Distance Sales Agreement
1. PARTIES
This Distance Sales Agreement (hereinafter referred to as the “Agreement”) has been drawn up and signed between the Parties listed below within the framework of the terms and conditions specified in the Agreement.
- BUYER:
Name and surname :
Address:
Telephone :
Email :
History :
- SELLER/PROVIDER:
Title: İZMİRA TASARIM MOBİLYA TURİZM OTOMOTİV SAN. AND TRADE Inc.
Official distributor
Address: 4058/1 SOKAK NO:11A YUNUS EMRE MAHALLESİ KARABAĞLAR İZMİR / TURKEY
Phone: 02322537388
Fax :
Mersis Number: 0483105526200001
BUYER and SELLER will be referred to individually as "Party" and together as "Parties" in the Contract.
2.DEFINITIONS
In the implementation and interpretation of this Agreement, the terms written below will refer to the written explanations opposite them.
- a) BUYER: Refers to the Buyer or the third party designated by the Buyer.
- b) SELLER/SUPPLIER:İZMİRA TASARIM MOBİLYA TURİZM OTOMOTİV SAN. AND TRADE Inc. It refers to the Authorized Dealer who issues invoices for sales made through the Platform and delivers the products.
- c) MANUFACTURER: İZMİRA TASARIM MOBİLYA TURİZM OTOMOTİV SAN. AND TRADE Inc. expresses.
- d) STANDARD PRODUCT: These are standard products whose features are not changed in line with the BUYER's requests and do not require installation.
- e) CUSTOMIZED PRODUCT: These are products that are specially produced and/or require installation in line with the BUYER's requests. For example, armchairs whose fabric color and type have been changed, furniture whose wooden material and similar features have been changed, all kinds of panel products that are installed and assembled, furniture, products produced with special measurements are included in the CUSTOMIZED PRODUCT category.
- f) HYGIENE PRODUCT/S: Mattresses, pillows and other home textile products whose protective elements such as packaging, tape, seal and package have been opened after delivery and which are not suitable for return in terms of health and hygiene.
- g) TRANSPORTED PRODUCT: These are the products where the product delivery is carried out by the transportation teams of the SELLER/PROVIDER.
- h) CARGOED PRODUCT: These are the products for which product delivery is carried out by contracted cargo companies.
i) DISPLAYED PRODUCT: These are the products offered in KUALİFE Stores.
- i) OUTLET PRODUCTS: These are outlet products offered in KUALİFE Stores.
- j)VIRTUAL POS: It refers to the credit card payment method made in the computer environment.
- k) PLATFORM: www.kualife.com, whose ownership and all intellectual and industrial rights in accordance with the Industrial Property Law No. 6769 and the Law on Intellectual and Artistic Works No. 5846 belong to the MANUFACTURER and where the Services specified in this Agreement and the Dealership Agreement are offered. and the website and mobile application available in all other related domain names, social media/s (Twitter, Instagram, Facebook and others), marketplaces and the Dealer, by being on the Platform with the MANUFACTURER or in accordance with the MANUFACTURER's requests for sales made through the Platform. It refers to a special virtual page where the customer can perform the necessary transactions in order to provide appropriate service, enter the requested company/personal information, and follow the sales transaction details.
- l) STORE: It refers to the KUALİFE store where the presentation is made.
- m) LEGISLATION: Law on Consumer Protection No. 6502, Distance Contracts Regulation (OG: 27.11.2014/29188) and other relevant legal regulations.
3. TOPIC
The subject of this Agreement is numbered 6502, regarding the presentation and sale of the products ("PRODUCT"), the qualities and sales price of which are specified in the Preliminary Information Form and PLATFORM, which the BUYER orders electronically through the PLATFORM belonging to the MANUFACTURER and all applications connected to it. It is to determine the mutual rights and obligations of the Parties in accordance with the provisions of the Law on Consumer Protection (“Law No. 6502”) and the Distance Contracts Regulation.
The Parties to this Agreement accept and declare that they know and understand their obligations and responsibilities arising from the Law on Consumer Protection and the Regulation on Distance Contracts under the Agreement.
BUYER shall be informed of the basic characteristics of the PRODUCT/s purchased through the PLATFORM, the sales price and payment method, including all taxes, delivery, installation principles and price, if any, and the right of withdrawal and the terms of use of the right of withdrawal, the full commercial name of the SELLER/PROVIDER, the open that the party has received the preliminary information regarding the address and contact information and other information, that he/she has read it and is clearly informed, that he/she understands that he/she will be obliged to pay by confirming the preliminary information and this Agreement, that the preliminary information has become an integral part of the contract and that by obtaining all this information, He accepts, declares and undertakes that he has given the necessary approvals to purchase the PRODUCT/s.
