Distance sales agreement

1.1. Seller - Trade name: KUTBU YAZILIM BİLİŞİM TEKNOLOJİ SANAYİ VE TİCARET A.Ş. (“KUTBU” or the “Seller”) - Address: Küçükbakkalköy Mahallesi, Sonay Sokak, No: 6, Kat: 4, 34750 Ataşehir, İstanbul - Tax office and number: Kozyatağı Tax Office, 5990830790 - MERSİS number: 0599083079000001 - Trade registry number: 459195-5 - Registered electronic mail (KEP) address: kutbu@hs01.kep.tr - Phone: +90 (212) 812 88 48 – +90 (212) 852 88 48 - Email: merhaba@kutbu.com - Web: https://www.kutbu.com 1.2. Buyer The buyer whose details are collected when the order is placed (the “Buyer”). The Buyer’s name or trade name, address, phone number, email address and delivery address appear in the quote and order confirmation sent to the Buyer by email.

The subject of this agreement is the sale and delivery, or performance, of the product or service that the Buyer purchases from KUTBU by means of distance communication (email, phone, website and similar means) without the parties being physically present together, and whose characteristics and sales price are stated in the quote and order confirmation. The rights and obligations of the parties are determined in accordance with Law No. 6502 Tüketicinin Korunması Hakkında Kanun (Law on Consumer Protection) and the Mesafeli Sözleşmeler Yönetmeliği (Distance Contracts Regulation) published in Official Gazette No. 29188 of 27.11.2014. No online payments are taken on the KUTBU website. Orders are placed on the basis of a quote; the agreement is concluded when the Buyer approves the quote and KUTBU sends the order confirmation by email.

The name, type, essential characteristics, quantity, brand and model of the product or service, the total sales price including taxes and any additional costs such as installation or delivery are as stated in the quote and order confirmation sent to the Buyer by email. Prices stated in a quote are valid for the validity period written in the quote. The price stated in the order confirmation cannot be changed to the Buyer’s detriment after the agreement is concluded. For subscription or fixed-term services, the service term, renewal conditions and periodic fee are shown separately in the quote and order confirmation.

Payment is made as stated in the quote and order confirmation, using one of the following methods: - Bank transfer, EFT or FAST to the bank account KUTBU states in the order confirmation - Debit or credit card via a payment link provided by a licensed payment institution Card details are not collected on the KUTBU website and are not stored by KUTBU; card payments are processed directly on the infrastructure of the relevant licensed payment institution. Instalment payments and any related interest or charges are governed by the agreement between the Buyer and the card issuer. Unless otherwise stated in the order confirmation, the product is delivered or the service is started after the payment has been credited to KUTBU’s account.

The product is delivered to the Buyer, or to the person at the delivery address notified by the Buyer, within the period stated in the order confirmation and in any case no later than thirty days from the conclusion of the agreement. Services are performed according to the date and plan stated in the order confirmation; software licences and digital content are delivered electronically to the email address notified by the Buyer or to the Buyer’s KUTBU ID (https://id.kutbu.com) account. KUTBU is responsible for loss of or damage to the product until it is delivered to the Buyer or to the person designated by the Buyer. If the Buyer asks for shipment with a carrier other than the one designated by KUTBU, the risk passes to the Buyer once the product is handed over to that carrier. If KUTBU learns that performance of its contractual obligation has become impossible, it will notify the Buyer in writing or on a durable medium within three days of learning this, and will refund all payments collected within fourteen days of the notification at the latest. KUTBU is obliged to deliver the product complete, intact, in accordance with the characteristics stated in the order confirmation and, where applicable, together with its warranty certificate and user manuals.

The Buyer acknowledges that, before the agreement was concluded, they were informed through the quote and the preliminary information form of the essential characteristics of the product or service, KUTBU’s identity and contact details, the total price including taxes, payment and delivery details, the right of withdrawal and how to exercise it, and the channels for complaints and objections, and that they confirmed this information electronically. The preliminary information form and this agreement are sent to the Buyer’s email address on a durable medium together with the order confirmation. The Buyer can store and print these documents.

