Distance Sales Agreement

ARTICLE 1 – SUBJECT

The 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”)

Headquarters :

Address:

Return Address

Phone :

Fax :

E-mail :

MERSIS(Central Registration System Number) No

2.2. BUYER DETAILS

Name/Surname/Title: Gökçe Karabulut (hereinafter the “BUYER”)

Tax Office and Tax Nr :

Address :

Phone :

E-mail :

Under the present Agreement, the BUYER and the VENDOR shall collectively be referred to as the Parties.

ARTICLE 3 – PRODUCTS COVERED UNDER THE AGREEMENT

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. 

 

 

Product description       Piece                    Unit Price Including VAT             Subtotal

 

Kidzee 0.5 Tog Sleeping Bag :

 

Shipping cost                   :

 

Payment Method                          :

 

Total Discount                 :

 

Total (Including VAT)    :

 

Delivery address:

Billing address

(If different)                     :

ARTICLE 4- PAYMENT

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.

 

4.6 The 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.

ARTICLE 5- DELIVERY

5.1 The 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 on

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. 

5.7 The 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 BUYER.

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 damaged.

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.

7.6  The 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 and stored. 

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. 

ARTICLE 8- 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 prevail. 

VENDOR : Kidtex Tekstil Ticaret Ltd. Şti. (KIDZEE)

BUYER :

DATE :

 

 

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