- INFORMATION ON THE PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT
The basic qualifications regarding the name of the product or service subject to the contract, its quantity, sales price including VAT, payment method and installation price including taxes, if any, are as follows;
PRODUCT
GENRE
UNIT PRICE (TL)
PIECE
TOTAL(TL)
……………….
………..
…………………….
Installation-1
………
…………………….
Payment Total (VAT Included)
…………………..
Service Fee: 0.00 TL
Shipping Fee: 0.00 TL
Shipping Fee: 0.00 TL
Installation Fee-1 (for….product): 0.00 TL
VAT Amount: …… TL
Total Invoice Amount: …… TL
Paid: …….. TL
Extra Information:
Shipping Fee: 0.00 TL (Paid by the SELLER/PROVIDER if the SELLER/PROVIDER is a contracted cargo company.)
Shipping Fee: 0.00 TL (Paid by the SELLER/PROVIDER if the SELLER/PROVIDER is a contracted shipping company.)
Cash Sales Amount: ………. TL
Sales Amount: …………..TL
Gift Card Amount: 0.00 TL
Commission Amount: 0.00 TL
Buyer City: ………
Recipient District: ……….
Recipient Name/Surname/Title: ………
Delivery address :…………
Payment method : ………….
If you experience any problems, you can contact us about your order by calling our call center at 0232 253 73 88 and 0532 507 28 77.
- PAYMENT METHOD
5.1. Payment by Credit Card
- a) When the BUYER chooses the credit card payment method, he will enter his credit card information on the relevant page before completing his shopping on the PLATFORM.
b) The BUYER can choose any of the installment options, as appropriate, or make the payment with a single payment option.
c) BUYER's bank may organize campaigns and apply a higher number of installments than the selected installment number, and may offer services such as installment deferral. Such campaigns are at the initiative of the BUYER's bank, and if the SELLER/PROVIDER and/or MANUFACTURER are informed, information about the campaigns is provided on the PLATFORM.
d) If the BUYER chooses one of the installment options, the order total will be divided by the number of installments starting from the credit card statement date and will be reflected in the credit card summary by the BUYER's bank. The bank may not distribute the installment amounts evenly over the months, taking into account the fractional differences. Creating a detailed payment plan is at the discretion of the BUYER's bank.
d) On the other hand, since forward sales are made only with bank credit cards, the BUYER will also confirm the relevant interest rates and default interest information from his bank, and in accordance with the provisions of the LEGISLATION in force, the provisions regarding interest and default interest will not be included in the credit card agreement between the bank and the BUYER. accepts, declares and undertakes that it will be implemented within the scope of
e) In case of default in the transactions made by the BUYER with a credit card, the BUYER will pay interest within the framework of the credit card agreement made with the bank and will be liable to the bank.
f) BUYER will be responsible for the accuracy of the card information provided during the credit card payment method.
g) In payments made using the credit card payment method option, if the card is used unlawfully by someone other than the holder, action will be taken in accordance with the provisions of the Bank Cards and Credit Cards Law and the Regulation on Bank Cards and Credit Cards.
5.2. Payment via Money Order/EFT
- a) When the BUYER prefers to pay by money order/EFT, İZMİRA TASARIM MOBİLYA TURİZM OTOMOTİV SAN. AND TRADE Inc. Bank IBAN information will be shared with the BUYER via the PLATFORM.
b) After the BUYER makes the payment by money order/EFT, the order will be confirmed after the payment reaches the MANUFACTURER's bank account. BUYER must write the order reference number in the description section of the transfer transaction.
- DELIVERY
- a) Product delivery is carried out to the BUYER or the person/organization at the address indicated by the SELLER/PROVIDER, depending on the distance of the BUYER's residence, for each product, provided that it does not exceed the legal period, through the cargo and/or shipping company that the SELLER/PROVIDER has an agreement with, with a packaged and intact invoice. delivered together. Even if the BUYER is not present at the address at the time of delivery, the SELLER/PROVIDER will be deemed to have fulfilled its obligation fully and completely. Therefore, the SELLER/PROVIDER is not responsible for any damages and expenses arising from the BUYER's late receipt of the product and/or not receiving it at all. This period may be extended in cases that occur without any fault of the SELLER/PROVIDER and cannot be prevented with reasonable measures, such as war, natural disaster, riot, strike, lockout, flood, fire, earthquake. The delivery times of the product/s provided to the BUYER via the Platform are valid and binding for the Parties. Delivery is not possible to islands, overseas locations and abroad.
