# THE GOOD WILD DISTANCE SALES CONTRACT

DATE: …/…/20.. ; time: …:…

## 1. PARTIES

This distance sales contract ("Contract") is made between the Seller and the Customer under the terms and conditions set forth below, where the Seller and the Customer will be referred to individually as Party and collectively as Parties.

### 1.1. Seller Information:

- Trade Name: FONKA FOOD INDUSTRY AND TRADE INC.

- Address: ŞERİFALİ MAH. BAŞER SK. NO:5, ÜMRANİYE, ISTANBUL

- Contact Info: 08503073334

- Email Address: [email protected]

- Mersis No: 0648065873200010

- Tax Office: İkitelli V.D.

- Tax Number: 6480658732

### 1.2. Customer Information:

- Name Surname: ………….

- Address: ………….

- Contact Info: ………….

- Email Address: ………….

### 1.3. Invoice Information:

- Name Surname: ………….

- Address: ………….

- Contact Info: ………….

- Tax Office/Tax No.: ………….

### 1.4. Delivery Information:

- Name Surname: ………….

- Address: ………….

- Contact Info: ………….

- Email Address: ………….

## 2. SUBJECT

The subject of this distance sales contract is to determine the rights and obligations of the Parties within the framework of the Consumer Protection Law No. 6502, the Distance Contracts Regulation, and related legal legislation regarding the sale, delivery, and other matters of the products whose sales price is specified below, ordered by the Customer through the web page (www.thegoodwild.co).

## 3. PRODUCTS SUBJECT TO THE CONTRACT

Details such as brand, quantity, sales price, payment method, etc., of the products ordered by the Customer ("Product") are as follows:

| Product Name | Quantity | Amount (TL) |

|--------------|----------|-------------|

| ……………… | ………… | ………… |

- Delivery Fee: …………. TL (will be covered by ………….)

- Payment Method: ………….

- Order Date: …/…/20..

- Estimated Delivery Date: …/…/20..

- Delivery Method: ………….

- Gift Voucher/Discount Amount: ………….

- Total Order Amount: …………. (Final payment amount to be made by the Customer including VAT, all taxes, and other expenses such as delivery)

### 3.2.

The Customer is obliged to pay the final total amount calculated in this article. If the payment is not made in accordance with this Contract, the Seller is not obliged to supply and deliver the product subject to the order.

## 4. FORMATION OF THE CONTRACT

### 4.1.

This Contract is presented to the Customer in an electronic environment via the web page (www.thegoodwild.co) owned by the Seller, and it comes into effect when the Customer approves the Contract in the same environment by marking the box next to the Contract. For clarity, the provision and delivery of the Product subject to the Contract require the electronic approval of this contract to be delivered to the Seller and the price to be transferred to the Seller's account. If the product price is not transferred to the Seller's account or is canceled in bank records, the Seller is deemed to be relieved of the obligation of product delivery.

### 4.2.

If this Contract is presented to the Customer through other online sales channels used by the Seller (outside the web page/application), it comes into effect and creates rights and obligations for the Parties, including "Customer's payment obligation," with the Customer's declaration of intent (approval) indicating that they placed the order in the same environment. For clarity, the provision and delivery of the Product subject to the Contract require the electronic approval of this contract to be delivered to the Seller and the price to be transferred to the Seller's account. If different individuals are involved, these individuals will be jointly and severally liable for the obligations arising from the Contract.

## 5. VARIABILITY OF FEES

The Customer declares that they are aware and accept that the delivery fees related to the Product and/or the prices of the products listed on the sales webpage can change at any time, especially in case of returns, the prices of the products can vary from the prices at the moment of contract formation, and operational costs related to products or deliveries can be added.

## 6. DISCREPANCIES BETWEEN INVOICE INFORMATION, PAYMENT INFORMATION, AND DELIVERY INFORMATION

### 6.1.

According to this Contract, some information is entered by the Customer when ordering the product, and the order is created in this manner. The Parties agree that the Seller is not in a position to know the accuracy of the information entered by the Customer during the order or whether this information belongs to the Customer. In this sense, the Customer information related to the ordered Product, "delivery information and/or invoice information and/or payment information" can belong to the same or different individuals. If these information belong to different individuals, all responsibility related to this Contract and other relevant legal provisions is solely on the Customer, and the Seller reserves the right to recourse to the Customer for any damages that may occur due to the mentioned reasons.

