Distance Sales Contract

1.PARTIES

This Agreement has been signed between the following parties under the terms and conditions set out below.

A.’BUYER’; (hereinafter referred to as “BUYER” in the contract)

B.’SELLER Akıllı Elektronik A.Ş.; (hereinafter referred to as “SELLER” in the contract)

FULL NAME:

ADDRESS:

By accepting this contract, the BUYER agrees in advance that if he/she approves the order subject to the contract, he/she will be obliged to pay the price subject to the order and additional fees such as shipping fees, taxes, if any, and that he/she has been informed in this regard.

2- The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation prepared on the basis of this law regarding the sale and domestic delivery of the product / products subject to the contract whose specifications and price are specified in Article 3 below by the “BUYER” electronically on the Akıllı Elektronik A.Ş. website (https://www.grungard.com).

3- INFORMATION ABOUT THE PRODUCT BEING SOLD

The product features, price and other information are as follows;

Payment Method	:
Delivery Address	:
Person to Deliver to	:
Invoice Address	:
Shipping Cost	:

Delivery will be made within 10 business days after the order is confirmed to the delivery address specified above by the SELLER via cargo and / or through the Authorized SELLER or Authorized Service determined by the BUYER. Official holidays and religious / national holidays are not counted from this period. During delivery, the BUYER will sign the delivery form after inspecting the product. By signing this delivery report, the BUYER or the person acting on behalf of the BUYER shall declare that the product has been received in full, complete and undamaged. Cargo / transportation fee belongs to the BUYER. The SELLER may undertake the shipping fee itself with periodic campaigns at any time. The validity of these promises, including the price, is 30 days from the date of order.

The price of the product in question is collected by the SELLER. BUYER; By paying the price of the goods / service to Akıllı Elektronik A.Ş., it will be deemed to have paid the product price.

4- RIGHT OF WITHDRAWAL

The BUYER has the right to withdraw from the contract within 15 (fifteen) days from the date of receipt of the product; without any justification and without penalty. The SELLER may extend the right of withdrawal and return period as it wishes with the campaigns it has made or will make.

If the BUYER wishes to exercise his/her right of withdrawal, he/she must make a declaration of withdrawal regarding his/her order by contacting the communication channels declared by the SELLER within the withdrawal period.

After the withdrawal declaration made within the period, the product or products must be sent to the address below with the contracted shipping company and contract number within 1-10 business days.

Smart Electronics Inc. Product Return Center

Address:

The SELLER shall return the total price received within 15 (fifteen) days at the latest from the date of receipt of the withdrawal notification and any documents that put the BUYER under debt without any expense to the BUYER. The consumer is not responsible for the changes and deterioration that occur if the consumer uses the goods in accordance with their functioning, technical specifications and instructions for use within the withdrawal period. Of the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; The right of withdrawal cannot be used for those whose return is not suitable for health and hygiene.

5- GENERAL PROVISIONS

5.1.“RECIPIENT”, https://www.grungard.com declares and accepts that it has read and informed the basic features of the product sold on the website specified in Article 3, the sales price including all taxes, the payment method and preliminary information regarding delivery and that it has given the necessary confirmation regarding these issues electronically.

5.2.“BUYER” has declared and accepted that in order for the delivery of the product subject to this contract to be made in a timely and correct manner, he / she must perform the payment transactions according to the information provided on the website and fill in the address and contact information for delivery correctly and completely. 5.3.The product(s) subject to the contract purchased by the “BUYER” shall be delivered to the person at the address where the delivery will be made, provided that the product price has been paid in full, within 5 business days from the order confirmation to the address where the BUYER wants the delivery to be made and provided that it does not exceed the legal period of 30 (thirty) days at the latest. 5.4.If the “BUYER” has shown a person or organization other than himself/herself as the address and person to be delivered, the SELLER cannot be held responsible for the refusal of this person or organization to accept the delivery. 5.5.The “BUYER” must inspect the contractual product purchased during delivery. 5.6.The SELLER is responsible for the delivery of the product subject to the contract intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.

5.7.If the SELLER cannot fulfill its obligations as a result of the impossibility of delivery of the product subject to the contract due to force majeure such as, but not limited to, weather opposition, general strike, interruption of transportation, it must notify the “BUYER” of this situation. In this case, before the expiration of the SELLER’s performance obligation arising from the contract, the “BUYER” may wait for the force majeure to disappear or request the return of the price paid. The SELLER is obliged to return the price to the BUYER within 15 days if a refund is requested.

5.8.The SELLER is not responsible for errors that may arise from technical reasons related to the products on the website. 5.9.In cases where there is no provision in this contract, the provisions of the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation prepared on the basis of this law shall apply. 5.10.The BUYER may apply for complaints and objections to the consumer problems arbitration committee or consumer court in the place where the BUYER purchases the goods or services or where the BUYER’s residence is located within the monetary limits determined by the Ministry in December each year. 5.11.Since the products sold as a package within the scope of the campaigns are sold at advantageous prices specific to the campaign, the rights of withdrawal, return and cancellation can only be used for the entire package. 5.12.Smart Irrigation Assistant Grüngard must be assembled fully and completely in places that will avoid water contact, where there is no possibility of direct contact, as specified in the manual.

5.13.The SELLER has the right to reach the BUYER for communication, marketing, notification and other purposes by letter, e-mail, SMS, phone call and other means through the address, e-mail address, fixed and mobile telephone lines and other contact information specified by the BUYER in the registration form on the site or later updated by the BUYER. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities for him.

5.14. The BUYER declares and undertakes that the personal and other information provided by the SELLER while becoming a member of the SELLER’s website is in accordance with the truth, and that the SELLER will compensate all damages that the SELLER may incur due to the untruthfulness of this information immediately, in cash and in full upon the first notification of the SELLER.

5.15.Through the website of the SELLER, links may be provided to other websites and/or other contents that are not under the control of the SELLER and/or owned and/or operated by other third parties. These links are provided to provide ease of orientation to the BUYER and do not support any website or the person operating that website and do not constitute any guarantee for the information contained in the linked website.

6-AUTHORIZED COURT

In disputes arising from this contract, complaints and objections shall be made to the consumer problems arbitration committee or consumer court in the place where the consumer is located or where the consumer transaction is made within the monetary limits specified in the following law. Information regarding the monetary limit is below:

To be effective as of 01/01/2017, the value of the applications to be made to the consumer arbitration committees for 2017:

1. a) District consumer arbitration committees in disputes under 2,400 (two thousand four hundred) Turkish Liras,
2. b) Provincial consumer arbitration committees for disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred and ten) Turkish Liras in provinces with metropolitan status,
3. c) Provincial consumer arbitration committees in disputes under 3.610 (three thousand six hundred and ten) Turkish Liras in the centers of provinces that do not have metropolitan status,

ç) Provincial consumer arbitration committees are authorized for disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred and ten) Turkish Liras in the districts of non-metropolitan provinces.

This Agreement is made for commercial purposes.

7- ENFORCEMENT

This agreement is between the parties <History> concluded on the date of this Agreement. The “BUYER” has accepted, declared and undertaken that he / she has read this contract both on the website before the order is placed and after the order is placed and that he / she accepts all the information and conditions contained in it.