ARTICLE 1 – SUBJECT
matter of the present Distance Sales Agreement (hereinafter “Agreement”) is the
sale of the product(s) the specifications and sale price of which are stated on
the VENDOR’s web site named www.kidzee.tr (hereinafter “web site”) and on the
present agreement in response to the order placed by the BUYER online, payment
of the sale price by the BUYER, deliver of the products, and other rights and
obligations of the Parties under the Distance Sales Regulation published in the
Official Gazette dated 27.11.2014 and Consumer Protection Law no. 6502, and the
venues available to settle any disputes arising from the present Agreement.
ARTICLE 2 PARTIES
2.1. VENDOR DETAILS
Title : Kidtex
Tekstil Ticaret Ltd. Şti. (hereinafter the “VENDOR”)
Registration System Number) No
2.2. BUYER DETAILS
Gökçe Karabulut (hereinafter the “BUYER”)
Tax Office and
Tax Nr :
present Agreement, the BUYER and the VENDOR shall collectively be referred to
as the Parties.
ARTICLE 3 – PRODUCTS COVERED UNDER THE
Goods / Product
or Service; Type, Quantity, Brand / Model, Color, Quantity, Sale Price and
Payment Method are as stated on the site, and these promises may vary without
notifying the buyer.
The name, code
(type, kind, model, color), volume, and sale price for the product(s) covered
under the present Agreement are as follows.
description Piece Unit Price Including VAT Subtotal
0.5 Tog Sleeping Bag :
(Including VAT) :
4.1 The BUYER declares that she/he has read all the
preliminary information about the basic characteristics of the contractual
product specified in Article 3, sales price and payment method and delivery and
gives the necessary confirmation electronically.
4.2 The BUYER shall pay the sale price
including VAT and the shipping charges stipulated in the present Agreement for
the product(s) ordered under the present Agreement, in accordance with the
terms and conditions of payment stipulated again in the present Agreement.
4.3 The BUYER shall pay the price of the
product(s) ordered on the web site, using Visa, Amex or MasterCard credit
cards. The orders placed under the present Agreement shall be processed once
the charge for the price for the product(s) is pre-authorised and blocked on
the credit card, by the bank.
4.4. The VENDOR shall not be liable for any
deductibles applied by the banks at the time of the payments.
4.5 The BUYER
agrees, represents and warrants that in case the relevant bank or financial
institution does not pay the price for the product(s) to the VENDOR after the
delivery of the product(s) on the grounds that the BUYER’s credit card was used
illegally or tortuously by unauthorised persons, without any fault on part of
the BUYER, she shall return the product(s) delivered to her,
within a maximum of 30 (thirty)
days following the written notice by the VENDOR, with packaging intact, in the
original form it/they was/were at the time of sale, in other words in
disassembled form, without any damage or missing parts, and that the shipping
charges shall be borne by the BUYER. The BUYER represents and warrants that,
should they act otherwise, they may be subject to applicable legal proceedings,
including those concerning any damage or loss the VENDOR has incurred.
bank the BUYER works with may, regardless of the initiative on part of the
VENDOR, present various installment payment options as part of the promotions
it applies. The promotions the VENDOR is aware of and consents to shall be
announced on its web site.
4.7 The delivery fee is not included in the
price of the product / products, it will be added to the price of the product /
products to be paid by the BUYER and the price of the product / products will
be paid by the BUYER together with the delivery fee. No shipping fee will be
charged for purchases of 200,00.-TL and above.
product(s) ordered online by the BUYER shall be delivered to the BUYER or
persons located at the address specified by the BUYER, by the VENDOR’s
contracted delivery company, within the 30 (thirty) days of legal respite
granted. In the case of “Same Day Delivery” is selected, the products
shall be delivered to the BUYER on the day the order is given; “Delivery
Appointment” is selected the
products shall be delivered to the BUYER on the date selected by the BUYER. The
BUYER agrees, represents and warrants that, in case she is not available at the
address specified at the time of delivery, the product(s) may be delivered in
due form in exchange of signature, to persons the names of which had been
specified in advance by the BUYER, and who are present at the address. The
BUYER may terminate the Agreement in case the product(s) cannot be delivered at
the end of 30 (thirty) days following the order date.
5.2 If the contractual product is to
be delivered to another person or organization from the buyer, the SELLER
cannot be held responsible because the person or organization to be delivered
does not accept the delivery.
5.3 If the order is returned because the BUYER is not at the address, if the
BUYER requests a resend, the shipping fee will belong to the BUYER.
5.4 Even if
the BUYER himself or someone authorized to receive is not present at the
address where the product / products will be delivered, the SELLER shall be
deemed to have fulfilled his / her action completely and completely. Therefore,
the BUYER is responsible for the loss, damage and expenses caused by the late
delivery of the product and / or not receiving it at all.
