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Distance Sales Agreement


 1. PARTIES

 

This Agreement has been signed between the following parties under the terms and conditions specified below:

 

'BUYER'; (hereinafter referred to as the "BUYER")

Name-Surname:

Address:

 

'SELLER'; (hereinafter referred to as the "SELLER")

Title: Kayra Export Home Textile Ind. And Trade Inc.

Address: Mimar Sinan Organized Industrial Zone Directorate, 1st Street, No:16, 38650 Mimarsinan OIZ/Melikgazi/Kayseri

 

By accepting this agreement, the BUYER undertakes to pay the order price and any additional charges such as shipping fees, taxes, etc., specified, if the BUYER approves the subject of the contract order.

 

2. DEFINITIONS

 

In the implementation and interpretation of this agreement, the terms below will represent the explanations written opposite them.

 

MINISTER: Minister of Customs and Trade,

MINISTRY: Ministry of Customs and Trade,

LAW: Law No. 6502 on Consumer Protection,

REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),

SERVICE: The subject of any consumer transaction other than supplying goods for a fee or benefit,

SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities,

BUYER: Real or legal person who acquires, uses, or benefits from a good or service for non-commercial or professional purposes,

SITE: The website owned by the SELLER,

ORDERER: Real or legal person who requests a product or service from the SELLER's website,

PARTIES: SELLER and BUYER,

CONTRACT: This contract concluded between the SELLER and the BUYER,

GOOD: Movable property subject to shopping and intangible goods such as software, sound, image, etc.


3. SUBJECT

 

This agreement regulates the rights and obligations of the parties in accordance with the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts regarding the sale and delivery of the product specified below, which the BUYER orders electronically through the SELLER's website.

 

The prices listed and announced on the website are the sales prices. The announced prices and promises are valid until updated and changed. Prices announced for a certain period are valid until the end of the specified period.

 

4. SELLER INFORMATION

 

Title: Kayra Export Ev Teks. San. Ve Tic. A.Ş.

Address: Mimar Sinan Organized Industrial Zone Directorate, 1st Street, No:16, 38650 Mimarsinan OIZ/Melikgazi/Kayseri

Phone: 0 532 345 96 38

Email: info@kayraexport.com


5. BUYER INFORMATION

Name of the person to be delivered

Delivery address

Phone

Fax

Email/username


6. INFORMATION OF THE PERSON WHO PLACES THE ORDER

Name/Surname/Title

Address

Phone

Fax

Email/username


7. PRODUCT INFORMATION

Basic features of the product(s)/service subject to the contract are published on the SELLER's website. If the SELLER organizes a campaign for the product, you can review the basic features of the relevant product during the campaign period. The campaign is valid until the specified date.

 

The prices listed and announced on the website are sales prices. The announced prices and promises are valid until updated and changed. Prices announced for a certain period are valid until the end of the specified period.

 

The total sales price, including all taxes for the product or service subject to the contract, is shown below:

 

Product Description

Quantity

Unit Price

Subtotal (VAT Included)

[Product Name]

[Quantity]

[Price]

[Total]

Shipping Fee

-

-

[Shipping Cost]

Total:

-

-

[Total Amount]

 

Payment Method and Plan:

 Delivery Address

Recipient

Billing Address

Order Date

Delivery Date

Delivery Method

The shipping cost, which is the shipping expense of the product, will be paid by the SELLER.


8. INVOICE INFORMATION

 

Name/Surname/Title

Address

Phone

Fax

Email/username

Invoice Delivery: The invoice will be delivered to the invoice address during the order delivery.


9. GENERAL PROVISIONS

 

9.1. The BUYER acknowledges, declares, and undertakes that they have read and understood the basic qualities of the product, the sales price, and payment terms, as well as the preliminary information about delivery, and give the necessary confirmation electronically.

 

9.2. The product subject to the contract will be delivered to the BUYER or the person/institution at the address indicated in the preliminary information on the website, depending on the distance of the BUYER's place of residence for each product, within the legal period of 30 days.

 

9.3. If the SELLER fails to deliver the product subject to the contract within the period due to force majeure or extraordinary circumstances such as adverse weather conditions, interruption of transportation, the public and industrial action, it is obliged to notify the BUYER. In this case, the BUYER may use one of the rights to cancel the order, replace the product subject to the contract with a precedent, and/or postpone the delivery period until the obstacle is eliminated. If the BUYER cancels the order, the total price paid will be paid to them in cash and at once within 14 days.

