DISTANCE SALES AGREEMENT

1. PARTIES

This Agreement has been signed between the following parties under the terms and conditions set forth below.

A. 'BUYER'; (hereinafter referred to as "BUYER" in the contract)

NAME-SURNAME:
ADDRESS:

B. 'SELLER'; (hereinafter referred to as "SELLER" in the contract)

By accepting this agreement, the BUYER acknowledges that if they confirm the order, they will be obligated to pay the price of the order and any additional fees such as shipping costs and taxes, and that they have been informed of this obligation.

2. DEFINITIONS

In the application and interpretation of this agreement, the terms listed below shall have the meanings given in writing opposite them.

MINISTER: The Minister of Customs and Trade,

MINISTRY: The Ministry of Customs and Trade,

LAW: Law No. 6502 on Consumer Protection,

REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)

SERVICE: Any consumer transaction other than the provision of goods, performed or promised to be performed in exchange for a fee or benefit.

SELLER: A company that offers goods to a consumer within the scope of its commercial or professional activities, or that acts on behalf of or for the account of a supplier of goods.

BUYER: A natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes.

SITE: The seller's website,

ORDERER: The natural or legal person who requests a good or service through the SELLER's website.

PARTIES: The SELLER and the BUYER,

AGREEMENT: This agreement is concluded between the SELLER and the BUYER.

GOODS: Refers to movable property that is the subject of a transaction, and intangible goods such as software, audio, video, and similar items prepared for use in electronic environments.

TOPIC 3

This Agreement regulates the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, ordered by the BUYER electronically through the SELLER's website.

The prices listed and advertised on the site are the selling prices. Advertised prices and terms are valid until updated or changed. Prices advertised for a limited time are valid until the end of the specified period.

4. SELLER INFORMATION

Company Name: Balorama Gaming Equipment
Address: IOSB Çorapçılar San. Sit. H Blok No:5,6,7 and 8 Başakşehir / ISTANBUL
Phone: 0212 549 89 60
Fax: 0212 549 95 29
Email: info@balorama.com.tr

GENERAL PROVISIONS

1. Acceptance:

All sales terms and conditions stated below are deemed to have been read, understood, and fully accepted by the customer placing the order. Your order is considered accepted and confirmed upon receipt of the deposit for the items, goods, and products described in your order. Unless otherwise agreed in writing and signed by Balorama Oyun Ekipmanları San Tic. Ltd. Şti. (hereinafter referred to as Balorama), Balorama will not accept different or additional terms. These terms and conditions are specific and supersede all other terms and conditions arising in the buyer's order or elsewhere, and are valid for all orders accepted and all prices given by Balorama unless otherwise stated in the order confirmation. Balorama is not responsible for typographical or writing errors in price quotes, orders, or Balorama publications.

2. Payment:

Payment will be made as follows: for all items produced to order or for items not in stock at the time the buyer sends the order confirmation, the Buyer shall pay a 40% deposit. This will be notified to the buyer by Balorama at the time stipulated in the proforma or offer, and the balance payment will be made before the shipment date of the goods. For orders of goods and equipment in stock, payment will be made upon confirmation and return of the order confirmation by the buyer. Payment will be by bank transfer or credit card in the currency specified in the order form. Balorama may, at its sole discretion, refuse to produce any goods if it has doubts about the buyer's ability to pay, until full payment is received.

Pricing: Unless otherwise stated, prices are exclusive of VAT. If on-site assembly is required, the transportation, accommodation, and similar expenses of the assembly team will be priced separately and passed on to the Buyer. For domestic sales, prices in foreign currency will be converted to Turkish Lira using the Central Bank of Turkey exchange rate on the invoice date.

3. Installation:

Goods will be loaded from Balorama’s facility as Factory Delivered. The entire risk of loss passes to the buyer when Balorama dispatches the order or part of the order to the carrier. If the buyer does not specify a preferred loading method, Balorama will determine the loading method at its discretion. Balorama uses services from well-known large carriers and shipping services, and freight forwarders for foreign orders. All costs and expenses related to loading, including insurance, customs charges, customs duties and taxes, etc., will be the sole responsibility of the buyer. Unless the buyer requests otherwise and pays all loading costs to Balorama in advance, loading will be done on a freight payable at destination basis. Unless otherwise specified, shipments will not be insured, and Balorama accepts no responsibility for appraising the value of the shipment unless requested by the buyer. Partial loading may be undertaken by Balorama for any order to ensure the earliest possible shipment of the ordered goods, but partial loading will not be undertaken unless full payment for the entire order has been made to Balorama. All orders must be paid in advance to the Balorama account at least 48 hours prior to the estimated shipment date listed on the order. Payment for all orders must be made 48 hours prior to the agreed shipment date. Otherwise, orders will be subject to resale, storage fees, cancellation fees, and loss of deposit. Goods held in Balorama's warehouse for more than 30 days after the delivery date are subject to daily storage and service charges, even if full payment has been received.

