Sales Agreement
SALES AGREEMENT
This Agreement is for the sale of the following products / services ("Product / Products") that the BUYER (Consumer) wants to buy by placing an order on the "buykanat.com" electronic commerce website ("INTERNET SITE") belonging to the SELLER. regulates the rights and obligations of the parties regarding delivery and other matters. After the BUYER approves this Agreement on the INTERNET SITE, the price and expenses of the Product (s) ordered by the BUYER are collected by the payment method chosen.
ARTICLE 1- PARTIES
• This Agreement has been signed between the following parties within the framework of the terms and conditions stated below.
1.1- SELLER:
• 'SELLER'; (hereinafter referred to as "SELLER" in the contract)
Title: Kanat Dış Ticaret Danışmanlık SAN VE TİC LTD.ŞTİ
Address: Mahmutbey Mahallesi İstoç Ticaret Merkezi 7.ada No: 92 Bağcılar / İSTANBUL
Phone: 08502556868
E-Mail: buykanat@kanat.com
1.2 BUYER:
• BUYER (CONSUMER) '; (hereinafter referred to as "BUYER" in the contract)
In the implementation and interpretation of this contract, the terms written below will refer to the written explanations.
ARTICLE 2. DEFINITIONS
SERVICE: The subject of all kinds of consumer transactions other than providing goods that are made or committed to be made in return for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf or account of the goods,
BUYER: Real or legal person who acquires, uses or makes use of a good or service for commercial or non-professional purposes,
INTERNET SITE: SELLER's internet (web) site,
ORDERING PARTY: A real or legal person requesting a good or service through the website of the SELLER,
PARTIES: SELLER and BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS / PRODUCTS: It refers to movable goods subject to shopping and software, sound, image and similar intangible goods prepared for use in electronic environment.
ARTICLE 3- SUBJECT
3.1. In the event that the BUYER is a consumer, the SELLER's INTERNET SITE has been ordered electronically through the SELLER's INTERNET SITE for the sale and delivery of the product whose qualifications and sales price are specified below, in accordance with the provisions of the Law on the Protection of the Consumer and the Regulation on Distance Contracts and regulates its obligations.
3.2. If the BUYER is a merchant or in collective purchases, general provisions will be applied between the parties in accordance with the relevant articles of the TCC and TCC, and the rules arising from the provisions of the Law on the Protection of the Consumer and the Regulation on Distance Contracts will not be applied in favor of the BUYER. If the BUYER is a merchant or in collective purchases, the BUYER TBK accepts, declares and undertakes the provisions to be applied in case of being a merchant in this contract.
3.3. The prices listed and announced on the site are the sales price. The announced prices are valid until updated and changed. The prices announced periodically are valid until the end of the specified period.
ARTICLE 4- CONTRACT SUBJECT PRODUCT
Type and type of the products, Amount, Brand / Model, Color, Sales Price are as stated above.
The type and type of the products, the amount, the brand / model, the color, the sale price are as stated above, and this information is also approved by the BUYER.
Payment (Collection) Information
Payment Method-Tool: (Credit Card / Cash Payment)
[Card Type: Visa / mastercard ....
Card number : ....
Payment Credit Card: ...
Credit Card: Installment / Single Payment.
Total amount : ... ]
In the section above, there is information about how many installments the order total to be sent to your bank will be paid. By organizing campaigns, your bank can apply more installments than the number of installments you choose, and services such as installment postponement can be offered. Such campaigns are at the initiative of your bank and if it is within the knowledge of our company, information about the campaigns is provided on our pages.
Delivery costs belong to the Buyer. If the seller declares on the website that the delivery fee of the shoppers above the announced amount will be covered by him or he will make free delivery within the campaign, the delivery cost belongs to the seller.
Delivery; It is done as soon as possible after the stock is available and the cost of the goods is transferred to the seller's account. The seller delivers the goods / services within 30 (thirty) days from the order of the goods / service and reserves the right to extend the additional 10 (ten) days by written notice within this period. If the price of the goods / services is not paid or canceled in the bank records for any reason, the seller is deemed to be free from the obligation to deliver the goods / services.
ARTICLE 5- GENERAL PROVISIONS
5.1. This contract is made between the SELLER and the BUYER. If the BUYER is a consumer, the provisions of this contract regulated in accordance with the Law on Consumer Protection No.6502 and the Regulation on Distance Contracts shall apply.
