DISTANCE SALES AGREEMENT
DISTANCE SALES AGREEMENT
İ
MATTER 1 :
SELLER
Title : KHC GRUP TİCARET ANONİM ŞİRKETİ.
Address : Akse Mahallesi 1552. Sokak No: 111 Çayırova / Kocaeli
Telephone : 0850 241 06 75
E-mail : destek@kenanbey.com
BUYER (CONSUMER)
Name, Surname or Title :
Address : Member's Address
Telephone :
Mobile Phone : Mobile phone number of the member
Fax : Member's Fax Number
E-posta : Üyenin e-posta adresi
ARTICLE 2: SUBJECT OF THE AGREEMENT
The subject of this contract is in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of the products whose qualities and sales prices are specified below, which the SELLER sells to the BUYER electronically from the www.arifehanim.com website. regulate their rights and obligations.
The BUYER is informed about the basic characteristics of the products subject to sale, sales prices, payment method, delivery conditions, all preliminary information about the products in question, the right of withdrawal and return conditions, confirms this preliminary information in electronic environment and then orders the products. accepts and declares in accordance with its provisions.
Preliminary information and information form sent to the e-mail address approved by the consumer and registered in the system while shopping at www.arifehanim.com and the SELLER's sales invoice are integral parts of this contract.
ARTICLE 3: CONTRACTUAL PRODUCT / SALE PRICE / DELIVERY INFORMATION
The type and type, quantity, brand or model, sales price, payment method, delivery person, delivery address, invoice information and shipping fee of the product or products purchased by the member electronically from the kenanbey.com e-commerce site are as seen in the forms prepared before shopping.
ARTICLE 4: RIGHT OF WITHDRAWAL
The SELLER makes the following commitment to the BUYER, provided that it carries the title of Consumer.
"The consumer has the right to withdraw from the contract by refusing the goods or services within seven days from the date of receipt of the goods or the signing of the contract, without undertaking any legal or penal liability and without giving any reason (and without paying any penal clause), and that the consumer has the right to withdraw from the contract as of the date of receipt of the withdrawal notification to the seller or supplier. We are committed."
However, there is no right of withdrawal in the contracts regarding the following goods/services, even if they have been purchased in accordance with the relevant legal regulations, even if they have not been used/used: goods (including those brought in); Goods such as cosmetics, etc., and foodstuffs such as chocolate, etc., which are not suitable for return due to their nature and which are in danger of spoiling quickly or whose expiration date is likely to pass; Audio or video recordings, software programs and computer consumables such as CDs, DVDs, unpacked by the consumer; goods whose prices are determined in organized markets such as the stock market; publications such as newspapers, magazines; betting and lottery related services; In general, all services performed instantly in electronic environment and all kinds of intangible goods delivered instantly to the consumer. In addition, the services started to be performed within the period of the right of withdrawal with the approval of the consumer and other goods-services considered outside the scope of distance sales in accordance with the relevant legislation.
In order to exercise the right of withdrawal, a written notification must be given to the SELLER within the specified 7-day period. (Written notification can also be made through a permanent data carrier-remote communication tool such as registered letter with return receipt, telegram, e-mail to support@kenanbey.com) 'Fame; The original invoice must be returned by filling in the return form sent to the BUYER together with the invoice, and a copy of the cargo delivery report indicating that it has been sent to the SELLER (in accordance with the tax legislation).
If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded to the Buyer.
In addition, the products to be returned must be delivered to the SELLER completely and undamaged, together with the box, packaging, standard accessories, if any. The shipping cost of the product returned using the right of withdrawal is borne by the BUYER.
During the return of the product delivered to the BUYER to the SELLER, by filling in the return form sent to the BUYER together with the invoice, reminding once again that it is necessary to return the original invoice together with the product, with the example of the cargo delivery report (in accordance with the tax legislation); Invoice of real person merchants, capital companies, etc. It has been announced both on our website and in the preliminary information form that order returns can only be made by issuing a RETURN INVOICE. In this case, it will not be possible to accept return requests unless a return invoice is issued.
In case the right of withdrawal is exercised, the address to which the Consumer-BUYER will return the product is the address of the SELLER specified in this contract.
If the Consumer-BUYER, who has the right of withdrawal after the products are delivered to the courier by the SELLER, has used this right;
If the order has not yet been delivered to the cargo, the BUYER can cancel the order through my orders section, send his request via e-mail (support@arifehanim.com) or call the support line (0850) 241 06 75 during working hours on weekdays.
