1- INTRODUCTION

This document (together with all the other documents mentioned below) defines the terms and conditions of using the website and purchasing products through this website (hereinafter referred to as “Terms”). Customers are expected to read the Terms, our Cookie Policy and our Privacy Policy (together referred to as “Cookies and Privacy Policy”) before using the website. Using this website or placing an order via the website means that you, as our valuable customers, have accepted, declared and undertaken to give express consent for adhering to these Terms, Cookies and Privacy Policy. Customers should not use the website unless they have accepted all Terms, and Cookies and Privacy Policy. These Terms and Cookies and Privacy Policy are subject to changes. It is the customer’s responsibility to regularly read them and when customers use the website or create an agreement (as described below) the “Terms and Cookies and Privacy Policy” currently in effect shall be applicable to the customers.

2- OUR DETAILS

The sales performed through this website are made by the Turkish company XCLUSİVE STORE İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ (Company), located at “Maslak Mah. Maslak Meydan Sok. Beybi Giz Plaza A Blok No: 1/99 Kat: 26-27 Sarıyer/İstanbul”, registered in Maslak Tax Office with taxpayer’s number 8331209323. The Company can be reached through the phone number 05421223267

3- YOUR DETAILS IN THE WEBSITE AND YOUR VISITS

Customers must share their personal data for purchasing the product of their choice. The information or the personal data you share with the Company is processed according to the Privacy Policy. By using the website, customers confirm that all information shared with the Company is true and correct and give consent to the processing of this information and personal data. When customers explicitly declare their interest in the Company, the latter can inform the customers about the newest collections, catalogues, campaigns and special offers by way of mail, e-mail and/or SMS.

4- USING THE WEBSITE

By using the website and/or placing an order through the website, customers agree, declare and undertake;

a)To use the website only for legitimate demands or orders,

b)Not to place unrealistic, false or fake orders; when the Company reasonably thinks that such an order has been placed, the Company has the right to cancel the order and submit information about the matter to the relevant authorities,

c)To provide the Company correct and current e-mail, mail and/or other contact information and that when necessary the Company may use this information to establish contact with customers. In cases where customers fail to provide the Company all of the information that is needed to complete the order, the Company may choose not to complete the order. By placing orders through the website, customers agree that they are at least 18 years old and that they have the mental capacity and legal capability of making a contract.

5- AVAILABILITY OF SERVICES

The products offered in this website are available for delivery within and outside the Republic of Türkiye. However, product delivery to overseas locations is not governed by the same deadline terms that apply to the delivery of products within the country.

6- DRAWING UP DISTANT SALES CONTRACTS

Customers must follow the online purchasing procedure to place an order and click the “Confirm the Payment” button. After this, customers receive an e-mail which confirms that the order has been received (Order Confirmation). A further e-mail informs customers that the order has been accepted and the process of delivery has started (Delivery Confirmation). An agreement is considered to be established only when this confirmation by the Company arrives at customers’ mailbox.

7- AVAILABILITY OF PRODUCTS

All orders depend on the availability in stocks. In case of supply problems or when the product is not available in the stocks, the Company reserves its right to inform the customer about similar substitute products or products in various categories with different prices that can be ordered. If the customer does not choose to order these substitute products, the Company returns to the customer the price paid for such unwanted substitute product.

8- REJECTION OF AN ORDER

www.terralope.com always reserves its right to withdraw any product from its website and/or remove or correct any material or content from the website. The Company makes all reasonable efforts to process all orders that it has received; however, it always reserves the right to reject to process or confirm an order if extraordinary circumstances occur after an order has been received or the customer has been sent an “Order Confirmation”. The Company may not be held responsible against the customer or any third party for withdrawing any product from its website, removing or correcting any material or content from the website or rejecting to process or confirm an order after such order has been received or the customer has been sent an “Order Confirmation”.

