DISTANCE SALES AGREEMENT
ARTICLE 1- PARTIES TO THE AGREEMENT
1.1. ABOUT THE SELLER:
NAME : KUZGUN METAL KALIP OTOMOTİV SAN. VE TİC. LTD. ŞTİ.
ADDRESS : Minareli Çavuş Mah. Çelik 290 St.. 1 Nolu Depo
Apt. No:6 Nilüfer/BURSA
TAX ID : 6010316208
WEBSITE : www.kuzguncamruzgarlik.com
EMAIL : info@kuzguncamruzgarlik.com
1.2. ABOUT THE BUYER:
NAME/SURNAME or COMPANY NAME:
ID/TAX ID :
ADDRESS :
PHONE :
EMAIL :
ARTICLE 2- SUBJECT AND SCOPE OF THE AGREEMENT
2.1. The subject of this agreement is the sale and delivery
of the goods/services specified in this agreement, which the BUYER has ordered
from the SELLER's website www.kuzguncamruzgarlik.com through electronic means,
including the essential qualities mentioned in this agreement and the selling
price specified in this agreement, in accordance with the provisions of the Law
No. 4077 on the Protection of Consumers and the Regulation on the Application
Principles and Procedures of Distance Contracts.
2.2. The BUYER declares and acknowledges that they are
informed about all preliminary information regarding the basic qualities of the
goods/services subject to sale (selling price, payment method, delivery
conditions, etc.) and the right of withdrawal, and that they have confirmed
this information electronically before placing the order for the
goods/services.
2.3. The information on the payment page of www.kuzguncamruzgarlik.com
shopping site and the invoice are integral parts of this agreement.
2.4. The scope of this agreement includes all warnings,
writings, and explanations made by www.kuzguncamruzgarlik.com regarding the use, membership, and
services within the site related to this agreement.
2.5. By accepting the terms of this agreement, the User
agrees to comply with all statements made by www.kuzguncamruzgarlik.com
regarding the use, membership, and services explained by www.kuzguncamruzgarlik.com
within the scope of the contract. The User and kuzguncamruzgarlik.com undertake
to act in accordance with all kinds of statements specified in the contract.
ARTICLE 3- AGREEMENT DATE
3.1. This agreement, previously concluded by the SELLER,
consists of two copies, and the BUYER accepts, declares, and undertakes the
agreement at the date of the transaction.
3.2. One copy of this agreement belongs to the SELLER, and
the other copy belongs to the BUYER. (The copy belonging to the BUYER is
delivered by e-mail when necessary.)
ARTICLE 4- FEATURES OF THE GOODS/SERVICES SUBJECT TO THE
AGREEMENT
4.1. The type and quantity of the goods/services,
brand/model, color, and the total price including all taxes of the
goods/services are as specified in the product introduction page on the www.kuzguncamruzgarlik.com
website and in the invoice, which is an integral part of this agreement. In the
case of no notification through the website, the product shipment and services
provided are limited to the Republic of Turkey. No shipments are made abroad.
4.2. CASH PRICE OF THE GOODS/SERVICES: The cash price of the
goods/services is included in the invoice sent to the customer along with the
product after the order.
4.3. PAYMENT PLAN: In case the BUYER makes a installment
purchase with a credit card, the installment type selected on the website is
valid. In installment transactions, the provisions of the agreement between the
BUYER and the cardholder bank are valid. In purchases made with a credit card,
the payment date is determined according to the agreement between the bank and
the BUYER.
4.4. PAYMENT METHOD ➢ ADVANCE PAYMENT AMOUNT: The
advance payment amount of the goods/services is included in the sample invoice
sent by e-mail after the order and in the invoice sent to the customer along
with the product. ➢ DUE AMOUNT: The due amount of
the goods/services according to the term is included in the sample invoice sent
by e-mail after the order and in the invoice sent to the customer along with
the product. ➢ INTEREST: The interest rate is determined by the
Turkish Republic Government every year and in any case cannot exceed 30%. The
BUYER is responsible for this regarding their bank.
ARTICLE 5- INFORMATION PREVIOUSLY PROVIDED TO THE BUYER
5.1. The BUYER acknowledges that they have been informed
about the following issues by accepting this Agreement on the www.kuzguncamruzgarlik.com
website and examining all general-specific explanations on the relevant pages:
- The
name and contact information of the SELLER, current identifying
information used by the SELLER, confidentiality, data processing, and the
rules of electronic communication to the BUYER and the permissions given
by the BUYER to the SELLER regarding this, the legal rights of the BUYER,
the rights of the SELLER, and the methods of exercising the rights of the
parties.
- Product
limitations accepted by the SELLER for the shipping of the products,
accepted payment methods-tools, the basic features-qualities of the
products, the total price including taxes (including other expenses that
may arise), and information about the delivery methods,
shipping-delivery-cargo fees.
- In
cases where there is a right of withdrawal for the products, if the
product is damaged or altered within the withdrawal period due to not
being used in accordance with the instructions for use, normal operation,
or technical specifications, the withdrawal request of the BUYER may not
be accepted, and in any case, the BUYER will be responsible for the refund
according to the damage or change that the SELLER finds appropriate.
- If
the BUYER is a legal entity, they cannot use "consumer rights"
for the products they purchase for commercial or professional purposes
(bulk purchases are always considered to have this qualification).
