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Distance Selling Agreement

Distance Sales Agreement (“Agreement”)

1. PARTIES

This Distance Sales Agreement (“Agreement”) has been established electronically between the (“Buyer”) whose address is specified in Article 5 and CNM AUTO PARTS OTOMOTİV LİMİTED ŞİRKETİ (“Seller”) located at DUDULLU OSB MAH. 3 CAD. SARACOĞLU IS MERKEZI NO: 5 İÇ KAPI NO: 78 ÜMRANİYE/ İSTANBUL within the framework of the terms and conditions set forth below.

2. DEFINITIONS

In the implementation and interpretation of this agreement, the following terms shall refer to the written explanations opposite them.

  • Regulation: Distance Contracts Regulation.
  • Service: The subject of any consumer transaction other than the supply of goods, performed or promised to be performed in return for a fee or benefit.
  • Seller: The real or legal person, including public legal entities, who offers goods to the consumer for commercial or professional purposes or acts on behalf or account of the goods supplier.
  • Buyer: The real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes.
  • Website: The website belonging to the SELLER named www.cnmautoparts.com.
  • Parties: The SELLER and the BUYER.
  • Agreement: This Agreement concluded between the SELLER and the BUYER.
  • Product or Products: Refers to the movable goods purchased by the BUYER and physically delivered.

3. SUBJECT

The subject of this Agreement is the determination of the rights and obligations of the Parties in accordance with the provisions of the Law on the Protection of the Consumer No. 6502 and the Distance Contracts Regulation regarding the sale and delivery of the product, the qualifications and sales price of which are specified below, which the BUYER has ordered electronically via the SELLER’s website.
The listed and announced prices on the site are the sales prices. Announced prices and promises are valid until they are updated and changed. Prices announced for a specific period are valid until the end of the specified period.

4. MATTERS ON WHICH THE BUYER IS INFORMED IN ADVANCE

4.1. The BUYER accepts that they have examined, read, and understood all general and special explanations on the relevant pages of the Website and that they have been provided with the necessary information before the establishment of this Agreement by acceptance on the Website and before placing the order or being under payment obligation.

4.2. The matters notified to the BUYER in advance are as follows:
a) The SELLER’s title, contact information, and up-to-date introductory information,
b) Sales stages during the purchase of products via the Website and correction methods in case of incorrect entry of order information,
c) The professional chamber to which the SELLER is affiliated (ITO – Istanbul Chamber of Commerce) and contact information regarding the professional code of conduct of this chamber (Phone: 0212 455 60 00, www.ito.org.tr),
d) The privacy policy applied by the SELLER, the use and processing of BUYER information, electronic communication rules and permissions given by the BUYER in these matters, rights and obligations of the parties,
e) Product shipping restrictions determined by the SELLER,
f) Accepted payment methods and the basic characteristics of the products and the total price including taxes,
g) Information on product delivery procedures, transportation, delivery, and shipping costs,
h) Other information regarding payment, collection, delivery, and performance of the agreement and the responsibilities of the parties,
i) Products and services for which there is no right of withdrawal,
j) In products with the right of withdrawal; the conditions, duration, and procedures for using this right and the loss of right in case it is not used within the period,
k) Rejection of the withdrawal request if the products within the scope of the right of withdrawal are not used in accordance with ordinary use and the amounts that the SELLER can offset in these cases,
l) Return of products with the right of withdrawal and all relevant financial issues (return methods, costs, refund of product price, status of reward points),
m) Conditions regarding campaigns and opportunities that may be offered periodically on the Website,
n) Transmission, storage, and accessibility of this Agreement to the BUYER electronically and the SELLER’s obligation to keep the agreement for three years,
o) That the BUYER may convey their complaints to the SELLER in case of disputes and may make their legal applications to District/Provincial Arbitration Committees and Consumer Courts in accordance with Law No. 6502.

