Distance Sales Agreement
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SUBJECT
The subject of this Sales Contract Preliminary Information Form covers the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on the Protection of Consumers - Distance Contracts Regulation (Official Gazette: 27.11.2014/29188) regarding the sale and delivery of the product(s) sold by the SELLER to the CUSTOMER/BUYER, the specifications and sales prices of which are specified below. By accepting this Preliminary Information Form, the BUYER acknowledges that upon confirming the order, they will be obligated to pay the order price and any additional fees specified, such as shipping and taxes, and that they have been informed accordingly.
2. SELLER INFORMATION
Title: YAŞAR KENDİR TEXTILE IMPORT AND EXPORT FOREIGN TRADE JOINT STOCK COMPANY (Hereinafter referred to as the SELLER.)
Address: Mehmet Nesih Özmen Mah.Savaş Cad.Lumber Dealers Site Fidan Sk.No:7 Güngören/İSTANBUL
Phone: 0 212 505 26 90 - 0 530 762 79 32
Email: info@yakemall.com.tr
3. BUYER INFORMATION (Hereinafter referred to as BUYER.)
Name Surname Title: |
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Address: |
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Telephone : |
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Email: |
4. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE CONTRACT
4.1 The basic characteristics of the goods/products (type, quantity, brand/model, color, number) are available on the SELLER's website. You can review the basic features of the product during the campaign period. The campaign is valid until its expiration date.
4.2 The prices listed and announced on the site are the sales prices. Advertised prices and promises are valid until updated or changed. Prices advertised for a limited period are valid until the end of the specified period.
4.3 The sales price of the goods or services subject to the contract, including all taxes, is shown in the table below.
Product Code |
Product Name |
Brand |
Price |
Amount |
Amount |
Shipping Fee: VAT: Your total purchase amount including VAT: |
5. RULES ON SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL PROPERTY AND INDUSTRIAL PROPERTY RIGHTS
The privacy rules-policy and conditions specified below apply to the protection, confidentiality, processing-use and communications of information on the website and other matters.
5.1. Necessary measures for the security of the information and transactions entered by the BUYER on the website have been taken within the seller's system infrastructure, within the limits of current technical capabilities, depending on the nature of the information and transaction. However, since the information in question is entered from the buyer's device, the BUYER is responsible for taking the necessary precautions, including those against viruses and similar malicious applications, to protect it from unauthorized access.
5.2 Information obtained by the BUYER during membership and shopping on the website may be recorded, stored in printed/magnetic archives, updated, shared, transferred, used, and processed in other ways indefinitely or for a period determined by the SELLER, Yaşar Kendir Tekstil, its affiliates, subsidiaries, partners, successors, and/or third parties/organizations designated by them for the provision of various products/services and all kinds of information, advertising-promotion, promotion, sales, marketing, store card, credit card, and membership applications. These data may also be forwarded to the relevant authorities and courts when required by law. The BUYER consents and allows the use, sharing and processing of his/her current and new personal and non-personal information within the above scope in accordance with the legislation on the protection of personal data and electronic commerce legislation, and to receive commercial and non-commercial electronic and other communications.
5.3. The BUYER may stop data use, processing, and/or communications at any time by contacting the SELLER through the specified communication channels. Pursuant to the BUYER's express notification in this regard, personal data processing and/or communications will be stopped within the legally maximum period. Furthermore, if the BUYER so requests, information other than those legally required and/or possible to be preserved will be deleted from the data recording system or anonymized in a way that prevents identification. The BUYER may, if it wishes, contact the SELLER through the above communication channels and receive information regarding the processing of its personal data, the persons to whom it was transferred, the correction of incomplete or inaccurate data, the notification of corrected information to relevant third parties, the deletion or destruction of data, objection to any adverse outcome resulting from analysis by automated systems, and compensation for damages incurred due to unlawful processing of data. Applications and requests regarding these matters will be fulfilled within the legally maximum period or may be rejected after the legal justification is explained to the BUYER.
5.4. Regarding all information and content of the website and their arrangement, revision and partial/full use; all intellectual and industrial rights and property rights belong to the SELLER, except those belonging to other third parties in accordance with the agreement of the SELLER.
