ARTICLE 1- PARTIES TO THE AGREEMENT
SELLER: AJK Tekstil Paz. İth. İhr. A.Ş.
Address: Eyüpoğlu mahallesi Şerefoğlu sokak No:10/1 Şahinbey / Gaziantep
Telephone: +90 342 338 10 28
TR ID No:
Date of Birth:
Commercial Title (If any): ......
Tax Office (If any):
Tax ID No:
ARTICLE 2- SUBJECT OF THE AGREEMENT
2.1. This Agreement regulates the rights and obligations of the Parties as per the provisions of the Law No: 4077 on the Protection of the Consumer and Regulation on Distance Sales Agreements regarding the sale and delivery of the product, the qualifications and sales price of which are specified below, ordered by the BUYER in electronic environment through SELLER’s website.
2.2. The BUYER hereby agrees and declares to have been clearly informed in the electronic environment by the SELLER about SELLER’s name, title, full address, telephone and other contact information, basic characteristics of the products subject to sale, sales price including the relevant taxes, method of payment, delivery terms and costs etc. all the preliminary information about the product subject to sale and exercise of the “Right of Withdrawal”, official authorities to submit complaints and objections. The BUYER further agrees and declares to confirm such preliminary information and then order products.
2.3. The preliminary information available at www.kutnia.com website and the invoice issued upon the order given by the BUYER are integral parts of this Agreement.
ARTICLE 3- CONTRACT PRODUCT
3.1. Type and kind, quantity, brand/model, sales price, method of payment, receiver party, delivery address, invoice details, shipping cost etc. of the contract product purchased in electronic environment are as follows.
3.2. The person to whom the invoice is issued and the one placing the order must be the same person. The information below must be true, complete and accurate. The BUYER agrees, declares and undertakes to bear any and all responsibility arising from the submission of inaccurate or missing information.
3.3. The Seller reserves the right to suspend the order when deemed necessary and/or when the information provided by the Buyer are factually inaccurate. If the SELLER finds out any problem about the order or fails to contact the Buyer by phone, email and mail address provided by the Buyer; then the Seller shall have right to suspend the order processing for 15 (fifteen) days. It is expected that the Buyer will contact the Seller and confirm the order during such period. If there is no any respond from the Buyer during this period of time, then the Seller shall be entitled to unilaterally terminate or cancel the order.
Purchased Product / Products:
Name, Code: … pcs
Total Sales Price: …. -TRY
Method of Payment: Credit Card/Bank Transfer (EFT)
Tax Identification Number:
Shipping Cost: … -TRY
ARTICLE 4- RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The SELLER agrees and declares to fulfill its contractual obligations, except for the force majeure, as per Law No: 4077 on the Protection of the Consumer and Regulation on Distance Sales Agreements.
4.2. The product subject to the Agreement is delivered to the BUYER or person/institutions indicated by the BUYER within 30 (thirty) days. This period may be extended for maximum 10 days provided to notify in advance and in writing.
4.3. The SELLER shall be obliged to deliver the contract product in good condition, in full, in compliance with the specifications declared at order and together with warranty certificate and user manual, if any.
4.4. If it is found out that the contract product cannot be supplied and/or when encountered with inventory problems, the BUYER shall be explicitly and clearly informed and then another product with equal quality and price can be sent to the BUYER or the BUYER can wait for the product to be in stock again or the order may be cancelled in line with the BUYER’s decision.
4.5. In cases where it becomes impossible for the SELLER to fulfill its obligation to deliver the contract product, the BUYER shall be informed of such circumstance immediately and total amount of money paid by the BUYER and any payment documents shall be returned to the BUYER and the Agreement shall be terminated within latest 10 (ten) days. In such case, the BUYER shall not claim any additional pecuniary losses and intangible damages from the SELLER.
4.6. No one under age 18 (eighteen) is allowed to shop via www.kutnia.com website. The SELLER shall base on the age stated by the BUYER on the Agreement. However, the BUYER shall be fully responsible for his/her misstatement about his/her age and the SELLER shall not be held liable in respect thereof.
