Distance Sales Agreement

ARTICLE 1 — PARTIES

1.1. Seller Information

Company Name: Mionti Enerji ve Teknoloji Anonim Şirketi
Trade Name: TOGER
Address: Başak Mahallesi, 5. Etap, 2. Kısım, Abdülhamithan Caddesi No:5, 34306 Başakşehir/Istanbul
Tax Identification Number: 6211099577
Email: info@mionti.com
Telephone: (+90) 212 980 01 44
Website: www.toger.co

1.2. Buyer Information

The Buyer is the natural or legal person who purchases the service under this Agreement and registers with the TOGER mobile application or website (hereinafter referred to as the "Buyer"). The Buyer's identity, contact and billing information consists of the information declared during membership registration.

1.3. Parties to the Agreement

This Distance Sales Agreement has been entered into between Mionti Enerji ve Teknoloji Anonim Şirketi (the "Seller" or the "Company") on the one hand and the Buyer on the other hand, under the following terms and in accordance with Consumer Protection Law No. 6502 and the Regulation on Distance Contracts. The Seller and the Buyer shall each be referred to individually as a "Party" and collectively as the "Parties".

ARTICLE 2 — SUBJECT MATTER

This Agreement regulates the terms of the charging service provided to the Buyer within the scope of the electric vehicle charging network operated by the Seller under the TOGER brand, the sale of electrical energy performed in consideration of such service, and the mutual rights and obligations of the Parties.

This Agreement has been prepared in accordance with Article 48 of Consumer Protection Law No. 6502 and the provisions of the Regulation on Distance Contracts and covers the principles governing the Buyer's purchase of services through means of distance communication.

ARTICLE 3 — DESCRIPTION AND CHARACTERISTICS OF THE SERVICE

3.1. Scope of the Service

The Seller provides a service that enables the Buyer to charge an electric vehicle through AC (slow charging) and DC (fast charging) stations connected to the TOGER charging network. Within this scope, the Seller sells electrical energy to the Buyer in consideration of the charging service.

3.2. Methods of Accessing the Service

The Buyer may access the charging service through the following methods:

1. By scanning a QR code through the TOGER mobile application
2. By presenting the TOGER RFID card
3. By connecting the charging cable in vehicles with the Autocharge feature enabled
4. Through the applications or cards of operators with which TOGER has roaming agreements

3.3. Service Information

The Buyer may access location details, operating hours, technical specifications, availability status and current pricing information concerning TOGER charging stations through the TOGER mobile application, the website (www.toger.co) and the Open Access Platform established by EMRA.

The Seller is responsible for the accuracy of such information at the time it is published. However, the Seller may not be held liable for subsequent changes in the technical condition, availability information or pricing of the stations, or for losses arising because conditions differ when the Buyer arrives at the station.

ARTICLE 4 — SERVICE FEE AND PAYMENT CONDITIONS

4.1. Pricing Principles

The charging service fee is calculated exclusively on the basis of the electrical energy consumed (kWh), in accordance with the EMRA Charging Service Regulation. No additional fee is charged under names such as connection fee, session initiation fee, equipment usage fee or similar.

• Separate unit prices are applied for AC and DC charging stations.
• Current charging tariffs are announced on the Seller's website, mobile application and the EMRA Open Access Platform.
• All prices include VAT.
• The applicable unit price is displayed to the Buyer before the charging session begins.

4.2. Payment Methods

The Buyer may pay the service fee using the following methods:

• TOGER Wallet balance (prepaid system)
• Registered credit card or debit card
• Contactless payment (at designated stations within the scope of EMRA regulations)

4.3. Invoicing and Documentation

After each charging session, the Seller issues the Buyer an invoice or equivalent document showing the amount of energy consumed, the applicable unit price and the total service fee. The invoice is made electronically accessible through the Buyer's account panel in the TOGER mobile application.

4.4. Price Changes

The Seller reserves the right to unilaterally change charging service fees and charging principles. Price changes are announced to the Buyer through the Seller's digital channels before they enter into force. No price change is applied during an ongoing charging session; the tariff in effect at the start of charging remains valid until the end of the relevant session.

ARTICLE 5 — PERFORMANCE AND DELIVERY OF THE SERVICE

5.1. Time of Performance

Delivery of electrical energy takes place simultaneously with the Buyer's initiation of the charging session. The service is performed immediately and is not subject to any delivery period.