The Buyer has the right to withdraw from the agreement within fourteen days without giving any reason and without paying any penalty. The withdrawal period starts on the following dates: - For the sale of goods, the day the goods are delivered to the Buyer or to a third party designated by the Buyer - For orders where several goods are delivered separately, the day the last item is delivered - For service agreements, the day the agreement is concluded For the sale of goods, the Buyer may also exercise the right of withdrawal in the period between the conclusion of the agreement and delivery of the goods. It is sufficient for the withdrawal notice to be sent within the period. The notice may be sent by email to merhaba@kutbu.com, by registered electronic mail (KEP) to kutbu@hs01.kep.tr, or in writing to Küçükbakkalköy Mahallesi, Sonay Sokak, No: 6, Kat: 4, 34750 Ataşehir, İstanbul. The withdrawal form included in the preliminary information form may be used, but any written statement clearly setting out the decision to withdraw is also sufficient. KUTBU confirms receipt of the withdrawal notice to the Buyer by email.

The Buyer sends the goods back to KUTBU, or to the return address notified by KUTBU, within ten days of sending the withdrawal notice. The return address and the carrier to be used are notified to the Buyer together with the confirmation of the withdrawal notice. Return shipping costs are borne in accordance with the provisions of the Distance Contracts Regulation. KUTBU refunds all payments collected, including any delivery costs, within fourteen days at the latest of receiving the withdrawal notice. The refund is made in a single payment, using the payment method the Buyer used, without imposing any cost or obligation on the Buyer. Card payments are refunded to the same card; the time it takes for the amount to appear on the card account depends on the card issuer. The Buyer is not liable for changes and deterioration that occur if the goods are used during the withdrawal period in accordance with their operation, technical specifications and instructions for use. The Buyer is liable for any loss of value caused by use beyond this.

Under Article 15 of the Distance Contracts Regulation, the right of withdrawal cannot be exercised for the following agreements relating to the products and services offered by KUTBU: - Services performed instantly in electronic form, and software licences, licence keys and digital content delivered to the Buyer instantly in electronic form - Services whose performance has started with the Buyer’s approval before the withdrawal period ends (for example, installation, configuration, hosting, email or consultancy services started at the Buyer’s request) - Goods prepared in line with the Buyer’s wishes or personal needs, or specifically configured or personalised for the Buyer - Software, digital content and computer consumables supplied on a physical medium whose protective elements such as packaging, tape, seal or wrapping have been opened after delivery Products and services falling under these exceptions are indicated separately in the quote and the preliminary information form before the agreement is concluded. The Buyer’s explicit approval is obtained before a service is started within the withdrawal period.

If the goods delivered or the service performed are defective, the Buyer may exercise one of the following optional rights under Article 11 of Law No. 6502: - Withdraw from the agreement by declaring readiness to return the goods - Keep the goods and ask for a price reduction in proportion to the defect - Ask for free repair of the goods, with all costs borne by KUTBU, provided this does not involve excessive cost - Where possible, ask for the goods to be replaced with a defect-free equivalent For defective services, the Buyer may, under Article 15 of Law No. 6502, ask for the service to be performed again, for a price reduction in proportion to the defect, for free repair, or withdraw from the agreement. These rights are subject to the periods and limitation provisions set out in the Law; the Buyer’s rights to compensation under the Law are reserved. Defects can be reported to merhaba@kutbu.com. The costs of sending defective goods to KUTBU are borne by KUTBU.

The consumer-specific provisions of this agreement (in particular the right of withdrawal and the rights arising from Law No. 6502) apply only to buyers who are natural persons acting for non-commercial and non-professional purposes. For companies, institutions and merchants purchasing for commercial or professional purposes, the relationship between the parties is governed by Law No. 6102 Türk Ticaret Kanunu (Turkish Commercial Code), Law No. 6098 Türk Borçlar Kanunu (Turkish Code of Obligations), and the quote, the order confirmation and any agreement signed by the parties.

The Buyer may send requests and complaints to merhaba@kutbu.com or to the address stated in Article 1. In disputes arising from this agreement, a consumer Buyer may apply to the Tüketici Hakem Heyeti (Consumer Arbitration Committee) at the Buyer’s place of residence or where the consumer transaction took place, within the monetary limits announced each year by the Ticaret Bakanlığı (Ministry of Trade), and to the Tüketici Mahkemesi (Consumer Court) for disputes above these limits. Mediation is also available where provided for by law.

This agreement is concluded and enters into force when the Buyer approves the quote or the order confirmation electronically (by email or by the electronic method stated in the order confirmation). No wet signature, signed copy or fax is required to conclude the agreement. KUTBU’s commercial books and electronic records (email correspondence, order and payment records) constitute evidence within the framework of Law No. 6100 Hukuk Muhakemeleri Kanunu (Code of Civil Procedure).