Distance Sales Agreement

ARTICLE 1 – SIDES

This Distance Sales Agreement (“Agreement”), has been concluded between the parties whose information is given below: 

1.   SALES PERSON (“The seller”)

 

 

Trade name

:

Sehriban Ezim – Kos living

Sink No

:

 

Address

:

Cerrah Mah. 3. Sanayi Cad. No:11/3 Inegol/Bursa

Phone         

:

+90 216 358 16 60

Email Address        

:

info@kosliving.com

 

2.   ALICI (“Buyer”)

 

 

Name and Surname / Title

:

[●]

Address            

:

[●]

Phone

:

[●]

Email Address

:

[●]

 Within the scope of this Agreement, the Buyer and the Seller separatelyTaraf” and together “Sideswill be referred to as “. 

MATTER 2 – SUBJECT AND PURPOSE AND SCOPE OF THE AGREEMENT

The subject and purpose of this Agreement, including the cases where the Buyer makes transactions with the application on his mobile device, the electronic commerce website of the Seller with the extension www.kosliving.com ("Web site") within the scope of the purchase to be made through the product or services (for both one and more than one product, "Product” will be used), the terms of sale and delivery to the Buyer and the Parties, Law No. 6502 on the Protection of Consumers (“Law”), Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014 and numbered 29188 (“regulation”) and the regulation of the rights and obligations, declarations and commitments under other regulations. 

ARTICLE 3 - ISSUES THAT THE BUYER IS INFORMED BEFORE THE CONTRACT

Before signing this Agreement, the Buyer, by seeing and examining all general and special explanations on the relevant pages and sections of the Website, regarding the following issues (without being limited to these issues); In addition, the preliminary information text that was brought to the attention of the Buyer before this Agreement ("Preliminary Information”), accepts, declares and undertakes that he/she has been fully and completely informed:

  • The main features of the product subject to the contract;
  • Trade name and Mersis number of the seller or supplier;
  • The full address, telephone number and similar contact information of the Seller or the Provider, which allows the Buyer to contact the Seller or the Provider quickly, and the identity and address of the person acting on behalf of or on behalf of the Seller or the Provider, if any;
  • Contact information for the seller or provider to forward consumer complaints;
  • If the total price of the Product, including all taxes, cannot be calculated in advance due to its nature, the method of calculation of the price, all shipping, delivery and similar additional costs, if any, and information that additional costs may be paid if these cannot be calculated in advance;
  • In cases where the usage fee of the remote communication tool cannot be calculated over the ordinary fee schedule during the establishment of the contract, the additional cost imposed on the Buyer;
  • Information on payment, delivery, performance and commitments thereto, and the Seller's or supplier's resolution methods for complaints;
  • In cases where there is a right of withdrawal, information on the conditions, duration, procedure of the exercise of this right and the carrier that the Seller envisages for the return;
  • The full address, fax number or e-mail information to which the withdrawal notification will be made;
  • In cases where the right of withdrawal cannot be exercised, information on whether the Buyer cannot benefit from the right of withdrawal or under which conditions he will lose his right of withdrawal;
  • Deposits or other financial guarantees, if any, to be paid or provided by the Buyer at the request of the seller or supplier, and the conditions thereof,
  • Technical protection measures, if any, that may affect the functionality of digital contents;
  • Information about what hardware or software the digital content may work with, which the vendor or provider knows or reasonably expects to know;
  • Information that consumers can make their applications regarding the dispute to the consumer court or consumer arbitration committee;
  • Appropriate tools and methods regarding the sales and order process stages during the purchase of the Product from the Website and the correction of erroneous and/or incomplete information;
  • Electronic contact information where the Seller can obtain the code of conduct stipulated by the chamber of which he is a member (Telephone: (0224) 714 82 60; Web site: itso.org.tr);
  • Confidentiality, data usage, data processing and electronic communication rules applied by the Seller to the Buyer's information and electronic communication rules to the Buyer and the Buyer's permissions to the Seller in these matters, the Buyer's legal rights, the Seller's rights and the Parties' Customer Clarification Text that specifies the usage procedures of the rights;
  • Transactions and practices regarding privacy, personal data and electronic communications;
  • Cookie policy;
  • Return and cancellation policy; and
  • shipping policy.