5.2. Place of Performance

The service is performed at the TOGER charging station selected by the Buyer.

ARTICLE 6 — RIGHT OF WITHDRAWAL

6.1. Scope of the Right of Withdrawal

Pursuant to Article 48 of Consumer Protection Law No. 6502 and the relevant provisions of the Regulation on Distance Contracts, the Buyer has the right to withdraw from the Agreement within fourteen (14) days without providing any reason and without paying any penalty.

6.2. Circumstances Where the Right of Withdrawal Cannot Be Exercised

Pursuant to Article 15 of the Regulation on Distance Contracts, the right of withdrawal may not be exercised in the following circumstances:

1. Where performance of the service has commenced with the Buyer's approval, the right of withdrawal may not be exercised in respect of services already performed. Starting the charging session means that the Buyer has approved the performance of the service.
2. The right of withdrawal may not be exercised in respect of a TOGER Wallet balance that has been partially or fully used.

6.3. Exercise of the Right of Withdrawal

Where the right of withdrawal is available, meaning that no charging session has yet been carried out and the TOGER Wallet balance has not been used, the Buyer may exercise the right of withdrawal through the following methods:

• By creating a withdrawal request through the TOGER mobile application
• By submitting a written withdrawal notice to info@mionti.com
• By sending a withdrawal declaration to the Seller's address stated above through a notary public or by registered mail with return receipt requested

6.4. Refund in the Event of Withdrawal

If the right of withdrawal is duly exercised, the Seller shall refund all payments collected from the Buyer within fourteen (14) days from the date on which the withdrawal notice reaches the Seller, using a method compatible with the payment instrument used by the Buyer and without imposing any expense or obligation on the Buyer.

ARTICLE 7 — RIGHTS AND OBLIGATIONS OF THE PARTIES

7.1. Obligations of the Seller

• The Seller is obliged to provide the charging service through the TOGER charging network in accordance with EMRA regulations, applicable legislation and the provisions of this Agreement.
• The Seller regularly carries out technical maintenance, safety inspections and necessary repairs of the charging stations.
• The Seller publicly discloses pricing and charging information in a transparent manner.
• The Seller observes the compliance of the payment infrastructure, notification systems and other Third-Party Service Providers used in providing the service with applicable security standards. The Seller's liability for fraudulent transaction notifications or communications intended for fraud that reach the Buyer due to security breaches occurring within the systems of such providers is limited to the duty of care exercised in selecting the provider.

7.2. Obligations of the Buyer

• The Buyer acknowledges that they have read, understood and electronically approved the preliminary information, terms of use and privacy policy available on the Seller's website and mobile application.
• The Buyer acknowledges that the information provided during membership registration is accurate and up to date and that any losses arising otherwise shall be compensated immediately.
• The Buyer shall use TOGER charging stations and systems in accordance with the law, public order, public morals and applicable legislation.
• The Buyer shall perform the charging session in accordance with the rules and safety instructions applicable to the area in which the station is located.
• If the Buyer detects a fault or safety risk in the charging unit, the Buyer is obliged to stop the charging session immediately and inform the Seller.

7.3. Limitations of Liability

• The Seller is not responsible for access to the areas in which charging stations are installed, parking availability or restrictions caused by third parties.
• The Seller may not be held liable for losses arising from vehicle-related technical issues, battery failures, charging incompatibilities, the vehicle becoming stranded or traffic conditions.
• The Buyer is responsible for losses suffered by the Seller or third parties due to the Buyer's fault or negligence.
• If the vehicle is left at the station after the charging period has ended, the occupancy fee specified in the Terms of Use shall be collected from the Buyer.

ARTICLE 8 — OCCUPANCY FEE

If the vehicle is unnecessarily left at the charging station after the charging session is completed, the occupancy fee detailed in the Terms of Use shall apply. The current amount of the occupancy fee, the grace period, the night-time exemption and other applicable principles are set out in the TOGER Terms of Use document, which constitutes an integral part of this Agreement.

ARTICLE 9 — PROTECTION OF PERSONAL DATA

The Seller processes, stores and protects the Buyer's personal data in accordance with Personal Data Protection Law No. 6698 and the relevant secondary legislation. The purposes of processing personal data, the third parties to whom such data is transferred, the methods of collection, the legal grounds and the Buyer's rights under the Personal Data Protection Law are explained in detail in the TOGER Privacy Policy and Disclosure Notice.