9- DELIVERY

Depending on the availability in stocks (see item 7 above) and unless extraordinary circumstances are involved, the Company delivers the product orders listed in the Delivery Confirmation to the courier within 3 days for domestic orders and within 3-7 workdays for the deliveries abroad. Domestic deliveries are carried out by “Yurtiçi Kargo” and overseas deliveries by “DHL” company; therefore, the ordered products are delivered in all cases within 30 (thirty) days at the latest, depending on the regional delivery periods of these companies. If product supply is delayed due to reasons which are beyond the Company’s control, the Company informs the customer about the situation in the shortest time possible and takes actions to minimize the effects of the delay. The Company may not be held responsible for the delays that happen for reasons beyond its control. However, when the risk of a significant delay in involved, the customer can contact the Company to terminate the contract and the price paid for these undelivered products is returned to the customer.

10- FAILURE OF DELIVERY

Product/s are returned to the warehouse if the delivery has failed. In cases of delivery failure, the customer is informed about where the ordered product is and how the delivery can be prepared again. If customers cannot be present at the delivery address at the agreed time, they should contact the Company’s contracted courier to rearrange the delivery on another convenient date. If the ordered product is taken to the delivery address but cannot be delivered due to reasons not related to the Company and the customer fails to contact the Company or the Company’s contracted courier for delivery within the following fifteen (15) days, the contract can be terminated on the grounds that the customer has violated the contract. As a result of such termination of contract, the Company shall return all payments received from the customer, including the delivery costs (except for additional expenses arising out of the delivery method requested by the customer which is different from the usual delivery procedure of the Company), without any unreasonable delay and in all cases within fourteen (14) days after the termination of this contract. The customer agrees that the shipping procedure resulting from the termination of contract can incur additional costs and that the Company has the right to charge this cost to the customer; and the Company reserves the right to deduct this cost from the money to be returned to the customer and any other rights in relation to such cost.

11- RISK AND TITLE

As long as the customer agrees with the delivery to be made by the Company’s contracted courier/cargo company, all risk and title in relation to the products shall be under the Company’s responsibility until the time of delivery. Property of the products is transferred to the customer the moment the said product is delivered to the customer or the person who is present at the delivery address.

12- PRICE AND PAYMENT

The price of products is as stated in the website. The Company makes all efforts to make sure that all prices in the website are correct; however, mistakes may still happen. In case the price of a product ordered by customers is found to be incorrect, the Company informs the customers in the shortest time possible and offers them the options of confirming the order with the correct price or canceling the order. If the Company cannot establish contact with customers, the order is considered as canceled and the payment made for the products is returned to the customers. If the pricing error is obvious and certain and it is easy to understand that the product price written in the website is clearly incorrect, the Company shall not be responsible for completing the product sale to the customers (even after the delivery confirmation has been sent) over the wrong price (lower than the normal rate). The prices in the website include VAT and taxes, but exclude delivery fees which shall then be added to the total amount to calculate the total price of the order. The prices can be changed at any time, but (except for the case written above) once an “Order Confirmation” has been sent to the customer, the orders shall not be affected by price changes. Therefore (except for the case written above), readjustment of the prices in relation to the previous orders is not allowed. When customers complete the shopping, all products that they want to purchase are added to the cart and the next step is for completing the order and making payment. For doing this, customer should follow the steps of the purchasing process, provide or confirm the information requested in every step. Also customers are free to make changes in the order details during the purchasing process and before making payment. Payments are made using the payment methods described in the website. The payment shall be collected by the Company the moment the order is confirmed. By clicking the “Payment Confirmation” button, customers are considered to have endorsed and confirmed that they are the owners of the credit card or debit card used. Customers can change the details of the order during the purchasing process and before making payment. You have to choose a payment method before placing the order. The order shall be deemed placed when the button for giving payment confirmation for the order is clicked and, once having placed the order, you shall be responsible for the payment. Payment can be made using the payment tools shown on the webpage, credit card and debit card.

13- INVOICE

An invoice is issued and sent to the customer together with the delivered products at the latest. The Company reserves its right to apply other methods of invoicing in compliance with e-invoice/e-archive legislation.

14- PURCHASING WITHOUT SUBSCRIPTION

The website also offers the option of purchasing products without subscription. In this kind of purchasing, customers are asked to provide only the information which is needed for processing the order. When customers complete the purchasing process, they are offered the options of subscribing as a user or continuing as a user without subscription.

15- VALUE ADDED TAX

Pursuant to the provisions of the legislation in effect, all sales transactions performed using the website are subject to Value Added Tax (VAT), except for the applicable final exemptions subject to the customer’s consent.