 

9.4. The BUYER may exercise the right of withdrawal within 14 (fourteen) days from the delivery of the contractual product to itself or to the person/organization at the address indicated.

 

9.5. In order to use the right of withdrawal, written notice must be made to the SELLER by registered mail, fax, or e-mail within the same period and the product must not be used in accordance with the provisions of the "Use of the Right of Withdrawal" section.

 

9.6. In the event that the right of withdrawal is used;

 

a. A filled-in copy of the invoice indicating that 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 with the return invoice issued by the institution when returning.)

 

b. Return form

 

c. Products to be returned must be delivered complete and undamaged with their original box, packaging, and standard accessories, if any.

 

d. The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 14 days from the receipt of the withdrawal notice and to take back the goods within 14 days.

 

e. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned.

 

f. If the campaign limit amount set by the SELLER within the scope of the campaign is reduced due to the use of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.

 

g. The shipping cost of the returned products as a result of the exercise of the right of withdrawal is paid by the BUYER.

 

h. The shipping cost of the returned products as a result of the exercise of the right of withdrawal is paid by the BUYER.

 

i. The SELLER is responsible for the return of the total amount paid to the BUYER and the return of the documents that put the BUYER under debt within 14 days following the receipt of the withdrawal notification and for receiving the goods within 14 days.

 

j. If there is a decrease in the value of the goods due to the fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the damages of the SELLER at the rate of the fault.

 

k. The BUYER cannot use the right of withdrawal for products prepared in line with the special requests and demands of the BUYER or clearly personalized.

 

l. In order to use the right of withdrawal, it is mandatory to send the original invoice with the product to be returned. If the invoice is not sent, the refund procedure cannot be completed.

 

m. The shipping cost of the returned products due to the right of withdrawal is covered by the SELLER.

 

n. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned.

 

10. PAYMENT PLAN

 

The BUYER agrees and undertakes that the legal interest, default interest, commercial interest, and any other names arising from the delay will be paid to the SELLER if they are in default of the debt under this contract.

 

11. DELIVERY OF THE PRODUCT

 

11.1. The product will be delivered to the BUYER within the period specified in the preliminary information on the website, depending on the distance of the BUYER's place of residence for each product, without exceeding the legal period of 30 days.

 

11.2. The SELLER is responsible for delivering the product subject to the contract in a sound, complete manner, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.

 

11.3. If the product subject to the contract is to be delivered to another person/organization from the BUYER, the SELLER cannot be held responsible for the person/organization to be delivered does not accept the delivery.

 

12. FORCE MAJEURE

 

In cases such as natural disasters, fires, explosions, civil wars, wars, uprisings, popular movements, mobilizations, strikes, lockouts, infrastructure and internet malfunctions, power outages, and bad weather conditions that prevent the fulfillment of the obligations arising from this contract, the parties are not responsible for the late performance of their actions. In such cases, the rights and obligations of the parties arising from this contract will be suspended during the force majeure event. If the force majeure event continues for 30 (thirty) days, each party has the right to terminate the contract unilaterally.

 

13. CONTRACT AMENDMENTS

 

The SELLER may change the provisions of this contract at any time by posting it on the website. The amended provisions of this contract shall become effective on the date of publication; the remaining provisions shall remain in force and continue to produce results. This contract may not be changed in writing.

 

14. COMPETENT COURT

 

In disputes that may arise from this contract, the Consumer Problems Arbitration Committees and Consumer Courts are authorized up to the value declared by the Ministry of Customs and Trade. If the order is approved by the BUYER on the electronic environment, the BUYER shall be deemed to have accepted all the terms of this contract. In addition, in case of any dispute, the records of the SELLER, including the records of the website and the electronic information and computer records kept in the database of the SELLER, will be deemed as evidence in accordance with the provisions of the Code of Civil Procedure.

 

15. EXECUTION OF THE CONTRACT

 

This Agreement has been read and approved by the parties electronically, and the SELLER's records regarding the dispute are binding, in the event of a dispute. The BUYER accepts and declares that the information specified in this contract regarding the basic features, sales price, and payment method of the product subject to the contract, as well as the preliminary information about the delivery of the product, is accurate and complete.

 

SELLER:

 

Kayra Export Ev Teks. San. Ve Tic. A.Ş.

Mimar Sinan Organized Industrial Zone Directorate, 1st Street, No:16, 38650 Mimarsinan OIZ/Melikgazi/Kayseri

 

BUYER:

[Name-Surname]

[Address]

[Phone]

[Email/username]

 

Date: [Date]