DISTANCE SALES AGREEMENT

1. Parties

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This Distance Sales Agreement ("Agreement") is executed electronically between the Seller, whose information is provided below, and the Buyer, who places an order through the Yontuart website or mobile application (“Yontuart Platforms”).

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​Seller:
Company Name: Yontuart Global Sanat ve Teknoloji Sanayi Ticaret Anonim Sirketi

Address: Adalet Mh. Manas Bulv. No: 39 Daire: 3408, Folkart Towers B Kule, Bayrakli, Izmir, Turkiye
Email: info@yontuart.com
MERSIS Number: 0982110358000001
Tax Office and Number: Karsiyaka Vergi Dairesi / 9821103580 

Registered Electronic Mail (KEP) Address : yontuartglobal@hs01.kep.tr

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​Buyer:
The Buyer is the natural person who places an order through the Yontuart Platforms (hereinafter referred to as the “Buyer” or “Buyers” when used in the plural). The Buyers' information is recorded in the system at the time of the transaction and is not separately included in this Agreement.

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2. Subject of the Agreement

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​This Agreement governs :

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• ​Determining the conditions of creating the largest collection of personalized and unique artworks ever produced in the World.

• The rights and obligations of the Parties involved in the production of 100,000 (one hundred thousand) physical personalized and hand-made products by Seller based on individual participation.

• The sale and delivery of these products ordered through pre-order,

• The creation of a digital version ("Digital Representation") corresponding to each product and their deliveries to Buyers.

• Setting out the conditions for combining the digital versions of these artworks into the world’s largest collective digital artwork (‘Collective Artwork’).

• Supporting green economy-focused companies, determined by Buyers' votes, with a net 10% of Seller's revenue from the auction of the Collective Artwork.

• The gains obtained from the supported initiatives may be evaluated for utilization in favor of the Participant Community. ​​

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3. Product Information

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​3.1. Under this Agreement, each product offered by Seller and purchased by the Buyer will be referred to as a "Artwork." In the following text, the term "Artworks" will be used in the plural. An Artwork is a limited-edition collector's item, an artistic frame, featuring the Participant’s photograph on an acrylic plate, surrounded by a personalized, unique pattern, hand-painted, and displayed on a wooden stand. It is powered by a rechargeable battery via a USB cable, contains LED light strips, and is displayed on a wooden stand.

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3.2. The type, color, quantity, order number, sales price, payment method and delivery and contact information of the Artworks ordered by the Buyer are included in the order form and are an integral part of this Agreement.

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4. Personalized Artwork Creation Process
 

4.1. After completing the purchase, the Buyer is registered based on the information provided and officially obtains participant status. Each purchased Artwork is associated with a unique registration number assigned to the Buyer and the Artwork. This number ensures the Buyer’s inclusion in the Community formed by the Artwork owners.

 

5. Delivery Schedule

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​5.1. Artworks ordered by the Buyer are sold through a pre-order method. These Artworks are subject to a specific production/supply process and are part of a personalized collection, produced by a single person upon request from the Buyer, and are produced in total quantities of 100,000. Therefore, delivery times may vary compared to traditional sales. Sales may be increased until the total net number of entries reaches 100,000, depending on production quantities, cancellations, legal obligations, or project exclusions at Seller’s discretion.

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5.2. Artworks will be delivered following the completion of the production or procurement process. The total delivery time for all Artworks (project completion time) is set at one year from the date of the first Artwork's sale. Seller may extend this period for a maximum of one year. Depending on demand and interest in the project, Seller may terminate the project at any time and in any quantity.

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5.3. Buyers’ deliveries will be ordered according to the purchase date and time they make their purchases through the Yontuart Platforms. Considering that each Artwork will be custom-made by hand, by a single person, and considering the average procurement and production time for intermediate materials, the following estimated delivery intervals can be used as a basis, assuming subsequent and regular purchases:

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​First delivery; 5,000 Artworks within 120 days,

Second delivery; 10,000 Artworks within 60 days,

Third delivery; 35,000 Artworks within 90 days,

Final delivery; 50,000 Artworks within the next 95 days,

 

100,000 Artworks are anticipated to be completed. By accepting this Agreement, the Participant acknowledges and agrees that the delivery time may exceed 30 days.

 

6. Digital Certification Process

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​6.1. The physical artwork purchased by the Buyer is transformed by Seller into a unique digital representation and authenticated through trusted third-party service providers. This digital certificate ensures the exclusive ownership of the artwork.

