ARTICLE 1 – PARTIES

This Membership Agreement has been concluded between: WIND WINGS PARAGLIDING TRAVEL LIMITED COMPANY (Specifically referred to as "SELLER" or www.windwings.com.tr in the Agreement), operating at ÖLÜDENİZ MAH. OKTAY SİDEKLİ CADDESİ NO: 9/A FETHİYE/MUĞLA, which is a service provider pursuant to the Law No. 6563 on the Regulation of Electronic Commerce, AND

The "BUYER" who uses the website with the domain name www.windwings.com.tr as a "Member" or "Visitor".

ARTICLE 2 – PURPOSE OF THE AGREEMENT

This Distance Sales Agreement ("Agreement") has been prepared in accordance with the Law No. 6502 on the Protection of Consumers ("Law") and the Regulation on Distance Contracts No. 20237. It determines the conditions under which the products and services will be offered to the User on the website with the domain name www.windwings.com.tr owned by WIND WINGS TURİZM and/or via mobile application stores.

WIND WINGS TURİZM is an electronic commerce service that provides product supply and services to its users. These services are provided through the website broadcasting on the www.windwings.com.tr domain name.

The parties to this Agreement accept and declare that they know and understand their obligations and responsibilities arising from the Law and the Regulation on Distance Contracts under this Agreement. Those who use this website, whether visitors (visitor: those who are not members but benefit from www.windwings.com.tr services in a limited way) or members (member: users who register by giving their personal information to www.windwings.com.tr), undertake to act in accordance with the provisions of this agreement.

ARTICLE 3- SUBJECT AND SCOPE OF THE AGREEMENT

3.1. The subject of this Agreement constitutes the determination of the rights and obligations of the parties in accordance with the provisions of the Law and the Regulation on Distance Contracts No. 20237 regarding the sale and delivery of the goods or services possessing the characteristics specified in the Agreement, which the BUYER orders electronically for the purchase of goods or services ("Products") from the website with the domain name www.windwings.com.tr ("Website").

3.2. After the BUYER approves this Agreement on the website, the price and expenses of the Product(s) ordered will be collected via the payment method chosen.

ARTICLE 4- PRODUCTS SUBJECT TO THE AGREEMENT AND THEIR PRICES

4.1. The announced prices and promises are valid until they are updated and changed. Periodically announced prices are valid until the end of the specified period.

4.2. Prices regarding the Products are determined separately for each product, excluding shipping costs, and are shown on the products page.

ARTICLE 5- DELIVERY COSTS AND PERFORMANCE

5.1. Delivery Address: The delivery address is the address determined by the member or user when registering to www.windwings.com.tr/ or completing the order of the product provided.

5.2. Shipment of the Products will start within 7 (seven) business days at the latest following the order by the BUYER, if they are in stock.

5.3. The SELLER will deliver the goods or services subject to the Contract to the BUYER intact, complete, in accordance with the qualifications specified in the order, and with user manuals, if any, in accordance with consumer legislation.

5.4. The Product will be delivered to the address specified by the BUYER in the order form and in this Agreement and to the authorized person/persons specified. If there is no one at the address to receive delivery, it is the BUYER's responsibility to contact the cargo company and track the shipment of the Product. If the Product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible for the person/organization to be delivered not being at the address or not accepting the delivery. In these cases, any damages arising from the BUYER receiving the Product late and the expenses incurred due to the Product waiting at the cargo company and/or the cargo being returned to the SELLER belong to the BUYER.

5.5. In case the cargo company that will make the delivery does not have a branch in the location where the BUYER is located, the BUYER must receive the Product from another nearby branch to be notified by the SELLER. In this regard, the BUYER will be informed via email, SMS, or telephone.

5.6. Unless there is a provision to the contrary, delivery costs of the Product belong to the BUYER. If the SELLER has declared on the Website that the delivery fee will be covered by them specifically for the relevant order, the delivery costs will belong to the Seller.