5.5. SELLER reserves the right to make any changes it may deem necessary regarding the above issues; these changes shall be valid from the moment they are announced by the seller on the website or by other appropriate methods.
5.6. Other sites accessible from the website are subject to their own privacy-security policies and terms of use, and the SELLER is not responsible for any disputes or negative consequences that may arise.
5.7. If the price of the contractual product is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized use of the BUYER's credit card by unauthorized persons after the delivery of the contractual product to the BUYER or to the person and/or organization at the address indicated by the BUYER, the BUYER accepts, declares and undertakes to return the contractual product to the SELLER within 3 days, with the shipping costs being borne by the SELLER.
5.8. If the SELLER is unable to deliver the contract product within the specified time due to force majeure events that occur beyond the parties' control, are unforeseen, and prevent and/or delay the fulfillment of the parties' obligations, the SELLER accepts, declares, and undertakes to notify the BUYER. The BUYER also has the right to request that the order be canceled, the contract product be replaced with a comparable product, if any, and/or the delivery time be postponed until the preventing situation is resolved. In the event of cancellation of the order by the BUYER, for payments made by cash, the price of the product will be paid to the BUYER in cash and in a lump sum within 14 days. For payments made by credit card, the price of the product will be refunded to the relevant bank within 14 days of the BUYER's cancellation of the order. BUYER accepts, declares and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take up to 2 to 3 weeks, and since the reflection of this amount in the BUYER's account after its refund to the bank is entirely related to the bank transaction process, BUYER accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.
6. GENERAL PROVISIONS
6.1. The BUYER acknowledges, declares, and undertakes to have read and been informed of the basic characteristics, sales price, payment method, and preliminary delivery information regarding the contracted product on the SELLER's website, and to have provided the necessary confirmation electronically. By electronically confirming the Preliminary Information, the BUYER acknowledges, declares, and undertakes to have obtained the address to be provided to the BUYER by the SELLER before the distance sales contract is established, the basic characteristics of the ordered products, the price of the products, including taxes, and payment and delivery information, all of which are accurate and complete.
6.2 Each product subject to this contract will be delivered to the BUYER or the person and/or organization at the address specified by the BUYER within the period specified in the preliminary information section of the website, depending on the distance from the BUYER's residence, not exceeding the legal period of 30 (thirty) days. If the product subject to this contract is to be delivered to a person or organization other than the BUYER, the SELLER cannot be held responsible for the refusal of the person or organization to accept delivery. If the product is not delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
6.3. The SELLER accepts, declares and undertakes to deliver the product subject to the contract in full, in accordance with the specifications specified in the order and with warranty documents and user manuals, if any; to perform the work in accordance with the standards, free from all defects, in accordance with the legal legislation requirements and with the information and documents required for the work, in accordance with the principles of honesty and integrity; to maintain and improve the service quality; to show the necessary attention and care during the performance of the work and to act with caution and foresight.
6.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his/her explicit approval before the expiration of the performance obligation arising from the contract.
6.5. The SELLER accepts, declares and undertakes that if it cannot fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, it will notify the consumer in writing within 3 (three) days from the date it becomes aware of this situation and will refund the total price to the BUYER within 14 days.
6.6. The BUYER accepts, declares and undertakes that it will confirm this Preliminary Information Form electronically for the delivery of the contractual product, and that if the contractual product price is not paid and/or is cancelled in the bank records for any reason, the SELLER's obligation to deliver the contractual product will be terminated.
6.7. If the price of the contractual product is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized use of the BUYER's credit card by unauthorized persons after the delivery of the contractual product to the BUYER or to the person and/or organization at the address indicated by the BUYER, the BUYER accepts, declares and undertakes to return the contractual product to the SELLER within 3 (three) days, with the shipping costs being borne by the SELLER.