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6.2. The Buyer is informed about the Digital Representation created using the contact details provided at the time of order. The Buyer must provide the necessary transfer information required for the free delivery of the Digital Representation. Where this is not possible, Seller may, at its discretion and with the Buyer’s explicit consent, consider alternative solutions to support the Buyer. The Buyer acknowledges that failure to provide the required information may result in delays in the transfer of digital rights.

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6.3. The Digital Representation transfer process will be organized by Seller, and Seller cannot be held responsible for any technical disruptions arising from the infrastructures of independent third-party service providers.

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6.4. Buyers may use, sell, or transfer the Digital Representation of the Artwork they purchase as they wish.

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7. Collective Artwork, Usage Rights, and Auction

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​7.1. Seller will combine the digital versions of the 100,000 physical artworks it has transformed into Digital Representations into a single collective digital artwork, designed according to Seller’s artistic vision. Participants acknowledge that the content, structure, presentation format (e.g., digital platforms, digital exhibition spaces, etc.), and timing of this Collective Artwork will be determined solely by Seller. Due to variables such as the number of Buyers, technical or logistical conditions, and production time, the target of 100,000 artworks is not a binding commitment. Depending on project completion and participation levels, the Collective Artwork may consist of a lower number of works, or the project may be concluded earlier.

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7.2. In line with the stated production target of 100,000 Artworks, an application is planned to be submitted to Guinness World Records™. If a smaller production quantity is produced and a Collective Artwork is created with this quantity, the eligibility of these pieces for the record, the overall application, and the acceptance of the record are at the discretion of Guinness officials, and Seller does not guarantee this.

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7.3. Upon completion of the Collective Artwork, digital versions, photographs, or digital representations of the Artworks of all Buyers who contributed to the project will be included as representations within this holistic artwork. Sharing personal data is not required. By purchasing the Artwork, Buyers acknowledge and agree to this representation and inclusion within the Collective Artwork.

 

7.4. The overall artwork, created by bringing together the contributions of up to 100,000 Buyers, constitutes a Collective Artwork. While each Buyer’s individual contribution will be included, Buyers acknowledge that they hold no ownership or usage rights over the Collective Artwork itself. All ownership and usage rights of the Collective Artwork belong solely to Seller, which may sell or transfer such rights at its discretion. Buyers may not claim any material or moral rights over the Collective Artwork, nor exercise control over it or impose any restrictions on its use. Accordingly, the Collective Artwork remains the exclusive property of Seller.

 

7.5. The Collective Artwork may be offered for sale by auction on third-party platforms (such as online marketplaces, auction houses, or exhibition venues) selected by Seller. This process does not create any financial expectations or rights for the Buyer.

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8. Use of Proceeds and Contribution Process

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​8.1. The Seller will use net 10% of the proceeds from the auction sale of the Collective Artwork, which consists of individual 100.000 Artworks, to support new or developing initiatives and companies operating in the green economy sector, pooled digitally (via the website and/or mobile application). The areas of activity of these initiatives and companies, as well as the shares/rights they may offer in return for support, will be visible within this pool.

The initiatives included in the pool will be selected based on evaluation criteria determined solely by the Seller, who reserves the right to unilaterally modify the content, scope, and presentation format of the digital environment.

Any developments made in this context will be announced to Buyers through notifications on the Yontuart Platforms before or during implementation. Buyers hereby agree in advance to receive such notifications and accept that they shall become effective as of the date of notification.

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8.2. The information provided by Seller shall not be construed as investment advice, guidance, partnership, or any form of commercial commitment.

 

8.3. Participants who purchase Artworks offered by Seller will have the right to vote digitally to contribute to the selection of companies to be supported from among those included in the digital pool.

 

8.4. The voting process, evaluation criteria, timeline, and all implementation details shall be determined by Seller and announced to Buyers through binding notifications on the Yontuart Platforms. Buyers agree to act in accordance with the announced rules and accept the binding nature of the results. Seller undertakes to share process-related announcements in a transparent and accessible manner.

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8.5. All decisions regarding voting, the support process, and company selection are at Seller’s discretion; Seller reserves the right to change, suspend, or restructure the process for technical or operational reasons.

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8.6. Based on the votes cast by Buyers, the 100 companies receiving the highest number of votes will be eligible for support from Buyer. Additionally, the next 100 companies will be selected as a reserve list and may be considered as needed. However, if the number of companies deemed eligible for support in the application pool does not reach the specified numbers, or if it is deemed necessary to structure the support process differently due to technical/operational reasons, Seller reserves the right to increase, decrease, or redetermine the number of companies to be supported or designated as reserves.

