KUTUSUZLAR.COM WEBSITE DISTANCE SALES AGREEMENT
ARTICLE 1 – PARTIES TO THE AGREEMENT
SELLER:
KAATI AMBALAJ SAN. TİC. LTD. ŞTİ.
Çakmaklı Mah. Hadımköy Yolu Cad. No:57 Ufuk Plaza K:3, 15-C, Istanbul / Türkiye
Website: www.kutusuzlar.com
E-mail: [email protected]
BUYER:
Name / Surname (or Company Name, if applicable): [ISIM]
Address: [ADRES]
Telephone: [TELEFON]
E-mail: [EMAIL]
ARTICLE 2 – SUBJECT OF THE AGREEMENT
The subject of this Agreement is to determine the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 4077 and the Regulation on the Principles and Procedures of Distance Contracts regarding the sale and delivery of the goods/services ordered electronically by the Buyer through the Seller’s website, www.kutusuzlar.com, which possess the characteristics specified in this Agreement and whose sale price is stated herein.
The Buyer acknowledges and declares that they have been informed about the essential characteristics of the goods/services subject to sale, the sale price, payment method, delivery conditions, all preliminary information regarding the goods/services, and the right of withdrawal, that they have confirmed such information electronically, and subsequently placed the order in accordance with the provisions of this Agreement.
The preliminary information displayed on the payment page of www.kutusuzlar.com and the invoice constitute integral parts of this Agreement.
ARTICLE 3 – DATE OF THE AGREEMENT
This Agreement, previously signed in two copies by the Seller, shall be deemed accepted upon being signed by the Buyer on [TARIH]. One signed copy shall be sent to the Buyer's e-mail address.
ARTICLE 4 – DELIVERY OF THE GOODS/SERVICES, PLACE OF PERFORMANCE, AND METHOD OF DELIVERY
The goods/services shall be delivered to [TESLIMISIM] at the address designated by the Buyer:
[TESLIMADRES]
ARTICLE 5 – DELIVERY COSTS AND PERFORMANCE
Delivery costs shall be borne by the Seller.
Delivery shall be made as soon as possible after the ordered goods are available in stock and the payment has been credited to the Seller’s account.
The Seller undertakes to deliver the goods/services within 30 (thirty) days from the date of the order and reserves the right to extend this period by an additional 10 (ten) days, provided that the Buyer is notified in writing.
If, for any reason, the payment for the goods/services is not made or is cancelled in the bank records, the Seller shall be deemed released from the obligation to deliver the goods/services.
ARTICLE 6 – BUYER'S DECLARATIONS AND OBLIGATIONS
Before accepting delivery of the goods/services, the Buyer shall inspect them and shall not accept from the carrier any goods/services that are dented, damaged, broken, have torn packaging, or are otherwise defective.
Any goods/services accepted by the Buyer shall be deemed to have been received in good condition and without damage.
Following delivery, the Buyer shall be responsible for the proper protection and preservation of the goods/services.
The original invoice must be returned in case of return.
If, after delivery of the goods/services, the Buyer's credit card is unlawfully or fraudulently used by unauthorized persons without the Buyer's fault, and the relevant bank or financial institution therefore fails to pay the Seller for the goods/services, the Buyer shall, provided that the goods/services have already been delivered, return them to the Seller within 3 (three) days.
ARTICLE 7 – SELLER'S DECLARATIONS AND OBLIGATIONS
The Seller is responsible for delivering the goods/services in complete, undamaged condition, in compliance with the specifications stated in the order, together with any applicable warranty certificates and user manuals.
If the goods/services are to be delivered to a person or organization other than the Buyer, the Seller shall not be held responsible if such person or organization refuses to accept the delivery.
Upon receiving the Buyer's notice of withdrawal, the Seller shall refund the payment received, together with any negotiable instruments and documents creating debt obligations for the Buyer, within 10 (ten) days, without imposing any costs on the Buyer, and undertakes to collect the returned goods/services within 20 (twenty) days.
For justified reasons, the Seller may, before the expiry of the performance period, supply goods/services of equivalent quality and price.
If the Seller determines that the performance of the Agreement has become impossible, the Buyer shall be informed before the expiry of the delivery period. Any payments made and relevant documents shall be refunded within 10 (ten) days.
Defective or malfunctioning goods/services, whether covered by a warranty certificate or not, may be returned to the Seller for repair within the warranty conditions, in which case the shipping costs shall be borne by the Seller.
ARTICLE 8 – CHARACTERISTICS OF THE GOODS/SERVICES
The type, quantity, brand/model, color, and total sales price of the goods/services, including all applicable taxes, are specified on the product information page at www.kutusuzlar.com and in the invoice, which forms an integral part of this Agreement.
ARTICLE 9 – CASH SALE PRICE
The cash sale price of the goods/services is stated in the sample document sent to the Buyer by e-mail upon completion of the order and in the invoice delivered together with the product.
ARTICLE 10 – INSTALLMENT SALE PRICE
The installment sale price of the goods/services, determined according to the selected payment term, is stated in the sample document sent by e-mail upon completion of the order and in the invoice delivered together with the product.
ARTICLE 11 – INTEREST
The applicable interest rate shall be the rate determined annually by the Government of the Republic of Türkiye and shall in no event exceed 30%.
The Buyer shall be responsible to the issuing bank pursuant to the provisions of Article 13.
ARTICLE 12 – DOWN PAYMENT
The down payment amount, if applicable, is stated in the sample invoice sent after the order and in the invoice delivered together with the product.
ARTICLE 13 – PAYMENT PLAN
If the Buyer makes the purchase by credit card in installments, the installment option selected on the website shall apply.
The relevant provisions of the credit card agreement concluded between the Buyer and the card-issuing bank shall govern installment payments.
The payment dates for credit card installments shall be determined according to the agreement between the Buyer and the issuing bank.
The Buyer may also track the number of installments and payment schedule through the account statement provided by the bank.
ARTICLE 14 – RIGHT OF WITHDRAWAL
The Buyer may exercise the right of withdrawal within 7 (seven) days from the date on which the goods/services subject to this Agreement are delivered either to the Buyer or to the person/organization designated by the Buyer.
To exercise the right of withdrawal, the Buyer must notify the Seller within the same period using the telephone number, fax number, or e-mail address specified above. Furthermore, in accordance with the provisions of Article 15, the preliminary information published on www.kutusuzlar.com, which forms an integral part of this Agreement, and applicable regulations, if the depreciation of the goods or the impossibility of return is caused by the Buyer's fault, the Buyer shall be liable to compensate the Seller for the value of the goods or the decrease in their value.
If the right of withdrawal is exercised, the original invoice relating to the goods/services delivered to the Buyer or to a third party must be returned to the Seller.
The purchase price of the goods/services shall be refunded to the Buyer within 10 (ten) days following receipt of the withdrawal notice, and the returned goods/services shall be collected within 20 (twenty) days.
If the original invoice is not returned, VAT and any other legal charges cannot be refunded to the Buyer.
The shipping costs for goods/services returned under the right of withdrawal shall be borne by the Seller.
ARTICLE 15 – GOODS/SERVICES EXCLUDED FROM THE RIGHT OF WITHDRAWAL
The right of withdrawal cannot be exercised for goods/services that, by their nature, are not suitable for return, goods that deteriorate rapidly or have expired, single-use goods, and all software and computer programs that can be copied.
In addition, for software and computer programs, DVDs, DIVX discs, VCDs, CDs, MDs, video cassettes, computer and stationery consumables (such as toner, cartridges, ribbons, etc.), and cosmetic products, the right of withdrawal may only be exercised if the product packaging has not been opened, damaged, or used.
ARTICLE 16 – DEFAULT AND LEGAL CONSEQUENCES
If the Buyer defaults on payments made by credit card, the Buyer shall pay interest in accordance with the credit card agreement concluded with the issuing bank and shall be liable to the bank.
In such a case, the relevant bank may initiate legal proceedings and claim all related costs and attorney's fees from the Buyer.
Furthermore, if the Buyer defaults due to failure to fulfill payment obligations, the Buyer agrees to compensate the Seller for any losses and damages resulting from the delayed performance of the obligation.
ARTICLE 17 – EVIDENCE AGREEMENT AND COMPETENT COURT
In the resolution of any disputes arising out of or relating to this Agreement, the Seller's records, including electronic records such as computer data and voice recordings, shall constitute conclusive evidence.
For disputes arising under this Agreement, the Consumer Arbitration Committees shall have jurisdiction up to the monetary limits announced by the Ministry of Industry and Trade.
For disputes exceeding such limits, the Consumer Courts located in the place of residence of either the Buyer or the Seller shall have jurisdiction.
Where no Consumer Court exists, the Civil Courts of First Instance shall have jurisdiction.
SELLER:
KAATI AMBALAJ SAN. TİC. LTD. ŞTİ.
Çakmaklı Mah. Hadımköy Yolu Cad. No:57 Ufuk Plaza K:3, 15-C, Istanbul / Türkiye
Website: www.kutusuzlar.com
E-mail: [email protected]
BUYER:
Full Name: [ISIM]
Date: [TARIH]