Distance Sales Agreement
1. PARTIES
This Agreement is signed under the terms and conditions stated below between the following parties.
‘BUYER’; (hereinafter referred to as "BUYER" in the contract) Name-Surname: Address:
‘SELLER’; (hereinafter referred to as "SELLER" in the contract) KAYRA GLOBAL DIŞ TİCARET LTD ŞTİ Address: Molla Fenari mh. Babıali cd. No:9 Kat:4 D:11 Cagaloglu Fatih ISTANBUL/TURKEY
Tax Office: Tax Number:
By accepting this contract, the BUYER agrees and acknowledges in advance that, if they approve the order, they are obligated to pay the order amount and any additional fees such as shipping fees and taxes, and that they have been informed about these obligations.
2. DEFINITIONS
In the implementation and interpretation of this contract, the following terms will have the meanings given next to them:
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: The Law on Consumer Protection No. 6502,
REGULATION: The Regulation on Distance Contracts (OG:27.11.2014/29188),
SERVICE: Any consumer transaction other than providing goods, performed or committed to be performed for a fee or benefit,
SELLER: The company offering or acting on behalf of or for the account of the one offering goods to the consumer within the scope of its commercial or professional activities,
BUYER: The natural or legal person acquiring, using, or benefiting from a good or service for purposes other than commercial or professional,
SITE: The website belonging to the SELLER,
ORDER PLACER: The natural or legal person requesting a good or service through the SELLER’s website,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This contract concluded between the SELLER and the BUYER,
GOOD: The movable property subject to shopping and the software, sound, image, and similar intangible goods prepared for use in electronic environment.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the product, the qualifications and sale price of which are specified below, that the BUYER ordered electronically from the website belonging to the SELLER, in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts.
The listed and announced prices on the site are the sale prices. Announced prices and promises are valid until they are updated and changed. The SELLER reserves the right to change the prices of the products at any time. The prices announced for a limited period are valid until the end of the specified period.
SELLER INFORMATION
Title: KAYRA GLOBAL DIŞ TİCARET LTD ŞTİ
Tax Office: Tax Number:
Address: Molla Fenari mh. Babıali cd. No:9 Kat:4 D:11 Cagaloglu Fatih ISTANBUL/TURKEY
Phone: Email:info@kyrazer.com
BUYER INFORMATION
Person to be delivered: Delivery Address: Phone: Fax: Email/username:
ORDER PLACER INFORMATION
Name/Surname/Title: Address: Phone: Fax: Email/username:
INFORMATION ON THE PRODUCT(S) SUBJECT TO THE CONTRACT
The basic features of the good(s) / product(s) / service(s) (type, quantity, brand/model, color, number) are published on the SELLER's website. If the SELLER has organized a campaign, you can review the relevant product’s basic features during the campaign. Valid until the campaign date.
7.2. The listed and announced prices on the site are the sale prices. Announced prices and promises are valid until they are updated and changed. The prices announced for a limited period are valid until the end of the specified period.
7.3. The total selling price of the product or service subject to the contract, including all taxes, is shown below.
Product Description: Quantity: Unit Price: Subtotal (Including VAT):
Shipping Fee: Total:
Payment Method and Plan: Delivery Address: Person to be delivered: Billing Address: Order Date: Delivery Date: Delivery Method:
7.4. The shipping cost for the product shipment will be paid by the BUYER.
BILLING INFORMATION
Name/Surname/Title: Address: Phone: Fax: Email/username: Invoice delivery: The invoice will be delivered along with the order to the billing address at the time of order delivery.
GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes that they have read, become informed, and provided the necessary confirmation in electronic form regarding the basic qualities of the product subject to the contract, the sales price, the payment method, and the preliminary information regarding delivery, on the website of the SELLER. The BUYER acknowledges, declares, and undertakes that they have obtained the necessary preliminary information about the address to be given to the BUYER by the SELLER, the basic features of the ordered products, their prices including taxes, payment, and delivery information correctly and completely, and confirmed this information electronically before the conclusion of the distance sales contract.
9.2. Each product subject to the contract will be delivered to the BUYER or to the person/entity at the address indicated by the BUYER, provided that it does not exceed the 30-day legal period, depending on the BUYER's distance from the SELLER's location, within the period specified in the preliminary information section on the website. If the product cannot be delivered to the BUYER within this period, the BUYER has the right to terminate the contract.