- b) SELLER/PROVIDER, if the product subject to the contract is sound, complete, in accordance with the qualifications specified in the order and in accordance with the provisions of Articles 55 and 56 of the Consumer Protection Law No. 6502, to issue a warranty certificate within the scope of the Warranty Certificate Regulation, warranty documents and Promotion and User Guide Regulation. is responsible for delivering it with the introduction guide in accordance with the instructions.
- c) Started to be prepared in line with the BUYER's request without being available in stock; Delivery times for products other than products that are produced following the BUYER's order due to not being ready in stock will be within the periods specified in the legislation.
- a) The BUYER is contacted via SMS or call 1-3 days before the planned delivery date and the BUYER's approval is obtained. Since delivery plans are automatically prepared by the system, no changes are made except in special cases.
b) On the day of delivery, the BUYER will be informed by calling him during the day before arriving for delivery.
c) In cases where the BUYER has a special situation or no one is present at the specified address and the delivery cannot be made, the second delivery will be rescheduled for at least 14 (fourteen) days later and the SELLER/PROVIDER will pay the shipping fee of 5% of the basket amount to the BUYER for the new transportation organization. You can request from.
d) For transportation deliveries that include installation (excluding additional installation service), installation is done on the same day as delivery. Installation is not planned for a different day.
e) If a problem is noticed during delivery, the problem must be stated by the BUYER in the delivery form to be provided by the delivery team. Delivery and installation of Products sold without specifying any additional installation fees are free of charge.
f) If it is necessary to hire an elevator in cases such as there is no freight elevator in the building and the product does not fit inside the building, the responsibility belongs to the BUYER. In this case, the SELLER/PROVIDER may give the BUYER time to make the necessary preparations, provided that the SELLER/PROVIDER is informed in advance.
6.2.Delivery of Cargo Products
- a) When the PRODUCT/s to be sent by cargo are shipped, the relevant cargo company and cargo tracking number are shared with the BUYER via SMS and e-mail.
b) Packages with a volume of 30 deci or more are delivered at the door of the building.
c) The BUYER will inspect the PRODUCT/s subject to the contract before receiving them, and will not receive dents, broken products, damaged or defective products with torn packaging from the cargo company. The PRODUCT/s received will be deemed to be undamaged and intact. It is the BUYER's responsibility to carefully protect the PRODUCT/s after delivery. If the right of withdrawal is to be exercised, the PRODUCT/s should not be used. The invoice must be returned.
d) In locations far from the village, town or city center where cargo cannot be delivered, the cargo is brought to the nearest central branch and the BUYER is informed to receive it from there. The BUYER will need to receive the cargo within the specified time.
6.3. Installation Products with Purchase Option Service Delivery
- a) If additional installation service has been purchased for the PRODUCT/s whose installation belongs to the BUYER, the installation service is planned within 7 (seven) days at the latest after the PRODUCT is delivered.
b) The BUYER is contacted via SMS or call 1-3 days before the planned service date and the BUYER's approval is obtained. Since service plans are automatically prepared by the system, no changes are made except in special cases.
c) On the installation day, you will be called and informed during the day before arriving for installation.
d) It is the BUYER's responsibility to open and check the PRODUCT/s for which additional installation service is received before the installation service arrives. It is important that if there is a deficiency in the PRODUCT/s, it is completed before the installation service.
e) In case of return of PRODUCT/s installed with additional installation service, it is the BUYER's responsibility to disassemble the PRODUCT/s again.
f) Installation operations requiring electrical connection cannot be carried out by the SELLER/PROVIDER.
- CANCELLATION OF THE ORDER
BUYER may request free cancellation within 3 (three) days from the order date for the PRODUCT/s that have not yet been delivered. For cancellation requests after the 3rd day, the Right of Withdrawal and Product Return provisions apply.
- RIGHT OF WITHDRAWAL, PRODUCT RETURN
8.1. BUYER has the right to withdraw from the contract within 7 (seven) days from the delivery date for STANDARD PRODUCT/s without giving any reason or paying any penalty. The period for the BUYER's right of withdrawal begins on the day the BUYER receives the PRODUCT/s in contracts regarding the delivery of goods. However, the BUYER may exercise his right of withdrawal from the establishment of the Contract until the delivery of the PRODUCT/s.
8.2. In determining the period of right of withdrawal; There is only one order subject but supply, production, stock, etc. In case of PRODUCT(s) delivered on different dates for reasons such as, the delivery date of the last good will be taken into consideration. For products completed by combining more than one piece, the delivery date of the last piece will be taken into account. In contracts where the same PRODUCT/s are delivered regularly for a certain period of time, the delivery date of the first product will be taken into account.
8.3. BUYER can request withdrawal by calling the call center on 0232 253 7388 and 0532 507 28 77. BUYER can use his right of withdrawal to make cancellation and return transactions by following the instructions in the My Orders section on the website.