5.2. If the BUYER is a merchant or in collective purchases, the TBK, TCC and the provisions of this contract to apply to merchants will apply. If the BUYER is a merchant or in collective purchases, he agrees and declares that the provisions arranged in favor of the consumer in this contract will not be applied to him.
5.3. People under the age of 18 cannot make purchases from the SELLER if they lack the ability to distinguish or limited adults. The SELLER has no responsibility due to attempts to establish a distance sales contract by people under the age of 18 and those with limited power to distinguish it from the website.
5.4. The BUYER acknowledges that the BUYER is informed by seeing and examining all the general-specific explanations in the relevant pages-sections of the INTERNET SITE before the BUYER is established with the acceptance of this Agreement on the INTERNET SITE and is under the obligation of both order and payment.
• SELLER's title and contact information and up-to-date introductory information,
• The stages of the sales process during the purchase of the product (s) from the INTERNET SITE and the appropriate tools-methods for correcting the wrongly entered information,
• Electronic contact information from the Vocational Chamber (ITO-Istanbul Chamber of Commerce) to which the SELLER is a member and ITO's code of conduct regarding the profession (Phone: 4440486, www.ito.org.tr)
• Confidentiality applicable to the BUYER information applied by the SELLER, data usage-processing and electronic communication rules to the BUYER and the permissions granted by the BUYER to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER and the procedures for using the rights of the parties,
• Shipping restrictions stipulated by the SELLER for products,
• The payment methods-means accepted by the SELLER for the Product (s) subject to the contract, and the basic features-attributes of the Products, the total price including taxes (the total price to be paid by the BUYER to the SELLER including the related expenses),
• Information about the procedures for the delivery of the products to the BUYER and the shipping-delivery-shipping costs,
• Other payment / collection and delivery information about the products and information regarding the execution of the Contract, the commitments and responsibilities of the parties in these matters,
Products and other goods and services that the BUYER does not have the right of withdrawal,
• In cases where the BUYER has the right of withdrawal, the BUYER will lose the right of withdrawal in case the right is not used in time with the conditions, duration and procedure of using this right,
• In the Products with the right of withdrawal, if the product is damaged or changed due to the use in accordance with the instructions, ordinary functioning or technical specifications within the period of withdrawal, the BUYER's withdrawal request may not be accepted and the SELLER will be liable to the SELLER in any case. in cases where he / she may collect an amount that he / she deems appropriate according to the aforementioned defect or change, by deduction from the refund to the BUYER,
• How to return the Products to the SELLER in cases where there is a right of withdrawal and all relevant financial issues (including return ways, cost and return of the Product price and discounts and offsets that can be made for the reward points earned / used by the BUYER during the return),
• If the BUYER is a legal person, it will not be able to use "consumer rights", especially the right of withdrawal, for the Products purchased for commercial or professional purposes (for example, bulk purchases are regarded as such),
• According to its nature, all other terms of sale included in this Contract and since this Contract has been approved by the BUYER on the INTERNET SITE and sent to the BUYER via e-mail, it can be stored and accessed by the BUYER for a period of three years. that he can keep before
• In case of dispute, the BUYER may submit its complaints to the SELLER and make legal applications to District / Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.
5.5. Each product subject to the contract is delivered to the person and / or organization at the address indicated by the BUYER or BUYER, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
5.6. In case the BUYER is a merchant or in bulk purchases, the parties may also decide on a delivery time. In this case, the merchant BUYER also accepts and declares to receive the products within the agreed time.
5.7. However, for the pre-order product (s), this legal period of 30 days will start after the sale date announced on the sales page of the relevant product, and there may be delays due to the supplier company on this sales date. In this case, the SELLER will inform the BUYER in writing beforehand. In this case, the BUYER may use one of the rights to cancel the order or to deliver the product (s) subject to the order by waiting for the delivery time. If the BUYER cancels the order, the amount paid will be returned to him within 14 (fourteen) days.
5.8. If the product (s) subject to the distant sales contract is to be delivered to another person / organization other than the BUYER, the SELLER cannot be held responsible for the refusal of the delivery by the person / organization to be delivered.
5.9. The SELLER accepts, declares and undertakes to perform the contractual product in full, in accordance with the qualifications specified in the order and in accordance with the requirements of the legal legislation, in accordance with the requirements of the legal legislation, in accordance with the principles of integrity and honesty, and to show the necessary attention and care during the performance of the work.
