DISTANCE SALES AGREEMENT

Article 1 - Parties

1.1. Seller
Name: Pan Otomotiv Sanayi ve Ticaret Anonim Şirketi
Address: İkitelli Dolapdere Sanayi Sit. 24. Ada No:54 Başakşehir/İstanbul
Phone: 0533 740 81 92
Email: [email protected]

1.2. Buyer
Name – Surname/ID No:
Address:
Phone:
Email:

Article 2 - Subject
The subject of this agreement is to determine the rights and obligations of the PARTIES in accordance with the provisions of the Law on the Protection of Consumers No. 4077 and the Regulation on Distance Contracts regarding the sale and delivery of the product ordered electronically by the BUYER from the SELLER’s website www.pangarage.com, whose specifications and sales price are specified below.

The BUYER declares that they have been informed about the name, title, full address, phone, and other access information of the SELLER, the basic characteristics of the goods subject to sale, the price of the goods including taxes, payment method, delivery conditions and costs, and all other preliminary information about the goods subject to sale, including the "right of withdrawal," how to use this right, and the official authorities to which complaints and objections can be submitted. The BUYER acknowledges and declares that they have confirmed this preliminary information electronically and subsequently placed the order in accordance with the provisions of this agreement.

The preliminary information on the website www.pangarage.com and the invoice issued upon the order are integral parts of this agreement.

Article 3- Product/Payment/Delivery Information Regarding the Contract

The type and nature, quantity, brand/model, sale price, payment method, recipient, delivery address, billing information, and shipping fee of the product(s) purchased electronically are detailed below. The person to be billed must be the same as the person who entered into the contract. The information provided below must be accurate and complete. The buyer agrees to fully compensate for any damages resulting from inaccurate or incomplete information and assumes all related responsibilities.

The SELLER reserves the right to suspend the order if the information provided by the BUYER is found to be inaccurate. In cases where the SELLER encounters an issue with the order, and the BUYER cannot be reached via the provided phone, email, or postal address, the order will be suspended for 15 (fifteen) days. The BUYER is expected to contact the SELLER regarding the matter within this period. If no response is received from the BUYER during this time, the SELLER will cancel the order to prevent potential losses for both parties.

Purchased Product(s):

• Name, Code: … units
• Total Sale Price: …. -TL
• Payment Method: Credit Card/Bank Transfer (EFT)
• Recipient:
• Phone Number:
• Delivery Address:
• Billing Person/Entity:
• Billing Address:
• Tax Office:
• Tax Registration Number:
• Shipping Fee: … -TL

Article 4 - Contract Date and Force Majeure

The contract date is ../../…. which corresponds to the date the order was placed by the buyer.

Circumstances that were not present or foreseeable at the time the contract was signed, and that arise beyond the control of the parties, making it partially or completely impossible for one or both parties to fulfill their obligations under the contract, or to fulfill them on time, are considered force majeure (e.g., natural disasters, war, terrorism, riots, changes in legislative provisions, seizure, significant malfunctions in production and communication facilities, strikes, lockouts, etc.). The party affected by the force majeure must immediately notify the other party in writing.

During the continuation of the force majeure, neither party shall be held liable for their inability to fulfill their obligations. If the force majeure persists for 30 (thirty) days, either party shall have the right to unilaterally terminate the contract.

Article 5 - Seller’s Rights and Obligations

5.1. The seller agrees and undertakes to fully fulfill the obligations assigned to them under the contract, in accordance with the provisions of the Consumer Protection Law No. 4077 and the Regulation on Distance Contracts, except in cases of force majeure.

5.2. Persons under the age of 18 are not allowed to make purchases on the website www.pangarage.com. The seller will assume the accuracy of the age declared by the buyer in the contract. However, the seller cannot be held liable in any way if the buyer provides incorrect information about their age.

5.3. www.pangarage.com is not responsible for pricing errors caused by system failures. Accordingly, the seller is not liable for any promotional or pricing errors that may arise from system issues, design problems, or illegal interventions on the website. The buyer cannot claim any rights against the seller based on such system errors.

5.4. Purchases on www.pangarage.com can be made via credit card (Visa, MasterCard, etc.) or bank transfer. Orders for which the transfer is not completed within one week from the order date will be canceled. The processing of orders begins not when the order is placed but when the necessary payment is successfully charged to the credit card account or when the transfer (EFT) is credited to the seller’s bank account. Payment methods such as cash-on-delivery or postal checks made without prior consultation with customer service will not be accepted.