ARTICLE 4 - PRODUCT

The product's type and type, quantity, basic features, dimensions, brand, model, color and the sales price including all taxes are on the Website, in the Preliminary Information and as stated below. accepts and approves the information. 

Product Information

 

 

Product / Service Description / Type and Type of Product

:

 

Quantity

:

 

Key Features / Dimensions / Brand / Model / Color

:

 

Price

:

 

Shipping fee

:

 

Order Total Price (including VAT and costs) (“Product Price”)

:

 

 

ARTICLE 5 - ORDER AND PAYMENT

  • After the Buyer creates his order and approves the Agreement on the Website, he will be under the obligation to pay the Product Price in order to be able to complete and approve his order; In this context, the payment instruments that he can use are credit cards and debit cards, and the payment method he chooses is as follows; It accepts, declares and undertakes that the Product Price will be collected from the Buyer with the payment method chosen. 

Payment method

 

 

Payment method

:

[●]

Credit Card / Debit Card Number

:

[●]

Installment Information

:

[●]

         

          The billing information declared by the Buyer on the Website is as follows: 

Billing Information

 

 

Invoice Person

:

[●]

Billing address

:

[●]

Tax Office and Tax Number

:

[●]

Phone

:

[●]

Email Addresses

:

[●]

 

  • In order for the buyer to pay with the payment method he has chosen, he must fill in the information of the relevant card completely and completely in the relevant section; It is possible to make a single payment with a credit card, or to make a deferred payment by dividing into a number of installments to be determined within the scope of the campaigns; in installment transactions, the relevant provisions of the contract signed between the Buyer and the relevant bank shall apply; It accepts, declares and undertakes that at the initiative of the bank, the bank may organize campaigns, apply a higher number of installments than the number of installments chosen by the Buyer, and offer services such as installment delays. 
  • The buyer must separately confirm the relevant interest rates and the information regarding the default interest from the bank, within the framework of the credit cards of the bank; that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the bank and the Buyer; accepts, declares and undertakes that in case the payments are made in installments, the reflection of the refund to the transaction card in installments every month is entirely related to the bank's processes and practices. 
  • The Buyer assumes that the Product Price has not been paid in full prior to delivery in advance sales; In the case of installment sales, the Seller accepts, declares and undertakes that if the due installment is not paid, the Seller has the right to cancel the Contract unilaterally and not to deliver the Product. 
  • If, for any reason, after the delivery of the Product, the bank to which the credit card is processed does not pay the Product Price to the Seller or demands a refund, the Product may be returned to the Seller within 3 (three) days at the latest. or return it; If the non-payment of the Product Price is caused by an unfair instruction or objection of the Buyer to the bank, or by a fault or negligence, it will cover the shipping costs related to the return; In this case, the Seller accepts, declares and undertakes that all legal rights, including the follow-up of the Product Price, are reserved without accepting the return. 
  • The Seller, together with the payment of the Product Price by the Buyer, sends the invoice, order confirmation and summary, Preliminary Information and a copy of this Agreement to the e-mail address notified by the Buyer and a copy of the aforementioned data for a period of 3 (three) years. accepts, declares and undertakes to preserve it. 

ARTICLE 6 DELIVERY OF THE PRODUCT

  • In general and unless expressly stated otherwise, the Buyer assumes that the delivery costs (shipping fee, etc.) belong to the Buyer; must have paid the Product Price in order for the delivery to be carried out; It accepts, declares and undertakes that all or a part of the said delivery costs may not be reflected to the Buyer, depending on the campaigns carried out by the Seller at the time of sale and announced on the Website. 
  • The delivery information declared by the Buyer on the Website is as follows: 

Delivery Information

 

 

Delivery Person

:

[●]

Delivery address

:

[●]

Phone

:

[●]

Email Addresses

:

[●]

 