5.10. The SELLER may fulfill the contractual performance obligation by supplying a different product of equal quality and price by informing the BUYER and obtaining its approval before it expires.
5.11. For the delivery of the product (s) subject to the distance sales contract, this distance sales contract must be confirmed electronically and the price of the product (s) must be paid in the form of payment preferred by the BUYER. If, for any reason, the product price is not paid or is canceled in the bank records, the SELLER is deemed to be free from the obligation to deliver the product.
5.12. In the event that the payment for the product (s) subject to the distance sales contract is made by "depositing" to the account from any ATM device or branch of the Bank, the product price shall be returned to the BUYER within the framework of the conditions specified in this contract. It accepts and undertakes that the SELLER consents to send the IBAN number of a bank account correctly and completely to the e-mail address of buykanat@kanat.com and the SELLER to return to the IBAN number. Unless the account information is notified by the BUYER, the SELLER will not go into default and the SELLER's liability arising from default cannot be taken.
5.13. The SELLER accepts, declares and undertakes that it will notify the BUYER if it cannot deliver the product subject to the contract within due time due to force majeure and legal and administrative regulations, such as the occurrence of unforeseen and unpredictable situations that prevent the parties from fulfilling their debts. The BUYER is also entitled to demand from the SELLER 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. In the event that the order is canceled by the BUYER, the amount of the product will be returned to the BUYER within 14 days in cash payments. For the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. BUYER, the average process of reflecting the amount returned to the credit card by the SELLER to the BUYER account by the bank may take 2 to 3 weeks, since the reflection of this amount to the accounts of the BUYER after the return to the bank is entirely related to the bank transaction process, the BUYER shall inform the SELLER for possible delays. It accepts, declares and undertakes that it cannot be held responsible. The SELLER's offsetting rights arising from this Agreement and the law or arising from the use are reserved for the amount to be returned. If the BUYER is a merchant or in collective purchases, failure to deliver the product subject to the contract within due time due to force majeure and legal and administrative regulations does not give the BUYER the right to withdraw from the contract. In case the BUYER is a merchant or in collective purchases, the right to withdraw from the contract can be used in accordance with the general provisions regulated in the TBK and TCC.
5.14. The establishment of this agreement with the delivery address, but BUYER with Turkey will be able to show the geographical boundaries. BUYER Turkey as a place to show case the delivery address is outside the geographical boundaries, this contract is not established, the seller accepted by the Purchaser on this issue will not bear any responsibility, declare and be committed.
5.15. The SELLER's address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or later updated by the SELLER, by letter, e-mail, SMS, phone call and other means of communication, marketing, has the right to reach the BUYER for notification and other purposes. By accepting this contract, the BUYER acknowledges and agrees that the SELLER may engage in the above mentioned communication activities.
5.16. The SELLER may use the right of termination and withdrawal from the contract arising from the law and this contract by notifying the e-mail (mail) address notified by the BUYER. The BUYER acknowledges, declares and undertakes that the declaration of will related to this will be sent by the SELLER to the e-mail address of the BUYER and that this declaration of will will result in terms and consequences.
5.17. The BUYER will inspect the contractual goods / service before receiving it; crushed, broken, torn packaging, etc. will not receive the damaged and defective goods / services from the cargo company and will have this issue determined with the damage assessment report to be issued together with the cargo officer. If the cargo officer does not have a damage assessment report issued, the BUYER will not be able to claim damages and defects about the goods subject to the contract, and the delivered goods / service will be deemed undamaged and intact. Careful protection of the goods / services after delivery belongs to the BUYER. If the right of withdrawal will be used, the goods / services should not be used. The invoice must be returned.
5.18. If the BUYER is a merchant or if the goods are defective in collective purchases, it accepts and declares that the provisions regarding defects will be applied in accordance with the general provisions of the TCC and TCC. The merchant BUYER will inspect the contractual goods / service before delivery; crushed, broken, torn packaging, etc. will not receive the damaged and defective goods / services from the cargo company and will have this issue determined with the damage assessment report to be prepared with the cargo officer. If the cargo officer does not have a damage assessment report issued, the BUYER will not be able to claim damages and defects about the goods subject to the contract, and the delivered goods / service will be deemed undamaged and intact.
