Distance Sales Agreement

DISTANT SALES CONTRACT

 

Article 1 – SUBJECT

The subject of this contract is the sale-delivery of the product specified below to the BUYER, in

accordance with the Law No 6502 Concerning the Protection of the Consumer and the

Regulation of Distant Sales, concerning the sale and delivery of the product, the qualities and

selling price of which are presented below, and that is sold by the SELLER to the BUYER over

the internet site www.kudenrugs.com, and the statement of the rights and obligations of the

Parties in this matter.

 

ARTICLE 2 – SELLER’S INFORMATION

SELLER Altinboynuz Hali Kilim Tekstil Hediyelik Esya San. ve TİC. LTD. ŞTİ. ( Mersis : 0062025957700014)

Address: Ikitelli OSB. Eski Turgut Ozal Cad. No:31 Ak is Merkezi Basaksehir Istanbul 34944

Phone: 0212 5160558

Email: [email protected]

Fax: 0212 5160558

 

ARTICLE 3 – PRODUCT SUBJECT TO CONTRACT

The type, kind, amount, color, Selling Price and Delivery Information of the product subject to

contract are specified below.

Product Code and Description

Amount

Price (VAT Included)

Payment Method:

Delivery Address:

 

Billing Address:

 

ARTICLE 4 – GENERAL PROVISIONS:

4.1. THE BUYER , declares that he/she confirms electronically that the product on the internet

site  www.kudenrugs.com will be delivered with the basic qualities, the selling price including all

taxes and the specified payment method will be paid by the BUYER, that he/she has read and

understood the preliminary information concerning delivery time, commercial name of the

SELLER, its registered address and contact information.

THE BUYER, by confirming this contract electronically, confirms that he/she accurately and

completely received the information about the address, basic features of the ordered products,

and the tax-inclusive prices of products, delivery information and right of withdrawal and the

content of the right of withdrawal prior to the execution of this contract.

4.2. THE BUYER hereby agrees, declares and undertakes that he/she has read and understood

all other preliminary information that are legally mandatory to be present due to the Law No 6502

Concerning the Protection of the Consumer and the Regulation of Distant Sales and that he/she

provided the required confirmation from the web site www.kudenru.com  electronically.

4.3. The product subject to contract, will be delivered within the period specified on the web site

based on each product and the distance to the BUYER’s residence, but in all cases less than 30

(Thirty) days, to the BUYER or the person/organization he/she indicates. The BUYER will pay all

shipment fees concerning the delivery in Article 3 and the it will be billed in the order invoice

under the title “Shipment Fee“.

4.4. If the product subject to contract will be delivered to another person/organization than the

BUYER, the SELLER cannot be held responsible if the person/organization that will receive the

delivery does not accept it. In case the delivery is delayed and ⁄ or the Product cannot be

delivered due to problems caused by the shipment company, the SELLER cannot be held liable.

In case the Product is not delivered due to the  BUYER’s absence at the address, the SELLER

cannot be held responsible in any way.

4.5. THE BUYER is responsible to check the product on delivery, reject the delivery if a cargo-

related problem appears on the Product and to make the shipment company’s officer file a report.

Otherwise, the SELLER will not accept any responsibility.

4.6. The SELLER is responsible to deliver the product intact, complete, in conformance with the

qualities specified in the order, and along with its user’s manuals  and warranty documents.

 

4.7 In case the delivery of the product or service becomes impossible and the SELLER cannot

fulfill its contractual duties, it informs the customer before the obligation to perform that arises

from the contract expires and may supply a different product of  equivalent quality and price to

the BUYER, if the item itself is not inhe inventory. In that case, the SELLE is considered fulfilled

its Product Supply duty. In this case, the BUYER has the right to reject the product and terminate

the contract.

4.8. If the relevant bank or financing institution does not pay the product’s price to the SELLER

following the product’s delivery, because the BUYER’s credit card, banking card, debit card and ⁄

or other payment methods on the Internet Site are used by unauthorized persons unjustly or

unlawfully; the BUYER is required to return the product (if it was delivered) within 3 (three) days.

In this case, the shipment expenses belong to the BUYER.