### 6.2.

If the Product subject to the order is to be delivered to a person other than the Customer, the Seller cannot be held responsible if the person refuses to accept the delivery. The Customer acknowledges and accepts that they or the person to whom the delivery will be made must present an ID at the time of delivery, otherwise the delivery will not be made. In such cases, the Seller is considered to have fulfilled its obligations arising from the Contract.

## 7. DELIVERY DATE

The Product subject to the Contract is delivered to the address specified by the Customer within an average period of 10 days and in any case within the legal period of 30 days. For clarity, there may be variations in the estimated delivery dates and periods, provided that the 30-day period is not exceeded. The Customer declares, accepts, and undertakes that orders placed during weekends or public holidays will be processed on the following business day.

(If the sale involves goods prepared in accordance with the Customer's request or personal needs, the Customer acknowledges and accepts that the Seller is not bound by the mentioned 30-day period.)

## 8. CONTROL OF DELIVERY

The Customer is obligated to check and accept the Product delivered to them and to sign the documents related to the Product delivery if the delivery is complete. Signing the delivery documents means that the Product has been supplied and delivered by the Seller in accordance with the Contract. Similarly, if the delivery is made to a person other than the Customer, the Customer accepts that the signature of this person on the delivery documents means that the Product has been delivered in accordance with the Contract. The Customer accepts that if the delivery documents are not signed, no complaints related to the Product can be made after the expiration of the periods specified in the relevant legislation.

## 9. NON-PAYMENT BY THE FINANCIAL INSTITUTION

If, after the delivery of the Product, the credit card/bank card/bank account used in the order is used unjustly or unlawfully by unauthorized persons, due to reasons not attributable to or attributable to the Customer, and/or if the related bank or financial institution does not pay the product price to the Seller because the Customer does not have the authority to use the related credit card/bank card/bank account, the Customer declares, accepts, and undertakes that they will pay the received product price by another online or credit card/bank card/bank account or cash payment method within 3 days after being notified of this situation via remote communication means, or will return the Product to the Seller in the same condition it was received and with the packaging unopened within the same period. The Seller reserves the right to recourse to the Customer for compensation for damages caused by the mentioned reasons.

## 10. NON-DELIVERY OF THE PRODUCT

### 10.1.

If the Seller cannot deliver the products subject to the Contract within the period due to force majeure or reasons preventing transportation, interruption of transportation, and other extraordinary circumstances, the Seller is obliged to inform the Customer within 3 days from the date of learning the situation. In this case, the Customer can choose to cancel the order, replace the product subject to the Contract with its alternative, and/or postpone the delivery time until the obstructive situation is resolved. If the Customer chooses to cancel the order, the amount paid will be returned to the Customer within 14 days from the date the cancellation request is received by the Seller using the same payment method. If an alternative product is chosen and there is a difference, the difference will be collected from the Customer.

### 10.2.

In cases where the products subject to the Contract are not in stock, the Seller has the right not to deliver the products subject to the Contract, provided that the Customer is informed and the total amount paid by the Customer is returned within 14 days at the latest.

## 11. COMMUNICATION AND PERSONAL DATA

### 11.1.

The Customer acknowledges and accepts that the Seller can communicate with them through the email address, address information, mobile phone, etc., entered on the Seller's website and/or shared with the Seller later, conduct transactions related to returns and other operations related to the order through these means, and communicate with them for notification and marketing purposes.

### 11.2.

The Customer declares, accepts, and undertakes that if the information entered related to the order is personal data within the meaning of Law No. 6698, this information will be processed within the explanations contained in the privacy notice presented to them; if this information belongs to another 3rd party other than the Contract, there are legal reasons for sharing it with the Seller under the meaning of Law No. 6698, and they have fulfilled the necessary obligations in terms of legislation when sharing with the Seller, and they are responsible for any damages that may occur at the Seller due to non-compliance with the legislation.