5. SELLER INFORMATION

  • Title: CNM AUTO PARTS OTOMOTİV LİMİTED ŞİRKETİ
  • Address: DUDULLU OSB MAH. 3 CAD. SARACOĞLU IS MERKEZI NO: 5 SUITE NO (İÇ KAPI NO): 78 ÜMRANİYE/ ISTANBUL
  • Mersis No: 0211143217200001
  • Phone: 05324518673
  • E-mail: info@cnmautoparts.com

6. BUYER INFORMATION

The Buyer is obliged to declare all information required for delivery and invoicing accurately and completely during the order process. The information of the person placing the order, delivery, and billing information are collected during the order, and this information is an integral part of the agreement.

7. CONTRACT SUBJECT PRODUCT/PRODUCTS INFORMATION

The sales price of the product or service subject to the contract, including all taxes, is included in the product’s page on the website and in the order summary shown to the BUYER before the order is completed. This information is also available in the order confirmation e-mail sent to the BUYER.
As a rule, the shipping fee related to the product shipment and any taxes, duties, fees, and similar additional costs related to the delivery are covered by the BUYER. However, unless otherwise stated by the SELLER, shipping costs for orders of 1,500 TL and above are covered by the SELLER. For orders below this amount, the shipping fee belongs to the BUYER.

8. GENERAL PROVISIONS

8.1. The BUYER accepts, declares, and undertakes that they have read the preliminary information regarding the basic characteristics, sales price, payment method, and delivery of the Product subject to the Agreement on the Website, have knowledge thereof, and have given the necessary confirmation electronically. The BUYER accepts, declares, and undertakes that by confirming the Preliminary Information electronically, they have obtained the address required to be given to the BUYER by the SELLER, the basic characteristics of the ordered products, the price of the products including taxes, payment, and delivery information accurately and completely before the establishment of the distance sales agreement.
8.2. The PRODUCT is delivered to the delivery address specified by the BUYER on the WEBSITE or to the person/organization at the address indicated, packaged and intact with its invoice, within 30 days at the latest; this period may be extended in cases of necessity. If the SELLER fails to fulfill its performance within this period, the BUYER may terminate the Agreement.
8.3. If the PRODUCT is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.
8.4. The SELLER accepts, declares, and undertakes to deliver the product subject to the Agreement completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, information, and documents required by the work, if any; to perform the work in a sound manner in accordance with the legal legislation requirements, free from any defects, in accordance with the standards, within the principles of accuracy and honesty, to protect and increase the service quality, to show the necessary care and attention during the performance of the work, and to act with prudence and foresight.
8.5. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit approval before the performance obligation arising from the Agreement expires.
8.6. The BUYER accepts, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the Product subject to the Agreement, and if for any reason the price of the product subject to the Agreement is not paid and/or is cancelled in the bank or financial institution records, the SELLER’s obligation to deliver the product subject to the Agreement will end. The BUYER accepts, declares, and undertakes that the SELLER has no responsibility for payments where a failure code is sent by the bank and/or financial institution for any reason but payment is made to the SELLER by the bank and/or financial institution.
8.7. The BUYER accepts, declares, and undertakes that if the price of the product subject to the Agreement is not paid to the SELLER by the relevant bank or financial institution due to the unfair use of the BUYER’s credit card by unauthorized persons after the delivery of the product to the BUYER or the person or organization at the address indicated by the BUYER; they will return the product subject to the Agreement to the SELLER within 3 (three) days at the latest, with the shipping cost belonging to the BUYER.
8.8. The SELLER accepts, declares, and undertakes that if it cannot deliver the product subject to the agreement within the period due to force majeure events that develop beyond the control of the parties, are unforeseen, and prevent or delay the parties from fulfilling their obligations (natural disaster, war, fire, strike, epidemic, mobilization declaration, transportation obstacles, etc.), it will notify the BUYER immediately. In this case, the BUYER has the right to request the cancellation of the order, the replacement of the product subject to the agreement with its precedent, if any, or the postponement of the delivery period until the force majeure situation disappears. If the order is cancelled by the BUYER, in case the payment was made in cash, the product price is returned to the BUYER in cash and in lump sum within 10 (ten) days. In payments made by credit card, the product price is returned to the relevant bank within 7 (seven) days after the cancellation of the order. The BUYER accepts, declares, and undertakes that the reflection of this amount to their account may take an average of 2 (two) to 3 (three) weeks after its return to the bank, and that this process is entirely related to the bank’s procedures, and therefore the SELLER cannot be held responsible for possible delays.
8.9. The BUYER is obliged to inspect the goods or services subject to the agreement before receiving them; they accept not to receive crushed, broken, torn packaging, or similarly damaged and defective goods/services from the cargo company. The received goods or services are deemed to be undamaged and intact. The obligation to carefully protect the goods or services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods or services should not be used, and the invoice must be returned.
8.10. If the BUYER and the holder of the credit card 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 a letter from the card holder’s bank stating that the credit card belongs to them. The order will be frozen until the BUYER provides the requested information/documents, and if the said requests are not met within 24 (twenty-four) hours, the SELLER has the right to cancel the order.
8.11. The BUYER declares and undertakes that the personal and other information given while signing up for the SELLER’s website is true, and that they will indemnify all damages incurred by the SELLER due to the untruthfulness of this information immediately, in cash and in lump sum upon the first notification of the SELLER.
8.12. The BUYER accepts and undertakes from the beginning to comply with the legal legislation provisions and not to violate them while using the SELLER’s website. Otherwise, all legal and penal obligations to arise will bind the BUYER completely and exclusively.
8.13. The BUYER cannot use the SELLER’s website in any way that disrupts public order, violates general morality, disturbs and harasses others, for an unlawful purpose, or in a way that infringes upon 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.
8.14. Links may be given over the SELLER’s website to other websites and/or other content that are not under the SELLER’s control and/or are owned and/or operated by other third parties. These links are provided to facilitate redirection for the BUYER and do not support any website or the person operating that site and do not carry any guarantee regarding the information contained in the linked website.
8.15. The member who violates one or more of the articles listed in this membership agreement is personally criminally and legally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. Also; due to this violation, if the event is referred to the legal field, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.