5.19. If the credit card holder used during the order is not the same person, or if a security deficit is detected in the credit card used in the order before the product is delivered to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder, the credit card used in the order, the previous month's statement. or request from the BUYER to submit a letter from the cardholder's bank stating that the credit card belongs to him and all necessary information and documents. The order will be frozen until the BUYER provides the information / documents subject to the request, and if the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order. In this case, the BUYER will not be able to claim any rights and receivables from the SELLER.
5.20. If there is an application of reward points in the sale made, as a valid general rule, in cases where unfair reward points gain or use is determined by the BUYER, the monetary value-amount of the aforementioned reward points is determined by the SELLER from the BUYER (credit card, cash and other legal methods. with). This provision is also valid for the price of goods given as a gift to the BUYER by the SELLER as a result of the application of such a system.
5.21. The BUYER declares and undertakes that the personal and other information given to the website of the SELLER are in accordance with the truth, and that the SELLER will compensate all damages that the SELLER may incur due to the falsehood of this information, immediately, in cash and at once upon the first notification of the SELLER.
5.22. The BUYER accepts and undertakes to comply with the provisions of the legal regulations and not to violate them while using the website of the SELLER. Otherwise, all legal and penal obligations that may arise will belong entirely and exclusively to the BUYER.
5.23. The BUYER may not use the SELLER's website in a way that disrupts public order, violates general morality, disturbs and harasses others, for an illegal purpose, infringing on the material and moral rights of others. In addition, the BUYER cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
5.24. The registration rights of the registered product / products purchased by the BUYER; The BUYER accepts and declares that it is responsible for the infringements that will occur due to the illegal acts caused by the BUYER, such as copying, reproducing the registered product and damaging the rights arising from the registration for all other reasons. The BUYER reserves the right to claim all kinds of compensation and other claims arising from unauthorized use of the aforementioned registered products against the SELLER.
5.25. Via the website of the SELLER, links may be provided to other websites and / or other content that are not under the control of the SELLER and / or owned and / or operated by other third parties. These links are provided for ease of orientation to the BUYER and do not support any website or the person operating the site, and the SELLER has no responsibility for the information contained in the linked website.
5.26. The BUYER who violates one or more of the articles listed in this contract will be personally and criminally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. Also; The SELLER reserves the right to demand compensation from the BUYER if the incident is referred to the legal field due to this violation.
5.27. If the BUYER goes into default for any reason during the payment; The BUYER accepts, declares and undertakes that he will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.
ARTICLE 6- RIGHT OF WITHDRAWAL
6.1. In order to use the right of withdrawal in accordance with the provisions of this contract, the BUYER must be a consumer. The BUYER can only use the right of withdrawal arising from the provisions of the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts under these conditions. In the event that the BUYER is a merchant or in collective purchases, the right to withdraw from the contract can be used by the BUYER in accordance with the general provisions regulated in the TBK and TCC. In the event that the BUYER is a merchant or in collective purchases, the SELLER reserves the right to withdraw from a unilateral contract in accordance with the general provisions set out in the TBK and TCC.
6.2. If the BUYER is a consumer; In case the distance contract is related to the sale of goods, the product can use the right of withdrawal from the contract by refusing the product without any legal and criminal liability and without any justification, provided that the SELLER is notified within 14 (fourteen) days from the date of delivery to the person / organization at the address indicated. In distant contracts for service provision, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised if the service is initiated with the approval of the consumer before the right of withdrawal expires. The costs arising from the use of the right of withdrawal belong to the SELLER. The BUYER accepts in advance that he has been informed about the right of withdrawal by accepting this contract.
6.3. If the BUYER is a consumer; In order to exercise the right of withdrawal, a written notification must be made to the SELLER by registered mail, fax or e-mail within a period of 14 (fourteen) days and the product must not be used in accordance with the provisions of "Products for which the Right of Withdrawal cannot be exercised" set forth in this contract. If this right is used;
ARTICLE 7- PRODUCTS THAT CANNOT BE USED OF WITHDRAWAL
In the event that the BUYER is a consumer, even if not used, underwear and all derivatives, disposable products, deformed products, destroyed products, which are prepared in line with the BUYER's request or personal needs and which are not available for return, depending on the fluctuations in the financial markets. The goods or services that have changed and are not under the control of the seller or the supplier, products that are not suitable for health and hygiene if the package is opened by the BUYER after the PURCHASER is delivered to the BUYER, the products that are mixed with other products after delivery and which cannot be separated due to their nature, have been opened by the BUYER. It is not possible to return the delivered goods in accordance with the Regulation on Distance Contracts. In addition, before the expiry of the right of withdrawal, it is not possible to use the right of withdrawal regarding the services started with the approval of the consumer, in accordance with the Regulation on Distance Contracts. Personal use items, underwear items, etc. In order for the products to be returned, their packaging must be unopened, untested, undamaged and unused. Again, it is not possible to use the right of withdrawal in cases where the BUYER purchases for commercial / professional purposes with other goods-services that are generally accepted outside the scope of distance sales in accordance with the relevant legislation.