  • The Seller agrees to complete the delivery within 30 (thirty) working days at the latest following the receipt of the order, in accordance with paragraph 3 of Article 48 of the Law and Article 16 of the Regulation, although the delivery time may vary according to the supply period of the Product. , declares and undertakes. 
  • The Seller, due to force majeure (such as earthquake, flood, fire, epidemic) other than normal sales/delivery conditions, does not accept that the Product is subject to Article 6.3 of the Contract. In the event that it cannot be delivered within the 30 (thirty) business days specified in the article, it accepts, declares and undertakes to notify the Buyer through the communication tools shared by the Buyer, regarding this situation. 
  • The parties agree that the Seller, the Product, the Buyer, the 6.3 of the Contract. If the Buyer cannot deliver within the 30 (thirty) business days specified in the article, either under normal conditions or due to force majeure, the Buyer has the right to cancel the order, order another similar product or, in case of force majeure, wait until the extraordinary situation ends; In case of cancellation of the order, they accept, declare and undertake that the entire Product Price paid by the Buyer to the Seller within the scope of the order will be returned to the Buyer by the Seller within 14 (fourteen) days. 
  • In the event that the supply of the Product subject to the order becomes impossible, the Seller shall inform the Buyer clearly and through one of the communication means it has notified, within 3 (three) days from the date of learning of this situation; It accepts, declares and undertakes that the entire Product Price paid by the Buyer to the Seller within the scope of the order will be returned to the Buyer by the Seller within 14 (fourteen) days. 
  • The Seller declares that the Product can be sold both in Turkey and abroad; In both cases, it accepts, declares and undertakes that the Product will be delivered to the person determined by the Buyer as the person to be delivered within the scope of the order, at the address notified. 
  • In case the Product is delivered to the address specified by the Buyer, the Parties agree that the Seller will send the Product through a courier company chosen by the Seller; If the courier company that will make the delivery does not have a branch that can deliver to the delivery address specified by the Buyer, they accept, declare and undertake that the Product will be received by the Buyer from another nearby branch to be notified to the Buyer by e-mail, SMS or telephone. 
  • During the delivery of the Product, if the person to be delivered is not personally present at the delivery address and the persons at the address do not accept the delivery, the Buyer shall be deemed to have fulfilled the obligation of the Seller in this regard; In the event that there is no one to receive delivery at the address, it is the Buyer's responsibility to follow up and ensure the shipment of the Product by contacting the courier company; If the product is to be delivered to a person or organization other than the Buyer, the Seller will not be held responsible if this person or organization is not present at the address or does not accept the delivery; In these cases, the Buyer accepts, declares and undertakes that all kinds of damages arising from the late delivery of the Product and the expenses incurred due to the product waiting in the cargo company and/or the return of the cargo to the Seller shall be borne by the Buyer. 
  • The Buyer, the person who will receive the Product is responsible for checking the Product at the time of receipt and not accepting the Product when he sees a problem in the Product arising from the cargo and keeping a report to the courier company; otherwise, the Seller will not accept any liability regarding this matter; In the event that the Buyer requests the Product to be sent via another carrier from the courier company determined by the Seller, the Seller accepts, declares and undertakes that the Seller shall not be held responsible for any loss or damage that may occur as of the delivery of the relevant Product to the carrier determined by the Buyer. 

