DISTANCE SALES CONTRACT

1.PARTIES

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

1.'BUYER'; (hereinafter referred to as "BUYER" in the contract)

FULL NAME:
ADDRESS:

2.'SELLER'; (hereinafter referred to as "SELLER" in the contract)

Title: Kubba Health Industry and Trade Inc.

Address: Gulbahce Mah. Gülbahçe Cad. No: 1/48 Interior Door No: 3 Urla / Izmir

Customer Service Phone: +90 850 840 53 39

Mersis Number: 0590130602400001

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.DEFINITIONS

In the application and interpretation of this Agreement, the following terms shall mean the written explanations opposite them.

MINISTER The Minister of Trade,

MINISTRY Ministry of Trade,

LAW Law No. 6502 on Consumer Protection,

REGULATION: Distance Contracts Regulation (OG: 27.11.2014/29188)

SERVICE: The subject matter of any consumer transaction other than the provision of goods that are made or undertaken to be made in return for a fee or benefit,

SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on account of the seller,

BUYER: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,

SITE: The website belonging to the SELLER,

ORDER GIVER: A natural or legal person who requests a good or service through the SELLER's website,

PARTIES: SELLER and BUYER,

PERMANENT DATA STORAGE: Text message, electronic mail, internet, disk, CD, DVD, memory card and any other similar tool or medium that allows the information sent or received by the consumer to be recorded and copied unchanged in a way that allows the consumer to examine this information for a reasonable period of time in accordance with the purpose of this information and allows this information to be accessed exactly as it is,

CONTRACT: This contract concluded between the SELLER and the BUYER,

GOODS: Refers to movable goods subject to shopping and software, audio, video and similar intangible goods prepared for use in electronic media.

TOPIC 3

This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the Buyer ordered electronically through the SELLER's website.

The prices listed and advertised on the site are the selling price. Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.

4. SELLER INFO

Title: Kubba Sağlık Sanayi ve Ticaret A.Ş.

Address Gulbahce Mah. Gülbahçe Cad. No: 1/48 Interior Door No: 3 Urla / Izmir

Phone: +90 850 840 53 39
Fax: 0232 570 52 22
Email: musteri@qubtiva.com

5. BUYER INFORMATION

Person to be delivered to

Delivery Address

Telephone
Fax Email/username

6. INFORMATION OF THE PERSON PLACING THE ORDER

Name/Surname/Title

Address
Telephone
Fax
Email/username

7. PRODUCT(S) SUBJECT TO THE CONTRACT

7.1.The basic features (type, quantity, brand / model, color, quantity) of the Goods / Products / Products / Service are published on the website of the SELLER. If a campaign is organized by the Seller, you can review the basic features of the relevant product during the campaign. Valid until the date of the campaign.

7.2.The prices listed and advertised on the site are the selling price. Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.

7.3.The sales price of the goods or services subject to the contract, including all taxes, is shown below.

Product Description	Quantity	Unit Price	Interim Total (VAT Included)
Shipping Amount
Total:

Payment Method and Plan

Delivery Address

Person to be delivered to

Invoice Address

Order Date

Delivery date

Delivery method

In case of exercising the right of withdrawal, the carrier foreseen for the return: [Yurtiçi Kargo]

7.4. The shipping fee, which is the cost of product shipment, shall be paid by the BUYER.

8. INVOICE INFORMATION

Name/Surname/Title

Address
Telephone
Fax
Email/username

Invoice delivery: The invoice will be delivered with the order to the invoice address during order delivery.

9. GENERAL PROVISIONS

9.1.The BUYER accepts, declares and undertakes that he / she has read the preliminary information regarding the basic characteristics of the product subject to the contract, the sales price and payment method and the delivery on the website of the SELLER, and that he / she has given the necessary confirmation electronically. Buyer; Confirming the Preliminary Information electronically, before the establishment of the distance sales contract, the address that must be given to the BUYER by the SELLER, the basic features of the products ordered, the price of the products including taxes, payment and delivery information, accepts, declares and undertakes that it has obtained the correct and complete information.