8.4. If the BUYER exercises his right of withdrawal by notifying the SELLER/PROVIDER in writing or verbally through customer services within 7 (seven) days following the delivery of the PRODUCT/s, if the PRODUCT/s were delivered by the contracted shipping company;
SELLER/PROVIDER will receive the PRODUCT/PRODUCTS sent via the contracted shipping company as it was first sold, that is, disassembled, along with the original invoice and a report from the address where the installation was made within 7-14 days from the date the request is forwarded to him/her.
In case the BUYER exercises his/her right of withdrawal by notifying the SELLER/PROVIDER verbally via the "my orders" section on the website or call center/customer services within 7 (seven) days following the delivery of the PRODUCT/s, the PRODUCT/s will be shipped via contracted cargo. If it was delivered by the company;
BUYER shall deliver the PRODUCT sent by the contracted cargo company, disassembled, to the SELLER/PROVIDER or an authorized 3rd party within 10 (ten) days from the date on which he/she sends the notification to the SELLER/PROVIDER that he/she has exercised his/her right of withdrawal; The invoice of the delivered product, (If the invoice of the product to be returned is issued to a corporate company, it must be sent together with the return invoice issued by the institution when returning it. Order returns whose invoice is issued on behalf of institutions will not be completed unless a RETURN INVOICE is issued.) sample cargo delivery report, located on the back of the invoice. By filling out and signing the withdrawal form, the customer must return the products to be returned complete and undamaged, together with the box, packaging and standard accessories, if any. PRODUCT/s sent without the documents listed in this article or with missing or damaged items will be sent back to the BUYER with a counter payment and the price will not be refunded.
8.5. BUYER may send back the PRODUCT subject to the right of withdrawal, free of charge, with the contracted transportation and/or cargo company. In cases where another company is selected other than the transportation and/or cargo company with which the SELLER/PROVIDER has a contract, the PRODUCT sent with the SELLER/PROVIDER's contracted cargo company is requested to be sent with the shipping company, or vice versa, all expenses of the returns will be borne by the BUYER. It will happen. Even though there is a cargo branch with which the SELLER/PROVIDER has an agreement in the BUYER's location, if the product is sent with a counter-payment by another company, the shipping fee will be deducted from the price of the product to be returned and the remaining amount will be refunded if any balance remains.
8.6. After the BUYER's right of withdrawal expires, arbitrary refunds cannot be taken for STANDARD PRODUCTS.
8.7. BUYER cannot exercise his right of withdrawal for CUSTOMIZED PRODUCTS.
8.8. In cases where the BUYER requests a refund for CUSTOMIZED PRODUCTS, the SELLER/PROVIDER has the right to receive a refund with a 30% deduction on the CUSTOMIZED PRODUCT price in order not to reject the BUYER's return request. This request is valid for 7 (seven) days after the delivery date.
The right of withdrawal cannot be exercised in contracts subject to the sale of the following products:
- Contracts regarding goods or services whose prices change depending on fluctuations in financial markets and which are not under the control of the SELLER, MANUFACTURER or PROVIDER,
- Contracts regarding goods prepared in line with the BUYER's wishes or personal needs,
- Contracts regarding Hygiene Products,
- Contracts regarding goods that are mixed with other products after delivery and cannot be separated due to their nature,
- Contracts regarding services whose performance started with the approval of the consumer before the right of withdrawal expires,
-Contracts regarding goods determined by the SELLER/PROVIDER to originate from the BUYER, other than the BUYER's usual usage errors,
8.9. If the BUYER does not maintain the PRODUCT in accordance with its operation, technical specifications and operating instructions within the withdrawal period, it will be responsible for any changes or deteriorations that occur.
8.10. In case of return requests for PRODUCT/s, TRANSPORTED PRODUCTS will be returned by the SELLER/PROVIDER's own delivery team, and if the delivery of the PRODUCT/s is made by cargo, the PRODUCT returns must be made by the BUYER by cargo. Even if the delivery of the PRODUCT/s whose delivery type is cargo is made by shipping, the return must be made by the BUYER by cargo.
8.11. If the value of the goods decreases due to a reason caused by the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER/PROVIDER's damages (cost of the goods, expenses incurred to establish the contract, etc.) in proportion to the BUYER's fault.
8.12. Your orders to be placed within the scope of the Ministry of Commerce Earthquake Aid Mobilization In subparagraph (h) of the first paragraph of Article 15 titled Exceptions to the Right of Withdrawal of the Distance Contracts Regulation; You do not have the right to withdraw from your order as it is considered within the scope of the "contract for services that started to be performed with the approval of the consumer before the right of withdrawal expires".
