KAFT DISTANCE SALE AGREEMENT
ARTICLE 1: PARTIES
Corporate Name: KAFT Tasarım Tekstil San. ve Tic. A.Ş.
Address: Konaklar Mah. Akasyalı Sk. No:12 34330 Beşiktaş/İstanbul
Phone Number: +90 212 2673634
Fax Number: +90 212 2673638
E-mail Address: email@example.com
Address for Product Return: Yakuplu Mah. Bakırcılar ve Pirinççiler San. Sit. Karanfil Cad. No:5 Kat:1 34520 Beylikdüzü/İstanbul
Customer Service Contact Number: +90 212 2673634
Mersis No: 0487052510200026
Full Name / Title:
ARTICLE 2: SUBJECT
The subject of this agreement is the rights and responsibilities of the parties in accordance with the provisions of Law On the Protection of the Consumer no. 6052 and “Regulation for the Distant Sale Agreements” that has been entered into force with its publication on the Official Gazette no. 29188 on 27.11.2014, with regard to the sale and delivery of the product(s) qualification and prices of which are given below by the SELLER to the ORDERER/BUYER through the website www.kaft.com (https://www.kaft.com).
ARTICLE 3: INFORMATION IN RESPECT OF THE PRODUCT(S) COVERED UNDER THIS AGREEMENT
The type, amount, brand/model, color, number, price, and payment type of the Good/Product/Products/Service are as follows.
|Design||Description||Quantity||Unit price||KDV||Total amount|
Delivery Type: To address
Authorized Courier Company: DHL (Express)
In case you give the order within the working hours, the product will be delivered to the courier company on behalf of the buyer within the same day in case you give the order outside the working hours, the product will be delivered to the courier company on behalf of the buyer the next day. Following the display of your courier delivery code on the system, your order will be delivered by the authorized courier within 3 days at the latest. The courier fee which is the product delivery cost is included in the total price of the product.
ARTICLE 4: GENERAL CONDITIONS
4.1. The BUYER is obliged to pay the above-mentioned total product price in return for the product/products covered under this agreement.
4.2. The information in respect of the BUYER and INVOICE DETAILS may belong to the same or different persons. In case they belong to different persons, the BUYER is responsible for all information provided under this agreement.
4.3. The BUYER accepts that all information he/she has given under this agreement are correct. In case it is not possible to reach the BUYER through the provided information, the SELLER will not be held responsible yet the BUYER will be responsible.
4.4. This service is provided only for retail sales and end-use. Even if a pre-information form and/or a sales agreement is formed for wholesale and re-sale, the SELLER has the right to cancel the order and not make the delivery of the product.
4.5. The product/products covered under this agreement will be delivered to the person/institution at the address designated by the BUYER until the delivery date/performance date of the agreement identified herein for each product depending on the distance of the BUYER’s location, provided that the delivery time will not exceed the legal time period of 30 days.
4.6. In order for this Distant Sales Agreement to be executed, this agreement needs to be approved electronically by the BUYER.
4.7. For the delivery of the product/products covered under this agreement, this agreement is required to be signed in an electronic environment by the BUYER and sent to the SELLER and the price of the product shall be transferred to the SELLER’s account in accordance with the payment type that the BUYER prefers. In case the price of the product cannot be transferred to the SELLER’s account or in case transfer order is cancelled under the relevant bank’s records, the SELLER will no longer be held responsible for the delivery of the product.
4.8. The BUYER accepts and declares that he/she has read and been informed of general qualification, sales price, payment type and delivery information in respect of the product/products covered under this agreement and that he/she has given the required confirmation in electronic environment.
4.9. The BUYER accepts and declares that all rights arising from the Law on Intellectual Property Rights in respect of each special design technique, texture, pattern, design element (icons, buttons, etc.), styles, gradient, and solid shade along with the elements used in any kind of graphic designs, illustration works, drawings, designs and other works used for the designs produced by the SELLER belong to the SELLER.
4.10. The BUYER accepts and declares that printing any kind of designs, illustrations, or similar drawings that are not associated with the SELLER and that the SELLER does not have any rights in respect thereof arising from the Law on Intellectual Property Rights on the printless products which the SELLER produces and sells as “BASIC” through its web site for commercial resale purposes and selling those shall be deemed as a breach of SELLER’s intellectual property rights arising from Law on Intellectual Property Rights and relevant statutory decrees
4.11. The BUYER accepts and declares that BUYER will be legally held responsible for the damage incurred by third parties due to the sale by the BUYER of the products which have the SELLER’s trademarks on it in a manner that breaches SELLER’s intellectual property rights arising from the Law on Intellectual Property Rights or the relevant decrees.
4.12. In case the product/products covered under this agreement will be delivered to a person/institution expect that the BUYER himself/herself, the SELLER will not be held responsible for such person/institution’s rejection of the delivery. In such a case, solely the BUYER will be held responsible.
4.13. The SELLER is responsible for delivering the product(s) covered under this agreement undamaged, complete, having the qualifications defined in the order and if available, together with warranty certificate and user manuals.