5.5 If the
BUYER requests the cancellation of the product / products subject to the order,
it will be decided whether the order will be canceled or not, whether the
products are delivered to the contracted cargo company with the SELLER. In this
context, if the BUYER has delivered the products subject to the order to the
courier company contracted with the SELLER, the BUYER’s request for order
cancellation will not be accepted and will not make any payment to the BUYER
under any name.
5.6 The invoice to be issued by the
VENDOR to the name of the BUYER and/or a legal or natural person to be
specified by the BUYER, in consideration of the price of product/products and
shipping service fee paid by the BUYER, shall be issued in digital format under
the e-archive application, and shall be mailed to the e-mail address of the
BUYER. The product/products will be delivered by the VENDOR to the delivery
address stated in this Agreement by the BUYER, together with the delivery note.
The BUYER agrees and declares that, in the event of any address change, the
BUYER shall notify the VENDOR in writing about the change and that any
information they provide to Kidzee shall be accurate and valid, bearing any
damages that arise as a result of inaccurate information.
SELLER is responsible for the delivery of the contractual product in a sound,
complete and in accordance with the qualifications specified in the order. The
BUYER and / or the recipient are obliged to check whether the product /
products are delivered intact, complete, in accordance with the specified
qualifications and as required by the legislation. A report must be kept with
the courier company official about the product / products that are determined
to be damaged during delivery.
5.8 If it is noticed at the time of delivery that the product / products are
defective, the product / products will be returned by the SELLER in the same
way as the shipment was made and replaced with a new one within 14 days
following this date, without requesting an additional shipping fee from the
5.9 For the delivery of the contractual
product, this contract must be approved electronically and the sales price must
be paid in the form of payment preferred by the buyer. If, for any reason, the
product price is not paid or is canceled in the bank records, the SELLER is
deemed to be free from the obligation to deliver the product.
5.10 If the
bank or financial institution does not pay the price of the product to the
SELLER due to the fact that the credit card belonging to the buyer is used
unfairly or unlawfully by unauthorized persons after the delivery of the
product, the BUYER himself or the product delivered to the person or
institution specified in the sales contract within 3 business days. It has to
send it to the SELLER. In such a case, the shipping costs are the
responsibility of the buyer.
5.11 If the SELLER cannot deliver the product subject to the contract to the
cargo company to be delivered within due time due to pandemic, force majeure or
extraordinary circumstances such as adverse weather conditions that prevent
delivery, it is obliged to inform the buyer. In this case, the buyer can use
one of the rights to cancel the order and / or postpone the delivery time until
the blocking situation disappears. In the event that the buyer cancels the
order, the SELLER attempts to cancel the credit card receipt belonging to the
buyer and return the relevant amount to the buyer’s account within 7 days, and
the transaction is notified to the BUYER via e-mail. In such a case, the SELLER
cannot be held responsible for delays caused by the relevant bank.
5.12 In the event that the products delivered to the person and / or
institution to whom the BUYER and / or BUYER wishes to be delivered are
defective or defective, the relevant product or products will be sent to the
SELLER for the necessary repair or replacement within the warranty terms,
starting from the date of receipt by the BUYER shipped within the day and
shipping costs are borne by the SELLER.
5.13 This contract becomes valid after it is electronically approved by the
buyer (after membership is completed) and sent to [email protected]
ARTICLE 6- RIGHT OF WITHDRAWAL
6.1 The buyer
has the right to withdraw within fourteen (14) days from the delivery of the
product subject to the contract to himself or to the person / organization at
the address indicated. In order to use the right of withdrawal, the SELLER must
be notified by e-mail within this period and the product must not be used in
accordance with the provisions of Article 7 and the packaging must not be
6.2 If the
right of withdrawal is exercised, it is obligatory to return the original of
the sales invoice and the sample of the cargo delivery report indicating that
the product delivered to the third party or the BUYER is sent to the SELLER.
Within 7 days following the receipt of these documents, the SELLER attempts to
return the product price to the BUYER’s credit card account at the relevant
bank. The SELLER cannot be held responsible for the disruptions on the bank
side in the return of the product price. Value added tax and other legal
obligations, if any, are not refunded if the original invoice is not sent. The
shipping cost of the returned product due to the right of withdrawal belongs to
the BUYER. Company returns are required to issue a return invoice.
6.3 The BUYER
agrees, declares and undertakes that the refund will not be made in cash in
case of a refund request for the payments made by credit card.
6.4 The BUYER
is obliged to send the goods back to the return address of the SELLER, provided
that the price is covered by the BUYER or is deducted from the product price,
within 10 (ten) days from the date of the notification that he has exercised
his right of withdrawal.