8.12. Your orders to be placed within the scope of the Ministry of Commerce Earthquake Aid Mobilization In subparagraph (h) of the first paragraph of Article 15 titled Exceptions to the Right of Withdrawal of the Distance Contracts Regulation; You do not have the right to withdraw from your order as it is considered within the scope of the "contract for services that started to be performed with the approval of the consumer before the right of withdrawal expires".
- SHIPMENT OF THE PRODUCT BY THE THIRD PARTY SUPPLIER
9.1. In case the PRODUCT is delivered to the BUYER by the third party supplier, the BUYER knows and accepts that the provisions of this Agreement, especially the use of the right of return, cancellation and withdrawal, are in force and valid.
9.2. Shipment of the PRODUCT by the Supplier Third Party will not mean that a contractual relationship has been established between the Third Party and the BUYER, and the BUYER will fulfill all its obligations, especially payment, towards the MANUFACTURER and SELLER/PROVIDER.
9.3. The situations in which the Product will be shipped by the Supplier Third Party have been notified to the BUYER by the SELLER/PROVIDER. With this notification made to him, the BUYER knows and accepts that the personal data he shares with the SELLER/PROVIDER will be transferred to the third party supplier for the purposes specified in the Agreement and in accordance with the Personal Data Protection Law No. 6698 and the relevant LEGISLATION.
- PAYMENT REFUND AND PROCEDURE
The payment process for Order Cancellation is initiated within 7 (seven) business days following the BUYER sending the request.
The refund payment process for PRODUCT returns is initiated within 7 (seven) business days following the receipt of the PRODUCT by the SELLER/PROVIDER.
While calculating the refund fee for orders placed within a campaign with a lower participation limit, if the remaining order amount does not meet the lower limit, the current campaign is disabled and the refund is calculated based on the remaining amount.
10.1. Refunds for Payment by Credit Card
- a) Depending on how many installments the BUYER purchased the product in, the bank repays the BUYER in installments. The refund to be made by the bank to the BUYER is between the BANK and the BUYER and the SELLER/PROVIDER and/or MANUFACTURER has no responsibility in this regard.
b) After the MANUFACTURER pays the entire product price to the bank in one go, in case the installment expenditures made from the bank POS are refunded to the BUYER's credit card, the requested refund amounts are transferred by the bank to the holder's accounts in installments in order to prevent the parties involved in the matter from being victimized. If the installment amounts paid by the BUYER until the cancellation of the sale do not coincide with the refund date and the account cut-off dates of the card, 1 (one) refund will be reflected on the card every month and the BUYER will continue to pay the installments he/she paid before the refund for an additional month equal to the number of installments he/she paid before the refund, after the installments of the sale are completed. will be deducted from its receivables and existing debts.
c) In case of returning goods and services purchased by card, the MANUFACTURER cannot pay the BUYER in cash, in accordance with the contract made with the Bank. Refunds of payments made by credit card are made to the same credit card.
10.2. Refund for Payment via Money Order/EFT
- a) Refund is made to the bank account declared by the BUYER.
10.3. Refund for Payment Made by Gift Certificate
a) Cash refunds cannot be made for orders placed using a gift voucher, the refund is made with a gift voucher.
- WARRANTY SCOPE AND AFTER-SALES SERVICES
The PRODUCT sold is under warranty by the SELLER/PROVIDER for 1 (one) year.
If it is determined that there is a defect in the PRODUCT caused by the manufacturer, the SELLER/PROVIDER undertakes to solve the problem within the legal period from the date the request is forwarded to them within the warranty period. Defects at the time of delivery must be reported to the SELLER/PROVIDER at the time of delivery.
If it is determined that there is a defect in the PRODUCT caused by the manufacturer, the SELLER/PROVIDER undertakes to solve the problem within the legal period from the date the request is forwarded to them within the warranty period. Defects at the time of delivery must be reported to the SELLER/PROVIDER at the time of delivery.
Situations arising from the BUYER's usage error are not within the Scope of Warranty.
- GENERAL PROVISIONS
12.1. BUYER accepts, declares and undertakes that he/she has read the preliminary information regarding the basic characteristics, sales price and payment method and delivery of the PRODUCT/s subject to the Contract on the PLATFORM belonging to the MANUFACTURER, and has given the necessary confirmation electronically. BUYER's; Confirming the Preliminary Information electronically, before the establishment of the distance sales contract, the address to be delivered to the BUYER by the SELLER / PROVIDER, the basic features of the ordered PRODUCT / s, the price of the products including taxes, payment and delivery information accurately and completely. accepts, declares and undertakes what it has acquired. SELLER/PROVIDER reserves the right to change product prices and/or change campaign conditions and end date without notice at any time and without any prior notice.