Article 6 - Buyer’s Rights and Obligations

6.1. The buyer agrees and undertakes to fully fulfill the obligations assigned to them under the contract, except in cases of force majeure.

6.2. By placing an order, the buyer acknowledges that they accept the terms of the contract and agrees to make the payment in accordance with the payment method specified in the contract.

6.3. The buyer declares that they have been informed, clearly and understandably in an internet-compatible manner, about the seller’s name, title, address, phone number, and other contact information; the main characteristics of the product subject to sale; the sale price including taxes; payment methods; delivery terms and costs; the right of withdrawal and how to exercise this right; and the official authorities to whom complaints and objections can be submitted. The buyer confirms that they have electronically acknowledged these preliminary details on the www.pangarage.com website.

6.4. In line with the previous clause, the buyer confirms that they have read and understood the order/payment/usage procedures on www.pangarage.com, including product order and payment terms, product usage instructions, precautions for potential situations, and warnings. The buyer declares that they have provided electronic confirmation of these details.

6.5. If the buyer wishes to return a purchased product, they agree and undertake not to damage the product or its packaging in any way and to return the original invoice and delivery note during the return process.

Article 7 - Order/Payment Procedure

Order

The total price of the products added to the shopping cart, including VAT (or the total installment amount for installment transactions), is processed via the relevant bank card’s POS after the buyer's approval. Therefore, orders are only shipped after the buyer receives an order confirmation email. No shipment will be made without the order confirmation email.

Any issues in the process or problems related to the credit card will be communicated to the buyer via one or more of the contact methods (phone, fax, email) specified in the contract. If necessary, the buyer may be asked to contact their bank. The processing time for orders begins not when the order is placed, but when the payment is successfully charged to the credit card account or when the transfer (EFT) is credited to the seller’s bank account.

In exceptional cases where it becomes clear that the product subject to the contract cannot be supplied for a legitimate reason and/or a stock issue arises, the buyer will be informed promptly and transparently. If the buyer consents, another product of equal quality and price may be sent. Alternatively, per the buyer's request and preference, a different product may be sent, the delivery may be delayed until the product is back in stock or the obstacle preventing delivery is resolved, or the order may be canceled.

In cases where it becomes impossible to fulfill the obligation to deliver the contracted product, the buyer will be notified, and any amount paid, along with any document creating a liability for the buyer, will be refunded within ten days at the latest, and the contract will be canceled. In such a situation, the buyer will not have the right to claim any additional material or moral damages from the seller.

Payment

On www.pangarage.com, buyers who do not wish to use their credit card online have the option to place orders via cash transfer. In such cases, the buyer can select the most suitable bank for their transfer. If an EFT is made, the date on which the funds are credited to the seller’s account will be considered. When making a transfer and/or EFT, the sender's information must match the billing details, and the order number must be included.

If the buyer’s credit card is used fraudulently or unlawfully by unauthorized persons through no fault of the buyer after the product is delivered, and the relevant bank or financial institution does not pay the seller for the product, the buyer must return the delivered product to the seller within ten days. In such cases, shipping costs will be borne by the buyer.

If the buyer chooses to pay with a credit card, the buyer agrees, declares, and undertakes to verify the applicable interest rates and default interest rates with their bank and acknowledges that the terms regarding interest and default interest will be governed by the “Credit Card Agreement” between the bank and the buyer, in accordance with the applicable legislation.

Article 8 - Shipment/Delivery Procedure

Shipment
Upon sending the order confirmation email, the product(s) are handed over to the shipping company with which the seller has an agreement.

Delivery
The product(s) will be delivered to the buyer’s address via the shipping company contracted by the seller. The delivery period is 30 days from the date the order confirmation email is sent and the contract is established. This period may be extended by a maximum of ten days, provided that the buyer is informed in advance in writing or via a durable data carrier.

For locations where the shipping company does not provide direct address delivery, the product(s) will be sent with a telephone notification.

In areas where the shipping company delivers only once a week, or in cases of inaccuracies or deficiencies in the delivery information, social events, or natural disasters, there may be delays in the specified delivery period. The buyer cannot hold the seller responsible for such delays. If the product is to be delivered to someone other than the buyer, the seller is not responsible for any additional shipping costs arising from the recipient’s refusal to accept the delivery, inaccuracies in the shipping information, or the buyer’s absence at the address.

