ELONKY DISTANCE SALES AGREEMENT

This Distance Sales Agreement (“Agreement”) has been concluded electronically via the website accessible through the domain name www.elonky.com and other digital channels that may be offered in the future (“Platform”);

On one side, the natural or legal person who purchases goods or services through the Platform (“Buyer”),

On the other side, the independent third-party seller who opens a store on the Platform and offers goods or services for sale (“Seller”), have entered into this Agreement.

Elonky LLC (“Elonky”) operates as an electronic commerce intermediary service provider within the scope of the Law No. 6563 on the Regulation of Electronic Commerce and is not a party to this Agreement. Elonky only mediates the distance sales contract established between the Seller and the Buyer by providing technical and operational infrastructure.

The Parties acknowledge, declare, and undertake that Elonky is not the seller, manufacturer, importer, or provider of the product.

Elonky is in no way the seller, reseller, distributor, importer, stockholder, or “merchant of record” of the product. Elonky does not have ownership, control, or possession of the products. All sales transactions carried out through the Platform are established directly between the Buyer and the Seller. Elonky only provides technical infrastructure and payment facilitation services.

In the implementation and interpretation of this Agreement;

Buyer: Refers to the real or legal person purchasing goods or services for non-commercial or non-professional purposes,

Seller: Refers to the independent seller offering goods or services via the Platform,

Platform: Refers to the website belonging to Elonky named https://elonky.com/en,

Product/Service: Refers to all kinds of goods and services subject to sale, including physical goods and digital content,

Payment Institution: Refers to banks and licensed payment service providers,

Cargo Company: Refers to the logistics service providers that ensure the delivery of the product to the Buyer.

3.1. The subject of this Agreement is to determine the rights and obligations of the parties regarding the purchase of the product or service belonging to the Seller via the Platform by the Buyer.

3.2. The sales agreement established between the Buyer and the Seller directly produces provisions and consequences between the parties. Elonky is not a party to this agreement and only provides intermediary services.

3.3. The parties declare that they know and accept their rights and obligations arising from the applicable local and international consumer legislation within the scope of this Agreement.

5.1. Information belonging to the Buyer, Seller, and Platform is included during the order and/or in the order summary.

5.2. The Seller is obliged to keep their identity, tax, and contact information accurate and up-to-date. All responsibilities that may arise due to this information being incorrect belong to the Seller.

5.3. Elonky provides support and complaint channels through the Platform where users can communicate.

6.1. The basic features, sales price, total price including tax, cargo fees, and additional costs, if any, of the Product/Service are clearly stated on the Platform.

6.2. The Buyer accepts that they placed the order by examining this information.

6.3. The Seller is responsible for the accuracy of the product descriptions.

Transactions carried out via the Platform may be subject to different conditions depending on the product type, seller, delivery method, and campaigns.

Physical delivery is not made for digital contents, licenses, subscriptions, and instantly performed services, and these products are delivered in the electronic environment at the moment of the order.

Products included in the same order may be delivered at different times and subjected to separate cargo processes.

The Seller may provide an equivalent product in mandatory cases, provided that the explicit consent of the Buyer is obtained.

The parties will act in accordance with the applicable legislation (including KVKK, GDPR, and other relevant regulations) regarding the processing of personal data.

Personal data belonging to the Buyer may only be processed within the scope of the establishment of the order, its performance, and customer service processes.

All content, brands, logos, designs, software, and visuals on the Platform belong to Elonky or the relevant right holders, and are protected under intellectual and industrial property rights.

Unauthorized use of these contents is prohibited.

10.1. Unless otherwise stipulated within the scope of the applicable consumer legislation, the Buyer has the right to withdraw from this Agreement without showing any justification and without paying any penal clause. In terms of distance sales transactions in Turkey, the withdrawal right period is generally 14 (fourteen) days from the delivery of the product to the Buyer or the third person determined by the Buyer, and if a longer period is foreseen in the mandatory consumer legislation in the relevant country, the period in favor of the Buyer may be applied. Since Elonky is a global electronic commerce platform, the mandatory consumer protection provisions of the country where the Buyer's habitual residence is located are reserved in consumer transactions outside Turkey.