4.14. As long as there is a reasonable explanation, SELLER may supply another product with equal quality and price if SELLER notifies and obtains BUYER’s approval expressly before the expiration of its contractual obligation
4.15. In case the SELLER fails to fulfill its contractual obligations due to the product or service subject to the order becoming impossible to fulfill, the SELLER will inform the BUYER in writing or with permanent data storage within three days of the date of becoming aware and the SELLER will refund all charged amount including the delivery costs within at least 14 days as from the notification.
4.16. In case a related bank or financial institution fails to pay the product price to the SELLER after the delivery of the product due to the use of BUYER’s credit card unlawfully or by unauthorized persons without BUYER’s fault, BUYER must send the product to SELLER within 3 (three) days if the BUYER has already received the delivery. In this case, the delivery costs shall be borne by the BUYER.
4.17. In case SELLER fails to deliver the product subject to the agreement in due time due to force majeure or extraordinary conditions such as adverse weather condition, interruption of transportation which prevent the transportation, the SELLER is obliged to inform the BUYER. In this case, the BUYER may exercise one of his rights from among cancelling the order, replacing the product covered under this agreement with a similar one, if any, and/or postponing the delivery time until the cessation of the impeding condition. If the BUYER cancels the order, the amount charged shall be paid to BUYER fully in cash and within 10 days.
4.18. Persons who is under the age of 18, cannot make purchases from the the website, even if products are offered to sale for children.
4.19. The product prices are provided on the website in Turkish Lira currency including VAT. BUYER can purchase products from the website via credit card, wire transfer or EFT. The orders placed by credit card will not be directly taken into process but will be later processed at the moment when such amount required to be paid by the BUYER under this agreement is blocked from the credit card or when it is ascertained by SELLER’s representatives that the wire transfer/EFT order amount is received by the SELLER. In case of payment orders made through wire transfer or EFT, the orders will be cancelled in case the BUYER’s payment is not transferred to the SELLER’s account within two days.
4.20. A record must be kept with the courier company official relating to products that are found damaged during delivery. In case of any defect in the products sold with a warranty certificate, the products may be sent to authorized services.
4.21. The SELLER is not responsible for the deductions that the banks make during the payment process such as charges for wire transfers or any other deductions made under other titles. Accordingly, the BUYER accepts that he/she will confirm any information such as interest rates, transfer costs, default interest with his/her own Bank and that the mentioned issues will be determined according to the terms of the agreement made between him/her and his/her Bank.
4.22. When a refund to the credit card is requested, it is not possible to make refund to the BUYER in cash. SELLER’s only responsibility in such a case is the payment of the amount made by the card to the bank. Credit card refunds is being made within the limits of agreements made between the SELLER and banks and current refund policies of the banks. Within this scope, for the refunds of purchases with installments, BUYER accepts the fact that he/she will receive the refund from the bank in the same amount of installments and he approves this process. Even if the SELLER orders the bank to make the refund at once, the refund can only be made with installments by the bank. BUYER accepts that s/he has reahed and accepted the terms of this article.
4.23. This Agreement shall be valid after being approved electronically by the BUYER and upon its receipt by the SELLER.
4.24. In the framework of this agreement, the SELLER can cooperate with third parties in the design and sale of the products. Within the framework of this cooperation, following the sale of the products, an e-certificate can be sent to the BUYER by the cooperated companies; and BUYER accepts this condition.
ARTICLE 5: RIGHT OF WITHDRAWAL
For the distant sales agreement in respect of a sale of a good, the consumer has the right to reject the goods and withdraw from the agreement without any legal or penal liability and without any justification within 14 (fourteen) days from the date of delivery of the product to herself/himself or to the person/entity designated by the BUYER. The costs arising from the use of the right of withdrawal shall be borne by the SELLER. In order to exercise the right of withdrawal, a notification must be sent to the SELLER’s address mentioned above within 14 days via registered mail, fax, telephone or email. In case right of withdrawal is exercised, it is obligatory to return to SELLER a copy of the courier delivery report and original invoice in respect of the products delivered to the BUYER. Within 14 days from the date of receipt of the notification in respect of BUYER’s exercise of his/her right to withdraw, all amount received from the BUYER shall be returned to the BUYER with no additional cost. In case right of withdrawal is exercised within 14 days, the product/products will be returned to the SELLER by the BUYER via cargo and in this case the courier costs shall be borne by the SELLER. The BUYER shall return the goods to the SELLER complete and undamaged through Yurtiçi Kargo company within 10 (ten) days from the exercise of the right of withdrawal unless the SELLER makes an offer that he/she will take the products back. In case the Yurtiçi Kargo company specified in the pre-information for the return does not have a branch at the location of the BUYER, the SELLER shall ensure that the goods to be returned are received from the BUYER without demanding any additional costs.