In this context, the number of companies to be supported is ultimately at Seller's discretion and will be determined based on Buyers' votes and general application requirements.

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9. Use of Returns for the Benefit of the Community

 

Seller plans to allocate 10% of the net proceeds from the auction sale of the collective Artwork, as well as the returns obtained from the supported companies, for the benefit of the Community formed by the Buyers.

 

Within this scope, the resources obtained are foreseen to be used, by way of example, to provide the following social, cultural, and economic benefits:

 

• Free access to digital art exhibitions or green innovation exhibitions,

• Organization of art and creativity workshops,

• Cultural event scholarships for Community members,

• Priority or discounted access for Community members to products released by the supported companies,

• Exclusive “pre-launch” or “trial” rights reserved for the Community,

• Online trainings and webinars (in areas such as green economy, art, entrepreneurship, etc.),

• Local or digital workshops/hackathons…

 

The examples listed above are not exhaustive, and similar types of social, cultural, and economic projects for the benefit of the Community may also be considered.

 

The final usage plan and benefit criteria of the resources will be determined upon the completion of the project and, in line with the principle of transparency, will be shared with the Buyers via Yontuart Platforms and its official social media accounts.

 

10. Statement of No Investment Incentive and Disclaimer of Liability

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​10.1. The Buyer acknowledges, declares, and undertakes that their participation in this project is limited solely to the purchase of an Artwork that holds artistic and collectible value, and that the auction processes related to the Digital Representation and/or Collective Work do not constitute any investment activity, expectation of profit, revenue sharing, or partnership relationship of any kind.

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10.2. Seller makes no representations or guarantees regarding the future economic, cultural, or collectible value of the Digital Representation or the Collective Work. The Buyer further acknowledges that, although the sales activities may be of a commercial nature, the proceeds generated from such activities may be used at Seller’s discretion to support artistic, cultural, and social projects.

This project shall not be considered an investment instrument, a collective investment scheme, or any similar financial product under the regulations of the Capital Markets Board of Turkiye (SPK) or any other financial authority.

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10.3. In the event that the companies or initiatives selected for support are no longer eligible for support due to any current circumstances that would affect their realization, such as not reaching a sufficient number of investors or being suspended, or changing conditions that would affect their eligibility under any legal regulations, or if reasonable doubts arise regarding the applicability of the support, or if additional new companies need to be identified to evaluate the remaining support amount; Seller reserves all rights to reorganize the companies to be supported by the reserve companies and initiatives selected. This will be announced to Buyers, along with the reasons affecting the decision-making process, on Yontuart Platforms and social media accounts.

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10.4. Shares/rights received from the selected companies will be transferred only on a reward basis, and Seller is not responsible for any consequences such as the future commercial activities, investment processes, profit or loss status, bankruptcy, liquidation or cessation of operations of the relevant company.

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10.5. Seller makes no commitment regarding the success, revenue generation, or legal or commercial obligations of the company or venture in question. Therefore, Buyers cannot make any material or moral claims against Seller based on any rights granted to them.

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10.6. It is expressly acknowledged that the shares/rights do not constitute any form of security, dividend right, voting right, or partnership interest. The Buyer agrees and declares that it is their sole responsibility to assess the legal nature and scope of such rights.

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11. Pricing

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​11.1. Seller reserves the right to sell and deliver its Artwork to all countries where shipping services are available, provided that it complies with national and international transportation and customs regulations.

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11.2. The sales price includes international shipping costs, standard customs duties, basic import duties, and delivery costs.

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11.3. Seller is not responsible for any delays or additional costs that may arise due to extraordinary, unforeseen, or country-specific regulations, additional document requests, unexpected tax practices, or local restrictions arising from the legislation of the country of delivery.

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11.4. Seller undertakes to diligently carry out all logistical and standard legal procedures within its control to ensure the timely and smooth delivery of the Artwork to the Buyer. However, Seller cannot be held responsible for delays that may occur due to official procedures beyond Seller’s control, transportation delays, or special regulations pertaining to the delivery country.

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11.5. In the event of circumstances beyond Seller’s control, as described above, Seller will provide the best possible support to ensure Buyer does not experience any inconvenience. In the event of any delays or issues during the shipment process, Seller will contact the relevant courier company to monitor the progress and keep the Buyer informed. In such cases, Buyer may contact Seller via the contact form on the website to request support.

