TERMS OF SERVICE & DISTANCE SALES AGREEMENT

PARTIES

This Distance Sales Agreement (“Agreement”) is concluded electronically between PROUD ATHLETICS TEKSTİL VE SANAYİ TİCARET LİMİTED ŞİRKETİ (“Seller”) and the person who purchases the Seller’s services/products via the website at www.proudathletics.co (“Buyer”), whose details appear below.
The Parties declare, accept, and undertake that they have read this Agreement in full, fully understood its contents, and approved all of its provisions.

SELLER:
Title: Proud Athletics Tekstil ve Sanayi Ticaret Limited Şirketi
Address: Susuz Mahallesi 2. İnönü Caddesi White Dream Sitesi No:373/CE27 Yenimahalle/Ankara
Phone: +90 537 401 07 27
E-mail: [email protected]

BUYER:
Buyer’s Name/Surname:
Buyer’s Address:
Buyer’s Phone:
Buyer’s E-mail Address:

The Seller and Buyer shall be referred to individually as a “Party” and collectively as the “Parties.”
By purchasing products and services from the Seller, the Buyer accepts, declares, and undertakes that they have read this Agreement in full, fully understood its contents, and approved all of its provisions. Likewise, the Seller declares and undertakes the matters set out below to the Seller. Therefore, the Buyer warrants the accuracy of the information provided during the purchase of the services.

 

SUBJECT AND SCOPE OF THE AGREEMENT

The subject of this Agreement is the determination of the Parties’ rights and obligations pursuant to the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation, regarding the sale and delivery of the product(s) ordered by the Buyer electronically via the Seller’s website at www.proudathletics.co (“Site”), the characteristics and sales price of which are specified below.

 

ESSENTIAL CHARACTERISTICS OF THE GOODS OR SERVICES

The essential characteristics, sales price, delivery, and payment conditions of the product(s) subject to this Agreement are as follows:

Product/Service Type: Sale of product(s) and/or service(s) to the Buyer via the Site.

 

PRODUCT CODE & NAME	QUANTITY	UNIT PRICE (VAT INCLUDED)	SHIPPING FEE	DISCOUNT/COUPON	ADDITIONAL EXPENSES PAYABLE BY THE BUYER	TOTAL PRICE (INCLUDING SHIPPING, TAXES, ALL ADDITIONAL CHARGES AND VAT)
[...]	[...]	[...]	[...]	[...]	[...]	[...]

 

 

PAYMENT AND DELIVERY TERMS

Total product price excluding shipping:
Shipping Fee:
Total product price including shipping and all taxes:
Payment Method:
Delivery Address:
Recipient:

The total product price stated above is collected from the Buyer by Proud Athletics Tekstil ve Sanayi Ticaret Limited Şirketi.

Delivery terms of the product/service:

Carrier Information: The Seller’s contracted carriers (Aras Kargo – Shipment details will be shown/sent to the customer automatically.)
Delivery Address: [·]
Recipient: [·]

 

DELIVERY

Unless the product subject to this Agreement is customized in line with the Buyer’s requests or personal needs, it shall be delivered to the Buyer, or to the person/institution indicated at the address provided by the Buyer, within the period stated in the preliminary information form, depending on the Buyer’s place of residence, and not exceeding the legal period of thirty (30) days for each product.

For the avoidance of doubt, delivery of the product(s) covered by this Agreement is conditional upon the Buyer’s electronic confirmation of this Agreement and the Preliminary Information Form and full payment of the product price via the method selected by the Buyer. If the product price is not paid, is underpaid, or is cancelled in bank records for any reason, the Seller shall be deemed released from the obligation to deliver the product.

If the performance of the order becomes impossible, the Seller shall notify the Buyer in writing or via a durable medium within 3 (three) days from the date the Seller becomes aware of the situation and shall refund all payments collected, including delivery charges if any, to the Buyer within 14 (fourteen) days at the latest from the date of notification.

 

BUYER’S DECLARATIONS AND UNDERTAKINGS

The Buyer accepts, declares, and undertakes that they have read and been informed of the essential characteristics, sales price, payment method, delivery, and shipping costs of the goods or services on the Site, that they have provided the necessary electronic confirmation, that by confirming the order via the Site they have incurred a PAYMENT OBLIGATION, that they purchased the product/service electronically, and that the sales price shall be collected from the credit/debit card details they have provided.

By confirming this Agreement and the Preliminary Information Form electronically, the Buyer confirms that they have received correctly and completely the Seller’s address, the essential characteristics of the goods or services ordered, the price including taxes, and the information on payment and delivery prior to the conclusion of the distance contract.

If, after delivery of the goods or services, the relevant bank or financial institution fails to pay the price to the Seller due to unauthorized or unlawful use of the Buyer’s credit card for reasons not arising from the Buyer’s fault, the Buyer shall return the goods or services to the Seller within 3 (three) days, provided they have been delivered to the Buyer. In this case, delivery costs belong to the Buyer.

If the goods or services are to be delivered to a person other than the Buyer, the Seller cannot be held responsible if the recipient refuses delivery.