ARTICLE 8- RULES ON SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL RIGHTS
8.1. In the INTERNET SITE, the privacy rules-policy and conditions, the current principles of which are set forth below, are valid for the protection, confidentiality, processing-use and communications and other issues.
8.2. The necessary precautions for the security of the information and transactions entered by the BUYER on the INTERNET SITE are taken within the system infrastructure of the SELLER, within the scope of the current technical possibilities according to the nature of the information and transaction. However, since the information in question is entered from the BUYER device, it is the responsibility of the BUYER to take the necessary measures, including those related to viruses and similar harmful applications, in order to protect them from the BUYER and not to be accessed by unrelated persons.
8.3. Providing various products / services by the SELLER, current and future affiliates, affiliates, partners, successors and / or third parties / organizations to be determined by them, and all kinds of information, advertisement-promotion, For electronic and other commercial-social communications to be made for promotional, sales, marketing, store card, credit card and membership applications, it can be recorded indefinitely or for a period to be foreseen by those and their successors, can be stored in printed / magnetic archives, updated and shared when necessary can be transferred, transferred, used and processed in other ways. These data can also be transmitted to the relevant Authorities and Courts when required by law. The BUYER consents and gives permission for the use, sharing, processing and the making of non-commercial and non-commercial electronic communications and other communications, in accordance with the legislation on the protection of personal data and electronic commerce legislation, of its existing and new information.
8.4. The BUYER can always stop data usage-processing and / or communications by reaching the SELLER through the specified communication channels. According to the BUYER's explicit notification on this matter, personal data transactions and / or communications of its party are suspended within the legal maximum period; In addition, if he wishes, his information other than legally required and / or possible will be deleted from the data recording system or made anonymous in an anonymous way. If the BUYER wishes, the transactions related to the processing of personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect information, notification of the corrected information to the relevant third parties, deletion or destruction of the data, objection to the occurrence of a result against him by automatic systems, the data is against the law You can always apply to the SELLER through the above communication channels and get information on issues such as compensation in case of damage due to processing. Applications and requests regarding these issues will be fulfilled within the legal maximum periods or may not be accepted by explaining the legal justification to the party.
8.5. Regarding all kinds of information and content of the INTERNET SITE and their arrangement, revision and partial / complete 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.
8.6. The SELLER reserves the right to make any changes it may deem necessary in the above matters; These changes are valid from the moment they are announced by the SELLER on the INTERNET SITE or through other appropriate methods.
8.7. The privacy-security policies and terms of use apply to other sites accessed through the INTERNET SITE, and the SELLER is not responsible for any disputes and negative consequences that may arise.
ARTICLE 9- LEGAL APPLICATION AND AUTHORITY
9.1. In the cases not regulated in this distance sales contract, if the BUYER is a consumer, the provisions of the Law on Consumer Protection No.6502 and the relevant legislation provisions, if the BUYER is a merchant or in bulk purchases, the relevant provisions of the TCC and TCC are applied between the parties.
9.2. Complaints and objections in disputes arising from this contract will be made to the arbitration committee or consumer court within the monetary limits determined and announced every year by the Ministry of Customs and Trade in the event that the BUYER is a consumer, where the consumer is located or where the consumer transaction is made.
9.3. Istanbul (BAKIRKÖY) Execution Offices and Courts are exclusively authorized in disputes arising from this contract, even though the BUYER is a merchant for commercial purposes.
9.4. This distance sales contract has been read, accepted and confirmed electronically by the parties.
ARTICLE 10- NOTIFICATIONS and EVIDENCE AGREEMENT
All kinds of correspondence between the Parties under this Contract will be made via e-mail, except for the obligatory cases listed in the legislation. PURCHASER, in the case of disputes arising from this CONTRACT, the SELLER's official books and commercial records, electronic information and computer records kept in its database and servers will constitute binding, final and exclusive evidence, as evidence in the sense of Article 193 of the Code of Civil Procedure of this article. accepts, declares and undertakes that it has the nature of an agreement.