4.9. The SELLER is responsible to inform the BUYER if the SELLER cannot perform the delivery

for the Product subject to contract on time, due to force majeure events or weather conditions,

transportation blocks etc. reasons that prevent shipment,  In this case the BUYER has the right to

cancel his/her order and terminate the contract. In case the Contract is terminated, the SELLER

is responsible to return all the payments it has collected including the shipment fees to the

BUYER in cash and in full, within 14 (fourteen) days of the delivery of the termination notice.4.10. The SELLE has the right to cancel the purchases that exceed consumer needs over the

internet site. The purchases that exceed consumer needs, purchases involving more than 3

(three) products, the SELLER reserves the right to cancel the whole order or delivering only 3

(three) products, which are the retail limits.

4.11. The BUYER has to pay the full price of the Product before delivery, unless otherwise

agreed upon in writing by the SELLER. If the Product price is not paid to the SELLER in full for

single installment sales,  or the installment that is due is not paid on time for multiple installment

sales, the SELLER has the right to unilaterally terminate the contract and refuse to deliver the

Product.

If, for any reason, the Bank/financial institution that owns the credit card used for payment does

not pay the Product price to the SELLER or requests the return of the payment after the delivery

of the Product, the BUYER shall return the Product to the Seller within 3 days. If the non-payment

of the Product price is due to a fault or negligence of the BUYER, the BUYER shall pay the

shipment fee.

ARTICLE 5 RIGHT OF WITHDRAWAL

5.1. The BUYER has the right of withdrawal for 14 (fourteen) days following the delivery of the

Product subject to contract to him/her or to the person/organization in the address he/she

specifies, without specifying any reason.

5.2. To use the right of withdrawal, the BUYER must inform the SELLER within 14 (fourteen)

days e-mail and by filling the online form for returns, and the Product should be unused and in a state

that can be resold by the SELLER according to the provisions of Article 15, “Exceptions of the Right of

Withdrawal” of the Regulation of Distant Sales, published in the Official Gazette dated 27.11.2014 and

Article 6 of the electronically signed Distant Sales Contract executed between the Parties. In case this

right is exercised,

a) The invoice of the Product that is delivered to the Third Party or the BUYER (If the invoice is

corporate, along with the return invoice issued by the returning organization) must be sent to the

SELLER within 10 (Ten) days with the products. The returns of purchases, the invoices of which are

issued for corporations will not be completed if the RETURN INVOICE is not issued.

b) The Return Form,

c) The box, packaging and standard accessories (if any) of the products to be returned need to

be delivered to the SELLER within 10 (Ten) days from the delivery of the right of withdrawal

request. The Product price shall be returned to the BUYER within 14 days following the delivery

of the request of right of withdrawal to the SELLER.

In case the right of withdrawal is exercised, the BUYER is responsible to return the goods

to the SELLER within 10 (Ten) days following the delivery of the request of right of

withdrawal to the SELLER.The BUYER will bear the return expenses.

If the Consumer does not send the goods within 10 (Ten) days following the date on which

the notice concerning the right of withdrawal is delivered to the SELLER, the right of

withdrawal will be deemed waived.

When the Product is being returned to the SELLER, the original invoice delivered to the BUYER

shall also be returned (to ensure consistency in our accounting records) and the return process

will not be executed if the invoice is not delivered along with the Product. invoice should be returned

with the products with the text “RETURN INVOICE” and it should be signed by the BUYER.

5.3. To use the right of withdrawal, the packaging of the product must be closed, unharmed and

the product shouldn’t be used or tried.

 

ARTICLE 6 INTELLECTUAL PROPERTY RIGHTS

The intellectual-commercial rights and property rights of any content or information belonging to

the INTERNET SITE and the editing, revision and use of part/whole of the same belong to the

SELLER.

The SELLER reserves the right to make any modifications that it may deem necessary

concerning the above; these modifications enter into force on the moment when they are

announced by the SELLE on the INTERNET SITE or other appropriate methods.

ARTICLE 7 COMPETENT COURT

This Contract is subject to the laws of the Turkish Legal regulations. The Consumer Arbitration

Committees and the Consumer Courts in the SELLER’s region have exclusive jurisdiction up to

the value set by the Republic of Turkey Trade Ministry in the execution of this contract. In case

the order is approved, the BUYER is considered to have agreed to all the conditions of this

Contract.