If the Buyer is not present at the address requested for delivery, the order will not be left at another address. In this case, the Buyer accepts the legal obligations arising from having provided an address where they are not present.

If the product is to be delivered to a person/institution other than the Buyer, the Seller cannot be held responsible if such person/institution refuses delivery.

The Seller is responsible for delivering the product in an intact and complete condition, in conformity with the specifications stated in the order. For a justified reason and provided that the Buyer is informed and their explicit approval is obtained, the Seller may supply goods or services of equal quality and price before the performance time under the Agreement expires.

Delivery of the product is conditional upon electronic confirmation of this Agreement and payment of the order amount. If the product price is not paid or is cancelled in bank records, the Seller is deemed released from the obligation to deliver under this Agreement.

The Seller is responsible for any loss or damage until delivery to the Buyer or to a third party indicated by the Buyer other than the carrier. If the Buyer requests shipment via a carrier other than the one designated by the Seller, the Seller is not responsible for any loss or damage that may occur after delivery of the goods to the relevant carrier.

The services provided by the Seller are for retail sale to the end consumer; if the Seller suspects the Buyer intends to resell, the Seller reserves the right to cancel the order and not deliver the products even if this Agreement has been concluded.

The Buyer must inspect the product before accepting delivery and must not accept defective or damaged goods that can be detected by ordinary inspection from the Seller’s representative or the courier. If the Buyer neglects to inspect and accepts the product, the product is deemed intact and undamaged.

 

SELLER’S DECLARATIONS AND UNDERTAKINGS

The Seller is responsible for delivering the goods or services to the Buyer in compliance with consumer legislation, intact, complete, in accordance with the specifications in the order, and with any applicable warranty documents and user manuals.

For a justified reason and provided that the Buyer is informed and their explicit approval is obtained, the Seller may supply a different product of equal quality and price before the performance time under the Agreement expires.

 

BUYER’S RIGHT OF WITHDRAWAL

Without prejudice to other provisions of this Agreement, the terms and conditions set out in this Article 8 shall apply only if the Buyer qualifies as a consumer under the relevant legislation.

Under the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation:

The consumer Buyer has the right to withdraw without giving any reason and without paying any penalty within 14 (fourteen) days from the date of conclusion of the contract for service contracts, and from the date of delivery for distance contracts regarding the sale of goods. It is sufficient that the notice of withdrawal is sent to the Seller in writing or via a durable medium within this period. The Seller’s contact information for notification of withdrawal is as follows:

Title: Proud Athletics Tekstil ve Sanayi Ticaret Limited Şirketi
Address: Susuz Mahallesi 2. İnönü Caddesi White Dream Sitesi No:373/CE27 Yenimahalle/Ankara
Phone: +90 537 401 07 27
E-mail: [email protected]

Following receipt of the Buyer’s withdrawal notice, the consumer Buyer will be informed accordingly.

Within 14 (fourteen) days from the date the Seller receives the withdrawal notice, the Seller shall refund to the consumer Buyer, in a single transaction and without incurring any expenses, all payments made for the relevant goods or services, including delivery charges if any, using the same payment instrument used for the purchase.

For withdrawal returns, the cargo company designated by the Seller is Aras Kargo. If the goods are returned via this designated carrier, the consumer Buyer shall not be held responsible for return shipping costs. If the consumer Buyer returns the goods via a carrier other than the Seller’s contracted carrier specified in this Agreement, the Seller is not responsible for return shipping costs or any damage during shipment. If the designated carrier has no branch at the consumer Buyer’s location, the Seller is obliged to arrange collection of the goods from the consumer without any additional cost.

The consumer Buyer must return the goods to the Seller within 10 (ten) days from the date they notified withdrawal. The invoice, box, packaging, standard accessories (if any), and any promotional or gifted items provided due to the purchase must be returned complete and undamaged with the goods. During the withdrawal period, the consumer Buyer must use the goods in accordance with their operation, technical specifications, and instructions for use; otherwise, they are responsible for any changes or deterioration in the goods.

Refunds of order amounts paid via bank accounts or credit cards and the reflection of such refunds to the consumer Buyer’s accounts are entirely related to bank processing times; the Seller cannot intervene in potential delays. Therefore, reflection of the refunded amount to the consumer Buyer’s account or card may take time.

Pursuant to Article 15 of the Distance Contracts Regulation, the consumer Buyer’s right of withdrawal does not apply to:
(a) goods or services whose price depends on fluctuations in financial markets beyond the seller’s control;
(b) goods prepared in line with the consumer’s requests or personal needs;
(c) goods liable to deteriorate or expire quickly;
(ç) goods whose protective elements (packaging, tape, seal, package) have been opened after delivery and which are not suitable for return due to health and hygiene reasons;
(d) goods that, after delivery, are mixed with other products and cannot be separated by nature;
(e) books, digital content, and computer consumables presented in a tangible medium if their protective elements have been opened after delivery;
(f) delivery of periodicals such as newspapers and magazines, except those provided under a subscription agreement;
(g) services related to accommodation, transportation of goods, car rental, supply of food and beverages, and leisure activities which must be performed on a specific date or period;
(ğ) services performed instantly in electronic environment or intangible goods delivered instantly to the consumer;
(h) services that have begun with the consumer’s approval before the withdrawal period expires.
For such contracts, the consumer Buyer cannot exercise the right of withdrawal.