If the product(s) have not reached the buyer within the specified time, the buyer should immediately report delivery issues to customer service using the email address [email protected].

Damaged Packages
In the case of a damaged package:

• Damaged packages should not be accepted, and a report should be prepared with the shipping company representative.
• If the shipping company representative claims the package is undamaged, the buyer has the right to inspect the package on-site, verify the condition of the products, and request the situation to be documented with a report.
• Once the package is accepted by the buyer, it is considered that the shipping company has fulfilled its responsibility.

If the package is not accepted and a report is prepared, the buyer should notify the seller's customer service as soon as possible by providing a copy of the report retained by the buyer.

Article 9 - Product Return and Withdrawal Procedure

The buyer has the right to withdraw from the contract without providing any reason or incurring any penalty within fourteen days after receiving the product. In accordance with General Communiqué No. 385 of the Tax Procedure Law, for the return process to be completed, the buyer must fill out the return sections at the bottom of the two invoices issued by the seller and delivered with the product, sign them, send one copy to the seller along with the product, and keep the other copy. The withdrawal period begins on the day the product is delivered to the buyer. The cost of returning the product(s) is borne by the buyer.

The right of withdrawal does not apply to products prepared per the buyer's explicit requests or tailored to their personal needs.

If the buyer exercises the right of withdrawal, the seller will refund the total amount paid and, if applicable, any documents creating a debt obligation, within ten days at the latest, without imposing any costs on the buyer, following the receipt of the invoice containing the withdrawal notice along with the returned product.

A decrease in the value of the product or the existence of a reason that makes its return impossible does not prevent the use of the right of withdrawal. However, if the decrease in value or the impossibility of return arises from the buyer's fault, the buyer must compensate the seller for the loss in value.

The general return period is also 14 days for any product purchased by mistake. During this period, returns of products whose packaging has been opened, used, damaged, etc., will not be accepted. Returns must be made in the original packaging.

If the packaging of a mistakenly purchased product is found to have been opened, damaged, broken, torn, used, or altered in any way, or if the product cannot be returned in the condition it was delivered to the buyer, the product will not be accepted for return, and its price will not be refunded.

For product returns, the situation must first be reported to customer service. The seller will provide the buyer with information on how to return the product. After this communication, the product must be sent to the seller via the shipping company that delivered it to the buyer, along with the invoice containing the return details. The returned product will be accepted as a valid return if it meets the conditions specified in this contract, and the refund will be processed to the buyer’s credit card or account. No refund will be issued until the product is returned. The time it takes for refunds to appear on the buyer's credit card account depends on the buyer’s bank.

If the purchase was made with a credit card and in installments, the refund procedure will be as follows:

• The bank will repay the buyer in installments, according to the number of installments the buyer initially chose. After the seller reimburses the total product amount to the bank in a single payment, the bank will credit the refund amount to the buyer’s credit card in installments to ensure no party is disadvantaged. If the buyer has paid a certain number of installments before canceling the purchase, these installments will be deducted from the buyer’s remaining debt.

For returns of goods and services purchased by credit card, the seller cannot make cash payments to the buyer under their agreement with the bank. The seller will process the return via the software associated with the transaction, and the seller is obligated to refund the relevant amount to the bank, either in cash or by offsetting. Refunds to the buyer’s credit card will be made following the procedures outlined above, after the bank receives the total payment from the seller.

Article 10 - Privacy

The information provided by the buyer within this contract and the details shared with the seller for payment purposes will not be disclosed to third parties by the seller.

The seller may disclose this information only within the scope of administrative or legal obligations. If the seller possesses information requested as part of any judicial investigation for which documentation of authority is provided, the seller may supply such information to the relevant authorities.

Credit card information is never stored. Credit card details are used solely for securely transmitting the payment authorization to the relevant banks during the transaction process and are deleted from the system after authorization is obtained.

The buyer’s email address, postal address, and phone number are used only by the seller for standard product delivery and information procedures. Occasionally, with the buyer’s consent, promotional information, updates on new products, or campaign details may be sent to the buyer.

Article 11 - Jurisdiction in Case of Disputes

In the event of a dispute arising from the implementation of this contract, Consumer Arbitration Committees and Consumer Courts in the seller’s jurisdiction shall have authority for disputes up to the value announced annually in December by the Ministry of Industry and Trade.

By placing an order, the buyer is deemed to have accepted all the terms of this contract. …/…/…