16- RETURN POLICY

16-1) Legal Right of Withdrawal

Customers have the right of withdrawal within fourteen (14) days after the contract has been drawn up without stating a reason and paying a penalty. (Except for the contracts which are drawn up for the group of products for which the right of withdrawal cannot be used as stated in article 16.3 below). The purchased products can be returned via Yurtiçi Kargo within the boundaries of the Republic of Türkiye and via DHL if from overseas. The period of withdrawal ends fourteen (14) days after the customer or a third person appointed by the customer (other than the courier) takes over the ownership of products or, in cases where more than one product are delivered separately under a single order, fourteen (14) days after the customer or a third person appointed by the customer (other than the courier) takes over the ownership of the last product. In order to exercise this right of withdrawal, customers must inform the Company about their wish to use the right of withdrawal and the decision to terminate the contract either by sending written notice or by using the other means offered via the website. Customers can send the Company a signed copy of the relevant document using the channels stated in www.terralope.com webpage. For using the right of withdrawal during the allowed period, it shall suffice for customers to inform the Company before the deadline that they wish to exercise the right of withdrawal. When using the right of withdrawal, the product can be returned by delivering it to the cargo company within ten (10) days after the notification date of the right of withdrawal and in accordance with article 16.3 of this contract. In case of any questions, customers can contact the Company by sending a message using the contact form in the website. Repayment is made without delay within a period of fourteen (14) days after the notification date of the right of withdrawal. Regardless of the return method preferred by the customer, if the product is returned by a cargo company which is different from the Company’s contracted courier, the extra costs incurred by the Company shall not be included in the amount to be reimbursed to the customer. After the delivery of your order; if you wish to use your legal or contractual right of withdrawal and you do not prefer one of the return options offered by the Company (other than the courier specified by the Company); and if customers organize by themselves the transfer of the products to be returned and send the products using the courier of their choice, they bear sole responsibility for any damage and risk that may occur during such return process for reasons not attributable to the Company and the latter may not be held responsible in any way. In addition, when using one of the return options offered by the Company, please be informed that you shall be responsible for the content of the return package. Please also be informed that if the return package involves a defect not attributable to the Company, the package shall be returned to you and you shall be held responsible for the relevant costs. In any case, nothing in this clause shall affect your legal rights. As a result of using the right of withdrawal, if the customer terminates the contract, and except for the contrary cases defined in article 16.3, the Company returns the customer all payments but the delivery expenses received from the same (on the condition that any additional costs shall be covered by the customer when choosing a delivery method other than the lowest-cost standard delivery method offered by the Company). The Company makes the reimbursement using the same payment method which is preferred by the customer during the purchase. Customers should return the product to the Company without delay and within a period of ten (10) days after the notification date of the right of withdrawal, using the courier company specified by the Company. Customers should return the products before the expiration of this ten (10) day period. Customers shall only be held responsible for any depreciation which is beyond any control that is necessary for the nature, features and functioning of the product.

16-2) Contractual Right of Withdrawal

Apart from the legal right of withdrawal stated in article 16.1 above, customers have the right to return the products within thirty (30) days after the order has been sent and without stating any reason (except for the products mentioned in 16.3). When returning products under the contractual right of withdrawal, without prejudice to the cases where the products are returned by the cargo company specified by the Company, any expenses incurred during the return of the product shall be covered by customers. Customers may use their contractual right of withdrawal in line with the method described in article 16.1 above. However, customers must inform the Company about their use of the right of withdrawal until the end of the relevant period and in any case must return the products within a period of thirty (30) days starting from the date of order delivery. Repayment shall be made without delay and within a period of fourteen (14) days after the products which are subject to the right of withdrawal have arrived at the Company and gone through an examination. The Company makes the reimbursement using the same payment method which is preferred by the customer during the purchase. If, as a result of the examination by the Company, a product which was returned with an alleged defect is found not be actually defective or if the returned product is found to be damaged by the customer, no repayment shall be made and the justification shall be reported to the customer. This contractual right of withdrawal does not affect the legal right of withdrawal.