9.2. Each product subject to the contract shall be delivered to the BUYER or the person and / or organization at the address indicated by the Buyer within the period specified in the preliminary information section on the website, depending on the distance of the Buyer's settlement, provided that it does not exceed the 30-day legal period. If the product cannot be delivered to the Buyer within this period, the Buyer reserves the right to terminate the contract.

9.3. The SELLER accepts, declares and undertakes to deliver the product subject to the Contract in full, in accordance with the qualifications specified in the order and, if any, with warranty documents, user manuals, information and documents required by the work, to perform the work in accordance with the principles of accuracy and honesty, to maintain and improve the quality of service, to show the necessary attention and care during the performance of the work, to act with caution and foresight.

9.4. The SELLER may supply a different product of equal quality and price by informing the Buyer and obtaining its explicit consent before the expiration of the performance obligation arising from the contract.

9.5. If the SELLER cannot fulfill its contractual obligations in the event that it is impossible to fulfill the product or service subject to the order, the SELLER accepts, declares and undertakes that it will notify the consumer in writing or by permanent data storage within 3 days from the date of learning of this situation, and that it will return the total price to the Buyer within 14 days. 

9.6. The BUYER accepts, declares and undertakes that he/she will confirm this Agreement electronically for the delivery of the product subject to the Contract, and if the price of the product subject to the contract is not paid for any reason and / or canceled in the bank records, the Seller's obligation to deliver the product subject to the contract will cease.

9.7. The BUYER accepts, declares and undertakes that if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the credit card of the Buyer by unauthorized persons after the delivery of the product subject to the Contract to the BUYER or the person and / or organization at the address indicated by the Buyer, the BUYER agrees, declares and undertakes that the product subject to the Contract will be returned to the SELLER within 3 days at the expense of the SELLER.

9.8. The SELLER accepts, declares and undertakes that if it cannot deliver the product subject to the contract within the period due to force majeure circumstances such as the occurrence of force majeure circumstances that develop outside the will of the parties, unforeseen in advance and preventing and / or delaying the parties from fulfilling their obligations, it will notify the Buyer. The BUYER also has the right to request the Seller to cancel the order, to replace the product subject to the contract with a precedent, if any, and / or to postpone the delivery period until the preventive situation is eliminated. If the order is canceled by the BUYER, the product amount is paid to the Buyer in cash and in cash within 14 days for payments made by the Buyer in cash. For payments made by the Buyer by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares and undertakes that the average process of reflecting the amount returned to the credit card by the SELLER to the BUYER's account by the bank may take 2 to 3 weeks, and that the reflection of this amount to the Buyer's accounts after the return of this amount to the bank is completely related to the bank transaction process, and that the BUYER cannot hold the Seller responsible for possible delays.

9.9. The BUYER agrees that his/her Personal Data may be used by the SELLER, especially,

Explicitly stipulated in the law;

It is mandatory for the protection of the life or physical integrity of the person who is unable to disclose his/her consent due to actual impossibility or whose consent is not legally valid;

Provided that it is directly related to the conclusion or performance of a contract, it is necessary to process personal data of the parties to the contract;

It is mandatory for the SELLER to fulfill any legal obligation;

It has been made public by the data subject himself/herself; data processing is mandatory for the establishment, exercise or protection of a right;

Provided that it does not harm the fundamental rights and freedoms of the person concerned, it is mandatory to process data for the legitimate interests of the SELLER;

Planning for the goods and services offered, conducting risk analysis, developing new products, goods and services;

All kinds of marketing and call center services;

Measuring, increasing and researching satisfaction; It can be used for the purposes of communicating your complaints and / or suggestions to the relevant SELLER and communicating the response to the BUYER;

It accepts, declares and consents that it knows that it will be collected / collected, processed / processed within the conditions and purposes specified in Articles 5 and 6 of the Law on the Protection of Personal Data.