ARTICLE 11- ENFORCEMENT
11.1. The BUYER has read all the conditions and explanations written on the Site in this CONTRACT consisting of 11 (eleven) articles and the order-contract preliminary information that constitutes its integral part, the basic features-qualities of the Product / Products subject to sale, sales price, payment method, delivery conditions All other preliminary information about the SELLER and the Product subject to sale, the right of withdrawal and personal information-electronic communication conditions, including all matters written in this Agreement, that they have seen all of them electronically on the Site and that all these are confirmed-confirmation- By giving acceptance-permission, it accepts and declares that it accepts the provisions of this Agreement with the order.
11.2. Both the aforementioned preliminary notifications and this CONTRACT are sent to the above e-mail (mail) address notified by the BUYER to the SELLER, and the confirmation of the receipt of the order is also included with the order summary in the said e-mail.
11.3. The preliminary information text is a part of this contract and is ahead of the contract. By the BUYER, by clicking the check box in distance sales over the internet, by sending the statement that he has read and accepted the preliminary information forum sent to the e-mail address declared by him in distance sales via telephone, the preliminary information was read before the sales contract was established and the sales contract following this text became valid between the parties. accepted by the parties.
This Agreement is for the sale of the following products / services ("Product / Products") that the BUYER (Consumer) wants to buy by placing an order on the "buykanat.com" electronic commerce website ("INTERNET SITE") belonging to the SELLER. regulates the rights and obligations of the parties regarding delivery and other matters. After the BUYER approves this Agreement on the INTERNET SITE, the price and expenses of the Product (s) ordered by the BUYER are collected by the payment method chosen.
ARTICLE 1- PARTIES
• This Agreement has been signed between the following parties within the framework of the terms and conditions stated below.
1.1- SELLER:
• 'SELLER'; (hereinafter referred to as "SELLER" in the contract)
Title: Kanat Dış Ticaret Danışmanlık SAN VE TİC LTD.ŞTİ
Address: Mahmutbey Mahallesi İstoç Ticaret Merkezi 7.ada No: 92 Bağcılar / İSTANBUL
Phone: 08502556868
E-Mail: buykanat@kanat.com
1.2 BUYER:
• BUYER (CONSUMER) '; (hereinafter referred to as "BUYER" in the contract)
In the implementation and interpretation of this contract, the terms written below will refer to the written explanations.
ARTICLE 2. DEFINITIONS
SERVICE: The subject of all kinds of consumer transactions other than providing goods that are made or committed to be made in return for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf or account of the goods,
BUYER: Real or legal person who acquires, uses or makes use of a good or service for commercial or non-professional purposes,
INTERNET SITE: SELLER's internet (web) site,
ORDERING PARTY: A real or legal person requesting a good or service through the website of the SELLER,
PARTIES: SELLER and BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS / PRODUCTS: It refers to movable goods subject to shopping and software, sound, image and similar intangible goods prepared for use in electronic environment.
ARTICLE 3- SUBJECT
3.1. In the event that the BUYER is a consumer, the SELLER's INTERNET SITE has been ordered electronically through the SELLER's INTERNET SITE for the sale and delivery of the product whose qualifications and sales price are specified below, in accordance with the provisions of the Law on the Protection of the Consumer and the Regulation on Distance Contracts and regulates its obligations.
3.2. If the BUYER is a merchant or in collective purchases, general provisions will be applied between the parties in accordance with the relevant articles of the TCC and TCC, and the rules arising from the provisions of the Law on the Protection of the Consumer and the Regulation on Distance Contracts will not be applied in favor of the BUYER. If the BUYER is a merchant or in collective purchases, the BUYER TBK accepts, declares and undertakes the provisions to be applied in case of being a merchant in this contract.
3.3. The prices listed and announced on the site are the sales price. The announced prices are valid until updated and changed. The prices announced periodically are valid until the end of the specified period.
ARTICLE 4- CONTRACT SUBJECT PRODUCT
Type and type of the products, Amount, Brand / Model, Color, Sales Price are as stated above.
The type and type of the products, the amount, the brand / model, the color, the sale price are as stated above, and this information is also approved by the BUYER.
Payment (Collection) Information
Payment Method-Tool: (Credit Card / Cash Payment)
[Card Type: Visa / mastercard ....
Card number : ....
Payment Credit Card: ...
Credit Card: Installment / Single Payment.