The BUYER accepts, declares, and undertakes that he is aware of the fact that he/she cannot use the right of withdrawal in the following cases which are specified in Article 15 of the Regulation on Distant Sales Agreements:
a) Agreements for goods or services whose price varies depending on fluctuations in financial markets and which are not under the control of the seller or supplier,
b) Agreements related to the products which is prepared in accordance with the consumers’ needs or personal requests,
c) Agreements related to the delivery of goods that may deteriorate quickly or expire,
ç) Agreements for the delivery of products whose protective elements such as packaging, tape, seal, package have been opened and their return is not suitable for health and hygiene,
d) Agreements for goods that are mixed with other products after delivery and which cannot be separated due to their nature,
e) Agreements related to books, digital content and computer consumables presented in tangible environment in case protective elements such as packaging, tape, seal, package are opened after delivery of the goods,
f) Agreements for the delivery of periodical publications such as newspapers and magazines, except those provided under the subscription agreement
g) Agreements related to accommodation, transportation of goods, car rental, food and beverage supply and the evaluation of leisure time for entertainment or recreation purposes, which must be carried out on a specific date or period,
ğ) Agreements for services performed instantly in electronic environment or for intangible products delivered to consumers instantly,
h) Agreements for services which are executed with the approval of the consumer before the expiration of the right of the withdrawal period.
ARTICLE 6: MISCELLANEOUS PROVISIONS
6.1. The BUYER accepts that he/she has read and learned the pre-information on basic qualification, sales price and payment type of the product covered under this agreement and the distant sales agreement on www.kaft.com website and that he/she has confirmed such in electronic environment. By confirming the Pre-Information Form and Distant Sales Agreement on an electronic environment, BUYER confirms that he has been informed completely and correctly on the address information that is required to be given to the BUYER by the SELLER, basic qualification, VAT included sales price and payment and delivery details of the ordered products.
6.2. For the delivery of the product, this Distant Sales Agreement must be confirmed in electronic environment. In case the product price is not paid for any reason or the bank records in respect of the payment are cancelled, the SELLER shall be deemed released from its obligation to deliver the products.
6.3 Complaints on the products/services subject to this agreement can be made through the SELLER's contact details specified in the preamble of the agreement.
ARTICLE 7: DEFAULT OF DEBTOR
In case of BUYER’s default, BUYER agrees to pay the loss and damage incurred by the SELLER due to delayed performance of the debt. In the event that BUYER's default is caused by SELLER's fault, BUYER shall not be obliged to meet any claim for loss or damage.
ARTICLE 8: AUTHORIZED COURT
Within the monetary limits defined by the Ministry of Trade each year in December, the consumer can apply for complaints and objections at the arbitration committee or to the consumer court where the consumer purchased product or services or where his/her official residence is located. In case this agreement is approved, the BUYER shall be deemed to have accepted all the terms of this agreement.
ARTICLE 9: FINAL PROVISIONS
9.1. THE BUYER AGREES THAT HE/SHE HAS READ AND UNDERSTOOD THE AGREEMENT AND IS AWARE OF HIS/HER RIGHTS AND OBLIGATIONS HEREUNDER.
9.2. THE PARTIES AGREE THAT THERE IS NO DISPROPORTION BETWEEN THE ACTS COVERED UNDER THIS AGREEMENT AND WITH THE SUITABILITY OF MUTUAL OBLIGATIONS AND THEY HAVE NO INEXPERIENCE FOR THE PROCEDURES AND TRANSITIONS COVERED HEREBY.
9.3. THE BUYER AGREES THAT HE/SHE IS AWARE THAT ALL TRANSACTIONS IN THIS AGREEMENT ARE FOR THE BENEFIT OF HIMSELF AND HE/SHE WILL ABIDE BY ALL TERMS IN HIS/HER OWN FREE WILL WITHOUT ANY DIFFICULTY OR CONSTRAINT.
9.4. THE PARTIES AGREE THAT THE AGREEMENT DOES NOT HAVE ANY UNFAIR TERMS AND THAT THERE IS NO INJUSTICE IN TERMS OF THE BALANCE OF BENEFITS.
9.5. THIS AGREEMENT DOES NOT CONTAIN ANY UNFAIR TERMS IN ACCORDANCE WITH THE TERMS OF THE REGULATIONS ON UNFAIR TERMS IN CONSUMER AGREEMENTS. THE PROVISIONS ARE NOT CONTRARY TO THE PRINCIPLES OF GOOD FAITH AND THEY ARE IN COMPLIANCE WITH THE LAWS ON PROTECTION OF CONSUMERS.
9.6. THE TERMS AND CONDITIONS OF THIS AGREEMENT WERE PREPARED BY TAKING INTO CONSIDERATION THE PROVISIONS OF THE TURKISH CODE OF OBLIGATIONS. THE BINDINGNESS AND CONTENT CONTROL PROPOSED IN ARTICLE 21 OF THE TURKISH CODE OF OBLIGATIONS WAS PERFORMED BY THE BUYER. THERE IS NO ALIENATION IN ANY OF THE TERMS HEREOF TO THE NATURE OF THIS AGREEMENT AND THE PARTICULARITY OF THE WORK (SURPRISING TERMS). THE TERMS OF THIS AGREEMENT WERE WRITTEN IN A CLEAR AND COMPREHENSIBLE MANNER AND ARE NOT AMBIGUOUS.
Seller : KAFT Tasarım Tekstil San. ve Tic. A.Ş.
Date : Mar 30, 2023