The BUYER agrees that he/she has read the KVKK Clarification Text containing detailed information regarding the processing of his/her personal data and that he/she has given separate consent in cases where his/her explicit consent is obtained.

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 updated by the BUYER later. In accordance with Law No. 6563 and the provisions of the Regulation on Commercial Communication and Commercial Electronic Messages, Commercial Electronic Messages may be sent to you for marketing and promotional purposes if your consent is obtained. The BUYER has the right to opt out of these messages free of charge at any time and not receive marketing and informational messages. The BUYER also has the right to refuse via IYS (https://iys.org.tr) at any time.

9.10. The BUYER shall inspect the goods / service subject to the contract before receiving it; dents, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The goods / services received shall be deemed to be undamaged and intact. The obligation to carefully protect the goods / service after delivery belongs to the Buyer. If the right of withdrawal is to be used, the goods / service should not be used. The invoice must be returned.

9.11. If the BUYER and the credit card holder used during the order are not the same person or if a security vulnerability is detected regarding the credit card used in the order before the delivery of the product to the Buyer, the SELLER may request the BUYER to submit the identity and contact information of the credit card holder, the statement of the credit card used in the order for the previous month or the letter from the cardholder's bank stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information / documents subject to the request, and if the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order.

9.12. 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.

9.13. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal legislation and not to violate them while using the SELLER's website. Otherwise, all legal and penal obligations that may arise shall be fully and exclusively binding on the BUYER.

9.14. The BUYER may not use the SELLER's website in any way that disrupts public order, violates public morality, disturbs and harasses others, for a purpose contrary to the law, in a way that violates the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, Trojan horse, etc.) that prevent or make it difficult for others to use the services.

9.15. 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.

9.16. The member who violates one or more of the articles listed in this contract is personally criminally and legally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. In addition; Due to this violation, if the incident is transferred to the legal field, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1. BUYER; In case the distance contract is for the sale of goods, within 14 (fourteen) days from the date of delivery of the product to him or the person / organization at the address indicated by him, he may exercise his right to withdraw from the contract by rejecting the goods without any legal and criminal liability and without any justification, provided that he notifies the SELLER. In distance contracts for service provision, this period starts from the date the contract is signed. Before the expiration of the right of withdrawal period, the right of withdrawal cannot be used in service contracts where the performance of the service is started with the approval of the consumer. In the exercise of the right of withdrawal, the SELLER shall bear the cost of return in case of return of the goods to the carrier prescribed for return. In case of return of the goods with a carrier other than the one stipulated, the return cost will be borne by the BUYER. By accepting this contract, the BUYER agrees in advance that he / she has been informed about the right of withdrawal.

10.2. In order to exercise the right of withdrawal, the SELLER must be notified in writing or by permanent data storage by registered mail, fax or e-mail within 14 (fourteen) days, and the product must be used in accordance with the "Products for which the Right of Withdrawal cannot be exercised" provisions of the Law on the Protection of Personal Data. In case this right is exercised, 

3. a) invoice of the product delivered to the person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning. Order returns whose invoice is issued on behalf of institutions will not be completed if the RETURN INVOICE is not issued.)
4. b) Return form
5. c) The products to be returned must be delivered complete and undamaged together with the box, packaging, standard accessories, if any.
6. d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 14 days at the latest from the receipt of the withdrawal notification.
7. e) If there is a decrease in the value of the goods for a reason arising from the fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's damages in proportion to its fault. However, the BUYER is not responsible for the changes and deterioration caused by the proper use of the goods or the product within the right of withdrawal. 
8. f) In the event that the campaign limit amount issued by the SELLER falls below the campaign limit amount due to the use of the right of withdrawal, the discount amount used within the scope of the campaign will be canceled.
9. PRODUCTS THAT CANNOT USE THE RIGHT OF WITHDRAWAL