ARTICLE 7 RIGHT OF WITHDRAWAL

  • The parties agree that in accordance with Articles 47 and 48 of the Law and Articles 9 to 15 of the Regulation, in case the Buyer receives the Product (or the person who will receive it is determined by the Buyer as another person, the relevant person will has the right to withdraw from the Contract within 14 (fourteen) days from the date of receipt of the contract, without giving any reason and without paying any penal clause; They accept, declare and undertake that it is possible to exercise the right of withdrawal within the period from the conclusion of the Contract until the delivery of the Product. 
  • The Parties accept, declare and undertake that the right of withdrawal cannot be exercised by the Buyer in the Contract concluded for the sale of the following, pursuant to Article 15 of the Regulation: 
  • Contract for goods or services whose price varies depending on the fluctuations in the financial markets and which are not under the control of the Seller or the provider;
  • Contract for goods prepared in line with the wishes or personal needs of the consumer;
  • Contract for the delivery of perishable or expired goods;
  • From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contract for the delivery of those whose return is unsuitable in terms of health and hygiene;
  • Contract for goods that are mixed with other products after delivery and cannot be separated due to their nature;
  • Contract regarding books, digital content and computer consumables presented in material environment, if protective elements such as packaging, tape, seal, package are opened after the delivery of the goods;
  • Contract for the delivery of periodicals such as newspapers and magazines, except those provided under the subscription contract;
  • Contract for accommodation, carriage, car rental, food and beverage supply, and leisure for leisure or recreation, which must be made on a certain date or period;
  • Contract regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer; and
  • Contract regarding the services that are started to be performed with the approval of the consumer, before the expiry of the right of withdrawal.
  • The parties, the notification of the use of the right of withdrawal, by the Buyer, 7.1 of the Contract. It will be sufficient for the Seller to be addressed in writing, with a clear statement, to the e-mail address included in the Preliminary Information and this Agreement, within the period specified in the article; When the Seller receives the Buyer's right of withdrawal request, he/she shall transmit the confirmation information to the Buyer and within 14 (fourteen) days, the entire Product Price collected from the Buyer within the scope of the order shall be paid to the Buyer in the preferred payment when placing the order. They accept, declare and undertake that they will be returned through the method
  • In cases where it is possible for the Buyer to exercise its right of withdrawal, the Buyer shall be liable for any changes and deteriorations that may occur if the Buyer does not use the Product in accordance with its operation, technical specifications and usage instructions within the withdrawal period; In this case, it accepts, declares and undertakes that at the Seller's preference and discretion, a discount may be made from the Product Price to be returned within the scope of the right of withdrawal, in accordance with the change and/or deterioration in the Product. 
  • In the event that the right of withdrawal is exercised, the Buyer, upon the exercise of the right of withdrawal for this Product in an order for a single Product, of the refund of the payment; in the case of an order containing more than one Product, the right of withdrawal for all Products will be exercised; When the right of withdrawal is exercised for some of the orders containing more than one Product by benefiting from a discount/campaign as a product or fee, if the shopping volume is beyond the scope required to benefit from the discount, the aforementioned discount will be deducted from the refund to be made to the Buyer; If he has benefited from a benefit such as a gift voucher or discount code/coupon in the shopping where he/she has the right of withdrawal, this benefit will be returned to the Buyer in the same way; If, as a result of an order for which the right of withdrawal has been exercised for all or a part of the order, the shopping for which promotion, gift certificate, discount code or coupon and similar rights have been obtained, is out of the scope specified in order to gain promotion, gift certificate, discount code or coupon and similar rights. , accepts, declares and undertakes that the promotion, gift certificate, discount code or coupon and similar rights won by the Buyer will be canceled. That is, the Buyer can redeem reward points, gift certificates, etc. cash money requests in return will not be accepted under any circumstances; and other matters related to the acquisition and use of award points and the like shall be subject to the provisions of the agreements to be signed between the said institution and the Buyer and the Seller; in relevant cases, it is possible for the Seller to use all the rights and powers determined/to be determined both here and in the aforementioned contracts before the Buyer and the organization and to carry out the related transactions on behalf and/or account of the relevant organization; Without prejudice to these provisions, the Seller accepts, declares and undertakes that it is not responsible for any disputes that may arise between the Buyer and the aforementioned organizations and their material, legal and other consequences. 
  • When the Buyer exercises its right of withdrawal, the Product is delivered to the Seller within 10 (ten) days after the notification, the original waybill/invoice, the return invoice for the product returns whose invoice is issued on behalf of the company, and also the box, packaging of the Product to be returned, the product must be sent to the Buyer, complete and undamaged, with the standard accessories, if any, through the cargo company that delivered it; In case the right of withdrawal is exercised based on a damage or defect in the Product; The shipping costs of returning the Product will be borne by the Seller; However, the product's model, color and pattern are not liked; Coming from the naturalness of the wood material used in the product color, pattern and imperfections arbitrary returns such as dislike The transportation costs of returning the Product will be borne by the Buyer; In the event that the relevant cargo company does not have a branch in the place where your delivery address is located, it accepts, declares and undertakes that the delivery of the Product to the nearest branch will be provided by the Buyer. 