ARTICLE 7- GENERAL PROVISIONS
7.1 . The BUYER
agrees, represents and warrants that she read on the web site and received
information on and provided the required confirmation online about the basic
specifications of the product(s) covered in the Agreement, the sale price
including VAT, the validity period concerning all obligations of the VENDOR
-including price obligations-, the form of payment and preliminary information
regarding deliveries, the right of withdrawal and its form of use, the fees
regarding any costs to be covered by the BUYER, the delivery and performance
periods regarding the product(s) covered in the Agreement, the address, phone
number and other contact details of the VENDOR to which the BUYER may report
her requests and complaints, and the process whereby the applications
concerning consumer complaints and objections may be filed before the
arbitration committees or consumer courts at the place of residence of the
consumer or the place of purchase of the goods or services, subject to the
value limits stipulated by the Turkish Ministry of Customs and Trade.
7.2 The BUYER agrees, represents and
warrants that minors younger than 18 shall not be allowed to make purchases at
the web site even though product(s) for children are offered on sale, and that
the VENDOR shall not be held liable for any damages 3rd parties may incur due
to product orders placed in breach of this rule. If it determines an act in
breach of the present article, the VENDOR is entitled to terminate the
Agreement by canceling the order.
7.3 The VENDOR
reserves the right to freeze or terminate the order in case it determines that
the information provided by the BUYER is inaccurate. In such a case, the VENDOR
shall freeze the processing of the order for a period of 5 (five) days if it
fails to contact the BUYER via the phone, e-mail or shipping address specified
by the BUYER. The BUYER shall be required to contact the VENDOR during said
period. The BUYER’s failure to contact the VENDOR within said period shall lead
to the cancellation of the order. In the event that the order is canceled, any
payment made by the BUYER shall be returned within 14 (fourteen) days. Returns
for payments with credit cards shall be made to the credit card used for the
payment. The VENDOR shall be required just to perform the return process within
the allotted time frame, and shall not be held liable for the time the bank
takes to effect the payment on the account.
7.4 The SELLER is not responsible for
price and content inaccuracies caused by typesetting and system errors. In the
event that the product prices are written well below the market price, which
can be understood by the average person that it is a clear error, the SELLER
has the right to cancel all orders placed according to this incorrect price.
The BUYER agrees and declares that in such a case, it will not make any rights
or demands, including the delivery of the product at the obviously incorrect
price announced to him, due to a clear error.
7.5 The SELLER
reserves the right to cancel the order completely or to send only 3 (three)
products, which it accepts as retail purchase limit.
The seller keeps some personal
information (such as name-surname, telephone, TR Identity Number, address or
e-mail addresses, etc.) of the Buyer in the distance sales contract and the
preliminary information form, in the capacity of the seller data controller.
VENDOR, acting as the data controller, shall store certain personal information
pertaining to the BUYER, as provided in the distance sales agreement and the
preliminary information form (name-surname, phone number, Republic of Turkey ID
number, address or e-mail address etc.).
The VENDOR may use the
name-surname, phone number, Republic of Turkey ID Number, address, e-mail
address, date of birth and similar details requested during the shopping
process for contacting the BUYER where necessary, outside the scope and the
purposes stipulated in the present agreement, and may store or process such
data. Personal information may also be transferred to companies with whom the
VENDOR collaborates to conduct research intended to improve the processes of
the VENDOR, create a database, carry out market research and carry out
communication/marketing activities, and such information may be processed and
used by such companies. The BUYER acknowledges and agrees to give their consent
under Law No. 6698 on the Protection of Personal Data for their personal
information to be transferred to natural and/or legal persons with whom the
Vendor collaborates for the above-mentioned purposes, and also to be processed
They BUYER may contact the Data
Controller VENDOR at any time under the Law, and learn if their personal data
has been processed or not; inquire about any such processed personal data;
learn about the purpose of processing the personal data and whether such data
has been used in line with that purpose; inquire about the third parties to
which personal data has been transferred; request the correction of errors in
personal data, and for further correction by applicable third parties if the
data has been transferred; request the deletion, destruction, or anonymization
of the data, and the forwarding of this request to any third parties to which
such data may have been transferred in case the grounds for processing personal
data no longer apply; file an objection against any negative consequences that
arise with respect to the person as a result of data processing; and claim
lawful damages in case any such damages arise due to data processing in
violation of the Law.
GOVERNING LAW AND SETTLEMENT OF DISPUTES
8.1. Turkish Law
shall govern any dispute that may arise from the implementation and
interpretation of the present Agreement, or the Agreement itself.
8.2. The BUYER
may, for the settlement of any disputes arising under Law no. 6502 regarding
the implementation of the present Agreement, file a claim before the Consumer
Arbitration Committees for claims up to the limit announced by the Ministry of
Customs and Trade, and the Consumer Courts of Istanbul Anatolia ( İSTANBUL
ANADOLU TİCARET MAHKEMELERİ ) for any disputes in excess of said limit. In case
of discrepancies between the two versions, the Turkish version shall
VENDOR : Kidtex Tekstil Ticaret Ltd. Şti. (KIDZEE)