The Buyer's personal data shall not be shared with third parties without the Buyer's explicit consent, except for the performance of this Agreement and the fulfilment of legal obligations.

ARTICLE 10 — PRELIMINARY INFORMATION

Pursuant to Articles 4 and 5 of the Regulation on Distance Contracts, the Buyer has been informed of the following matters before entering into the Agreement:

1. The Seller's company name, full address, telephone number and similar contact information
2. The essential characteristics of the service subject to the Agreement
3. The service fee, including all taxes, and payment conditions
4. The date and method of performance of the service
5. The conditions, period and procedure for exercising the right of withdrawal
6. Circumstances where the right of withdrawal cannot be exercised
7. Dispute resolution mechanisms and competent authorities
8. Information regarding mediation conditions

The Buyer declares that they have read, understood and accepted the preliminary information form before electronically approving this Agreement.

ARTICLE 11 — ASSIGNMENT OF THE AGREEMENT

This Agreement may not be assigned by the Buyer, in whole or in part, to third parties without the Seller's written approval. The Seller may assign its rights and obligations arising from the Agreement to group companies or successors by notifying the Buyer.

ARTICLE 12 — AMENDMENTS TO THE AGREEMENT

The Seller reserves the right to unilaterally amend the provisions of this Agreement in line with changes in legal regulations and updates to the scope of the service. Amendments shall enter into force on the date of announcement by being published on the TOGER website and/or notified to the Buyer through the mobile application and by email.

ARTICLE 13 — FORCE MAJEURE

Natural disasters, epidemics, war, terrorism, civil unrest, government decisions and changes in legal regulations, strikes, lockouts, power outages, failures in communications infrastructure, cyberattacks, security breaches and service interruptions affecting third-party payment infrastructure and communications platform providers, and similar extraordinary circumstances beyond the reasonable control of the Parties shall be deemed force majeure events.

In force majeure circumstances, the Parties may not be held liable for failure to perform their obligations. The Parties' obligations arising from the Agreement shall be suspended for the duration of the force majeure event.

ARTICLE 14 — EVIDENCE AGREEMENT

In any dispute arising from this Agreement, the Seller's books, records and documents, together with data stored electronically, including server records, transaction logs, email records and similar digital records, shall constitute conclusive evidence within the scope of Article 193 of the Turkish Code of Civil Procedure No. 6100. The Parties acknowledge and declare their acceptance of this matter in advance.

ARTICLE 15 — GOVERNING LAW AND DISPUTE RESOLUTION

15.1. Governing Law

This Agreement is governed by the laws of the Republic of Türkiye, and Turkish law shall apply to the interpretation and implementation of the Agreement.

15.2. Mediation

The Parties acknowledge that, in disputes arising from this Agreement, mediation may be pursued before filing a lawsuit within the scope of Labour Courts Law No. 7036, Mediation in Civil Disputes Law No. 6325 and the provisions of legislation concerning consumer disputes.

15.3. Competent Court

For disputes arising from this Agreement, Consumer Arbitration Committees shall be competent within the monetary limits specified under Consumer Protection Law No. 6502, while the Istanbul (Çağlayan) Courts and Enforcement Offices shall be competent for disputes exceeding such limits.

ARTICLE 16 — ENTRY INTO FORCE AND ACCEPTANCE

This Distance Sales Agreement shall enter into force when the Buyer electronically approves it through the TOGER mobile application or website and completes the payment transaction. By approving this Agreement, the Buyer declares that they have read, understood and accepted all of its provisions.

The Agreement has been executed electronically in two copies, one copy of which shall be sent to the Buyer by email or made accessible through the application.

CONTACT INFORMATION

Company Name: Mionti Enerji ve Teknoloji Anonim Şirketi
Trade Name: TOGER
Address: Başak Mahallesi, 5. Etap, 2. Kısım, Abdülhamithan Caddesi No:5, 34306 Başakşehir/Istanbul
Email: info@mionti.com / info@toger.co
Telephone: (+90) 212 980 01 44
Website: www.toger.co

This Distance Sales Agreement was updated in April 2026.