5.7. Delivery of the goods; It is made within the promised time if the SELLER's stock is available and after the payment is realized. Provided that the cases where the fulfillment of the Product supply subject to the order becomes impossible are reserved, the SELLER delivers the Product within 30 (thirty) days from the ordering of the goods or services by the Buyer.

5.8. If the Product cannot be delivered within the 30 (thirty) day period due to extraordinary situations outside normal sales/delivery conditions (such as weather opposition, heavy traffic, earthquake, flood, fire), the SELLER informs the BUYER regarding the delivery. In this case, the BUYER may cancel the order, order a similar product, or wait until the end of the extraordinary situation.

5.9. If for any reason the price of the goods or services is not paid by the BUYER or the payment made is canceled in the bank records, the SELLER represents deemed to be relieved of the obligation to deliver the goods or services.

5.10. In cases where the fulfillment of the goods or service performance subject to the order becomes impossible, the SELLER will inform the BUYER within 3 (three) days from the date of learning this situation and will return all payments collected, including delivery costs if any, within 14 (fourteen) days at the latest from the notification date.

5.11. The BUYER is responsible for checking the Product as soon as they receive it and responsibly for not accepting the Product and having a report kept by the cargo company official when they see a problem arising from the cargo in the Product. Otherwise, the SELLER will not accept responsibility.

5.12. Unless otherwise foreseen in writing by the SELLER, the BUYER must have paid the price of the Product completely before receiving the Product. In cash sales, if the Product price is not fully paid to the SELLER before delivery, and in installment sales, if the due installment amount is not paid, the SELLER may unilaterally cancel the Agreement and may not deliver the Product.

5.13. If for any reason the payment made by the BUYER is canceled in the bank records, the SELLER is deemed to be relieved of the obligation to deliver the Product. If the bank or financial institution does not pay the price of the goods or services to the SELLER due to the unfair or unlawful use of the credit card belonging to the BUYER by unauthorized persons not caused by the BUYER's fault after the delivery of the Product, the BUYER is obliged to return the goods or services to the SELLER within 3 (three) days provided that they have been delivered to them. In this case, delivery expenses belong to the BUYER.

ARTICLE 6- REPRESENTATIONS AND UNDERTAKINGS OF THE BUYER

6.1. The BUYER declares that they have read and informed themselves about the preliminary information uploaded by the SELLER regarding the basic characteristics, sales price, and payment method, as well as delivery and cargo fee of the Products subject to the Agreement on the www.windwings.com.tr website and have given the necessary confirmation electronically.

6.2. The BUYER, as a consumer, can convey their requests and complaints using the SELLER contact information above and/or via the info@www.windwings.com.tr address.

6.3. By confirming this Agreement and the relevant Clarification Text electronically, the BUYER confirms that they have accurately and completely obtained the address, basic features of the ordered goods or services, the price of the goods or services including taxes, payment and delivery and delivery price information that must be given to the BUYER by the SELLER before the conclusion of distance contracts.

6.4. In case the BUYER is a legal entity, the BUYER will not be able to benefit from the rights under the Law, especially the right of withdrawal, for the Products purchased for commercial or professional purposes. In addition, in cases where the BUYER is a legal entity, in accordance with tax legislation, in addition to the cases where a return invoice must be issued legally by the BUYER, the section related to return on the invoice to be returned together with the Product will be filled in and signed. Order returns invoiced on behalf of legal entities will not be accepted if a return invoice is not issued.

6.5. This Agreement and the Clarification Text will be sent to the BUYER by email after the Agreement is established by being approved by the BUYER on the Website. The BUYER understands and accepts that the Agreement and the Preliminary Information Form can be accessed from here as desired. The mentioned texts will be stored by the SELLER for a minimum of 3 (three) years.

6.6. In case the BUYER defaults on transactions made with a credit card, the cardholder will pay interest within the framework of the credit card agreement made with the bank and will be responsible to the bank. In this case, the relevant bank may apply for legal remedies; may demand the arising expenses and attorney's fee from the BUYER and in any case, if the BUYER defaults due to their debt, the BUYER will be responsible for the damage and loss suffered by the SELLER due to the delayed performance of the BUYER's debt.