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12. Payment

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Payment is made using the payment method selected at the time of ordering. Completion of payment is mandatory for the order to be processed. Seller is not obligated to process orders that have not been paid.

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13. Delivery of the Physical Artwork

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​13.1. The physical Artwork shall be securely packaged to prevent any damage and shipped free of charge to the delivery address specified by the Buyer during the order process. Although Seller takes all reasonable measures to securely package the physical Artwork to prevent damage, Seller shall not be held liable for any damage that occurs during the shipping and transportation process. Any claims related to shipping damage must be directed to the shipping carrier according to their terms and procedures.

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13.2. Once the shipment has been dispatched, the shipment details and tracking number will be sent to the Buyer via the email address provided at the time of order.

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13.3. Seller shall not be held liable for any delays, losses, returns, or delivery issues resulting from incorrect or incomplete contact or delivery information provided by the Buyer.

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14. Memorial Forest and Monument Project

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​14.1. Seller declares its commitment to environmental sustainability and undertakes to establish a Memorial Forest funded by the proceeds from the sale of the Artworks. As part of this initiative, the names and surnames of the Buyers who purchase the first 10,000 Artworks shall be permanently inscribed on a monument to be placed at the entrance of the forest.

The name information to be included on the monument will be processed based on the name and surname provided by the Buyer during the ordering process.

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14.2. By placing an order, the Buyer declares and undertakes that they are making the transaction with prior knowledge and acceptance of this application and the possibility that their name and surname may be included on the monument.

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14.3. Seller shall determine the list of Buyer to be included on the monument based on sales data and shall notify the Buyer of such inclusion either through the contact information provided at the time of the order or via an accessible section on the Yontuart Platforms. By placing an order, the Buyer acknowledges and agrees that they shall have no right to object to the inclusion of their name on the list, request its removal, or assert any claim in relation to this matter. No objections, requests, or complaints regarding the finalized list shall be taken into consideration.

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14.4. This practice constitutes the processing of personal data within the scope of the Law on the Protection of Personal Data No. 6698 (“KVKK”), which was enacted pursuant to Article 20 of the Constitution of the Republic of Turkiye, and is carried out based on the explicit consent of the Buyer. By completing the order process, the Buyer shall be deemed to have given explicit consent for their name and surname to be permanently included on the monument.

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14.5. The forest area, location of the monument, its design, and the timeframe for implementation will be determined by Seller. The scope of the project may vary depending on Seller’s budget and the development of the project. Seller declares that it will make every effort to complete the project, but that the progress of this process may change due to various environmental, legal, or logistical reasons.

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14.6. This project does not create any financial interest, right of ownership, or property relationship. The Buyer acknowledges that the inscription of their name on the monument has only sentimental value and that Seller reserves the right to terminate or modify this process at its discretion.

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15. Right of Withdrawal and Returns

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a) By placing an order through Yontuart Platforms electronically, you acknowledge and accept the pre-information form and the distance sales agreement presented to you.

 

b) Buyers are subject to the provisions of Law No. 6502 on the Protection of the Consumer and the Distance Contracts Regulation (Official Gazette: 27.11.2014/29188), as well as other applicable laws administered by the Ministry of Trade of the Republic of Turkiye regarding the sale and delivery of purchased products.

 

c) As a general rule, consumers have the right to withdraw from distance sales agreements within 14 days from the delivery date. However, according to Article 15 of the Distance Contracts Regulation, the right of withdrawal cannot be exercised for goods made according to the consumer’s specifications or personal needs. Therefore, for custom-made, personalized, or specially designed products, the right of withdrawal does not apply.

 

d) Products can only be returned if they are defective, damaged, incomplete, or do not comply with the specifications stated in the order.

 

e) Purchased products will be delivered complete and in accordance with the specifications stated in the order, along with any warranty certificates, user manuals, or other relevant documents if available.

 

f) The sales price includes international shipping costs, standard customs duties, basic import duties, and delivery costs.

 

g) For delivery time, please see "section 5. Delivery Schedule".

 

h) Buyer must perform necessary inspections before accepting delivery of the Artwork. Artwork that appear dented, broken, or with torn packaging should not be accepted from the courier. Artworks accepted are deemed to be intact, complete, and undamaged. After delivery, the Participant is responsible for handling and preserving the Artwork with care, please see User Manual for proper maintanence.