6.8. If the SELLER is unable to deliver the contract product within the specified time due to force majeure events that occur beyond the parties' control, are unforeseen, and prevent and/or delay the fulfillment of the parties' obligations, the SELLER accepts, declares, and undertakes to notify the BUYER of the situation. The BUYER also has the right to request that the order be canceled, the contract product be replaced with a comparable product, if any, and/or the delivery time be postponed until the preventing situation is resolved. In the event of cancellation of the order by the BUYER, for payments made by cash, the price of the product will be paid to the BUYER in cash and in a lump sum within 14 days. For payments made by credit card, the price of the product will be refunded to the relevant bank within 14 days of the BUYER's cancellation of the order. BUYER accepts, declares and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take up to 2 to 3 weeks, and since the reflection of this amount in the BUYER's account after its refund to the bank is entirely related to the bank transaction process, BUYER accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.
7. INVOICE INFORMATION
Payment Method: |
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Delivery Address: |
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Person to be Delivered: |
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Billing Address: |
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Shipping Fee: |
Invoice delivery: The delivery of your order's invoice varies according to the payment options listed below.
a) Payment by Credit Card - Debit Card: The invoice is delivered together with the order to the billing address during order delivery.
8. RIGHT OF WITHDRAWAL
8.1. In distance contracts for the sale of goods, the BUYER may exercise the right of withdrawal from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to the BUYER or to the person/entity at the address provided, without assuming any legal or criminal liability and without giving any reason, provided that the BUYER notifies the SELLER. 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 expiration of the right of withdrawal period. The costs arising from the exercise of the right of withdrawal shall be the responsibility of the SELLER. By accepting this contract, the BUYER acknowledges in advance that it has been informed of the right of withdrawal.
8.2. In order to exercise the right of withdrawal, written notice must be given to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and the product must not have been used in accordance with the provisions of "Products for which the Right of Withdrawal Cannot Be Used" set out in this contract. In case of exercising this right,
8.2.1 The invoice of the product delivered to the 3rd party or the BUYER (If the invoice of the product to be returned is from a corporate entity, it must be sent together with the return invoice issued by the institution. Returns of orders whose invoices are issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)
8.2.2. Return form,
8.2.3. The products to be returned must be delivered complete and undamaged, including the box, packaging and standard accessories, if any.
8.2.4. The SELLER is obliged to return the total price and the documents that put the BUYER indebted to the BUYER within 14 (fourteen) days from the date of receipt of the notice of withdrawal.
8.2.5. The BUYER must return the goods to the SELLER or the person authorized by him within 10 days after making the notification.
8.2.6. If the value of the goods decreases or return becomes impossible due to a reason arising from the BUYER's fault, the BUYER is obligated to compensate the SELLER for damages to the extent of the BUYER's fault. However, the BUYER is not responsible for any changes or deterioration in the goods or products resulting from improper use during the right of withdrawal period.
8.2.7. If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
There may be products that cannot be returned due to their nature. These include underwear, products that cannot be returned for hygienic reasons, and single-use items. Furthermore, for any product to be eligible for withdrawal, the product must be resalable, unused, undamaged, and the labels must be intact. For products that do not meet these requirements, the right of withdrawal cannot be exercised, and the buyer will be notified accordingly.
The right of withdrawal cannot be exercised in the following cases:
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a) Contracts for products whose prices change depending on fluctuations in financial markets and are not under the control of the seller.
b) Contracts regarding products prepared in line with the consumer's requests or personal needs.
c) Contracts regarding underwear products.
d) Products whose labels have been removed, damaged or lost their resalability after delivery,
d) Contracts concerning products that are mixed with other products after delivery and cannot be separated due to their nature,
e) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement,
f) Contracts regarding services that begin to be performed with the consumer's approval before the expiration of the right of withdrawal period.
LEGAL REMEDIES - COMPETENT JUDICIAL AUTHORITIES
In the implementation of this agreement, in the event of any dispute that may arise, the Provincial and District Consumer Arbitration Committees shall have jurisdiction within the monetary limits determined and announced annually by the Ministry of Customs and Trade, and in cases exceeding these limits, the Consumer Courts. Within this framework, the BUYER may apply to the Arbitration Committees and Consumer Courts in their own or, if they so desire, the SELLER's place of residence.
If the order is confirmed electronically, the buyer is deemed to have accepted all the provisions of this agreement.
SALES PERSON
YAŞAR KENDİR TEXTILE IMPORT AND EXPORT FOREIGN TRADE JOINT STOCK COMPANY