## 12. USE OF THE RIGHT OF WITHDRAWAL

The Customer has the right to withdraw from the Contract without providing any reason or paying any penalty, within 14 days from the date of receipt of the Product. The Customer can also use the right of withdrawal within the period from the conclusion of the Contract to the delivery of the Product.

Determining the withdrawal period;

a) In the case of products that are subject to a single order and delivered separately, the day the Customer or the third party designated by the Customer receives the last product,

b) In the case of products consisting of multiple parts, the day the Customer or the third party designated by the Customer receives the last part,

c) In contracts where the delivery of goods is made regularly for a certain period, the day the Customer or the third party designated by the Customer receives the first good is taken as the basis.

In the use of the right of withdrawal;

a) The Customer can use the form included in the Contract (Annex 1: Form),

b) Can make a clear statement of the decision to withdraw,

The right of withdrawal can be communicated to the Seller through the email address, phone number specified in the first article of the Contract, or through the Seller's web page.

In the event of using the right of withdrawal, the Seller,

Within 14 days from the date the Seller receives the notification that the Customer has exercised their right of withdrawal, including any delivery costs collected, all payments collected will be returned to the Customer in a single payment using the payment method used during the purchase, without incurring any costs or obligations to the Customer. The Customer declares, accepts, and undertakes that the return process may be extended due to reasons related to the bank/payment institution (such as delays in the transaction by the bank/payment institution to which the return is made) and that such a situation cannot be interpreted as the Seller acting contrary to the return procedure.

In the event of using the right of withdrawal, if the Product is returned using the carrier specified by the Seller, the Seller will not request an additional transportation fee from the Customer. In cases of return requests other than the use of the right of withdrawal, if the return is accepted, additional fees related to transportation may be applied, which the Customer is aware of and accepts.

Carrier information for return: ……………….

In the event of using the right of withdrawal, the Customer,

Within ten days from the date the notification of exercising the right of withdrawal is directed, the Customer is obliged to return the Product and the invoice sent to them to the Seller or the person authorized by the Seller.

The Customer cannot use the right of withdrawal in the following contracts:

a) Contracts for goods or services whose price depends on fluctuations in the financial markets and is not under the control of the Seller.

b) Contracts for goods prepared in accordance with the Customer's requests or personal needs.

c) Contracts for the delivery of perishable goods or goods that may expire.

d) Contracts for goods that are not suitable for return due to health or hygiene reasons if their protective elements such as packaging, tape, seal, package have been opened after delivery.

e) Contracts for products that are mixed with other products after delivery and cannot be separated due to their nature.

f) Contracts for digital content and computer consumables presented in a physical medium if the packaging has been opened after delivery.

g) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement.

h) Contracts for services that need to be performed on a specific date or period, such as accommodation, goods transportation, car rental, supply of food and beverages, and leisure activities.

ı) Contracts for services that are performed instantly in an electronic environment and intangible goods delivered to the Customer instantly.

i) Contracts for the delivery of daily consumption items such as food and beverages sent to the consumer's residence or workplace within the framework of regular deliveries by the seller.

j) Contracts for services started to be performed with the approval of the consumer before the expiry of the withdrawal period.

The Customer acknowledges and accepts that the right of withdrawal cannot be used for perishable products or products that may expire, products that need to be kept in the cold chain, and products that are not suitable for return due to health or hygiene reasons if their protective elements have been opened after delivery.

## 13. DEFAULT IN PAYMENTS MADE WITH A CARD AND PAYMENTS AT THE DOOR

### 13.1

The Customer acknowledges and accepts that if they default on a payment transaction made with a credit card, they will have to pay interest within the framework of the credit card agreement between the credit card owner bank and the card owner and will be responsible towards the bank, and the Seller has no liability in this matter.