16-3) General Provisions

(Exceptions to the right of withdrawal, applicable to both legal and contractual rights of withdrawal): Customers may not use the right of withdrawal in contracts related to the delivery of any one of the following products:

1. Contracts for the goods that are specially prepared according to the demands and personal needs of the customer.
2. With respect to the goods that are unpacked after delivery, removing such protective elements as packaging, band, seal, box; contracts for the goods which are not returnable for reasons of health and hygiene (underwear, swimsuit, bikini, etc.).

After the delivery, customers may check the goods by hand to see their condition, features and functions. If such examination performed by customers goes beyond an acceptable and reasonable limit and the products get damaged or depreciated, the Company may deduct this difference from the repayment to customers during the use of the right of withdrawal or customers may be asked to pay the Company an amount which is equivalent to the depreciation. Customers must return the products to the Company together with the original packages, instructions and other documents. In all cases, when returning the product, customers must also include the invoice received at the time of product delivery or the relevant documents as required by the e-invoice/e-archive legislation. Brief information about how to exercise the right of withdrawal shall be sent to the customer at the time the customer order is received.

RETURN PROCESS

When a product is to be returned via the Company’s contracted courier, customers must contact the Company using the form published in the website so that the product return process can be organized. Pursuant to the instructions written in the “RETURN PROCESS” section of the website, customers must return the product in its original package. In case of making a purchase without subscription, a request can be sent for returning the product via courier by using the contact form in www.terralope.com website. None of the options mentioned above generates an additional fee for customers. If customers prefer not to use any of the available return methods, they have to pay the costs of returning. If they want to return the products to the Company using the collect-on-delivery method, they may be responsible for the associated costs. After examining the products, the Company shall inform the customers whether they have the right to receive back the amounts they had already paid. Repayment is made if the right of withdrawal has been used in the legal period and all products included in the relevant package have been returned. Repayment is made in the shortest time possible and in all cases within a period of fourteen (14) days after the products which are subject to the right of withdrawal have arrived at the Company and gone through an examination. Repayment is made using the same payment method with which the purchasing was done. The risk of returning the products to the Company in the manner defined above rests with the customer.

16-4) Returning defective products

In addition to the legal rights of the customer with respect to defective products, the Company also offers the contractual right described below. In cases where customers think at the time of delivery that the product is not in conformance with the contract, they should immediately contact the Company with reference to the product damage. Customers should return the product together with the invoice given on delivery, using the courier specified by the Company. The Company shall conduct a detailed examination of the returned product and send the customer an e-mail notification within a reasonable period of time, stating whether the product shall be replaced or a repayment (if any) shall be made. The usual practice is that repayment or product replacement is made in the shortest time possible and in all cases within fourteen (14) days of the date of e-mail notification with which the Company had informed the customer that the defective product shall be replaced or that the customer is entitled for repayment. If a product which was returned for reason of defect is found to be defective, the customer is repaid all amounts related to the product, including the delivery cost paid when sending the product to the customer and the costs that were incurred by the customer when sending the product back. Repayment of the money collected from the customer is always made to the credit card used by the customer for such payment. This clause shall not prejudice your legal rights.

17- RESPONSIBILITY AND WAIVER

The Company is responsible against the customer for any foreseeable loss and damage caused by its own actions. In case of violation of these terms, the Company becomes responsible for the loss and damage incurred by the customer as a foreseeable result of violating the contract or as a result of the failure to exercise reasonable care and skills; however, the Company may not be held responsible for any unforeseeable loss and damage. If the occurrence of loss or damage is obvious or both the Company and the customer already know that it may happen at the time of making the contract, for instance if the customer had talked about it with the company during the sales process, the loss or damage shall be deemed foreseeable. The Company shall not be held responsible for commercial losses. The Company offers products only for individuals and for personal use. If customers use the products for any commercial business or for reselling purposes, the company shall not be responsible against customers for any loss of revenue, loss of business, business interruption or loss of business opportunity and customers agree, declare and undertake that they shall not held the Company responsible for their commercial losses. With regard to this website and to the potential of making errors when storing and transferring the digital information, the Company makes no guarantees as to accuracy and reliability of the information transferred by or obtained from the website, unless expressly stated in the website. Offering products to the customer which conform with the contract is the contractual responsibility of the Company. However, without prejudice to this responsibility and to the extent permitted by the laws, all product descriptions, information and materials published in this website are “as is” and do not involve any explicit, implicit or consequent guarantee. When you draw up a contract as the customer, the company becomes responsible for ensuring that, according to its legal obligations, the products to be sent to the customer are as follows:

(i) the products are in conformance with the descriptions given by the Company and have the features that are specified in the website,

(ii) the products are fit for the intended purposes of similar products and

(iii) the products have the quality and performance that products of similar kind normally have and that can be reasonably expected from them.