ARTICLE 8 – RULES ON SECURITY AND PRIVACY, PROTECTION OF PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INDUSTRIAL RIGHTS

  • The parties declare that the rules and conditions applicable to the Seller and the Buyer regarding the transaction security, information protection, confidentiality, processing, use and commercial electronic communications on the Website are herein; They accept, declare and undertake that it is possible for the Buyer to reach and consult the Seller at any time, on related matters, through the communication tools specified in the Preliminary Information and this Agreement. 
  • The Buyer acknowledges that the necessary measures for the security of the information and transactions entered and/or recorded on the Website by the Buyer have been taken by the Seller within its own system infrastructure, within the scope of technical possibilities, according to the nature of the information and transaction; However, since the said information is entered through the device used by the Buyer, it accepts, declares and undertakes that it is the Buyer's responsibility to take the necessary measures, including those related to viruses and similar harmful applications, in order to protect them and prevent them from being accessed by unrelated persons. 
  • The Buyer, the Seller's personal data obtained during the Buyer's subscription to the Website and shopping, as detailed in the Customer Clarification Text on the Website, with the existing and future companies within the group companies it is included in, for electronic and other commercial-social communications to be made for all kinds of information, advertisement-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications, save these, process them, store them in accordance with legal periods, update them when necessary. , share, transfer, transfer, use; may also submit this data to the relevant authorities and courts upon request and/or legal requirement; In this context, it consents and permits the use, sharing, processing of existing and new personal data, in accordance with the legislation on the protection of personal data and electronic commerce legislation, and to make electronic communications and other communications, whether commercial or non-commercial, to the party; that it can always stop the communications by reaching the Seller through the communication channels specified in this Agreement, by using the right to refuse the use-processing of the data and/or the electronic communications sent to the Buyer; According to its clear notification on this matter, personal data transactions and/or electronic communications with the Recipient will be stopped within the legal maximum period; furthermore, upon request, information other than those required to be kept legally and/or possible will be deleted from the data recording system or anonymized in an anonymous manner; Objection to the emergence of a result against the Buyer by means of transactions related to the processing of personal data, the persons to whom it is transferred, correction in case of incomplete or inaccuracy, notification of the corrected information to the relevant third parties, deletion or destruction of data, analysis with automatic systems, In case of any damage due to processing, you can apply to the Seller at any time, through the communication channels in the Preliminary Information and herein, and get information from the Seller; It accepts, declares and undertakes that its applications and requests in these matters will be fulfilled within the legal maximum period or that its legal justification may be explained to the Buyer and may not be accepted. 
  • Buyer, about all kinds of information and content of the Website and their arrangement, revision and partial/full use; Except for those belonging to other third parties according to the Seller's agreement; all intellectual and industrial rights and property rights belong to the Seller; The Seller reserves the right to make any changes it deems necessary regarding these matters; accepts, declares and undertakes that these changes will be valid from the moment they are announced on the Website or by other appropriate methods. 
  • The Buyer agrees that the privacy-security policies and terms of use of the relevant sites are valid on other sites accessed from the Website; It accepts, declares and undertakes that the Seller will not be responsible for any disputes or negative consequences that may arise for this reason.  

ARTICLE 9 - OTHER PROVISIONS 

  • All kinds of informative documents, Preliminary Information and the invoice to be issued following the order on the Website are integral parts of this Agreement. 
  • In the event that the Buyer notifies the Buyer's demands and complaints regarding the Product and sale, verbally or in writing, through the communication channels specified in the Preliminary Information and this Agreement, the Seller's rightful demands and complaints of the Buyer They accept, declare and undertake that they will be pleased to meet all kinds of applications. 

ARTICLE 10 - NOTIFICATIONS 

Any correspondence to be made between the Parties under this Agreement will be made via e-mail, except for the obligatory cases listed in the legislation. The Buyer agrees that in disputes that may arise from this Agreement, the Seller's official books and commercial records, electronic information and computer records kept in its own database and servers will constitute binding, conclusive and exclusive evidence; accepts, declares and undertakes that this article is in the nature of an evidential contract pursuant to article 193 of the Code of Civil Procedure No. 6100. 

ARTICLE 11 – AUTHORIZED COURT AND RESOLUTION OF DISPUTES 

This Agreement will be subject to the laws of the Republic of Turkey and will be interpreted in accordance with such laws. Istanbul Çağlayan Courts and Enforcement Offices will be authorized to resolve any dispute arising from this Agreement. In so far, the Buyer has the right to submit its applications regarding the dispute to the consumer court or consumer arbitration committee at any time. 

ARTICLE 12 FORCE 

If this Agreement is approved by the Buyer electronically, it will become binding and will be deemed to have entered into force as of the date of approval.