9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the contract fully, in accordance with the qualifications specified in the order, and with the documents such as warranty certificates, user manuals, if any, required by the job, in a sound, standard, in accordance with the legal regulations, free from all kinds of defects, to perform the work with the principles of accuracy and honesty, to preserve and increase the quality of service, to show the necessary care and diligence during the performance of the work, to act with prudence and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit approval before the fulfillment period of the contractual obligation expires.
9.5. If the SELLER fails to fulfill the contractual obligations due to the impossibility of fulfilling the order subject to the contract, they will notify the consumer in writing within 3 days from the date they learned of this situation, and return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the contract, and if the contract price is not paid for any reason and/or is canceled in the bank records, the SELLER’s obligation to deliver the product subject to the contract will cease.
9.7. The BUYER accepts, declares, and undertakes that if the product subject to the contract is delivered to the person/entity indicated at the address after the delivery, if the relevant bank or financial institution does not pay the price of the product to the SELLER due to the unauthorized use of the BUYER's credit card by unauthorized persons after the delivery, the BUYER will return the product to the SELLER within 3 days at the SELLER's expense.
9.8. The SELLER accepts, declares, and undertakes to inform the BUYER if they cannot deliver the product subject to the contract within the due time due to force majeure events that develop outside the parties' will, were not foreseen and prevent the parties from fulfilling their debts and/or delay, and to exercise one of the rights to cancel the order, replace the product subject to the contract with its precedent, and/or postpone the delivery period until the impeding situation is eliminated by the BUYER. In case the BUYER cancels the order, the amount paid in cash will be paid to them in cash and in full within 14 days. For payments made by the BUYER with a credit card, the product amount will be returned to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER acknowledges, declares, and undertakes that the average process of reflecting the amount returned to the credit card by the SELLER to the BUYER's account may take 2 to 3 weeks, and that this period is completely related to the bank transaction process after the return of the amount to the bank, and the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to reach the BUYER for communication, marketing, notification, and other purposes via the address, e-mail address, fixed and mobile phone lines, and other contact information specified in the registration form on the site or updated by the BUYER later, through letter, e-mail, SMS, phone call, and other means. By accepting this Agreement, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities.
9.10. The BUYER will inspect the product/service subject to the contract before receiving it; crushed, broken, torn packaging, etc. damaged and defective product/service will not be received from the courier company. The received product/service will be considered undamaged and intact. The obligation to carefully protect the product/service after delivery belongs to the BUYER. If the right of withdrawal is to be used, the product/service should not be used. The invoice must be returned.
9.11.
If the BUYER and the holder of the credit card used during the order are not the same person or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request from the BUYER the identification and contact information of the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the bank of the cardholder indicating that the credit card belongs to them. The order will be frozen until the BUYER provides the requested information/documents, and if the requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
9.12.
The BUYER declares and undertakes that the personal and other information provided while becoming a member of the SELLER's website is truthful, and that they will immediately, in cash and in full, compensate the SELLER for all direct or indirect, negative or positive damages incurred due to the inaccuracy of this information upon the first notification by the SELLER.
9.13.
The BUYER agrees and undertakes in advance to comply with the provisions of the legal regulations while using the SELLER's website and not to violate these provisions. Otherwise, all legal and penal obligations arising will be fully and exclusively borne by the BUYER.
9.14.
The BUYER cannot use the SELLER's website in any way that disrupts public order, violates general morality, disturbs and harasses others, for an unlawful purpose, or in a manner that infringes on the material and moral rights of others. Additionally, the member cannot engage in activities that prevent or make it difficult for others to use the services (spam, virus, trojan, etc.).
9.15.
Links to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties may be provided through the SELLER's website. These links are provided to facilitate navigation for the BUYER and do not support any website or the person operating that site and do not carry any guarantee regarding the information contained on the linked website.
9.16.
A member who violates one or more of the provisions listed in this agreement will be personally and criminally responsible for the violation and will keep the SELLER free from the legal and criminal consequences of these violations. Additionally, if the violation causes the matter to be brought to the legal field, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
RIGHT OF WITHDRAWAL
10.1.
The BUYER can use the right to withdraw from the contract by rejecting the goods without any legal or penal responsibility and without giving any reason, provided that they notify the SELLER within 14 (fourteen) days from the date of delivery of the product to the BUYER or the person/entity at the address indicated. In the case of distance contracts for the provision of services, this period starts from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the consumer's approval before the withdrawal period expires. The costs arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER acknowledges that they have been informed about the right of withdrawal.