The Company guarantees that any product purchased by customers from this website has satisfactory quality and is reasonably fit for all the purposes which products of similar kind generally serve. The Company is not responsible for giving any other explicit or implicit guarantee concerning the products in the website to the broadest extent permitted by laws, but except for those which are legally excluded with regard to the customer. The products sold by the Company generally have the natural characteristics of the materials that are used in the manufacturing of products. Natural features such as the variations in tissue, shape, stitches and color should not be classified as error or defect. Inconsistencies in these natural properties should be considered expectable and reasonable. The Company chooses the products with the best quality only, but natural characteristics are still unavoidable and should be considered as a part of the natural product appearance. Nothing in this clause prejudices the legal rights or the contractual right of withdrawal of the customers.

18- RULES CONCERNING THE INTELLECTUAL PROPERTY RIGHTS

Customers agree that the copyrights, trade marks and all other intellectual property rights in all materials and content which are provided as part of the website shall always be the property of the Company or its authorized agents. Customers are allowed to use the provided content only in the manner which the Company or its authorized agents have openly instructed. This does not prevent customers from using the website to the extent necessary for taking a copy of any order or the contract details.

19- VIRUSES, HACKING AND OTHER CYBER CRIMES

Customers undertake to abstain from misusing this website by deliberately installing viruses, trojans, worms, logic bombs or other malicious or technologically harmful materials. Customers shall not make any attempts of unauthorized access to this website, to the server that hosts this website or any server, computer or database in relation to the website, shall not block or disrupt the system nor destroy or change the data. Customers undertake that they will not attack the website by way of denial of service attack or distributed denial of service attack. In case of the violation of this clause, customers may have committed a crime that is subject to criminal action pursuant to the applicable legislation. The Company reports any such violations to the related judicial and administrative authorities and cooperates with the relevant agency to reveal the identity of the cyber hacker. Similarly, in case of such violations, customer’s right to use this website is immediately terminated. The Company may not be held responsible for any denial of service attack that causes technological damage to the customer’s computer, equipment, data or materials obtained from the use of the website, or any loss or damage caused by viruses or other software and materials or by downloading such content to which the customer has been guided by the website.

20- LINKS FROM OUR WEBSITE

Links to third party websites or materials may be given in the Company website; these links are for information purposes only and the Company does not have the control of or is not responsible for the content of these websites or materials. Similarly, the Company assumes no responsibility for the loss or damage that may be caused by the use of such links.

21- WRITTEN COMMUNICATION

Pursuant to the applicable legislation, certain information and messages sent by the Company to customers must be in written form. By using the website, customers agree that communication with the Company shall be conducted basically in writing. The Company keeps customers informed by sending e-mails or placing notices in the website. Customers declare that they have accepted this electronic communication method pursuant to the contract and that all contracts, notifications, information and other communication methods submitted to customers by electronic means are in accordance with all legal requirements which stipulate that these communication channels must be in written form. This condition does not affect the legal rights of customers.

22- NOTIFICATIONS

All notifications submitted to the Company must be prepared in writing. Pursuant to article 21 and as stated therein, customers explicitly agree and declare that the Company may send notifications to customers by using their e-mail or mail address they have provided when placing the order. The notification is considered to be duly sent and received immediately when published in the website, in 24 hours when sent by e-mail, or within 3 days after the date of sending when delivered by mail. Knowing that the letter has been correctly addressed, sealed and delivered to the post office when sending mail, or that the e-mail has been sent to the related e-mail address when using e-mail shall suffice as proof the notification being received.