9. SPECIAL CONDITIONS

9.1. The BUYER purchases from a single seller on the Website. The delivery of products in the same order may be carried out at different times due to stock status and logistical reasons. In this case, the SELLER may issue a separate invoice for each delivery. For the avoidance of doubt, product deliveries can be made at different times provided that they are within the legal periods in the legislation.
9.2. The SELLER, at its own discretion, may organize campaigns for BUYERS on the Website at certain periods. Campaigns may offer discounts or other advantages within the framework of conditions determined by the SELLER. If the BUYER returns the purchased products for any reason, if the campaign conditions cannot be met, the discount or benefit provided within the scope of the campaign is cancelled and deducted from the refund amount.
9.3. The BUYER cannot benefit from more than one campaign in the same order; campaigns cannot be combined. In this case, the BUYER accepts to benefit from only one campaign and declares that they will not make any other claim.
9.4. The SELLER has the right to stop, change, or update the campaigns organized on the Website without prior notice. The BUYER is obliged to examine the valid campaign conditions before each purchase.
9.5. Installment campaigns or installment postponement services organized by banks are entirely at the initiative of the banks. If within the SELLER’s knowledge, information about these campaigns is provided on our pages. As of the credit card account cut-off date, the order total is divided into installments and reflected on the credit card statement. The bank may not distribute the installment amounts equally by taking into account the fractional differences. The creation of the payment plan is at the discretion of the bank.

10. PROTECTION OF PERSONAL DATA, COMMERCIAL COMMUNICATIONS AND INTELLECTUAL RIGHTS

10.1. Protection of Personal Data
Personal data transmitted by the BUYER via the Site may be processed by the SELLER in accordance with the relevant legislation, primarily the Law on the Protection of Personal Data No. 6698 (“KVKK”), for the purposes of receiving, processing, and delivering orders, executing payment transactions, providing after-sales support services, and fulfilling obligations arising from the legislation.
The SELLER may share personal data with domestic and international service providers only for the specified purposes, with the BUYER’s approval in cases requiring explicit consent. The BUYER may review the Privacy and KVKK Policy page to exercise their rights regarding personal data and obtain detailed information.
By completing the order process, the BUYER accepts that they have read and understood the information text regarding the processing of their personal data along with this agreement.

