness of the BUYER’s locality, provided that it does not exceed the statutory 30-day period. If the goods cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.

9.3 SELLER accepts, declares and undertakes to deliver the goods which are the subject of the Contract in full, in accordance with the qualifications specified in the order and, if any, with the warranty documents, user manuals, information and documents necessary for the performance of the work, to perform the work within the framework of the principles of accuracy and honesty, to maintain and improve the quality of service, to exercise the necessary attention and care in the performance of the work, to act cautiously and prudently.

9.4 SELLER may deliver other goods of equal quality and price by informing BUYER and obtaining BUYER’s express consent prior to the expiry of the contractual performance period.

9.5 The SELLER accepts, declares and undertakes that in case of impossibility to fulfil the obligations under the contract in case of impossibility to perform the goods or services that are the subject of the order, he/she will notify the consumer in writing within 3 days from the moment he/she became aware of this situation and will refund the BUYER the full price within 14 days.

9.6 The BUYER accepts, declares and undertakes that he/she will confirm this Contract electronically for the delivery of the goods which are the subject of the Contract and if for any reason the price of the goods which are the subject of the Contract is not paid and/or cancelled in the bank documents, the SELLER’s obligation to deliver the goods which are the subject of the Contract will be terminated.

9.7. The BUYER accepts, declares and undertakes that if the price of the goods subject of the contract is not paid to SELLER by the respective bank or financial institution as a result of misuse of a credit card belonging to the BUYER by unauthorised persons after delivery of the goods subject of the contract to the BUYER or to the person and/or institution at the address indicated by the BUYER, the BUYER is obliged to return the goods subject of the contract to SELLER within 3 days at the expense of SELLER.

9.8 The SELLER accepts, declares and undertakes to notify the BUYER if the SELLER is unable to deliver the goods which are the subject of the contract on time due to force majeure, such as force majeure circumstances, such as the occurrence of force majeure, developing beyond the will of the parties, unforeseeable in advance and preventing and/or delaying the fulfilment of the parties’ obligations. The BUYER is also entitled to request the SELLER to cancel the order, to replace the goods which are the subject of the contract with the goods which precede it, if any, and/or to postpone the delivery date until the preventive situation is eliminated. In case of cancellation of the order by the BUYER, the amount of the goods shall be paid to the BUYER in cash and in cash within 14 days for payments made by the BUYER in cash. If the BUYER pays by credit card, the amount of the goods shall be refunded to the respective bank within 14 days after cancellation of the order by the BUYER. The BUYER accepts, declares and undertakes that on average it may take from 2 to 3 weeks for the bank to reflect the amount returned by the SELLER on the credit card to the BUYER’s account, and that the reflection of this amount in the BUYER’s accounts after the return of this amount to the bank is entirely related to the banking process, and that the BUYER cannot hold the SELLER responsible for possible delays.

9.9 SELLER is entitled to contact the BUYER for communication, marketing, notification and other purposes by letter, e-mail, SMS, phone call and other means at the address, e-mail address, fixed and mobile phone lines and other contact information provided by the BUYER in the registration form on the website or subsequently updated by the BUYER. By accepting this contract, the BUYER agrees and declares that the SELLER may carry out the above communication activities for him/her.

9.10. BUYER is obliged to inspect the goods/services subject of the contract before receiving them; dented, broken, torn packaging, etc. damaged and defective goods/services will not be accepted from the freight company. Delivered goods/services will be accepted in undamaged and undamaged condition. It is the responsibility of the BUYER to carefully protect the goods/service after delivery. If the right of cancellation is to be exercised, the goods/service must not be used. The invoice must be returned.

9.11. If the BUYER and the holder of the credit card used in placing the order are not the same person or if a security vulnerability is detected in the credit card used in placing the order before the goods are delivered to the BUYER, the SELLER may request the BUYER to provide the identity and contact details of the credit card holder, the previous month’s statement of the credit card used in placing the order or a letter from the card holder’s bank stating that the credit card belongs to him/her. The order will be frozen until the BUYER provides the information/documents requested and if the above requests are not fulfilled within 24 hours, the SELLER has the right to cancel the order.

9.12. BUYER declares and undertakes that the personal and other information provided by SELLER when registering on SELLER’s website is true and that SELLER will reimburse all damages that SELLER may incur due to the untruthfulness of this information immediately, in cash and in full upon first notification to SELLER.

9.13. The BUYER accepts and undertakes from the outset to comply with the provisions of legal legislation and not to violate them when using the SELLER’s website. Otherwise, all possible legal and criminal liabilities will be fully and exclusively borne by the BUYER.

9.14. The BUYER may not use the SELLER’s website in any way that violates public order, violates public morals, disturbs and harasses other people, for a purpose contrary to the law, violates the material and moral rights of other people. In addition, the member may not engage in activities (spam, virus, Trojan horse, etc.) that prevent or hinder others from using the services.