Where agreed in the preliminary information and provided the amount is stated, the consumer is responsible for return costs not exceeding the delivery charges, when returned with the seller’s designated carrier. However, if the delivered goods are defective under Article 8 of the Law, the consumer shall not be responsible for return costs. Upon the consumer’s request, the return cost may be offset against the amount to be refunded for the goods/services and delivery costs.

Complaints and objections for consumer Buyers under the Law No. 6502 and the Distance Contracts Regulation:
Any complaints and objections arising from this Agreement may be submitted to the Consumer Arbitration Committees or Consumer Courts in the Buyer’s place of residence or where the consumer transaction was made, in accordance with the monetary limits set annually by the Ministry of Trade in December.

 

SELLER’S METHOD FOR HANDLING COMPLAINTS

The Buyer may submit complaints regarding the purchased goods and/or services directly to the Seller (using the Seller’s contact details specified under the Parties section above). Upon receipt of a complaint, the Seller will provide all reasonable assistance to resolve the issue.

 

DEFAULT AND LEGAL CONSEQUENCES

In case of default by the Buyer in transactions made by credit card, the Buyer shall be responsible to their bank under the credit card agreement between them. In such a case, the relevant bank may pursue legal remedies and claim expenses and attorney fees from the Buyer. In any case of default by the Buyer, the Buyer shall be liable for all damages and losses incurred by the Seller.

 

INTELLECTUAL PROPERTY

The Buyer acknowledges and declares that all special design techniques used in the Seller’s product designs—textures, patterns, layouts, design elements (icons, buttons, etc.), styles, gradient and solid color tones, and all graphic designs, illustrations, drawings, design elements and works—and all products offered for sale on the Site are protected under the Law on Intellectual and Artistic Works (FSEK) and that all rights belong to the Seller.

Regarding all information and content on the Site and their arrangement, revision, and partial/complete use; except for those belonging to third parties under agreement with the Seller; all intellectual and industrial rights and property rights belong to the Seller. Any product(s) purchased by the Buyer, in whole or in part, and any information, software, or service obtained from the product may not be modified, copied, distributed, reproduced, published, used to create derivative works, transferred, or sold. The Buyer accepts and undertakes not to use the product purchased under this Agreement for illegal purposes and/or in the prohibited ways above. Otherwise, all legal and criminal liability belongs to the Buyer, and the Seller reserves all rights to claim compensation and other remedies for any unauthorized use that may be asserted by third parties or competent authorities against the Seller.

 

DISPUTE RESOLUTION

Any complaints and objections arising from this Agreement may be submitted to the Consumer Arbitration Committees or Consumer Courts in the Buyer’s place of residence or where the consumer transaction was made, in accordance with the monetary limits set annually by the Ministry of Trade in December.

 

OTHER PROVISIONS

The Seller may assign its rights and obligations under this Agreement to third parties without obtaining the Buyer’s consent. The Buyer may not assign their rights and obligations under this Agreement to third parties without the Seller’s consent.

In any disputes arising under this Agreement, the Buyer accepts that the Seller’s electronic records and system records kept in the Seller’s databases or servers, commercial records, book records, microfilm, microfiche, and computer records shall constitute valid, binding, conclusive, and exclusive evidence; that the Buyer waives the right to propose the Seller’s oath; and that this clause constitutes an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure.

Events that prevent and/or delay the Parties’ performance of their obligations hereunder, occurring beyond the control of the relevant Party and without any fault or negligence on their part, shall be considered force majeure (including, without limitation: strike, lockout, declared or undeclared war, civil war, acts of terrorism, earthquake, fire, flood, similar natural disasters, legislative or administrative acts of any official authority not caused by either Party’s deficiency, technical faults and delays caused by internet service providers providing the connection, and similar situations). In such cases beyond the Parties’ control and not reasonably foreseeable, the Parties shall not be held liable for failure to perform or delay in performing their obligations in whole or in part. The Party whose obligations are affected by force majeure shall notify the other Party in writing as soon as possible and shall provide documentation evidencing the force majeure event issued by an authorized person or institution to the other Party as soon as possible.

 

EFFECTIVENESS

This Agreement is executed and enters into force on the date it is electronically approved by the Buyer. Transactions conducted via the Site are deemed binding declarations of intent by the Parties under the Turkish Code of Obligations, consumer legislation, and other applicable legislation.

A copy of this Agreement will be sent by e-mail to the address provided by the Buyer immediately after approval and will be retained by the Seller for 3 (three) years. The Buyer may request access to a copy of this Agreement at any time by sending a request to [email protected].

SELLER	BUYER
PROUD ATHLETICS       TEKSTİL SANAYİ VE TİCARET LTD. ŞTİ.	[...]