10.2. Commercial Electronic Messages
If the BUYER gives consent to receive commercial electronic messages for promotion, campaign, promotion, advertisement, and information purposes through the contact information they shared while transacting on the Site, they accept to receive messages within this scope via e-mail, SMS, or other communication tools. The BUYER may withdraw this consent at any time by notifying the SELLER.

10.3. Intellectual Property Rights
All content on the Site (design, text, visuals, logo, brand, software, and similar elements) is protected under the Law on Intellectual and Artistic Works No. 5846 and other relevant legislation. This content cannot be copied, reproduced, published, distributed, or used for commercial purposes in any way without the prior written permission of the SELLER or the relevant rights holders.

11. RIGHT OF WITHDRAWAL

11.1. In distance contracts regarding the sale of goods, the BUYER may exercise their right of withdrawal from the contract by rejecting the goods without any legal or criminal liability and without giving any reason within 14 (fourteen) days from the date of delivery of the product to themselves or the person/organization at the indicated address. In distance contracts regarding service provision, this period starts from the date the contract is signed. The BUYER must direct the notification regarding the desire to use the right of withdrawal to the SELLER within this period. Before accepting the distance contract or any corresponding offer, the BUYER is informed clearly and understandably in the details determined in the regulation and accepts in advance that they will be under payment obligation if they confirm the order. The right of withdrawal cannot be used in service contracts where the performance of the service has started with the approval of the consumer before the right of withdrawal period expires. Shipping costs related to the return of the product due to the use of the right of withdrawal belong to the SELLER. The BUYER must carry out the return process with Aras Kargo, with which the SELLER has an agreement. Costs that may occur in returns sent outside the contracted cargo belong to the BUYER. In returns made within the scope of the right of withdrawal, the shipping fee is covered by the SELLER.

11.2. For the use of the right of withdrawal, it is mandatory to notify the SELLER within 14 (fourteen) days and the product must not be used within the framework of the provisions of “Products for Which Right of Withdrawal Cannot Be Exercised” regulated under Article 12. If this right is used:
a) The invoice of the product delivered to the 3rd 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 invoices are issued on behalf of institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, together with their box, packaging, and standard accessories, if any. The BUYER is responsible for the loss of value caused by the missing box and packaging, and this amount may be deducted from the refund amount. If accessories, complementary parts, spare parts, or elements directly affecting the use of the product are missing, the product is considered returned incompletely, and the return request may not be accepted by the SELLER.
d) The SELLER is obliged to return the product price to the BUYER within 14 days from the receipt of the withdrawal notification. The BUYER must send the product back to the SELLER within 10 days after the withdrawal notification.
e) If there is a decrease in the value of the goods due to a reason arising from the BUYER’s fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER’s damages in proportion to their fault.
f) As a result of the use of the right of withdrawal, if the order falls below the campaign conditions, the discount or free shipping right provided within the scope of the campaign is cancelled and the relevant amounts are deducted from the refund amount.

In cases where the BUYER exercises the right of withdrawal, or the product subject to the order cannot be supplied for various reasons, or in cases where a refund is decided to the BUYER by the decisions of the arbitration committee, if the shopping was made with a credit card and in installments, the refund procedure to the credit card is stated below:
In however many installments the BUYER bought the product, the Bank makes the repayment to the BUYER in installments. After the SELLER pays the entire product price to the bank at once, in case the installment expenditures made from the Bank POS are returned to the BUYER’s credit card, the requested refund amounts are transferred by the Bank to the holder accounts again in installments so that the parties involved do not fall into victimhood. The installment amounts paid by the BUYER until the cancellation of the sale, if the return date and the card’s account cut-off dates do not coincide, 1 (one) refund will be reflected on the card every month, and the BUYER will receive the installments they paid before the return for as many months as the number of installments they paid before the return, after the installments of the sale are over, and will have deducted them from their current debts.