12.2. Each product subject to the contract is delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the PLATFORM, depending on the distance of the BUYER's residence, provided that it does not exceed the legal period. If the product cannot be delivered to the BUYER within this period, except for delays in extraordinary circumstances, the BUYER reserves the right to terminate the Contract. For CUSTOMIZED PRODUCTS, the shipment date may vary and the shipment information will be shared with the BUYER. If the PRODUCT/s subject to the contract are supplied from a third party supplier, the delivery time will be additionally added in case of disruptions that may occur in the supply process and the new shipment date information will be shared with the BUYER.
12.3. SELLER/PROVIDER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, and information and documents required for the job, free from any defects, in accordance with the legal regulations, in accordance with the standards, in accordance with the principles of accuracy and honesty. accepts, declares and undertakes to perform within the scope of the work, to maintain and improve the quality of service, to show the necessary care and attention during the performance of the work, and to act with prudence and foresight.
12.4. SELLER/PROVIDER may supply a different product of equal quality and price by informing the BUYER and obtaining his express approval before the contractual performance obligation expires. Exceptionally, if it is understood that the goods subject to the Contract cannot be supplied for a justified reason and/or a stock problem is encountered, if the BUYER is immediately informed clearly and understandably and gives approval, another good of equal quality and price may be sent to the BUYER or in line with the BUYER's desire and choice. ; Another new product may be sent, it may be waited for the product to be in stock or for the other obstacle preventing delivery to be eliminated, and/or the order may be cancelled.
12.5. If the SELLER/PROVIDER cannot fulfill its contractual obligations in case the fulfillment of the PRODUCT or service subject to the order becomes impossible, it will notify the BUYER in writing within 3 (three) days from the date of learning of this situation, and will pay the total price to the BUYER within a period of 14 (fourteen) days. accepts, declares and undertakes to return it. For payments made by credit card, the refund procedure of the bank to which the credit card is linked will be valid.
12.6. BUYER accepts and declares that he/she will confirm this Agreement electronically for the delivery of the PRODUCT subject to the Contract, and that if the price of the PRODUCT subject to the Contract is not paid for any reason and/or is canceled in the bank records, the SELLER/PROVIDER's obligation to deliver the product subject to the Contract will end. and commits.
12.7. BUYER, Failure to pay the contractual product price to the SELLER/PROVIDER by the relevant bank or financial institution as a result of unfair use of the BUYER's credit card by unauthorized persons before/after the delivery of the PRODUCT subject to the contract to the BUYER or the person and/or organization at the address indicated by the BUYER. In this case, the BUYER accepts, declares and undertakes that he/she will return the PRODUCT subject to the contract to the SELLER/PROVIDER within 3 (three) days, with the shipping costs being borne by the SELLER/PROVIDER.
12.8. SELLER/PROVIDER accepts, declares and undertakes that if it cannot deliver the PRODUCT subject to the Contract within the period due to force majeure situations such as situations that develop beyond the will of the parties, are unforeseen and prevent and/or delay the parties from fulfilling their debts, they will notify the BUYER of the situation. It does. The BUYER also has the right to request from the SELLER/PROVIDER to cancel the order, replace the PRODUCT subject to the contract with a similar one, if any, and/or postpone the delivery time until the hindering situation disappears. In case the order is canceled by the BUYER, for the payments made by the BUYER in cash, the PRODUCT amount will be paid to him/her in cash and in lump sum within 14 (fourteen) days. For payments made by the BUYER by credit card, the PRODUCT amount will be returned to the relevant bank within 14 (fourteen) days after the order is canceled by the BUYER. BUYER warns that the average process for the bank to reflect the amount returned to the credit card by the SELLER/PROVIDER to the BUYER's account may take 2 to 3 weeks, and since the reflection of this amount to the BUYER's accounts after it is returned to the bank is entirely related to the bank transaction process, the BUYER informs the SELLER for possible delays. / accepts, declares and undertakes that it cannot hold PROVIDER responsible.
12.10. BUYER declares and undertakes that the personal and other information he/she provided while becoming a member of the MANUFACTURER's PLATFORM is truthful, and that he/she will compensate all damages that the MANUFACTURER may incur due to the untruth of this information, immediately, in cash and in lump sum, upon the first notification of the MANUFACTURER. .
12.11. BUYER accepts and undertakes to comply with the legal LEGISLATION provisions and not to violate them when using the PLATFORM belonging to the MANUFACTURER. Otherwise, all legal and criminal liabilities that may arise will be entirely and exclusively binding on the BUYER.
12.12. BUYER may not use the PLATFORM belonging to the MANUFACTURER in any way that disrupts public order, is contrary to general morality, disturbs or harasses others, for an unlawful purpose, violates the material and moral rights of others, or engages in any activity that prevents or complicates others' use of the services ( spam, virus, trojan horse, etc.) transactions cannot be made.