10.2. The withdrawal right period; begins to run on the date the contract is established in contracts regarding service performance, and on the date the product is delivered to the Buyer or the third person determined by the Buyer in contracts regarding product sales. However, the Buyer can also use the right of withdrawal in the period before the actual delivery of the product. In cases where the order has not yet been shipped, is in the preparation phase, or has not been delivered, it is sufficient to direct the withdrawal notification through the Platform or to the Seller, and in this case, the product may not need to be physically returned additionally.

10.3. In the calculation of the withdrawal right period, the following principles are applied according to the delivery shape of the products subject to the order: a) In cases where more than one product within the scope of a single order is delivered separately, the day the Buyer or the third person determined by the Buyer receives the last product, b) In cases where the product subject to the order consists of more than one part, the day the Buyer or the third person determined by the Buyer receives the last part, c) In contracts where regular delivery of the product is made for a certain period, the day the Buyer or the third person determined by the Buyer receives the first product is taken as the beginning of the withdrawal period.

10.4. In mixed qualified transactions where product delivery and service performance are together, the evaluation regarding the right of withdrawal is generally made based on the provisions regarding product delivery. However, in cases where the service element needs to be evaluated separately due to its nature, the relevant legislation provisions are reserved.

10.5. In case the Buyer uses their right of withdrawal, the Seller; a) if the right of withdrawal is used before the delivery of the product or the performance of the service, from the date the withdrawal notification reaches them, b) if the right of withdrawal is used after the delivery of the product, from the date it is documented that the product subject to withdrawal has reached the Seller or has been delivered to the carrier specified by the Seller for return, c) if the Buyer terminates the contract because the order is not delivered within the legal or committed period, from the date the termination notification reaches them is obliged to refund the collected product price and, if any, delivery costs to the Buyer within the period foreseen in the relevant legislation. Elonky facilitates the collection flow through the platform infrastructure, the return process can technically be carried out via the Platform and/or the relevant payment institution; however, it is accepted that the product price is essentially collected on behalf of the Seller and the main return obligation legally belongs to the relevant Seller.

10.6. Notifications regarding the right of withdrawal must be made in accordance with the legislation and within the time limit. The Buyer must make the withdrawal notification from the order/return screens provided on the Platform, customer support channels, or the communication channels belonging to the Seller. The withdrawal notification must be clear, understandable, and capable of determining which order it relates to. The communication channel where the withdrawal notification will be made can be accessed from the link https://elonky.com/en/contact. Elonky may provide digital return and notification tools on the Platform to ensure the effective use of the right of withdrawal; however, the provision of these does not make Elonky a party to the sales agreement.

10.7. In case the right of withdrawal is used properly: The Buyer is obliged to send the product back to the Seller within 14 days from the direction of the withdrawal notification. The product to be returned must not be used outside the ordinary review limits, and as much as possible, it must be sent with its original box and packaging, and if any, standard accessories, user manual, warranty certificate, and other elements provided with the product. If there are promotional or complementary products gifted with the product, these must also be included in the scope of the return.

10.8. The Buyer is not responsible for the deteriorations that occur if they use the product in accordance with its operation, technical specifications, and usage instructions during the withdrawal period.

10.9. During the return of the product to the Seller, the procedures regarding the invoice or e-invoice information issued together with the product must also be followed. If the Buyer has requested a corporate invoice, it may be necessary to issue a return invoice in accordance with the relevant legislation for the return process, reject the commercial invoice, or fulfill the relevant accounting processes. The obligations regarding invoicing are evaluated separately according to the legal status of the Buyer and tax legislation.

10.10. If the Buyer has made the payment with a credit card, debit card, or similar financing method, the refund of the price is generally carried out in accordance with the payment instrument where the payment was made. The reflection time of the return amount to the Buyer's account at the bank or payment institution may vary depending on the internal processes of the relevant financial institution. Elonky and the Seller cannot be held responsible for bank/payment institution delays outside their control.

10.11. If the Buyer has used a credit card, debit card, or similar third-party financing product within the scope of the payment method, withdrawal from this Agreement may not spontaneously terminate the financing agreement between the financing institution and the Buyer. In these cases, the Buyer is obliged to use the withdrawal, cancellation, or closure rights regarding the financing agreement directly before the relevant bank or financing institution and according to the procedures to be applied to that agreement. Elonky and the Seller have no responsibility for the disputes arising from the relationship between the Buyer and the financing institution.