ARTICLE 7- RIGHT OF WITHDRAWAL

7.1. The BUYER has the right to withdraw from this Agreement within 14 (fourteen) days from the date of receiving the Product without showing any reason and without paying any penal clause. The BUYER may also use the right of withdrawal within the period until the delivery of the goods.

7.2. While returning the product/s within the scope of the right of withdrawal, the BUYER marks the return reason containing "returning the products due to the right of withdrawal" among the return reasons on the e-invoice printout, signs it with a wet signature, and gives it to the cargo to be sent to the warehouse address where the products will be returned.

7.3. To exercise the right of withdrawal, the BUYER;

7.3.1. In case of being a member of the Website, beneath the Membership > My Account > My Orders heading, by finding the order and selecting the product they want to return and the return reason, can send the product/s to the return address by signing the e-invoice printout that comes with the order,

7.3.2. Can follow the directions provided to them by reaching customer services via the ……….. phone number or

7.3.3 Can follow the steps in Article 6.2.

The BUYER must return the goods within 10 (ten) days from the date of exercising the right of withdrawal depending on the method preferred. The invoice of the Product, the box of the goods, packaging, standard accessories if any, and other products gifted with the Product must be returned complete and undamaged. The BUYER is not responsible for changes and deteriorations that occur if they use the goods in accordance with its functioning, technical specifications, and usage instructions within the withdrawal period. Accordingly, if there is a change or deterioration due to the Product not being used in accordance with usage instructions, technical specifications, and functioning in the process until the withdrawal date, the BUYER may lose the right of withdrawal; depending on the SELLER's discretion, a deduction may be made from the Product price to be returned as much as the change / deterioration.

7.4. Within 14 (fourteen) days from the BUYER exercising their right of withdrawal, all payments made by the BUYER regarding the relevant Product, including delivery costs of the Product if any (provided that goods are sent back via the carrier specified by the SELLER for return), will be returned to the BUYER in accordance with the payment tool used while purchasing and without bringing any expense or obligation to the consumer and at once. Since the reflection of the Product price return transaction to the bank by the SELLER to the BUYER accounts is a process entirely related to the bank in transactions made with a credit card, the BUYER accepts in advance that it will not be possible for the SELLER to intervene and undertake responsibility in any way for possible delays.
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7.5. In accordance with the legislation, the BUYER does not have the right of withdrawal in the following cases:

7.5.1. In contracts regarding goods or services whose price changes depending on fluctuations in financial markets and which are not under the control of the SELLER (e.g. gift items such as gold/silver)

7.5.2. In contracts regarding the delivery of goods prepared in line with the BUYER's wishes or explicitly their personal needs, which are not suitable for return by their nature and which are in danger of spoiling quickly or whose expiration date is likely to pass;

7.5.3. From goods whose protective elements such as packaging, tape, seal, package are opened after delivery; in contracts regarding the delivery of those whose return is not suitable in terms of health and hygiene;

7.5.4. In contracts regarding goods that are mixed with other products after delivery and which are not possible to be separated by their nature;

7.5.5. In contracts regarding books, audio or video recordings, software programs, and computer consumables offered in tangible environment provided that protective elements such as packaging, tape, seal, package are opened by the BUYER;

7.5.6. In contracts regarding the delivery of periodicals such as newspapers, magazines, other than those provided under the subscription agreement;

7.5.7. In contracts regarding the evaluation of leisure time made for the purpose of accommodation, goods transportation, car rental, food and beverage supply, and entertainment or recreation, which must be done on a specific date or period;

7.5.8. In contracts regarding the performance of betting and lottery services;

7.5.9. In contracts regarding services started to be performed with the approval of the consumer before the right of withdrawal period expires; and

7.5.10. In contracts regarding services performed instantly in electronic environment and intangible goods delivered instantly to the consumer (such as coupons).