23- TRANSFER OF THE RIGHTS AND LIABILITIES

This contract executed between the Company and the customer shall be binding for the Company and the customer and their successors. The customer cannot transfer, assign, delegate to others or forward the contract and the rights and obligations arising thereof (except for the guarantee) without obtaining prior written consent. The Company may ask the person to whom the customer has transferred the guarantee to provide a reasonable proof of being the current owner the related product; for instance, evidence can be acceptable such as providing a proof of the purchase or obtaining from the first buyer or the subsequent buyers (in the current case) a letter or a chain of letters stating that they have transferred their guarantee-related rights to the new owner of the product. The Company may, at any time during the term of the contract, transfer, subcontract or forward the contract or the rights and obligations arising from the contract. For the avoidance of doubt, such transfer, assignment and forwarding does not affect the legal rights or contractual rights as a consumer or does not revoke, reduce or restrict any guarantees or assurance the Company might have explicitly or implicitly given to the customer.

24- FORCE MAJEURE

The Company may not be held responsible or liable for the events that occur beyond the control of the Company, lead to the Company’s failed or delayed performance of any of its liabilities within the scope of this contract and as such are considered as force majeure under the contract. The events beyond the Company’s control include the actions, events, non-performance, exclusion or accidents that cannot be reasonably controlled and particularly include (but not limited to) the following:

1. Strikes, lockouts and other industrial actions.
2. Civil unrest, riot, invasion, terrorist attacks or threats of terrorist attacks, war (whether declared or not) or threat of war or preparation to war.
3. Fire, explosion, storm, flood, earthquake, collapse, epidemic and other natural disasters.
4. Impossibility of using railway, marine, airway vehicles, motor vehicles or other public or private transportation vehicles.
5. Impossibility of using public or private sector telecommunication networks.
6. Actions, decrees, legislations, regulations or restrictions of any government.
7. Strikes, collapses or accidents in any cargo, mail or other related transport business.

Any one of the liabilities of the Company under any contract shall be suspended as long as the event beyond its control continues and the period in which the Company is expected to fulfill its liabilities shall be extended for a term equal to this period of suspension. The Company shall exercise all reasonable efforts to end the event which is beyond its control or to find a solution by way of which its contractual liabilities can be performed in spite of this event beyond its control.

25- WAIVER

During the term of the contract, Company’s failure to force the customer to fully perform any one of its liabilities under the contract or under other terms and conditions, or failure to exercise its rights or legal remedies under the contract does not mean that the Company has waived from such rights or legal remedies and that the customer is exempted from satisfying these liabilities. Waiver from any default does not constitute waiver from any further defaults arising out of the contract or the terms and conditions. None of these conditions shall be considered to be waived from unless the waiver is explicitly declared and notified in writing in accordance with the paragraph in the section above, titled “Notifications”.

26- SEVERABILITY

If any of these or any of the provisions of the contract is declared invalid, illegal or inapplicable by an authorized agency, such invalid term, condition or provision is severed from the rest of the terms, conditions or provisions and the remaining part continues to be valid to the extent permitted by the law.

27- OUR RIGHT TO MAKE CHANGES IN THE TERMS

The Company has the right to update and make changes in these terms and conditions time to time. By using this website or placing an order with the Company, customers shall be subject to the applicable principles and conditions as long as they remain unchanged. Any potential change in the terms or the privacy statement made in accordance with the law or the decisions of the relevant government agencies shall be valid also for the orders placed previously by customers. This change does not affect the legal rights of customers.

28- COMPETENT COURT

The Company has the right to update and make changes in these terms and conditions time to time. Contracts concerning the use of the website and the purchasing of products via this website shall be governed by the laws of the Republic of Türkiye. Any conflicts arising out of the use of the website or out of or in relation to such a contract shall be settled by İstanbul Courts and Execution Offices. In case of any conflicts with respect to the contract between the Company and the customer, the customer can submit the necessary applications to the authorized Consumer Court or the Consumer Arbitration Committee. Nothing in this clause shall affect the related legal rights of the customer.

29- FEEDBACK

Customer comments and feedback are important for the Company. Customers can submit all feedback and comments using one of the channels listed in www.terralope.com website.

XCLUSİVE STORE İTHALAT İHRACAT

VE TİCARET LİMİTED ŞİRKETİ CUSTOMER’S NAME SURNAME