10.2.
To exercise the right of withdrawal, written notification must be made to the SELLER via registered mail, fax, or email within 14 (fourteen) days, and the product must be unused within the framework of the provisions of "Products for which the Right of Withdrawal Cannot be Exercised" as regulated in this contract. In case this right is exercised:
a) The invoice of the product delivered to the person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning. Order returns invoiced on behalf of the institutions cannot be completed unless the RETURN INVOICE is issued.) b) The return form, c) The products to be returned must be delivered complete and undamaged, together with the box, packaging, and standard accessories, if any. d) The SELLER is obliged to return the total amount and the documents that put the BUYER in debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notification and to receive the goods within 20 days. e) If there is a decrease in the value of the goods due to the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's damages at the rate of their fault. However, the BUYER is not responsible for changes and deteriorations caused by the proper use of the product or goods within the right of withdrawal period. f) In case of a decrease below the campaign limit amount set by the SELLER due to the exercise of the right of withdrawal, the amount of discount benefited from the campaign is canceled.
PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The right of withdrawal cannot be exercised for goods prepared in accordance with the BUYER's wishes or clearly personal needs, and which are not suitable for return, underwear bottoms, swimwear and bikini bottoms, make-up materials, single-use products, goods that are in danger of deterioration or may expire, products that are not suitable for return in terms of health and hygiene if the packaging is opened by the BUYER after delivery, products that are mixed with other products after delivery and cannot be separated due to their nature, goods related to periodicals such as newspapers and magazines, other than those provided under the subscription agreement, services performed instantly in electronic environment or intangible goods delivered instantly to the consumer, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if the packaging has been opened by the BUYER. Additionally, the right of withdrawal cannot be exercised for services that have begun to be performed with the consumer's approval before the right of withdrawal period expires in accordance with the Regulation.
Cosmetic and personal care products, underwear products, swimwear, bikinis, books, reproducible software and programs, DVDs, VCDs, CDs, and cassettes and stationery consumables (toner, cartridge, ribbon, etc.) must be unopened, untested, undamaged, and unused for return.
DEFAULT AND LEGAL CONSEQUENCES
In cases where the BUYER performs the payment transactions by credit card, the BUYER accepts, declares, and undertakes that they will pay interest within the framework of the credit card agreement with the bank and be responsible to the bank in case of default. In this case, the relevant bank may take legal action; the expenses and attorney fees arising from this and, in any case, the BUYER accepts, declares, and undertakes that they will compensate the SELLER for all direct or indirect damages and losses incurred due to the delayed performance of the debt in case of the BUYER's default.
AUTHORIZED COURT
In disputes arising from this agreement, complaints and objections will be made to the Consumer Arbitration Committees or the Consumer Courts in the place where the consumer's residence is located or where the consumer transaction is made within the monetary limits specified in the Law No. 6502 on Consumer Protection. This article outlines that for disputes below four thousand Turkish Lira, district consumer arbitration committees; for disputes below six thousand Turkish Lira, provincial consumer arbitration committees; and for disputes between four thousand and six thousand Turkish Lira in provinces with metropolitan status, provincial consumer arbitration committees are mandatory. Applications cannot be made to consumer arbitration committees for disputes above these values.
(2) Consumer arbitration committees are obliged to accept applications made to them for the necessary action.
(3) Applications can be made to the consumer arbitration committee where the consumer's residence is located or where the consumer transaction is made. In places where there is no consumer arbitration committee, the regulation determines where these applications will be made and which consumer arbitration committee will decide on these applications.
(4) The monetary limits specified in this article are applied by increasing the revaluation rate determined and announced in accordance with the provisions of the Tax Procedure Law No. 213 from the beginning of each calendar year. The fractions of ten Turkish Lira are not taken into account in the calculation of these increases.
(5) This article does not prevent consumers from applying to alternative dispute resolution authorities in accordance with the relevant legislation.
ENFORCEMENT
The BUYER is deemed to have accepted all the terms of this agreement when they make the payment for the order placed on the Site. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this agreement has been read and accepted by the BUYER on the site before the order is fulfilled.
SELLER: KAYRA GLOBAL DIŞ TİCARET LTD ŞTİ
BUYER:
DATE: