This Distance Sales Agreement (“Agreement”), has been prepared to regulate the rights and obligations of the parties regarding the sale of goods, digital content, and/or services conducted through the HÛ NEFES website, in accordance with the Consumer Protection Law No. 6502, the Distance Contracts Regulation, and relevant legislation.
By completing their order, the buyer acknowledges that they have been informed in advance of the essential characteristics of the product or service being ordered, the sales price, the payment and delivery/performance terms, and, to the extent applicable, the right of withdrawal and the terms of use.
This Distance Sales Agreement sets forth the basic principles regarding consumer information, order placement, payment, delivery, cancellation, and return processes for distance sales conducted through HÛ NEFES.
1. The Parties
SELLER / SUPPLIER
First and Last Name: Hakime Salan
Company/Brand Name: HÛ NEFES
Address: Gazi Neighborhood, 503rd Street, No. 36, Ağrı / CENTER
Email: hello@hunefes.com
Phone: 05426647804
Website: https://hunefes.com
BUYER / CONSUMER
The first name, last name, address, contact information, and other required details consist of the information provided by the Buyer at the time of the order.
2. Subject Matter of the Distance Sales Contract
The subject matter of this Agreement is to define the rights and obligations of the parties regarding the sale and delivery/performance of the products, digital content, and/or services that the Buyer orders electronically through the HÛ NEFES website.
The type, quantity, key features, sales price, applicable taxes (if any), delivery or other additional costs, and payment details of the product or service covered by the order are listed in the order summary and the Pre-Contract Information Form and constitute an integral part of the Contract.
3. Key Characteristics of Products and Services
The key features of the product, digital content, or service being sold are specified on the relevant product page and during the ordering process.
In addition to physical products, HÛ NEFES offers PDFs, e-books, audio files, downloadable content, and similar digital products. The features, price, delivery or access method, and any specific terms of use applicable to each product or service are listed separately on the relevant product page.
4. Price and Payment
The sales price of a product or service is the amount displayed on the website and in the order summary at the time the order is placed.
Taxes and any delivery, shipping, or other additional charges that the consumer is required to pay are displayed to the Buyer before payment is completed.
The customer makes the payment using one of the payment methods offered on the website. If the payment transaction is not successfully completed, the order may not be considered finalized.
5. Delivery of Physical Products
Physical products are shipped to the delivery address specified by the Buyer at the time of order.
Delivery times may vary depending on the nature of the product, stock availability, the delivery address, and the selected shipping method. Unless the parties have agreed otherwise, products will be delivered within the timeframes specified in the relevant legislation.
The Seller is liable for any loss or damage that may occur until the product is delivered, in accordance with the provisions of the applicable laws and regulations.
If it becomes apparent that the goods or services ordered cannot be provided, the consumer will be notified in accordance with the law, and any amounts collected will be refunded within the legally prescribed timeframe.
6. Delivery and Access to Digital Products
Depending on the nature of the product, digital products may be made available for download electronically, assigned to the Buyer’s account, or made accessible to the Buyer via electronic communication once the payment transaction is completed.
The internet connection, device, software, or technical requirements that may be necessary to use a digital product may vary depending on the nature of the product.
The buyer is required to review any information regarding usage, device or software compatibility, and technical requirements for digital products before completing the purchase.
7. Right of Withdrawal
In distance contracts where the right of withdrawal is not excluded, the Buyer has the right to withdraw from the contract within fourteen days, without providing any reason and without paying a penalty, in accordance with the conditions set forth in the relevant legislation.
In sales of goods, the right of withdrawal generally begins on the date the Buyer or a third party designated by the Buyer takes delivery of the goods; in service contracts, it begins on the date the contract is concluded.
The buyer may exercise the right of withdrawal even before the goods are delivered.
In order to exercise the right of withdrawal, the notice of withdrawal must be submitted to the Seller in writing or via a durable medium recognized by law within the specified timeframe.
8. Right of Withdrawal for Digital Products
The right of withdrawal for digital products may vary depending on the method of delivery and performance of the product.
Contracts for services performed immediately in an electronic environment and for intangible digital content delivered immediately to the consumer may be subject to exceptions to the right of withdrawal under the conditions specified in the relevant legislation.
For this reason, whether the right of withdrawal applies to digital content such as PDFs, e-books, downloadable audio files, and similar items is determined based on the method of delivery or performance of the product and the relevant legal provisions.
In cases where there is no right of withdrawal or where it is forfeited under certain conditions, the consumer is specifically informed of this before completing the order.
9. Other Exceptions to the Right of Withdrawal
This is without prejudice to other cases in which the right of withdrawal cannot be exercised in accordance with applicable law.
Among these, provided that the conditions specified in the regulations are met: products customized to the consumer’s specifications or personal needs, perishable goods, products whose protective packaging has been opened after delivery and whose return is not appropriate for health or hygiene reasons, as well as other goods, services, and digital content excluded from the right of withdrawal under the relevant legislation.
Whether a right of withdrawal applies to a particular product is determined based on the nature of the product and the relevant legislation.
10. Notice of Withdrawal and Return Process
In cases where the Buyer wishes to exercise the right of withdrawal, the Buyer may notify the Seller of the decision to withdraw via the following communication channel:
Email: hello@hunefes.com
The buyer is obligated to return the goods subject to the right of withdrawal within the time period specified by law.
Information regarding the product to be returned and the return method may be separately communicated to the consumer during the ordering and return process.
Refunds required when the right of withdrawal is exercised in accordance with the proper procedure shall be made in accordance with the timeframes and methods set forth in the relevant legislation.
11. Refund
If the right of withdrawal or any other right to a refund arising from the applicable laws is exercised in accordance with the prescribed procedures, the refund will be processed within the timeframe specified in the relevant legislation.
Unless otherwise provided by law, refunds shall be made using the same payment method the Buyer used at the time of purchase, without imposing any additional costs on the consumer.
For detailed information on return and refund terms, please review the HÛ NEFES Refund and Return Policy.
12. Defective Goods or Services
In the event that the delivered product or provided service is defective, the Buyer reserves the rights arising from the Law No. 6502 on the Protection of Consumers and related legislation.
No provision of this Agreement may be interpreted in a manner that would eliminate or limit the consumer’s rights arising from mandatory legislation.
13. Intellectual Property and the Use of Digital Content
Digital content provided by HÛ NEFES, the intellectual property rights to which belong to HÛ NEFES or the relevant rights holder, may be used only in accordance with the law and the terms of use specified at the time of purchase, unless otherwise expressly stated.
The purchase does not imply that the copyright or other intellectual property rights in the relevant content are transferred to the Buyer.
The unauthorized reproduction, distribution, resale, or unlawful transfer of this content to third parties is prohibited.
14. Protection of Personal Data
Personal data collected in connection with orders and sales transactions is processed in accordance with applicable data protection laws and the HÛ NEFES Privacy Policy.
For detailed information about the processing and storage of personal data and the rights of data subjects, please review our Privacy Policy.
15. Resolution of Disputes
In the event of any consumer disputes arising from this Agreement, claims may be filed with the competent Consumer Arbitration Boards and Consumer Courts in accordance with applicable laws.
The consumer’s other rights to file complaints and bring legal action under applicable law remain reserved.
For detailed information on distance contracts and consumer rights, please review the “Information on Distance Contracts” page published by the Ministry of Trade of the Republic of Turkey.
16. Effective Date
This Distance Sales Agreement enters into effect upon the Buyer’s electronic confirmation of the order and the formation of the agreement.
The Buyer acknowledges that they have the opportunity to review the Pre-Contract Information Form and this Distance Sales Agreement before completing their order.
This Agreement does not eliminate or limit the consumer’s mandatory rights arising from applicable law.
The Distance Sales Agreement is evaluated in conjunction with the Pre-Contract Information Form relating to the order and the information provided to the consumer at the time of the order.