12.13. Links may be provided through the MANUFACTURER PLATFORM to other websites and/or other content that are not under the MANUFACTURER's control and/or owned and/or operated by other third parties. These links are provided to provide ease of navigation to the BUYER and do not support any PLATFORM or the person operating that site and do not constitute any warranty for the information contained in the linked PLATFORM.
12.14. SELLER/PROVIDER reserves the right to stop the order when deemed necessary, when the information provided by the BUYER does not correspond to reality. In cases where the SELLER/PROVIDER detects a problem with the order and cannot reach the BUYER through the telephone, e-mail and mail addresses given by the BUYER, the SELLER freezes the execution of the order for 15 (fifteen) days. The BUYER is expected to contact the SELLER/PROVIDER regarding the issue during this period. If no response is received from the BUYER within this period, the SELLER/PROVIDER cancels the order to avoid damage to both parties.
12.15. SELLER/PROVIDER is not responsible for price inaccuracies caused by system errors. Accordingly, the SELLER/PROVIDER is not responsible for any promotional or price errors that may arise due to the PLATFORM system, design or illegal interventions on the PLATFORM. BUYER cannot make claims against SELLER/PROVIDER based on system errors.
12.16. Any disruption in the process or problems that may arise with the credit card will be notified to the BUYER by using one or more of the phone/fax/e-mail methods specified in the Contract. If necessary, the BUYER may be asked to contact his bank. The confirmation time of orders is not the moment the order is placed, but the moment when the necessary collection is made from the credit card account or the transfer (EFT) is determined to have reached the SELLER/PROVIDER accounts.
12.17 In cases where it can be understood by the majority that there is a clear and exorbitant error in the PRODUCT price (in case it is written much below the market price), all orders placed according to this incorrect price have the right to be canceled by the SELLER/PROVIDER. BUYER accepts and declares that in such cases, he will not have any rights or demands since the transaction is a clear error.
12.18. The Parties have the right to transfer and assign this Agreement and/or all obligations, debts, commitments, rights, demands and receivables related to the Agreement, in whole or in part, to third parties (without prejudice to any rights and guarantees held by the BUYER). .
- PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGES AND PRIVACY POLICY
13.1. In accordance with the Personal Data Protection Law No. 6698 (“KVKK”), the relevant LEGISLATION and the SELLER/PROVIDER's KVKK and Privacy Policy, the name, surname, e-mail address, TR ID number, address, telephone of the BUYER, which are considered personal data. number, demographic data, financial data, etc. informations; taking orders, providing products and services, developing products and services, solving systemic problems, performing payment transactions, -if prior approval is given- to be used in marketing activities about orders, products and services, updating the BUYER's information and managing and maintaining memberships. For the purpose of executing the distance sales contract and other contracts established between the SELLER/PROVIDER and the SELLER/PROVIDER to provide the technical, logistics and other similar functions of third parties, the above-mentioned data may be collected by the SELLER/PROVIDER, Erciyes Anadolu Holding subsidiaries and third parties and/or organizations. It can be recorded, kept in archives, used, updated, shared, transferred and processed in other ways in accordance with KVKK LEGISLATION. BUYER declares and accepts that he expressly consents to the transmission, processing and storage of his personal data to real and/or legal persons with whom the SELLER/PROVIDER cooperates for the specified purposes, within the scope of KVKK No. 6698. Processed personal data is deleted, destroyed or anonymized at the end of the required period in accordance with the KVKK and Privacy Policy of the SELLER/PROVIDER and the relevant LEGISLATION. BUYER accepts and declares that he can access detailed information about KVKK and relevant LEGISLATION and his rights by reviewing the KVKK Information Text on the SELLER/PROVIDER'S PLATFORM.
13.2. The privacy rules-policy and conditions briefly stated below (current principles in comprehensive and detailed form in the relevant parts of the PLATFORM) apply to the protection, confidentiality, processing-use, communications and other matters of information on the PLATFORM.
13.3. Necessary precautions for the security of the information and transactions entered into the PLATFORM by the BUYER have been taken in the system infrastructure of the SELLER/PROVIDER, within today's technical possibilities, according to the nature of the information and transaction. However, since the information in question is entered from the BUYER's device, it is the BUYER's responsibility to take the necessary precautions, including those regarding viruses and similar harmful applications, to ensure that it is protected by the BUYER and cannot be accessed by unrelated persons.
