DISTANCE SALES AGREEMENT

1. Parties
This Distance Sales Agreement (“Agreement”) is concluded electronically via the www.elonky.com website and/or mobile application (“Platform”);
On one side, the real or legal person purchasing goods or services via the Platform (“Buyer”),
On the other side, the independent third-party seller offering products or services by opening a store on the Platform (“Seller”).
Elonky LLC (“Elonky”) operates as an electronic commerce intermediary service provider under the Law No. 6563 on the Regulation of Electronic Commerce and is not a party to this Agreement. Elonky only mediates the distance sales agreement established between the Seller and the Buyer by providing technical and operational infrastructure.
The parties accept, declare, and undertake that Elonky is not the seller, manufacturer, importer, or provider of the product.

2. Definitions
In the interpretation and implementation of this Agreement;
Buyer: The real or legal person purchasing goods or services for non-commercial or non-professional purposes,
Seller: The independent seller offering goods or services via the Platform,
Platform: The website belonging to Elonky named https://elonky.com/en,
Product/Service: Any kind of goods and services subject to sale, including physical goods and digital content,
Payment Institution: Banks and licensed payment service providers,
Cargo Company: Logistics service providers that ensure the delivery of the product to the Buyer.

3. Subject of the Agreement
3.1. The subject of this Agreement is to determine the rights and obligations of the parties regarding the purchase of the Seller's product or service by the Buyer via the Platform.
3.2. The sales agreement established between the Buyer and the Seller directly produces legal effects between the parties. Elonky is not a party to this agreement and only provides an intermediary service.
3.3. The parties declare that they know and accept their rights and obligations arising from the applicable local and international consumer legislation under this Agreement.

4. Matters of Prior Information to the Buyer
Before the order is created, the Buyer declares that they have been fully and accurately informed about the basic characteristics of the Product/Service, the identity and contact information of the Seller, the total sales price and additional costs, payment methods and conditions, delivery time and cargo information, the right of withdrawal and return conditions, the processing of personal data, and dispute resolution methods, and that they have read, understood, and accepted this information.

5. Information Regarding the Parties
5.1. The information belonging to the Buyer, Seller, and the 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 liability arising from incorrect information belongs to the Seller.
5.3. Elonky provides support and complaint channels via the Platform through which users can communicate.

6. Product/Service Information and Price
6.1. The basic characteristics, sales price, total price including taxes, shipping fees, and any additional costs of the Product/Service are clearly stated on the Platform.
6.2. The Buyer accepts that they placed the order by reviewing this information.
6.3. The Seller is responsible for the accuracy of the product descriptions.

7. General Provisions
Under this Agreement, the Seller agrees to deliver the product or service completely, in accordance with the specifications specified in the order, and in compliance with the applicable legislation.
The Buyer is obliged to pay the price of the ordered product or service. If the payment is not made or canceled for any reason, the Seller's obligation to deliver disappears.
In transactions made over the Platform, if products are purchased from multiple Sellers in the same order, a separate contractual relationship is deemed to be established for each product.
In international transactions, the customs, tax, and import legislation of the Buyer's country may apply. Additional costs and delays arising in this context belong to the Buyer.

8. Special Conditions
Transactions carried out over the Platform may be subject to different conditions depending on the product type, seller, delivery method, and campaigns.
No physical delivery is made for digital content, licenses, subscriptions, and instantly performed services; these products are delivered electronically at the time of the order.
Products within the same order may be delivered at different times and subjected to separate shipping processes.
In mandatory cases, the Seller may supply an equivalent product provided that the explicit consent of the Buyer is obtained.

9. Protection of Personal Data and Intellectual-Industrial Rights
The parties will act in accordance with the applicable legislation concerning the processing of personal data (including KVKK, GDPR, and other relevant regulations).
Personal data belonging to the Buyer may only be processed within the scope of the establishment and execution of the order 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. Right of Withdrawal
10.1. Unless otherwise provided by applicable consumer legislation, the Buyer has the right to withdraw from this Agreement without stating any reason and without paying any penalty. For distance sales transactions in Turkey, the withdrawal period is generally 14 (fourteen) days from the delivery of the product to the Buyer or a third party designated by the Buyer. If the mandatory consumer legislation in the relevant country provides a longer period, the period in favor of the Buyer may apply.
10.2. The withdrawal period begins on the date the contract is established for service performance agreements, and on the date the product is delivered for product sales agreements.
10.3. In calculating the withdrawal period, the following principles apply depending on the delivery method of the ordered products:
a) On the day the last product is delivered to the Buyer or a designated third party in cases where multiple products within a single order are delivered separately,
b) On the day the last part is delivered when the ordered product consists of multiple parts,
c) On the day the first product is delivered in contracts where products are delivered regularly over a specific period.
10.4. In mixed transactions involving both product delivery and service performance, the evaluation regarding the right of withdrawal is generally based on the product delivery provisions.
10.5. If the Buyer exercises their right of withdrawal, the Seller is obliged to refund the product price within the legal period starting from the date the withdrawal notification is received or the product is handed over to the carrier for return.
10.6. Notifications regarding the right of withdrawal must be made in accordance with the legislation and within the specified time limits.
10.7. If the right of withdrawal is duly exercised, the Buyer is obliged to return the product to the Seller within 14 days of directing the notification.
10.8. The Buyer is not responsible for any deterioration occurring if the product is used in accordance with its operation, technical specifications, and usage instructions within the withdrawal period.
10.9. During the return of the product, procedures regarding the invoice or e-invoice must also be followed.
10.10. Refunds are generally processed according to the payment method used.
10.11. If a credit card or bank card was used, rights of withdrawal related to the financing agreement must be exercised directly with the bank.
10.12. Return shipping costs are determined based on the Seller's policies and the return method used.
10.13. The Buyer may lose their right of withdrawal if time limits are exceeded or return obligations are not met.

11. Cases Where the Right of Withdrawal Cannot Be Exercised
The Buyer does not have the right of withdrawal for the following products and services:
- Specially produced or personalized products,
- Products with opened packaging that are unsuitable for return due to health and hygiene reasons,
- Products that mix with other items after delivery and cannot be separated by nature,
- Instantly performed digital content and software,
- Perishable goods or goods that may expire quickly,
- Products whose prices fluctuate in financial markets and are outside the Seller's control.

12. Dispute Resolution
12.1. The parties agree to primarily seek a solution in good faith through mutual communication.
12.2. Elonky may act as a facilitator in disputes but is not responsible for the final resolution.
12.3. Consumer Arbitration Committees and Consumer Courts are authorized for Buyers residing in Turkey.
12.4. For Buyers outside of Turkey, the mandatory consumer legislation and courts of their country apply.
12.5. Alternative dispute resolution methods may be used in international transactions.
12.6. Unless otherwise stated, the laws of the Republic of Turkey apply.
12.7. Electronic records kept in Elonky systems constitute definitive evidence.
12.8. Elonky reserves the right to take action against accounts in case of malicious applications and unfair returns.

13. Notifications
Notifications made via the Platform or via e-mail/SMS are considered legally valid.

14. Evidentiary Agreement
Elonky system records will constitute definitive evidence in disputes.

15. Enforcement
By confirming the order, the Buyer is deemed to have accepted this Agreement, and the Agreement enters into force.