If the order has been delivered to the cargo; A copy of the invoice can be sent to the Return Address: Akse Mahallesi 1552. Sokak No: 111 Çayırova / Kocaeli free of charge, by filling out the return form sent with the invoice. In order for the products to be returned in a healthy manner, the title WILL BE RETURNED on A4 Paper can be added to the shipment. In order for the process to run smoothly, the Shipment code that can be obtained from the cargo company should be kept. Care should be taken to ensure that the products to be returned are properly packaged, that a "breakable item" warning is made in terms of breakable items and that they are in their original packaging. Adding an explanatory note to the returns will be helpful in accelerating the return process.
The price of the Product is returned to the BUYER within 10 days following the receipt of the above-written documents and the Product to the SELLER in this way. The refund is made by way of a refund to the credit card used by the BUYER during the order. Since the reflection of the refund amount to the BUYER's accounts after the return to the Bank is entirely related to the Bank's transaction process, the BUYER accepts in advance that it will not be possible for the SELLER to intervene and take responsibility for possible delays.
Cayma hakkı kullanılabilen Ürünlerde, yine mevzuat uyarınca, malda mutat kullanım dışında kullanımdan ötürü meydana gelen değişiklik ve bozulmalardan ya da genel olarak tüketicinin kusurundan kaynaklanan bir değer azalması söz konusu ise Tüketici'nin değerdeki bu azalmayı, iade imkânsızlığı var ise malın değerini (yukarıdaki satış fiyatını) SATICI'ya tazmin etmesi gerekir.
ARTICLE 5: TERM OF CONTRACT
The delivery of the product to the cargo will be made within 5 working days at the latest from the date the order is placed and the payment is received by the seller. This period may be extended for another 10 days, provided that the consumer is notified in writing. If, for any reason, the product price cannot be collected from the credit card, the Seller is deemed to be relieved of its obligation to deliver the product. In the event of non-existent or unforeseen force majeure at the time of order confirmation on the internet, the seller will not be liable if he cannot fulfill his performance. If this force majeure lasts more than 15 days, each party will have the right to terminate the contract unilaterally.
ARTICLE 6: AGREEMENT DATE
This contract, which was previously signed by the Seller, has been sent to the BUYER by sending it to the e-mail address he provided while registering to the system. The date approved electronically is also the date of the contract.
ARTICLE 7: GENERAL PROVISIONS
1. The BUYER shall declare that he/she has received, read and informed about the basic characteristics of the products displayed on the www.kenanbey.com website, the sales price including all taxes and the payment method, the delivery/delivery cost, the right of withdrawal and the terms of use, and that he/she has been informed about the sales in the electronic environment. accepts that it has given the necessary confirmation-approvals.
2. The color and number alternatives of the products displayed on www.kenanbey.com are limited to the stock held by the SELLER. The color and number combination of the product chosen by the BUYER may have been ordered by another user before the BUYER's order. Orders will be evaluated according to the order in which they are sent to the SELLER. In parallel, the color and number combination of the product chosen by the BUYER may not be available in the SELLER's stocks. In such a case, the BUYER can choose alternative products or request a refund if they have paid.
3. The product subject to the contract, provided that it does not exceed the legal 30-day (and additional 10-days with prior notification of the BUYER), for each product, depending on the distance of the BUYER's residence, the information and e-mail announced on the address www.kenanbey.com The preliminary information sent to the address and the information form are delivered to the BUYER by the courier company with which the SELLER has an agreement, within the period described in the information form. The SELLER sends and delivers the products it sells to the BUYERS through CARGO companies.
3. In general, unless otherwise stated, the delivery costs (shipping fee, etc.) belong to the BUYER. .
4. In the event that the BUYER is not present at the address at the time of cargo delivery, the SELLER shall be deemed to have fulfilled its obligation fully and completely. In the event that there is no one to take delivery at the address, it will be the BUYER's responsibility to contact the cargo company and follow up the shipment of the products.
In these cases, any damages arising from the late delivery of the Product by the BUYER and the expenses incurred due to the fact that the Product has been waiting in the cargo company and/or the cargo is returned to the SELLER shall also belong to the BUYER.
5. The BUYER is responsible for checking the Product as soon as it is received and when he sees a problem in the Product caused by the cargo, not accepting the Product and keeping a report to the CARGO company official. Otherwise, the SELLER will not accept responsibility.
Invoice and waybill control: Invoice and waybill are sent outside of the cargo box, in a transparent adhesive tape. In case the invoice and/or waybill is not on the package, you must write a report to the cargo officer and contact us via the registered e-mail or telephone numbers on the site. In this case, the invoice and/or the waybill will be sent by mail as the original, stamped.
When the cargo is delivered to the BUYER, if there is crushing, deformation, wetness or any condition that may damage the product, the condition of the products should be checked by opening the parcel with the cargo officer. In case of damage to the products, the BUYER must not take delivery of the products and ask the cargo officer to keep a report. If the cargo has not been accepted and the said report has been kept, the situation should be reported to the seller as soon as possible using the communication tools specified in the contract, together with the copy of the report remaining with the buyer.