4.7. The SELLER shall not be held responsible for typographical errors and/or price errors due to system failures and for typographical errors and/or price errors due to unauthorized and illegal interventions to the system. The BUYER agrees, declares and undertakes not to claim any right from the SELLER based on these errors.
ARTICLE 5- RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. The BUYER agrees and declares to fulfill its contractual obligations in full, except for the force majeure events.
5.2. By placing order, the BUYER agrees, declares and undertakes to agree and confirm the provisions of this Agreement and to make payment in accordance with the method payment indicated in this Agreement.
5.3. The delivery of the contract product shall be subject to the payment of the product price through method of payment preferred by the BUYER. If, for any reason whatsoever, the product price is not paid or if the payment is cancelled in bank records, then the SELLER shall be discharged from the obligation to deliver the product.
5.4. If, following the delivery of the product, the relevant bank or finance institutions fails to pay the product price to the SELLER due to illegal use of the BUYER’s credit card by unauthorized persons or for any other reason whatsoever, then the BUYER shall be obliged to return the product, if delivered, to the SELLER within 10 (ten) days. In such case, shipping cost shall be borne by the BUYER.
5.5. If the contract product shall be delivered to any person/institution other than the BUYER, then the SELLER shall not be held responsible when the receiver person/institution does not accept the delivery and/or if the receiving party does not deliver the contract product to the BUYER. In such case, the responsibility shall belong to the BUYER.
5.6. The BUYER shall inspect the contract product before its delivery and shall not accept crushed, broken, damaged and defective products with damaged packaging from shipping company. If the BUYER accepts and receives the contract product from cargo/shipping company, he/she agrees and declares that the product is in good condition and free of damage. The BUYER shall be solely responsible to duly keep the product after its delivery.
5.7. In cases where the BUYER is informed or is expected to be informed of the defects on the signature date of the Agreement and/or on the date of delivery, then the SELLER may not claim any right due to noncompliance with the Agreement. The BUYER’s right of choice arising from Law on the Protection of the Consumers are reserved against other defects and hidden defects.
5.8. If the BUYER wishes to return the purchased product, then the BUYER agrees, declares and undertakes not to damage the product and its packaging and to return the original invoice and delivery note during return process.
5.9. The BUYER hereby agrees and declares to have been clearly informed through www.kutnia.com website in the electronic environment about SELLER’s name, title, full address, telephone and other contact information, basic characteristics of the products subject to sale, sales price including the relevant taxes, method of payment, delivery terms and costs etc. all the preliminary information about the product subject to sale and exercise of the “Right of Withdrawal”, official authorities to submit complaints and objections. The BUYER further agrees and declares to confirm such preliminary information in electronic environment.
5.10. Based on previous article, the BUYER agrees and declares to read and be informed of www.kutnia.com order/payment/use procedures where instruction for product order and payment terms, product usage instructions as well as precautions taken against possible situations are available and further agrees and declares to confirm these matters in electronic environment.
5.11.The rights of the SELLER in terms of any and all trademark, patent, information and visual materials of the products and services as per Industrial Property Law No: 6769, Decree Law No: 556 on Protection of Trademarks, Decree Law No: 551 on Protection of Patents and the provisions of the Regulation on Prevention of Unfair Competition are reserved. The BUYER hereby agrees, declares and undertakes that any kinds of trademark, photos, information and visual materials used within the scope of this shopping shall belong to the SELLER or to the Holder of Registry of said trademark, photos, information and visual materials; the BUYER further agrees, declares and undertakes to keep these information and materials confidential and not to use for any other purpose and not to disclose to any third party.
ARTICLE 6- ORDER/PAYMENT PROCESSING
6.1. After the total price of the products including VAT (total amount of installments in case of sale by installments) added by the BUYER to the shopping cart on www.kutnia.com website is confirmed by the BUYER, it is processed through POS device of the relevant bank. For this reason, an order confirmation e-mail is sent to the customer before the shipment of the orders. No shipment is made without sending Order Confirmation E-mail.