The following products cannot use the right of withdrawal:

1. a) Goods or services whose price is subject to fluctuations in financial markets and is not under the control of the seller or provider;
2. b) Products tailored to the consumer's wishes or personal needs;
3. c) Perishable or expired products;

ç) Products whose protective elements such as packaging, tape, seal, package have been opened after delivery and products that are not suitable for return in terms of health and hygiene;

1. d) Products that are mixed with other products after delivery and cannot be separated by their nature;
2. e) Books, digital content and computer consumables presented in material media if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods
3. f) Periodicals such as newspapers and magazines, except those provided under a subscription agreement
4. g) Products and services related to accommodation, transportation of goods, car rental, food and beverage supply and leisure time for entertainment or recreation, which must be performed on a specific date or period

ğ) Services performed instantly in electronic environment or intangible goods and products delivered instantly to the consumer;

1. h) Services started to be performed with the consent of the consumer before the expiration of the right of withdrawal period;

ı) Movables that are required to be registered according to the Highway Traffic Law dated 13/10/1983 and numbered 2918 and unmanned aerial vehicles that are required to be registered or registered;

1. i) Cell phones, smart watches, tablets and computers delivered to the consumer;
2. j) Items purchased by auction in the form of live auctions;
3. k) Products that are installed or assembled from the goods specified to be installed or assembled by the seller or authorized service in the identification and user manual;

It is not possible to use the right of withdrawal regarding these products and services and to return them to the SELLER in accordance with the Regulation.

In accordance with the above-mentioned articles of the Regulation, cosmetics and personal care products, underwear products, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes and stationery consumables (toner, cartridges, ribbons, etc.) must be unopened, untested, intact and unused in order to be returned.

12. DEFAULT AND LEGAL CONSEQUENCES

The BUYER accepts, declares and undertakes that if he/she defaults in the event that he/she makes payment transactions by credit card, he/she will pay interest within the framework of the credit card agreement between the cardholder bank and the bank and will be liable to the bank. In this case, the relevant bank may apply for legal remedies; may request the costs and attorney's fee from the Buyer, and in any case, if the Buyer defaults due to the Buyer's debt, the BUYER agrees, declares and undertakes that the Seller will pay the damage and loss incurred by the Seller due to the delayed performance of the debt.

13. COMPETENT COURT

Complaints and objections in disputes arising from this contract shall be made to the consumer problems arbitration committee or consumer court in the place where the consumer's residence is located or where the consumer transaction is made within the monetary limits specified in the following law.  The application limits determining the jurisdiction of the consumer arbitration committees are re-determined every year by the revaluation rate announced by the Ministry of Treasury and Finance in terms of the value of consumer disputes. Information on the monetary limit is below: 

As of 24/3/2022, without prejudice to the rights under the Execution and Bankruptcy Law, it is compulsory to apply to consumer arbitration committees for disputes with a value below 30.000 Turkish Liras. Applications cannot be made to consumer arbitration committees for disputes above these values. 

In this context For 2025; 

• 149.000 (one hundred forty-nine thousand) Turkish Liras, it is obligatory to apply to the District or Provincial Consumer Arbitration Committees.

• 149.000 (one hundred forty-nine thousand) Turkish Liras and above cannot be applied to consumer arbitration committees for the resolution of disputes.

For the resolution of such disputes, it is necessary to apply to the mediation as a condition of litigation and to the consumer courts, respectively, within the scope of Article 73/A of the Law No. 6502, and to the civil courts of first instance in places where there are no consumer courts.

14. ENFORCEMENT.

The BUYER is deemed to have accepted all the terms of this contract when he/she makes the payment for the order placed through the Site. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this agreement has been read and accepted by the BUYER on the site before the order is realized.

The contract is established when the BUYER checks the 'I have read and accept the Distance Sales Contract' box on the website and then makes payment.

SELLER

RECIPIENT:

HISTORY: