Distance Sales Agreement
ARTICLE 1 – PARTIES
1.1 VENDOR
TITLE: STYLEMİZO E-COMMERCE SERVICES INDUSTRY AND TRADE ANNOUNCEMENT COMPANY
ADDRESS: ATAKÖY 7-8-9-10. KISIM MAH. ÇOBANÇEŞME E-5 YAN YOL CAD. A NO: 22 /1 İÇ KAPI NO: 198 BAKIRKÖY/ İSTANBUL
PHONE:
FAX :
EMAIL:
1.2. BUYER
NAME/SURNAME/TITLE :
ADDRESS:
PHONE:
EMAIL:
ARTICLE 2 – SUBJECT
The subject of this Agreement is the determination of the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection and Distance Agreements Regulation No. 6502 published in the Official Gazette on 27.11.2014 regarding the sale and delivery of the product/products specified in Article 3 of the code, name, quantity and sales price invoice, which the CUSTOMER ordered electronically from the website Kejewear.com .
ARTICLE 3 – DESCRIPTION OF THE ISSUES RELATED TO THE PRODUCT, PAYMENT AND DELIVERY OF THE CONTRACTUAL SUBJECT
3.1 PRODUCTS
The main features of goods or services are located at Kejewear.com .The sales price listed about the products and announced on the site. Advertised prices and campaigns will remain valid until they are updated and changed. The prices announced on a period of time will be valid until the end of the specified period. All taxes of the goods or services subject to the contract are included in the sales price and published on the site.
3.2 DELIVERY SHAPE AND PLAN
Delivery Address :
Person to Deliver :
Invoice Information :
After the ordered products or products are supplied by Keje, shipment will begin within 3-5 working days according to the category. For all orders made on the website, shipping is free and the shipping fee will be paid by the SELLER.
3.3 LATE RATE
The products received will be paid for in advance or by credit card. Therefore, no late interest is applied by the SELLER.
ARTICLE 4 – GENERAL PROVISIONS
4.1. Kejewear.com. website declares that the basic qualities of the product in question, the sales price and form of payment including all taxes, and the delivery and its costs will be covered by the BUYER, the time of delivery and the full trade title, open address and contact information of the SELLER are read and accurately and fully informed and provide the necessary confirmation electronically.
4.2. The product or service subject to the contract shall be delivered to the BUYER or the person/organization at the address he/she indicates within the period described in the preliminary information on the website, depending on the distance of the BUYER’s settlement for each product, provided that it does not exceed the legal 30-day period. Any shipping fees for the delivery shown in Article 3 will be covered by the SELLER and will not be reflected in the buyer’s invoice for the order under the name of “Shipping Fee” and are included in the product price.
4.3. If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER shall not be held responsible for the refusal of the person/organization to be delivered.
4.4. The SELLER cannot be held responsible for any problems that the cargo company will encounter during the delivery of the product to the BUYER, due to the inability of the ordered product to be delivered to the BUYER. Even if it is not present at the buyer’s address at the time of delivery, the SELLER will be deemed to have fulfilled its full and complete operation. Therefore, the BUYER will bear any damages arising from the buyer’s late delivery of the product and the expenses incurred due to the fact that the product has been waiting at the cargo company and/or the return of the cargo to the SELLER.
4.5. If the payment for the contracted service(s) is made by the BUYER by credit card, any legal risk, including the unfair and unlawful use of the credit card by unauthorized persons, which may result from the differentness of the BUYER and the credit card holder or the person to whom the service will be offered, belongs to the BUYER. The BUYER acknowledges and undertakes that it will not make any claims to the SELLER in the event of any loss in the cases mentioned.
4.6. If repairs are requested about the product, the periods specified in the Consumer Law and related regulations shall be applied.
4.7. The SELLER may supply the BUYER with a different product of equal quality and price before the expiry of the contractual performance obligation, provided that it is based on a just cause.
4.8. If the SELLER cannot deliver the contracted product within the period due to force majeure or weather opposition that prevents transportation, such as interruption of transportation, it is obliged to inform the BUYER of the situation. In this case, the BUYER may use one of the rights to cancel the order, replace the contracted product with its precedent if any, and/or postpone the delivery time until the blocking situation disappears. If the BUYER cancels the order, the amount paid will be refunded within 10 days according to the form of payment on the order.
4.9. The delivery of a collected order reserves the right for end users to change the intermediary carrier without providing any information, unless there is a temporary glitch.
4.10. If the bank or financial institution concerned does not pay the product price to the SELLER due to the unfair or unlawful use of the buyer’s credit card, debit card and/or other payment systems offered on the Website by unauthorized persons due to the defect of the BUYER, it is mandatory to send the product to the SELLER within 3 (Three) days provided that the BUYER has been delivered to him/ her. In this case, the transportation costs belong to the BUYER.
4.11. After the package is received, it is deemed that the delivery company has done its duty properly. Therefore, packages found to be damaged during delivery should not be accepted and the report should be kept.
ARTICLE 5 PAYMENT RETURN PROCEDURE
5.1. In cases where the BUYER exercised his right of withdrawal or where the product subject to the order could not be supplied for various reasons or where it was decided to refund the buyer by the decisions of the arbitral tribunal, the entire amount collected by the SELLER shall be refunded to the relevant bank within 14 (Fourteen) days after the order is canceled by the BUYER. The number of installments received by the Bank is made to the BUYER credit cards in the same installment. The reflection of this amount on the BUYER’s accounts after the return to the bank is entirely related to the process of the banks, and it is not possible for the SELLER to intervene in any way regarding this issue.
5.2. Products that are requested for return or change should be placed in a separate package/ parcel and sent back so that they are not damaged in the cargo. Refunds or replacements will not be possible as damage to the original boxes of the products and the labels such as cargo affixed to them impair the authenticity and therefore resoldability of the products.
ARTICLE 6 – RIGHT OF WITHDRAWAL
6.1. The consumer; In distant contracts related to the sale of goods, it has the right to withdraw from the contract by rejecting the goods without taking any legal and criminal responsibility within 14 days from the date of receipt and without any justification. However, some products on sale on our website are sewn to order and refunds are not accepted in these dresses. This statement is clearly stated in the detail pages of the relevant products. In distance contracts for service delivery, this period begins on the date of signing of the contract. If the contract specifies that the performance of the service must be performed before the 14-day period expires, the Customer may exercise the right of withdrawal until the date of the performance. The costs arising from the exercise of the right of withdrawal belong to the SELLER if the product is shipped with the Cargo company to which the SELLER is contracted.
6.2. In order to exercise the right of withdrawal, the SELLER shall be entitled to the 1st Edition of this Agreement within a 14-day period. It is necessary to be notified by fax, telephone or e-mail specified in article and the product must not be used in accordance with the provisions of the distance sales contract. 6. Within the scope of the right of withdrawal, the product is included in the distance sales contract. It must not have been used within the framework of the provisions of the Article. If the return product is returned with the cargo company to which the SELLER is contracted, the return shipment costs will be covered by the SELLER.
6.3. The boxes of the products to be returned within the 14-day period must be delivered in full and undamaged with the packaging. Within 14 days of these documents reaching the Seller, the product price is returned to the Customer.
6.4. If this right is exercised, the return of the original invoice with the sample of the cargo delivery report that the product delivered to the 3rd person or buyer is sent to the SELLER is mandatory. Vat and other legal obligations, if any, cannot be refunded if the original invoice is not sent.
ARTICLE 7 – PRODUCTS THAT CANNOT BE USED FOR WITHDRAWAL
Unless otherwise agreed by the parties, the consumer may not exercise the right of withdrawal in the following agreements,
a) Contracts for goods or services whose price varies due to fluctuations in financial markets and are not under the control of the seller or provider,
b) Contracts for goods prepared in accordance with the wishes or personal needs of the consumer.
c) Contracts for the delivery of goods that may deteriorate quickly or may expire.
ç) From goods whose protective elements such as packaging, tape, seals and packages have been opened after delivery; contracts for the delivery of those whose return is not suitable for health and hygiene.
d) Contracts for goods that are mixed with other products after delivery and cannot be separated by nature.
e) Contracts for books, digital contents and computer consumables offered in a material environment if protective elements such as packaging, tape, seals and packages are opened after the delivery of the goods.
f) Contracts for the delivery of periodicals such as newspapers and magazines, except those provided under the subscription agreement.
g) Contracts for accommodation, goods transportation, car rental, food and beverage supply and leisure time for entertainment or recreation purposes, which must be made on a specific date or period.
ğ) Services performed instantly electronically or contracts for intangible goods delivered instantly to the consumer.
h) Contracts for services that have been started with the approval of the consumer before the expiration of the right of withdrawal
ARTICLE 8 – COMPETENT COURT
Turkish Law applies in disputes arising from the implementation of this Agreement and the Istanbul (Central) Courts and Executive Directorates are authorized.
This Agreement has been read, accepted and confirmed by the parties electronically. In matters not regulated in this Agreement, the provisions of the Law no. 6502 on Consumer Protection and related legislation shall be applied. In the event of an order, the BUYER shall be deemed to have accepted all the terms of this agreement.
SELLER : STYLEMİZO E-COMMERCE SERVICES INDUSTRY AND TRADE ANNOUNCEMENT COMPANY