 

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PRE-NOTIFICATION FORM ACCORDING TO THE CONSUMER LEGISLATION

1. SELLER’S INFORMATION

Altinboynuz Hali Kilim Tekstil Hediyelik Esya San. ve TİC. LTD. ŞTİ. ( Mersis : 0062025957700014)

Address: Ikitelli OSB. Eski Turgut Ozal Cad. No:31 Ak is Merkezi Basaksehir Istanbul 34944

Phone: 0212 5160558

Email: [email protected]

Fax: 0212 5160558

 

1. INFORMATION ON THE PRODUCT SUBJECT TO CONRACT

The type, kind, amount, color, Selling Price and Delivery Information of the product subject to

contract are specified below.

 

Product Code and Description

Amount

Price (VAT Included)

Payment Method:

Delivery Address:

Billing Address:

Your order will be delivered to the product shipment company ordered on behalf of Sevinç Beyza

Cango within 30 (thirty) days of the order date, according to the provisions of the Law No 6502

Concerning the Protection of the Consumer  and ⁄ or your discount code is delivered

electronically. The shipment company will deliver your cargo at most 2 days after the shipment

code becomes visible on the system.

The SELLER reserves the right to cancel the order and return the collected amounts to the

BUYER acording to the relevant legislation based on the provision “If the performance of the

product or service subject to order becomes impossible, the seller or provider shall inform the

consumer within three days of learning about this condition in writing or through a permanent

data storage, and return all the collected amounts, including the delivery expenses if any, within

fourteen days o the notification date”, stated in the sub-clause 4 of Article 16 of the Distant Sales

Regulation no 29188 entered into force on 27.03.2015, if mistakes took place in the product price,

product description, product characteristics etc. when offering the product for sale on the internet

site.

1. VALIDITY PERIOD

After this pre-notification form is read and approved by the Consumer in electronic form, the

Distant Sales Contract will be executed.

1. RIGHT OF WITHDRAWAL

When the Consumer approves the Contract, the Price and expenses for the Product(s) he/she

orders will be collected through the payment method of choice.

The Consumer has the right of withdrawal from the contract by rejecting the product in distant

sales contracts concerning sales of products within 14 (fourteen) days of delivery, without

undertaking any legal or penal liability and without specifying any reason. In distant contracts

 

concerning service provision, this period starts on the execution date of the contract. If the

Contract specifies that the service will be performed before the 14-day period is expired, the

consumer can use his/her right of withdrawal before the performance date.

In case the CONSUMER uses his/her right of withdrawal, he/she shall return the product he/she

bought to the SELLER via the FedEx company, with which the SELLER has a contract. In

case the return product is sent via the contracted Shipment Company, the expenses for the

exercise of the right of withdrawal will belong to the SELLER. If any other method apart from the

contracted shipment company of the SELLER is used to return the Product while exercising the

right of withdrawal, the CONSUMER will pay the expenses for the return delivery.

To use the right of withdrawal, the BUYER must inform the SELLER within 14days via fax, phone

or to the e-mail address and the Product should be unused according to the provisions of Article

15, “Exceptions of the Right of Withdrawal” of the Regulation of Distant Sales, published in the

Official Gazette dated 27.11.2014 and Article 6 of the electronically signed Distant Sales Contract

executed between the Parties. The return methods under the scope of the Right of Withdrawal

are also included in the Distant Sales Contract in detail.

In case the right of withdrawal is exercised, the BUYER is responsible to return the goods to the

SELLER within 10 (Ten) days following the delivery of the request of right of withdrawal to the

SELLER using the shipping company FedEx, which is the contracted company of the

SELLER.

If the Consumer does not send the goods to the SELLER within 10 (Ten) days following the date

on which the notice concerning the right of withdrawal is delivered to the SELLER, the right of

withdrawal will be deemed waived.

In case the requirements specified above are fulfilled by the consumer on time and appropriately,

the Product price and the Product delivery expenses will be returned to the Consumer within 14

days from the delivery of the withdrawal notice to our company, in a manner appropriate to the

payment tool used while purchasing the Product.

 

5. COMPETENT COURT

 

The consumer can file his/her complaint and objection applications to the consumer problems

arbitration committee or consumer courts in the area where the consumer received the product or

service or where he/she resides, within the monetary limits specified by the Republic of Turkey

Ministry of Customs and Trade in December each year.

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