9.15 The SELLER’s website may contain links to other websites and/or other materials that are not under the SELLER’s own control and/or owned and/or operated by other third parties. These links are provided to facilitate the orientation of the BUYER and do not endorse any site or person operating that site, nor are they a guarantee of the information contained in the linked site.

9.16. The Participant who violates one or more of the articles listed in this contract shall be personally criminally and legally liable for that violation and agrees to hold the SELLER harmless from the legal and criminal consequences of those violations. In addition; Due to this breach, if the incident is brought to legal attention, SELLER reserves the right to seek compensation from the member for non-compliance with the membership contract.

10. RIGHT OF CANCELLATION

10.1. BUYER; If the distance contract involves the sale of goods, the BUYER may exercise the right to withdraw from the contract by withdrawing from the goods within 14 (fourteen) days from the date of delivery of the goods to him or to a person/organisation at the address indicated by him, subject to notification of the SELLER, without any legal or criminal liability and without any justification. In remote service contracts, this period shall be calculated from the date of signing the contract. Until the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in service contracts where the performance of the service begins with the consent of the consumer. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this contract, the BUYER agrees in advance that he has been informed of the right of cancellation.

10.2 In order to exercise the right of withdrawal, written notice must be given to the SELLER by registered letter, fax or e-mail within 14 (fourteen) days and the goods must not be used within the ‘Goods that cannot be used for the right of withdrawal’ provisions stipulated in this contract. If this right is used,

a) Delivery note for goods transferred to a 3rd party or BUYER, (If the return invoice is corporate, it must be sent with the return invoice issued by the institution at the time of return. The return of an order invoiced on behalf of the institution will not be completed unless a return invoice is issued).

b) Return Form,

c) Returned goods must be delivered complete and undamaged along with box, packaging, standard accessories, if any.

d) The SELLER is obliged to return to the BUYER the full value of the goods and the documents on the basis of which the BUYER is in arrears, within no later than 10 days from the date of receipt of the notice of cancellation of the goods and return the goods within 20 days.

e) If the value of the goods decreases due to the BUYER’s fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER’s losses in proportion to his fault. However, the BUYER shall not be liable for changes and deteriorations resulting from the proper use of the goods or products within the scope of the right of withdrawal.

f) In the event that the campaign limit amount issued by the SELLER becomes lower than the campaign limit amount due to the use of the right of recall, the discount amount used in the campaign shall be cancelled.

11. GOODS THAT CANNOT BE USED, RIGHT OF WITHDRAWAL

Undergarments, swimwear and bikini bottoms, make-up materials, disposable products, goods that may spoil quickly or with a possible expiry date, goods that are not suitable for health and hygiene, returnable if the packaging is opened by the BUYER after delivery to the BUYER, goods that are mixed with other goods after delivery and cannot be separated by their nature, except those provided as part of a subscription contract, goods relating to periodicals such as newspapers and the Further, before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in respect of services which have commenced with the consent of the consumer in accordance with the Rules.

Cosmetics and personal care products, underwear, swimwear, bikinis, books, copied software and programmes, DVDs, VCDs, CDs and cassettes, and consumable office supplies (toner, cartridges, ribbons, etc.) must be unopened, untested, undamaged and unused to be returned.

12. DEFAULT AND LEGAL CONSEQUENCES

The BUYER accepts, declares and undertakes that in the event of his/her default in making payment transactions with the credit card, he/she will pay interest under the credit card agreement between the cardholder bank and the bank and will be liable to the bank. In this case, the bank concerned may resort to legal remedies; may require the BUYER to reimburse the costs and attorney’s fees, and in any case, if the BUYER defaults in connection with the BUYER’s debt, the BUYER accepts, declares and undertakes that the BUYER will pay the losses and damages incurred by the SELLER due to the late performance of the debt.

13. COMPETENT COURT

In disputes arising from this contract, complaints and objections shall be filed with the Consumer Arbitration Committee or the Consumer Court at the consumer’s place of residence or place of consumer transaction within the monetary limits specified in the following law. Information on monetary limits is provided below:

Effective from 28/05/2014:

(a) Pursuant to Article 68 of Law No. 6502 on Consumer Protection, District Consumer Arbitration Committees in disputes of less than 2,000.00 (two thousand) TL,

b) Provincial Consumer Arbitration Committees in disputes of less than 3,000.00 (three thousand) TL,

c) In provinces with metropolitan status, applications shall be made to Provincial Consumer Arbitration Committees for disputes between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL.

This Agreement is entered into for commercial purposes.

14. OBLIGATION.

The BUYER shall be deemed to have accepted all the terms and conditions of this agreement when he/she makes payment for the order placed through the Site. The SELLER undertakes to provide the necessary software to obtain confirmation that this agreement has been read and accepted by the BUYER on the Site prior to placing the order.