- In
case of disputes, the BUYER can communicate their complaints to the SELLER
using the contact information provided and can make legal applications to
Arbitration Committees and Consumer Courts in accordance with the relevant
provisions of Law No. 6502.
ARTICLE 6- DELIVERY AND FORM OF THE GOODS/SERVICES AND PLACE
OF PERFORMANCE OF THE AGREEMENT
The goods/services are delivered to the address notified by
the BUYER to the SELLER.
ARTICLE 7- DELIVERY COSTS AND PERFORMANCE
6.1. Delivery costs are borne by the BUYER.
6.2. Although the SELLER declares that the delivery fee will
be covered by them for those who shop above the announced amount on the
website, only the delivery cost is borne by the SELLER.
6.3. Delivery is made as soon as possible after the
availability of the stock and the payment of the product price to the SELLER's
account. The SELLER reserves the right to extend the delivery period for an
additional 10 (ten) business days with a written notice.
6.5. After the delivery of the goods/product, if it is
determined that the credit card used for payment by the buyer has been used
without authorization by unauthorized persons, and if the price of the sold
product is not paid to the SELLER by the relevant bank or financial
institution, the BUYER must return the product subject to this contract to the
SELLER within 3 (three) business days. In this case, the BUYER accepts and
declares that if he/she has caused a defect that prevents the product from being
resold, he/she will indemnify the cost of the product. In both cases, shipping
costs are borne by the BUYER.
Article 7 - RIGHTS AND OBLIGATIONS OF THE BUYER
7.1. The BUYER will not accept damaged or defective
goods/services from the cargo company without inspecting the goods/product
before taking delivery under this contract. Otherwise, it is accepted that the
goods/product are undamaged and intact.
7.2. The duty to protect the goods/product after delivery
belongs to the BUYER.
Article 8 - RIGHTS AND OBLIGATIONS OF THE SELLER
8.1. The SELLER is responsible for delivering the
goods/product subject to this contract in a sound, complete, and in accordance
with the specified qualifications in the order, along with any warranty
documents and user manuals.
8.2. If the goods/product subject to this contract are to be
delivered to a person/organization other than the BUYER, the SELLER cannot be
held responsible for the refusal of the person/organization to accept the
delivery.
Article 9 - WITHDRAWAL/RIGHT OF WITHDRAWAL FROM THE
CONTRACT
9.1. In accordance with the Law No. 6502 on the Protection
of Consumers, the BUYER may exercise the right of withdrawal within 14
(fourteen) days from the delivery of the goods/services subject to this
contract, without providing any justification.
9.2. The BUYER can only deliver the product to the SELLER
through the cargo companies with which the SELLER has an agreement for the
product to be returned. Transportation costs for products delivered to the
SELLER by any cargo company other than these are not accepted. Returns must be
made with the original box or packaging and will not be accepted for products
that have lost their resaleability due to a damaged original box or packaging
(for example; product with a shipping label attached to the original box and/or
taped with cargo tape, etc.).
9.3. In the event of the exercise of this right, the BUYER
is obliged to return the original invoice regarding the person/third party to
whom the goods/product are delivered to the SELLER. In case the original
invoice is not delivered, the BUYER cannot be refunded VAT and other legal
obligations.
9.4. After the notification of the right of withdrawal
reaches the SELLER, the price of the goods/services is refunded to the BUYER
within at most 10 (ten) business days. The shipping and delivery costs of the
returned goods/services due to the right of withdrawal are covered by the
Buyer.
Article 10 - FORCE MAJEURE
10.1. If the performance of the goods/services becomes
impossible, the SELLER is obliged to inform the BUYER before the performance
period of the contract expires. In this case, the paid amount is refunded
within at most 10 (ten) business days. Faulty or defective goods/services among
the goods/services sold with a warranty, or goods/services that do not have a
warranty, can be sent to the seller for necessary repairs within the warranty
conditions, and in this case, the delivery costs will be covered by the SELLER.
Article 11 - DEFAULT AND LEGAL CONSEQUENCES
11.1. If the BUYER defaults on the credit card used for the
purchase in case of shopping with a credit card, he/she will pay interest
within the framework of the credit card agreement made between him/her and the
cardholder bank, and will be responsible to the bank. In this case, the
relevant bank may apply to legal remedies; demand the expenses and attorney's
fees from the BUYER, and in any case, the BUYER accepts, declares, and
undertakes to pay the damages and losses incurred by the SELLER due to the delayed
performance of the debt.
Article 12 - COMPETENT COURT IN CASE OF DISPUTES
12.1. This contract is prepared in accordance with 14
Articles and its Appendices (Cookie Policy, P.I.L.A.M. and Privacy Policy with
Membership and Service Agreement). In case of disputes arising from this
contract, Consumer Arbitration Committees up to the value declared by the
Ministry of Industry and Trade are authorized, and in cases where the disputes
exceed this value, the Consumer Courts in Bursa and the Enforcement
Offices/Courts in Bursa are authorized. The customer/buyer or user, in the
shopping he/she will make through the seller's website or other communication
channels or in the purchases he/she will make through the seller's website or
other conditions, is deemed to have accepted the Distance Sales Contract and
its Annexes (Membership and Service Agreement) and all shopping policies and
Terms of Use.