11.3. It is recommended that the BUYER transmit photos showing the condition of the product to the SELLER before making a return request. However, usage status in some products may not be detected solely by photos. Therefore, a physical examination is carried out when the product reaches the SELLER.
If the BUYER has used the product within the withdrawal period in a way that exceeds the ordinary use limits necessary to see and understand the nature of the goods, they are responsible for the decrease in the value of the goods. In this case, the SELLER may make the payment by deducting the depreciation amount from the return price. Exceeding the limits of ordinary use does not constitute a sole ground for rejection of the return request.
However, as a result of the use of the product beyond ordinary use:

  • If the product is damaged to the extent that it cannot be resold,
  • If the product loses its basic function,
  • If there are permanent damages, stains, wear, or irreparable deteriorations in the product,
  • If accessories, complementary parts, or equipment that need to be sent with the product are missing,
    in such cases, the product is deemed to be returned incompletely or inappropriately, and the SELLER may not accept the return request.
    This assessment is made within the scope of Article 12/1 of the Distance Contracts Regulation.

11.4. If, as a result of the BUYER returning all or part of the order, the order amount falls below the campaign conditions (such as the free shipping campaign over 1,500 TL), the shipping fee not initially collected is deducted from the refund amount.
The return process must be done with Aras Kargo, the SELLER’s contracted cargo company.

12. PRODUCTS FOR WHICH RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

The BUYER cannot use the right of withdrawal in the following cases. These exceptions are applied in accordance with Article 15, updated with the changes made in 2025, of the Distance Contracts Regulation dated 27.11.2014:
a) Contracts regarding goods whose price varies depending on fluctuations in financial markets and is not under the control of the seller (e.g., jewelry products, products in the gold and silver category).
b) Contracts regarding goods prepared in line with the wishes or personal needs of the consumer.
c) Contracts regarding perishable goods or goods whose expiration date may pass.
d) In goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; those whose return is unsuitable in terms of health and hygiene.
e) Contracts regarding books, digital content, and computer consumables offered in material environment if their protective elements such as packaging, tape, seal, package have been opened after delivery (including toner, cartridge, etc.).
f) Contracts regarding periodicals such as newspapers and magazines, except those provided under a subscription contract.
g) Contracts regarding the utilization of leisure time for accommodation, transport of goods, car rental, food and beverage supply, and entertainment, which must be done on a specific date or period.
h) Contracts regarding services performed instantly in the electronic environment or intangible goods (digital content) delivered instantly to the consumer.
i) Contracts regarding services whose performance has started with the explicit approval of the consumer before the right of withdrawal period expires.

13. DEFAULT AND LEGAL CONSEQUENCES

The BUYER accepts, declares, and undertakes that if they go into default in their transactions made with a credit card, they will pay interest within the framework of the credit card agreement the cardholder bank has made with them and will be responsible to the bank. In this case, the relevant bank may apply to legal remedies; may request the costs and attorney fees to arise from the BUYER, and in any case, if the BUYER goes into default due to their debt, the BUYER accepts, declares, and undertakes to pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.

14. EVIDENCE AGREEMENT AND COMPETENT COURT

In the solution of any disputes that may arise from this Agreement and/or its implementation, SELLER records (including magnetic media records such as computer-audio records) constitute conclusive evidence. The Parties have accepted that in disputes arising from the implementation and interpretation of the Agreement, Consumer Arbitration Committees in the place where the BUYER’s and SELLER’s residence is located within the monetary limits determined within the framework of the legislation, and in cases exceeding these limits, the Consumer Courts of the BUYER and SELLER shall be authorized.

15. ENFORCEMENT

The BUYER is deemed to have declared that they have read, understood, and accepted all the conditions of this Distance Sales Agreement by placing an order via the website and making payment.
The SELLER accepts and undertakes that it will make the technical arrangements to ensure that the order process is not completed in cases where this Agreement is not read and accepted by the BUYER and that it will ensure this approval is obtained.