The products received from the cargo by the BUYER without the control of the cargo and the aforementioned report shall be deemed to be undamaged and intact.
The products received without objection by the BUYER without a record from the cargo shall be deemed to be undamaged and intact.
In particular, glass products broken, cracked, etc. In order for the return and exchange requests due to complaints to be taken into account, the BUYER should definitely open the package and check it while receiving the product from the cargo and check for any broken, scratched, cracked, etc. The product with a problem should not be received from the cargo, and it should be returned to the SELLER by keeping a record. Otherwise, the product received from the cargo broken, scratched, cracked, etc. complaints will not be taken into account, the product received without objection from the cargo will be accepted as undamaged and intact, and there will be no broken, scratch, crack etc. Complaints will not be considered.
6. Unless otherwise stipulated in writing by the SELLER, the BUYER must have paid the price in full before receiving the Product. If the price of the product is not fully paid to the SELLER for any reason, the SELLER may unilaterally cancel the contract and not deliver the Product.
If, for any reason, after the delivery of the product, the Bank/financial institution to which the credit card is processed does not pay the Product price to the SELLER, the Product shall be returned to the SELLER by the BUYER within 3 days at the latest, at the BUYER's expense. All other contractual-legal rights of the SELLER, including the follow-up of the Product price without accepting the return, are reserved separately and in any case.
It should be especially noted that; Credit card, installment card etc. of which the BUYER owns the sales price. All facilities provided by these cards are credit and/or installment payment opportunities provided directly by the card issuer; Product sales realized within this framework and for which the SELLER collects the price all at once or step by step, are not sales on credit or installments for the parties of this Agreement and are cash sales.
7. If the product cannot be delivered within the legal 30-day period and the delay exceeds 10 days due to extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquake, flood, fire) other than the normal sales/delivery conditions, the SELLER shall be responsible for the delivery. informs the BUYER. In this case, the BUYER can cancel the order, order a similar product or wait until the end of the extraordinary situation.
If the product price is collected in order cancellations, it is returned to the BUYER within 10 days from the cancellation. Refunds are made by way of a refund to the BUYER's credit card. Since the reflection of this amount on the BUYER's accounts after the return of this amount to the bank is entirely related to the Bank's transaction process, the BUYER accepts in advance that it will not be possible for the SELLER to intervene and take responsibility for possible delays. If it is understood that it cannot be supplied, it can supply another good/service of equal quality and price by informing the BUYER and by obtaining his approval, and it is deemed to have fulfilled its contractual commitment in this way. In cases where the BUYER does not approve on the internet, the provisions regarding the cancellation of the order are applied.
9. The BUYER may notify the SELLER about his requests and complaints regarding the product and sale through the SELLER communication channels in the preamble of the Contract.
10. This Agreement, which has been approved by the BUYER after receiving the preliminary information and confirming it on the internet, is in effect until the parties fulfill their payment/delivery obligations arising from the Agreement, without prejudice to the relevant provisions.
11. If the BUYER intends to use the right of withdrawal, he should not use the product and return the invoice.
12. Persons under the age of 18 and persons with restrictions cannot shop from www.arifehanim.com.
13. For wholesale orders, the wholesaler who placed the order is responsible for paying the warehouse fee.
Article 8: EVIDENCE AGREEMENT AND AUTHORIZED COURT
SELLER records (including records in magnetic media such as computer-sound recordings) constitute conclusive evidence in resolving any disputes that may arise from this Agreement and/or its implementation;
If the BUYER is also a consumer within the framework of the provisions of the law numbered 4077; If it wishes, it can file its applications regarding complaints and objections in accordance with the relevant articles of the Law No. 4077 on the Protection of Consumers and in the T.C. Within the monetary limits determined by the Ministry of Customs and Trade in December every year, they can make the decisions to the Consumer Problems Arbitration Committee or the Consumer Court in the place where the consumers purchased the goods / services or where they reside. For BUYERS who do not have the title of consumer, legal remedies will be available within the framework of the provisions of the Turkish Commercial Code and the Code of Obligations.
Article 9: CONFIRMATION OF THE CONTRACT
The BUYER declares that he has read all the conditions and explanations written in this Contract and in the pre-information form of the order-contract which is its integral part, the basic characteristics of the Products subject to sale, sales price, payment method, delivery conditions, etc. All preliminary information about the product subject to sale and the right of withdrawal are informed in advance, that the preliminary information is sent to the e-mail registered in the system, as well as seeing and confirming the preliminary information in the electronic environment at www.arifehanim.com, so that by giving confirmation-approval to all these in electronic environment, you can order and submit the product. declares that it accepts the terms of this Agreement.