6.2. The BUYER can place orders at www.kutnia.com website using his/her credit card (Visa, MasterCard, etc.) or through cash bank transfer. During bank transfer and/or EFT process, “Sender Details” should be the same with Invoice Details and order number should be stated. The method of payments such as cash on delivery or post check are not accepted. If the relevant bank transfer is not made within one week following the order date, the relevant or der is cancelled. Processing time of the orders is the time of collection of the relevant amount from credit card account or time of arrival of the bank transfer (EFT) to SELLER’s bank accounts but not the time of order.
6.3. Any malfunctions during order and/or payment process or problems that may arise with respect to credit card shall be notified to the BUYER through one or several communication methods such as telephone, fax, e-mail etc. specified in the Agreement.
ARTICLE 7- DELIVERY PROCEDURE
7.1. Upon sending order confirmation e-mail to the BUYER, the product/products are delivered to SELLER’s contracted courier company at SELLER’s own cost and expense.
7.2.Product/products shall be delivered to the BUYER’s address by SELLER’s contracted courier company. Delivery period is 30 days following the sending of order confirmation e-mail. This period may be extended for maximum 10 days provided to notify the BUYER in advance and in writing. The BUYER cannot hold the SELLER responsible for the delays in delivery due to mistakes and/or deficiency in shipment details, due to various social events and natural disasters and for delays in delivery due to reasons beyond the SELLER’s control.
7.3. The SELLER shall not be responsible for additional shipping costs since the BUYER, or if the product shall be delivered to any person/institution other than the BUYER, that recipient person/institution does not accept the delivery or due to mistakes and/or deficiencies in shipment details and/or if the BUYER cannot be found at the designated address. If the product/products is/are not delivered on specified date, delivery problems should be notified to customer services using firstname.lastname@example.org e-mail address.
7.4. The damaged packages should not be accepted and Courier Company officer should be asked to take the minutes down. If the package is rejected and the minute is taken, then this matter should be reported to the SELLER’s customer services with the BUYER’s copy of the minute as soon as possible. The BUYER agrees and declares that the product accepted by him/her is complete, free of defect and in good condition.
7.5. If, for any reason whatsoever, product price payment is cancelled by the BUYER or the Bank, then the SELLER shall not be obliged to deliver the product anymore.
ARTICLE 8- RIGHT OF WITHDRAWAL AND PRODUCT RETURN PROCEDURE:
8.1. The BUYER can exercise its right of withdrawal within 7 (seven) days following the delivery of the product to him/her and/or person/institution designated by him/her without showing any reason and without bearing any legal and criminal responsibility. To exercise the right of withdrawal, it is necessary to make written notification to the SELLER and the product should be unused. To exercise such right, it is necessary to return the original invoice delivered to the BUYER or third person. The BUYER must fill in and sign the relevant sections of two copies of invoices of the SELLER delivered together with the product and must send one copy to the SELLER together with the product and keep the other copy.
8.2. The shipping costs of the returned product/products shall be borne by the BUYER.
8.3. The right of withdrawal cannot be exercised for the products prepared or manufactured in line with the special requests and/or personal needs of the BUYER.
8.4. In the event that the BUYER exercises its right of withdrawal, the SELLER shall return total amount of money paid by the BUYER and any payment documents to the BUYER within latest 10 (ten) days following the receipt of the returned product and invoice containing the notification of withdrawal without charging any costs or expenses to the BUYER. The product price is refunded to the BUYER within 5 (five) days following the receipt of the notification of withdrawal and returned product. If the original product is not returned, VAT and other legal obligations, if any, shall not be returned.