 

i) If the delivery of the purchased product becomes impossible for any reason, Seller must notify the Buyer electronically within 3 days of becoming aware. In this case, the Seller shall refund the paid amount and any additional costs within 14 days.

 

j) If unforeseeable force majeure prevents timely delivery, the Buyer will be notified and may request order cancellation, replacement with a similar product, or postponement until the obstacle is removed.

 

In case of cancellation:

• For cash payments, the amount will be refunded within 14 days.

• For credit card payments, the refund will be issued to the bank within 14 days, but it may take 2–3 weeks for the bank to credit the Buyer's account.

 

k) If the Buyer fails to pay for the purchased product or the payment is canceled in the bank/financial institution records, Seller's obligation to deliver the product is nullified. This may occur due to unauthorized use of the credit card, bank cancellation, or technical issues. Seller reserves the right to cancel the order; Buyer cannot claim any rights or compensation.

 

l) If, after delivery, it is determined that the Buyer's credit card was used by unauthorized persons and the payment is not received by Seller, the Buyer must return the product within 3 days. Shipping costs will be covered by Buyer. Seller reserves the right to cancel or remove the relevant artwork from the project. Buyer cannot claim any rights, compensation, or refunds in this case.

 

m) If Buyer defaults on credit card payment, they are liable for interest and fees according to the credit card agreement with the bank.

The bank may take legal action to collect the receivable and may claim related costs from the Buyer.

Any losses or damages incurred by the Seller due to delayed payment will be borne by the Buyer.

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16. Age Requirement: 18 and Over and Underage Participants

 

16.1. By registering on the Yontuart Platforms or purchasing a product, the Buyer declares that they are of legal age (18 years or older).

 

Underage Buyers may only perform transactions with the explicit consent of their legal guardians. Any transactions carried out without such consent may be deemed invalid, and all legal and/or financial liability arising therefrom shall rest with the relevant Buyer and/or their legal guardian.

 

16.2. Purchases made by underage Buyer will only be considered valid if approved by their legal guardian. Seller reserves the right to request proof of such consent or authorization from the Buyer and/or their legal guardian, if deemed necessary​

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17. General Provisions

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17.1. This Agreement governs the conditions of being a Buyer and the rights of the Buyer. Seller reserves the right to take necessary measures regarding Buyers who fail to comply with the terms of this Agreement or provide incomplete or inaccurate information.

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17.2. Seller may modify and/or remove any information on the Yontuart Platforms at any time, without prior notice or warning.

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17.3. Seller shall announce changes and updates related to the project to Buyers at intervals determined solely by Seller via the Yontuart Platforms or its social media accounts.

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17.4. Seller reserves the right to make changes to all terms and conditions of this Agreement, its auctions and all similar activities. Such changes will be announced via the Yontuart Platforms, social media accounts, or through the contact information provided by Buyers during registration. Buyers and relevant parties will be notified of these changes through these communication channels.

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17.5. All data on the Yontuart Platforms are collected in good faith and are believed to be accurate, valid, reliable, and effective, but without any warranty or guarantee that they constitute a basis for any decision under any circumstances. Seller shall not be liable for any direct or indirect damages arising from the use of the data and resources on the Yontuart Platforms.

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18. Dispute Resolution

Any disputes arising from the application or interpretation of this Agreement shall be governed by the laws of the Republic of Turkiye.

If the Buyer resides within the borders of the Republic of Turkiye, the Consumer Arbitration Committees at the provincial or district level where the Buyer is domiciled shall have jurisdiction within the monetary limits set annually by the Ministry of Trade of the Republic of Turkiye; disputes exceeding these limits shall fall within the jurisdiction of the Consumer Courts.

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If the Buyer resides outside the borders of the Republic of Turkiye, the exclusive jurisdiction for the resolution of any disputes arising from this Agreement shall be Izmir Central Courts and Enforcement Offices located in Turkiye.

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The Parties expressly agree and declare that this provision constitutes an exclusive jurisdiction agreement.

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19. Effective Date

The Buyer declares that they have read, understood, and accepted all provisions of this Distance Sales Agreement available on the Yontuart Platforms by electronically approving it. The Agreement shall come into effect as of the date the Buyer completes the electronic approval (checkbox selection) process.

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Yontuart Global Sanat ve Teknoloji A.S.

Agreement Approval Date: The date the order is created shall be considered as the approval date.
Approval Method: Electronic approval (checkbox selection)