13.4. In addition to and confirming the permissions-approvals regarding personal data and commercial electronic communications given by the BUYER in other ways; The information obtained during the BUYER's membership and shopping in the PLATFORM is shared with the SELLER/PROVIDER, including İZMİRA TASARIM MOBİLYA TURİZM OTOMOTİV SAN. AND TRADE Inc. Provision of various products/services and all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card and membership by its current and future subsidiaries, affiliates, partners, successors and/or third parties/organizations determined by them. For electronic and other commercial-social communications to be made for the purpose of applications, it can be recorded indefinitely or for a period to be foreseen by the mentioned ones and their successors, can be stored in printed / magnetic archives, can be updated, shared, transferred, transferred, used and processed in other ways when deemed necessary. These data may also be forwarded to the relevant authorities and Courts when required by law. The BUYER consents and allows the use, sharing, processing of his/her current and new personal and non-personal information in accordance with the legislation on the protection of personal data and electronic commerce legislation within the scope of above and the making of commercial and non-commercial electronic communications and other communications.
13.5. BUYER may stop data use-processing and/or communications at any time by reaching the SELLER/PROVIDER through the specified communication channels, in accordance with the law, or by using the right of rejection in electronic communications sent to him/her. According to the BUYER's clear notification on this matter, personal data processing and/or communications to the party are stopped within the legal maximum period; In addition, if he wishes, his information, other than what is legally required and/or possible to be preserved, will be deleted from the data recording system or anonymized so that his identity cannot be determined. If the BUYER wishes, the transactions related to the processing of his personal data, the persons to whom it is transferred, correction of it if it is incomplete or inaccurate, notification of the corrected information to the relevant third parties, deletion or destruction of the data, objection to the emergence of a result against him by analyzing it with automatic systems, objection to the emergence of a result against him, You can always contact the SELLER/PROVIDER through the above communication channels and get information on issues such as compensation in case of loss due to processing. Applications and requests regarding these matters will be fulfilled within the legal maximum periods or may not be accepted after the legal justification is explained to the party.
13.6. MANUFACTURER/SELLER/PROVIDER reserves the right to make any changes it may deem necessary regarding the above issues; These changes are valid from the moment they are announced by the MANUFACTURER/SELLER/PROVIDER via the PLATFORM or other appropriate methods.
13.7. MANUFACTURER, communication by letter, e-mail, SMS, telephone call and other means, for the purpose of communicating through the address, e-mail address, landline and mobile phone lines and other contact information specified by the BUYER in the site registration form or updated by him later, It has the right to obtain permission for changes by reaching BUYERS who have explicit consent to the commercial electronic transmission text for marketing, notification and other purposes. By accepting this Agreement, the BUYER accepts and declares that the MANUFACTURER may engage in the above-mentioned communication activities towards him and that he will receive permission in case of updates or changes.
13.8. Other sites accessed from the PLATFORM have their own privacy-security policies and terms of use, and the MANUFACTURER/SELLER/PROVIDER is not responsible for any disputes that may arise and their negative consequences.
- DEFAULT AND LEGAL CONSEQUENCES
BUYER accepts, declares and undertakes that in case of default when making payment transactions by credit card, he will pay interest within the framework of the credit card agreement between the cardholder and the bank and will be responsible to the bank. In this case, the relevant bank may take legal action; may request the costs and attorney fees incurred from the BUYER.
- APPLICABLE LAW AND APPLICABLE COURT
In case of disputes regarding this Distance Selling Agreement; Provincial or District Consumer Problems Arbitration Committees are authorized up to the value declared by the Ministry of Commerce every year, and Consumer Courts are authorized for disputes above the said value.
- EVIDENCE AGREEMENT
SELLER/PROVIDER records (including records on magnetic media such as computer-voice recordings) constitute conclusive evidence in resolving any disputes that may arise from this Agreement and/or its implementation.
- FORCE
Once this Agreement is accepted and approved and the payment for the order placed through the PLATFORM is made, the BUYER will be deemed to have accepted all the conditions of this Agreement and this Agreement will come into force.
Name, title, full address, telephone and other access information of the BUYER, SELLER/PROVIDER and MANUFACTURER. Basic characteristics of the service subject to the contract, sales price including taxes, payment method, all preliminary information about the service subject to sale and the right of "withdrawal". It is clear that the SELLER/PROVIDER has been informed about the use of this right and how to use this right, the official authorities to whom they can submit their complaints and objections, and all the rights and obligations brought by the contract, in accordance with the internet environment and Law No. 6502, and has accurate and complete information on these matters, He accepts, declares and undertakes that he has confirmed the information electronically and subsequently placed the order, that he has accepted the terms of the Agreement and become a party to it, and that he has no objection.
The Preliminary Information Form on the PLATFORM and the invoice issued upon the order placed by the BUYER are integral parts of this Agreement.
BUYER :
SELLER/PROVIDER:
HISTORY :