Distance Sales Agreement

PRELIMINARY INFORMATION AND DISTANCE SALES AGREEMENT

ARTICLE 1 PARTIES

1.1 – SELLER

Ünvanı

: Neslihan Uzun

Address

:Esentepe Mah, Milangaz Cad No:77 D:2 Kartal Istanbul 

Telephone

: 0 (462) 266 61 61

Email Address

: destek@kazaziyesepeti.com

Website    : https://kazaziyesepeti.com           

1.2 – BUYER

Name/Surname/Title:

Address:

Phone:

Email Address:

ARTICLE 2 SUBJECT

The subject of this agreement is to determine the rights and obligations of the parties in accordance with the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts dated 06.03.2011, regarding the sale and delivery of the product ordered electronically by the BUYER through the seller’s website, kazaziyesepeti.com, with the qualities and sales price specified below.

ARTICLE 3 CHARACTERISTICS OF THE PRODUCT SUBJECT TO SALE

The basic features of goods or services are available on kazaziyesepeti.com.

Listed and advertised prices on the site are the sales prices. The announced prices and promises are valid until updated or changed. Temporarily announced prices are valid until the specified period ends.

The total sale price of the goods or services, including all taxes, is shown in the table below.

3.1 – PRODUCTS

3.2 – DELIVERY METHOD AND PLAN

Delivery Address:

Recipient:

Invoice Information:

Product shipments will begin within 2 business days after the end of the campaign. Shipping costs will be covered by the BUYER.

3.3 – LATE FEE

Since payment is made in advance or by credit card, no late fee will be applied by the SELLER.

ARTICLE 4 GENERAL PROVISIONS

4.1) The BUYER declares that they have read the preliminary information on the kazaziyesepeti.com website regarding the basic features of the product, sales price, payment method, and delivery information, and that they have confirmed this information electronically. By confirming this Preliminary Information electronically, the BUYER also confirms that they have obtained the address, basic features of the ordered products, the price including taxes, payment, and delivery information required to be provided by the SELLER before the distance contracts are concluded.

4.2) The product subject to the contract will be delivered to the BUYER or the person/organization specified at the address within the period stated on the website, depending on the distance from the BUYER’s residence, without exceeding the legal 30-day period.

4.3) The SELLER is not responsible for any issues encountered by the cargo company during the delivery of the product to the BUYER, which may prevent the delivery of the ordered product.

4.4) The SELLER is responsible for delivering the product in a solid, complete condition, conforming to the qualities specified in the order, and with any guarantee certificates and user manuals, if applicable.

4.5) The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit approval before the expiration of the obligation to perform under the contract.

4.6) If the performance of the product or service becomes impossible, the SELLER must notify the consumer of this situation before the expiration of the performance obligation and refund the total amount to the BUYER within 10 days.

4.7) Electronic confirmation of this Preliminary Information Form is required for the delivery of the product. If the product price is not paid or is canceled in the bank records for any reason, the SELLER is considered to be relieved of the obligation to deliver the product.

4.8) If the credit card of the BUYER is used unlawfully by unauthorized persons due to circumstances not caused by the BUYER, and the related bank or financial institution does not pay the product price to the SELLER, the BUYER is obliged to return the product within 3 days to the SELLER, provided it has been delivered to them. In this case, shipping costs are the responsibility of the BUYER.

4.9) If the SELLER cannot deliver the product within the specified time due to force majeure or extraordinary situations such as severe weather conditions or transportation interruptions, they are obliged to notify the BUYER. In this case, the BUYER may choose to cancel the order, replace the product with an equivalent, and/or delay the delivery until the obstructive situation is resolved. If the BUYER cancels the order, the paid amount will be refunded in cash and immediately within 10 days. For payments made by credit card, the product amount will be refunded to the relevant bank within 7 days after the BUYER cancels the order. Since the reflection of this amount to the BUYER’s accounts depends on the bank’s processing time, the BUYER accepts in advance that any delays cannot be intervened by the SELLER and that the refund to the credit card may take an average of 2 to 3 weeks.

ARTICLE 5 RIGHT OF WITHDRAWAL

The BUYER may withdraw from the contract without any legal or penal liability and without stating any reason within 7 (seven) business days from the date of delivery of the product to themselves or the person/organization specified. For distance contracts related to service provision, this period starts from the date the contract is signed. Withdrawal rights cannot be exercised for service contracts if the service has started with the consumer’s approval before the withdrawal period ends. The costs arising from the use of the right of withdrawal are borne by the SELLER.

To use the right of withdrawal, the BUYER must notify the SELLER by registered mail, fax, or e-mail within 7 business days and the product must not be used as per Article 6. In this case,

a) The invoice of the product delivered to the 3rd person or the BUYER (If the invoice of the product to be returned is corporate, it must be sent along with the return invoice issued by the institution. Returns for orders with corporate invoices will not be completed unless an RETURN INVOICE is issued.)

b) The Return Form on the back of the invoice,

c) The product must be delivered complete and undamaged, including the box, packaging, and any standard accessories, if applicable.

d) The SELLER is obliged to return the total amount and the documents that place the BUYER in debt to the BUYER within 10 days from the receipt of the withdrawal notice and to accept the return of the product within 20 days.

e) If the product’s value decreases due to reasons caused by the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER’s losses in proportion to their fault.

f) If the use of the right of withdrawal results in the reduction of the value of the Shopping Voucher issued by the SELLER, the voucher amount used in the campaign will be canceled.

ARTICLE 6 PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

The right of withdrawal cannot be exercised for goods prepared according to the BUYER’s requests or clearly personal needs, which are not suitable for return due to their nature, are at risk of rapid deterioration, or have passed their expiration date, or for opened audio or video recordings, software programs, and computer consumables.

ARTICLE 7 COMPETENT COURT

For the application of this agreement, Consumer Arbitration Committees and Consumer Courts located in the place where the BUYER purchased the goods or services and where their residence is located are authorized up to the value announced by the Ministry of Customs and Trade.

The SELLER can apply to the consumer issues arbitration committee or consumer court in the place where the goods or services were purchased or where the BUYER resides, within the monetary limits determined by the Ministry of Customs and Trade of the Republic of Turkey annually in December. Monetary limits are provided below.

Effective from January 1, 2014, the lower monetary limit for decisions of consumer problems arbitration committees that will be binding in upper courts or serve as evidence in lower courts according to Article 22, paragraphs five and six of Law No. 4077 on the Protection of Consumers is 1,272.19 TL, and the lower monetary limit for provincial arbitration committees operating in metropolitan areas is 3,321.17 TL as specified in the third paragraph of Article 5 of the Regulation on Consumer Problems Arbitration Committees published in the Official Gazette No. 25186 dated August 1, 2003.

This Agreement is made for commercial purposes.