Total amount : ... ]
In the section above, there is information about how many installments the order total to be sent to your bank will be paid. By organizing campaigns, your bank can apply more installments than the number of installments you choose, and services such as installment postponement can be offered. Such campaigns are at the initiative of your bank and if it is within the knowledge of our company, information about the campaigns is provided on our pages.
Delivery costs belong to the Buyer. If the seller declares on the website that the delivery fee of the shoppers above the announced amount will be covered by him or he will make free delivery within the campaign, the delivery cost belongs to the seller.
Delivery; It is done as soon as possible after the stock is available and the cost of the goods is transferred to the seller's account. The seller delivers the goods / services within 30 (thirty) days from the order of the goods / service and reserves the right to extend the additional 10 (ten) days by written notice within this period. If the price of the goods / services is not paid or canceled in the bank records for any reason, the seller is deemed to be free from the obligation to deliver the goods / services.
ARTICLE 5- GENERAL PROVISIONS
5.1. This contract is made between the SELLER and the BUYER. If the BUYER is a consumer, the provisions of this contract regulated in accordance with the Law on Consumer Protection No.6502 and the Regulation on Distance Contracts shall apply.
5.2. If the BUYER is a merchant or in collective purchases, the TBK, TCC and the provisions of this contract to apply to merchants will apply. If the BUYER is a merchant or in collective purchases, he agrees and declares that the provisions arranged in favor of the consumer in this contract will not be applied to him.
5.3. People under the age of 18 cannot make purchases from the SELLER if they lack the ability to distinguish or limited adults. The SELLER has no responsibility due to attempts to establish a distance sales contract by people under the age of 18 and those with limited power to distinguish it from the website.
5.4. The BUYER acknowledges that the BUYER is informed by seeing and examining all the general-specific explanations in the relevant pages-sections of the INTERNET SITE before the BUYER is established with the acceptance of this Agreement on the INTERNET SITE and is under the obligation of both order and payment.
• SELLER's title and contact information and up-to-date introductory information,
• The stages of the sales process during the purchase of the product (s) from the INTERNET SITE and the appropriate tools-methods for correcting the wrongly entered information,
• Electronic contact information from the Vocational Chamber (ITO-Istanbul Chamber of Commerce) to which the SELLER is a member and ITO's code of conduct regarding the profession (Phone: 4440486, www.ito.org.tr)
• Confidentiality applicable to the BUYER information applied by the SELLER, data usage-processing and electronic communication rules to the BUYER and the permissions granted by the BUYER to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER and the procedures for using the rights of the parties,
• Shipping restrictions stipulated by the SELLER for products,
• The payment methods-means accepted by the SELLER for the Product (s) subject to the contract, and the basic features-attributes of the Products, the total price including taxes (the total price to be paid by the BUYER to the SELLER including the related expenses),
• Information about the procedures for the delivery of the products to the BUYER and the shipping-delivery-shipping costs,
• Other payment / collection and delivery information about the products and information regarding the execution of the Contract, the commitments and responsibilities of the parties in these matters,
Products and other goods and services that the BUYER does not have the right of withdrawal,
• In cases where the BUYER has the right of withdrawal, the BUYER will lose the right of withdrawal in case the right is not used in time with the conditions, duration and procedure of using this right,
• In the Products with the right of withdrawal, if the product is damaged or changed due to the use in accordance with the instructions, ordinary functioning or technical specifications within the period of withdrawal, the BUYER's withdrawal request may not be accepted and the SELLER will be liable to the SELLER in any case. in cases where he / she may collect an amount that he / she deems appropriate according to the aforementioned defect or change, by deduction from the refund to the BUYER,
• How to return the Products to the SELLER in cases where there is a right of withdrawal and all relevant financial issues (including return ways, cost and return of the Product price and discounts and offsets that can be made for the reward points earned / used by the BUYER during the return),
• If the BUYER is a legal person, it will not be able to use "consumer rights", especially the right of withdrawal, for the Products purchased for commercial or professional purposes (for example, bulk purchases are regarded as such),
• According to its nature, all other terms of sale included in this Contract and since this Contract has been approved by the BUYER on the INTERNET SITE and sent to the BUYER via e-mail, it can be stored and accessed by the BUYER for a period of three years. that he can keep before
• In case of dispute, the BUYER may submit its complaints to the SELLER and make legal applications to District / Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.