### 13.2.

If the Customer chooses the payment at the door method, a code is sent to the registered mobile phone number via SMS. The order record is created by entering this code and completing the other steps required by the Contract. Additional fees may be requested from the Customer if the payment at the door method is chosen. If the purchased product is among the products eligible for return, the additional fee collected during the return will not be refunded. The Seller can impose various restrictions (such as number, price amount, or product quality, etc.) on the products ordered with the payment at the door method. The mobile phone number registered in the system is assumed to be registered in the name of the Customer. If the product price is not paid, the Customer and (if the owner of the mobile phone number is different) the owner of the mobile phone number will be jointly and severally liable for the product price, and the Seller reserves the right to recourse to the Customer and the owner of the mobile phone number for direct and indirect damages incurred by the Seller.

### 13.3.

The Seller reserves the right to make changes in payment methods/end the use of one or more payment methods/apply different payment methods in different sales channels.

## 14. PRODUCT CONTENTS AND OTHER DECLARATIONS

### 14.1.

The Parties agree that the sole responsibility for the use of all products offered for sale by the Seller lies with the Customer, and in this sense, none of the descriptions on the Seller's web page and/or products are health advice. The Seller recommends the Customer to consult their medical advisors and doctors before using the products, and the Seller is not responsible for any complications that may arise from the use of the products.

### 14.2.

The Customer declares, accepts, and undertakes that they will not hold the Seller responsible for situations such as the interruption/slowing down of the internet, partial or complete non-functioning of the web page/application/online sales channels, non-functioning of the web page or application/online sales channels on their device due to updates, and that the Seller can make changes to or remove these.

### 14.3.

The Seller reserves the right to make changes in the delivery and distribution network and to change or completely stop the campaigns it occasionally conducts, and to limit orders based on quantity/quality/quantity/preferred payment method criteria.

### 14.4.

The Seller sends and delivers the Product to the Customer through a carrier company. The Seller shares the Customer's information requested by the carrier companies for the delivery of the Product subject to the Contract with the carrier companies. If the carrier company does not have a branch in the Customer's location, the Customer needs to receive the Product from another branch of the carrier company notified by the Seller, and the Customer declares, accepts, and undertakes that they have no financial or moral claims against the Seller in this regard.

## 15. RESOLUTION OF DISPUTES, COMPLAINT AND OBJECTION APPLICATIONS ARISING FROM THE CUSTOMER BEING A CONSUMER

### 15.1.

In disputes arising from this Contract between the Parties, the courts and enforcement offices of the Istanbul Central Courthouse are authorized.

### 15.2.

For applications made in the year 2023, the Provincial or District Consumer Arbitration Committees are authorized for disputes below the value of 66,000 TL (sixty-six thousand) Turkish Lira. Provincial Consumer Arbitration Committees are authorized within the provincial boundaries, and District Consumer Arbitration Committees are authorized within the district boundaries. Applications can be made to the Consumer Arbitration Committee in the place of residence of the consumer or where the consumer transaction was made. If a Consumer Arbitration Committee has not been established in the district where the application can be made, applications can be made to the district governorship. Applications are recorded in the Consumer Information System by the governorships without delay and forwarded to the competent Consumer Arbitration Committee determined by the Ministry.

### 15.3.

For the year 2023, consumer arbitration committees cannot be applied for disputes valued at 66,000 Turkish Lira and above. For the resolution of these disputes, it is necessary to apply to the mediation institution as a condition of the lawsuit and consumer courts; in places where there are no consumer courts, to the civil courts of first instance, in accordance with Article 73/A of Law No. 6502.

### 15.4.

The monetary limits specified in this article will be increased at the revaluation rate determined and announced by taking into account the repeated Article 298 of the Tax Procedure Law, applicable from the beginning of each calendar year, in accordance with Article 68 of Law No. 6502.

SELLER C

CUSTOMER

ANNEX 1

FORM FOR THE EXERCISE OF THE RIGHT OF WITHDRAWAL

(This form is to be filled out and sent only if the right of withdrawal from the contract is to be exercised.)

To:

Trade Name

Address

Contact Info

Email Address

Mersis No

Tax Office

Tax Identification Number

"I declare that I exercise my right of withdrawal regarding the sale of the products detailed below."

Order date or delivery date

Subject product

Amount of the product subject to the right of withdrawal

Customer's name and surname

Customer's address and email address

Customer's signature

Date

```

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