7.5.11. The right of withdrawal cannot be used regarding goods or services excluded from the scope of the Regulation on Distance Contracts (delivery of foodstuffs, beverages or other daily consumption items delivered to the BUYER's residence with the SELLER's regular deliveries and services in areas such as travel, accommodation, restaurants, entertainment sector).

7.5.12. Additionally, legal entity BUYERS do not have the right of withdrawal.

7.5.13. In cases where the right of withdrawal is used for all or part of the order subject products (benefited by the BUYER if any), if the minimum shopping amount in the SELLER's free cargo (delivery) campaign is dropped below as a result of the right of withdrawal, the entire uncollected delivery-cargo fee within the scope of the campaign is deducted from the amount to be returned to the BUYER. In cases where the BUYER pays delivery-cargo fee, this entire fee is returned to the BUYER.

ARTICLE 8- REWARDS AND PROMOTIONS

8.1. Regarding reward points allowing discounts etc. in shopping on the Website, in case a refund is required to be made to the BUYER due to withdrawal from this Agreement or termination or cancellation of the Agreement, the amount (monetary value) of said reward points, gifts, and similars are taken back from the BUYER. The take-back process is primarily made from the BUYER's existing reward points in the system, if not available, by deducting in cash from the price the SELLER will return to the BUYER.

8.2. If payment was made to the SELLER partially/completely with reward points etc. by the BUYER in the Product shopping subject to this Agreement, in cases where the Product price is to be refunded to the BUYER pursuant to this Agreement, the reward points and similars used by the BUYER while purchasing the Product from the Website can be returned to the BUYER (again as points).

8.3. In cases where unfair reward point acquisition or use is detected by the BUYER in any way, the monetary value of said reward points may be collected from the BUYER (from credit card, in cash and other legal methods) by the SELLER. This provision is also valid for the cost of goods given as gifts to the BUYER by the SELLER.

8.4. Cash money demands in return for reward points, gift vouchers etc. earned from the SELLER or used before the SELLER are not accepted under any circumstances.

8.5. The above provisions are applied by analogy in reward point acquisitions and uses the BUYER acquires directly from the SELLER, if any.

8.6. In all cases where the BUYER earns a discount by shopping for a minimum amount in any SELLER campaign, receives a free (gift) product or wins/uses a gift voucher etc., in cases where the said minimum amount is dropped below as a result of using the right of withdrawal, the condition of winning/using gift voucher etc. disappears or generally the campaign conditions cannot be fulfilled by the BUYER, the entire discount (gift product price if any) is deducted from the amount to be returned to the BUYER. If the BUYER has earned (virtual/physical) gift voucher, points etc. due to shopping, this is canceled and if (virtual or physical) gift voucher, points etc. have been used, the entire amount of these is also deducted from the amount to be returned to the BUYER. In cases where the amount to be returned to the BUYER is not enough, the relevant discount/gift product price/gift voucher/point price is collected from the payment tool (including credit card etc.) used by the BUYER during shopping.

8.7. These provisions apply in cases where the right of withdrawal is used, excluding liability for defects.

ARTICLE 9- RESOLUTION OF DISPUTES

9.1. In disputes that may arise from this Agreement, Provincial and District Consumer Arbitration Committees are authorized within the monetary limits determined-announced every year by the Ministry of Trade pursuant to the law, and Consumer Courts are authorized in cases exceeding these limits. In this context, the BUYER may apply to Arbitration Committees or Consumer Courts in their or if they wish in the SELLER's settlement (residence).

9.2. Any correspondence to be made between the parties under this Agreement will be made via email, except for the mandatory cases listed in the legislation. The BUYER accepts, declares and undertakes that in disputes that may arise from this Agreement, the SELLER's official books and commercial records, electronic information kept in its own database, servers and computer records will constitute binding, definitive and exclusive evidence, and that this article is in the nature of an evidential contract within the meaning of Article 193 of the Code of Civil Procedure No. 6100.

This Agreement consisting of 9 (nine) articles has been read by the parties and concluded and entered into force by being approved electronically by the BUYER on [……...].

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