8.5. To return a product, this matter should first be notified by the BUYER to SELLER’s customer services. Then, the product to be returned should be delivered to the SELLER together with the invoice containing the information on product return by the Courier Company which delivers the product to the BUYER. If the product returned to the SELLER meets the conditions set forth in this Agreement, then the product return is accepted and the relevant amount is refunded to BUYER’s credit card/account. No refund is made until the product is returned. Time for reflection of the refunds to credit card account shall be at the disposal of the relevant bank.
8.6. If the shopping is made by credit card and in installments, refund to credit card account shall be as follows: The Bank will refund the BUYER in the same number of installments as the BUYER bought the product. After the SELLER pays all of the product value to the bank at once, in order for the parties’ best advantages, the requested return amounts will be transferred to the bearing accounts by the Bank in installments. For the1 (one) return shall be reflected to the card each month if the date of return and statement date don’t overlap and the BUYER shall receive the installments paid before the return process following the completion of the installments and such amount shall be deducted from his/her current debts and obligations.
8.7. In the case of return of products and services purchased by the card, the SELLER shall not be able to make cash payment to the BUYER in accordance with the contract executed with the Bank. The merchant, namely the SELLER, shall refund via relevant software in the event of a refund transaction and since the SELLER is obliged to make payment in cash or on account to the bank and in accordance with the procedure detailed above the SELLER cannot make cash payment to the BUYER. The refund to the credit card shall be made by the Bank in accordance with the above procedure, after the BUYER makes the payment to the bank all at once.
ARTICLE 9- FORCE MAJEURE
9.1. Circumstances which did not exist or could not have been anticipated on the signature date of this Agreement as well as reasons beyond the reasonable control of the Parties (including but not limited to natural disasters, war, terrorist actions, rebellion, amended legislation provisions, confiscation or strike, lock out, significant failure in production and communication facilities etc.) which prevent and/or delay either or both of the Parties performing their obligations hereunder, in whole or in part, shall be deemed as a force majeure event. The Party faced with force majeure event shall immediately notify the other Party in writing.
9.2. During the course of force majeure, Parties shall not be liable for their failure to perform their obligations hereunder. If such force majeure event lasts more than 30 (thirty) days, each Party shall be entitled to unilaterally terminate this Agreement.
ARTICLE 10- GUARANTEE
The products appropriately used and cleaned in accordance with user manual are under guarantee for 2 years against any and all manufacturing defects under the conditions set forth below. The SELLER’s guarantee obligation shall be against consumers falling within the scope of Law No: 4077. For the matters having commercial qualifications, the provisions of Turkish Commercial Code shall apply.
ARTICLE 11- CONFIDENTIALITY
11.1. Information provided by the BUYER within the scope of this Agreement and information and data provided to the SELLER for payment purposes shall not be disclosed by the SELLER to third parties. The SELLER shall disclose such information only within the scope of the existence of administrative/statutory obligation. The BUYER’s credit card details are not stored at SELLER’s database.
11.2. E-mail address, postal address and telephone information of the BUYER can be used by the SELLER for the standard product delivery and information procedures. By this Agreement, the BUYER agrees and declares to give its consent to sending of new campaigns, promotional information and information on new products to him/her.
ARTICLE 12- COMPETENT COURT AND ENFORCEMENT OFFICES:
In case of any disputes arising in connection with the implementation of this Agreement, Consumer Arbitration Committee shall have jurisdiction for the amounts up to the values declared by the Ministry of Industry and Commerce and Consumer Courts shall have jurisdiction for the disputes above such amount and Civil Courts of First Instance shall have jurisdiction where no Consumer Court is available.
ARTICLE 13- AGREEMENT DATE
The date of this Agreement is …./…./…… the date on which the order is placed by the BUYER. Upon the completion of the order, the BUYER shall be deemed to have accepted all the terms and conditions of this Agreement.
This document has been executed by the SELLER on …/…/…. As a BUYER, I have read, understood and accepted all the issues written in this Preliminary Information Form for Sales and Distance Sales Agreement and I have approved and confirmed all the issues therein.