4. Delivery:

The estimated delivery date is a time estimate applied by Balorama based on when the current expected factory load order will be loaded upon receipt of the deposit and is not an implied guarantee. Balorama will not be liable for damages or delays caused by reasons beyond its control and not resulting from its own fault or negligence, including but not limited to force majeure events such as government coups, floods, epidemics, quarantine restrictions, strikes, shipping embargoes or delays, and severe weather conditions. Balorama will not be liable for damages to the buyer if the delay is caused by the fault or delay of a Balorama subcontractor and such delay is beyond the control of Balorama or the subcontractor.

5. Limited warranty:

Balorama provides the buyer with a limited warranty and guarantees that the product will be fit for its intended use and in a marketable condition, free from defects in workmanship and materials, only for the periods and product types specified in the following category.

a) Inflatable Games, Trampolines and Softplay Play Areas

Two (2) years after the date of shipment to the recipient. (This warranty does not cover replaceable covers, nets, ladders and components designed to prevent wear and tear on the unit.) (Digital printing is not covered by any implied warranty.)

(b) This warranty does not cover wear and tear caused by normal or excessive use. If, during a repair inspection, it is determined that the products have been damaged due to misuse or overloading by the user, the affected areas will not be covered by our normal warranty. Balorama is not obligated to provide a loaner product during the repair of a product under warranty.

c) Parts and components ordered from Balorama: (30) days after the date of delivery to the buyer.

d) No warranties are given by Balorama for other equipment (by Balorama and its suppliers). However, at the request of the buyer and to the extent legally and contractually permissible, Balorama will provide all warranties offered by the manufacturer or supplier of such other equipment.

e) Products with a color different from that shown in Balorama's catalog will not be considered defective, and no guarantee is given regarding color. All buyer requests regarding warranty claims and replacements are subject to prior approval from Balorama. All warranty claims are subject to product inspection at Balorama's manufacturing facility.

f) Buyer: The buyer shall ship the goods to Balorama at their own expense and only through carriers designated by Balorama. The buyer is responsible for packaging, protecting, and securing the return shipment. Balorama will not cover damage during inbound and outbound shipping caused by improper packaging.

g) Normal wear and tear will not invalidate Balorama's limited warranty, however, misuse, improper handling or storage, faulty repair, faulty maintenance and service, or accidental, bad or negligent operation will invalidate Balorama's warranty.

h) This warranty does not guarantee against tears or punctures that may occur at various times due to use, handling, and storage. These are the responsibility of the buyer.

i) If a returned product is assessed within the first 120 days after the delivery date and found to be defective, and if the product's warranty is still valid, Balorama will cover the shipping costs for the repaired or replaced product and reimburse the buyer for the shipping costs related to the warranty. Otherwise, all shipping costs will be borne solely by the buyer. Balorama will under no circumstances cover international shipping costs.

j) Warranty claims must be submitted to Balorama in writing (via e-mail or fax); do not contact the sales office or personnel directly. The receipt and processing of the claim will be communicated directly to the contact information on the claim form by the Balorama warranty/quality department.

6. Inspection:

The buyer shall inspect the product(s) immediately upon receipt and shall notify Balorama in writing within 15 days of discovering, or being required to discover, the facts on which the claim is based, including any breach of warranty. Failure by the buyer to submit a written notification of claim within the inspection period shall be deemed to constitute a waiver of claims for defective products, a relinquishment of the right to reject the goods, and shall be considered conclusive proof that the product(s) were received by the buyer without defects. The buyer may not put into use products assembled by the seller without signing the assembly approval form.

7. Disclaimer:

The conditions in paragraph 5 are Balorama's own responsibility, and Balorama does not accept any warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, and all other warranties arising from the course of use or operation and custom, whether such purpose or conditions are described herein. Balorama also disclaims any liability to the purchaser or any other person for any loss or damage to property or value, or personal injury, arising from a product that has been misused, negligently or accidentally, or subjected to improper application or modification or repair by unauthorized persons, or improperly installed or maintained.

8. Limitation of Liability:

Balorama shall under no circumstances be liable for any resulting, penalty, delay or particular damage, loss or expense arising out of or in connection with the use or non-use of the goods for any reason whatsoever, or from Balorama’s operation or omission or lack of performance or execution by Balorama or the buyer or from this order confirmation. In any and all instances where Balorama is found liable, notwithstanding the restrictions and exclusions in paragraphs 7 and 8, Balorama shall not be liable to any person or entity, including but not limited to the buyer or the buyer’s customers, for damages exceeding the amount paid by the buyer for the goods and confirmed in this order.

9. Tolerances:

All dimensions stated in catalogs or elsewhere relating to products sold by Balorama are approximate values and within industry tolerances.