10.12. Which party the return cargo cost will belong to is determined taking into account the Seller policies and the return method used in the relevant transaction. If the contracted carrier determined by the Seller or the return code/carrier method offered on the Platform is used, the return cargo fee is specified in the relevant legislation and Seller policy. In case the Buyer chooses a different carrier contrary to the notified return procedure, the Seller is not responsible for the return cargo cost or the damage arising from the cargo process. In international orders, customs, import taxes, export formalities, or cross-border logistics costs may arise additionally. Due to Elonky's global structure, it is explicitly accepted that these matters may change depending on the country.

10.13. The Buyer must use the right of withdrawal within the period and procedures foreseen in this article and applicable legislation. In case the periods are missed, the notification is not made duly, or the return obligations are not fulfilled, the Buyer will partially or completely lose their right of withdrawal.

Regarding the products and services specified below, the Buyer does not have the right of withdrawal in accordance with the relevant legislation:

• Products produced specially in line with the Buyer's requests or personal needs, personalized or altered products (e.g., products with names written, products produced to custom sizes, custom-designed items),
• Products whose packaging, protective tape, seal, or package has been opened; products whose return is not suitable in terms of health and hygiene (e.g., underwear, cosmetics, personal care products, earphones, and similar direct contact items),
• Products that mix with other products after delivery and cannot be separated due to their nature,
• Digital content, software, licenses, subscriptions, or services performed instantly in the electronic environment or to which the Buyer is granted instant access,
• Perishable products or products that have the possibility of passing their expiration date (e.g., food products, fresh items),
• Books, digital media, or copyable content (e.g., CD, DVD, software) that cannot be returned if their packaging is opened after delivery,
• Products or services whose prices change depending on fluctuations in financial markets and are not under the control of the Seller,
• Products and services that cannot be returned due to their nature or are consumed quickly.

The Buyer accepts that they do not have the right of withdrawal regarding the products or services they purchased within the scope of the exceptional situations stated above.

12.1. In any dispute that may arise between the Buyer and the Seller within the scope of this Agreement, the parties accept to seek a solution primarily by communicating mutually within the framework of goodwill and using the support, complaint, and dispute resolution mechanisms offered via the Platform.

12.2. Elonky, limited to its intermediary service provider capacity, may take on a facilitating role in disputes arising between the parties, request information and documents from the parties, examine transaction records, and make evaluations in line with Platform rules. However, since Elonky is not a party to the sales agreement, it is not directly responsible for the final resolution of the disputes.

12.3. In terms of Buyers located in Turkey, in disputes arising from this Agreement, Consumer Arbitration Committees in the Buyer's place of residence or where the transaction was made are authorized within the monetary limits determined annually by the TR Ministry of Trade, and Consumer Courts are authorized in disputes above these limits.

12.4. In terms of Buyers outside Turkey, the mandatory consumer legislation of the country where the Buyer's habitual residence (the country where they continuously live) is located is reserved. In this context, the mandatory provisions of the relevant country's legislation in favor of the consumer may be applied, and the Buyer has the right to apply to the authorized court or alternative dispute resolution authorities in their own country.

12.5. The parties accept that in transactions of an international nature, depending on the nature of the dispute, mediation, online dispute resolution platforms (ODR), arbitration, or similar alternative dispute resolution methods may be applied. However, the consumer's right to file a lawsuit arising from local legislation is reserved.

12.6. In the interpretation and application of this Agreement, provided that the mandatory consumer legislation provisions are reserved, the law of the Republic of Turkey is applied unless stated otherwise. However, due to Elonky being a global platform, the mandatory legal rules of the relevant country may be applied primarily for users in different countries.

12.7. The parties accept that the electronic records, transaction logs, order history, messaging records, and payment data kept in Elonky systems regarding the transactions carried out over the Platform will constitute definitive and binding evidence in the nature of an evidentiary contract in the resolution of disputes.

12.8. Users agree not to make malicious applications regarding the transactions they carry out over the Platform, and to avoid behaviors in the nature of unfair return, baseless complaint, abuse, or system manipulation. In case such situations are detected, Elonky reserves the right to take the necessary technical and legal measures regarding the relevant accounts.

The parties accept that the notifications to be made within the scope of this Agreement can be carried out in the electronic environment.

Notifications made via the Platform, e-mail, SMS, or system messages are considered legally valid.

Users are responsible for keeping their communication information up to date.