10. Patents:

Balorama does not guarantee that the goods will be shipped independently of a justified claim by a third party through infringement or similar means. If Balorama, in its sole discretion, determines that the manufacture, use or sale of the goods will result in any patent infringement, Balorama reserves the right to discontinue the manufacture and/or shipment of the goods without incurring any liability to the Buyer.

11. Modifications:

Prices are subject to adjustment if the buyer requests changes in the specifications, quantity or delivery conditions. All paragraphs of this order confirmation shall apply to the goods to which such changes may be applied and changes to the terms and conditions shall not be binding on Balorama unless they are stated in a written statement signed by Balorama and the modification of the conditions or the nature of the modification is clearly stated. This order shall not be changed within two (2) weeks prior to the foreseen loading date unless Balorama and the buyer mutually agree on a suitable change order fee and a new suitable loading date.

12. Cancel:

The buyer may cancel this order in whole or in part by giving written notice to Balorama within fourteen days prior to the anticipated shipment date. Orders cancelled before fourteen days prior to shipment will be subject to the following charges and fees, including but not limited to: credit card processing and discounting fees, bank charges and stocking fees. The buyer will be responsible for paying the cancellation costs unless the order is cancelled within fourteen days or on the fourteenth day prior to the anticipated shipment date. These costs will consist of (1) the price of the goods shipped and not prepaid; plus (2) the actual costs incurred by Balorama, including but not limited to the cost of components and materials purchased for use in the production of the goods not shipped at the time of reduction or cancellation; plus (3) Balorama’s profit and reasonable overheads resulting from Balorama’s full performance; plus (4) the cost of engineering services, prototypes, tests, mold systems and similar items produced for the buyer; plus (5) the sum of reasonable expenses incurred by Balorama for the realization and fitting of the collection. In no event shall the buyer's order cancellation fee be less than ten percent (10%) of the total order value. However, if the buyer complies with the condition in the first sentence of this 12th paragraph, no such cancellation fee will be charged, apart from credit card discount fees. (Custom parts of any kind cannot be cancelled after production has been scheduled.)

13. Returns:

For every item purchased from Balorama and returned for reasons unrelated to a warranty claim, the buyer will be charged a restocking fee of twenty-five percent (25%) of the price of the returned item(s). Balorama will not accept returns of custom items, including banners, custom designs, and items with custom-ordered colors.

14. Taxes:

All charges are subject to any applicable state and local taxes at the point of delivery. The buyer will pay any such taxes imposed on this order and any associated penalties and interest.

15. Interpretation:

The rights and obligations arising from this agreement with Balorama are determined according to the Turkish Commercial Code, which is in effect in Türkiye, without applying the rule of law or the United Nations Convention on Product Sales Contracts (regarding foreign shipments).

16. Use and Indemnification:

The Buyer is solely responsible for the manner in which the products and other equipment are used. The Buyer is solely responsible for marking, labeling and warnings to customers or other users of the products and equipment, and for user warnings and restrictions (e.g., weight, height, age, medical condition limitations) to guarantee user safety. The Buyer shall use the necessary stake attachment and other applicable devices to ensure user safety. The Buyer agrees to indemnify, defend and hold harmless Balorama from any and all damages arising from or in connection with the use of the products and goods described herein, or from a breach of the terms of this order confirmation, from the conduct and complaints of third parties, including the Buyer's customers and users of the products and goods sold to the Buyer. The Buyer shall pay Balorama's legal costs and expenses should Balorama be required to bring legal action to ensure this condition is met. Inflatable Games, Trampolines and Softplay Playgrounds cannot be used without fixed warnings and usage rules on the product. If these warnings are missing, lost or erased from the product, the Buyer is obliged to decommission the product and obtain replacements from the seller immediately. It is essential for both buyers and operators to comply with these rules and perform daily routine checks. Terms of use, operating information, and daily check plans can be downloaded from www.balorama.com.tr or obtained via email from the seller.

17. Integration:

Except as stated herein, there are no express or implied terms, warranties, or conditions, and no agreement or waiver shall be binding on the parties unless signed by the buyer and approved by Balorama. This order confirmation contains all promises, warranties, terms, and conditions between the parties and shall supersede any verbal or signed promises and commitments and any prior agreements.

18. Copyright:

All logos, product images, trademarks, artwork, writings, photographs, and designs used to sell the Seller's products, including Balorama products, are registered trademarks, and the Seller has the privilege and license to use these elements. Unauthorized reproduction of these elements constitutes copyright infringement and is punishable by law.

19. Applicable Laws:

Jurisdiction and area of jurisdiction: In the event of a legal dispute between the parties under the provisions of this agreement concerning the order or the product delivered to the buyer, the case shall be conducted in accordance with the laws of the Republic of Turkey and by the Courts of Istanbul.

This document supersedes all existing written and published sales literature by the "Seller" in mail or on the website.

20. Product Usage:

PRICES AND SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE. ALL DIMENSIONS SHOWN ARE DIMENSIONAL, NOT ACTUAL.