5.5. Each product subject to the contract is delivered to the person and / or organization at the address indicated by the BUYER or BUYER, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
5.6. In case the BUYER is a merchant or in bulk purchases, the parties may also decide on a delivery time. In this case, the merchant BUYER also accepts and declares to receive the products within the agreed time.
5.7. However, for the pre-order product (s), this legal period of 30 days will start after the sale date announced on the sales page of the relevant product, and there may be delays due to the supplier company on this sales date. In this case, the SELLER will inform the BUYER in writing beforehand. In this case, the BUYER may use one of the rights to cancel the order or to deliver the product (s) subject to the order by waiting for the delivery time. If the BUYER cancels the order, the amount paid will be returned to him within 14 (fourteen) days.
5.8. If the product (s) subject to the distant sales contract is to be delivered to another person / organization other than the BUYER, the SELLER cannot be held responsible for the refusal of the delivery by the person / organization to be delivered.
5.9. The SELLER accepts, declares and undertakes to perform the contractual product in full, in accordance with the qualifications specified in the order and in accordance with the requirements of the legal legislation, in accordance with the requirements of the legal legislation, in accordance with the principles of integrity and honesty, and to show the necessary attention and care during the performance of the work.
5.10. The SELLER may fulfill the contractual performance obligation by supplying a different product of equal quality and price by informing the BUYER and obtaining its approval before it expires.
5.11. For the delivery of the product (s) subject to the distance sales contract, this distance sales contract must be confirmed electronically and the price of the product (s) must be paid in the form of payment preferred by the BUYER. If, for any reason, the product price is not paid or is canceled in the bank records, the SELLER is deemed to be free from the obligation to deliver the product.
5.12. In the event that the payment for the product (s) subject to the distance sales contract is made by "depositing" to the account from any ATM device or branch of the Bank, the product price shall be returned to the BUYER within the framework of the conditions specified in this contract. It accepts and undertakes that the SELLER consents to send the IBAN number of a bank account correctly and completely to the e-mail address of buykanat@kanat.com and the SELLER to return to the IBAN number. Unless the account information is notified by the BUYER, the SELLER will not go into default and the SELLER's liability arising from default cannot be taken.
5.13. The SELLER accepts, declares and undertakes that it will notify the BUYER if it cannot deliver the product subject to the contract within due time due to force majeure and legal and administrative regulations, such as the occurrence of unforeseen and unpredictable situations that prevent the parties from fulfilling their debts. The BUYER is also entitled to demand from the SELLER 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. In the event that the order is canceled by the BUYER, the amount of the product will be returned to the BUYER within 14 days in cash payments. For the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. BUYER, the average process of reflecting the amount returned to the credit card by the SELLER to the BUYER account by the bank may take 2 to 3 weeks, since the reflection of this amount to the accounts of the BUYER after the return to the bank is entirely related to the bank transaction process, the BUYER shall inform the SELLER for possible delays. It accepts, declares and undertakes that it cannot be held responsible. The SELLER's offsetting rights arising from this Agreement and the law or arising from the use are reserved for the amount to be returned. If the BUYER is a merchant or in collective purchases, failure to deliver the product subject to the contract within due time due to force majeure and legal and administrative regulations does not give the BUYER the right to withdraw from the contract. In case the BUYER is a merchant or in collective purchases, the right to withdraw from the contract can be used in accordance with the general provisions regulated in the TBK and TCC.
5.14. The establishment of this agreement with the delivery address, but BUYER with Turkey will be able to show the geographical boundaries. BUYER Turkey as a place to show case the delivery address is outside the geographical boundaries, this contract is not established, the seller accepted by the Purchaser on this issue will not bear any responsibility, declare and be committed.
5.15. The SELLER's address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or later updated by the SELLER, by letter, e-mail, SMS, phone call and other means of communication, marketing, has the right to reach the BUYER for notification and other purposes. By accepting this contract, the BUYER acknowledges and agrees that the SELLER may engage in the above mentioned communication activities.
5.16. The SELLER may use the right of termination and withdrawal from the contract arising from the law and this contract by notifying the e-mail (mail) address notified by the BUYER. The BUYER acknowledges, declares and undertakes that the declaration of will related to this will be sent by the SELLER to the e-mail address of the BUYER and that this declaration of will will result in terms and consequences.
5.17. The BUYER will inspect the contractual goods / service before receiving it; crushed, broken, torn packaging, etc. will not receive the damaged and defective goods / services from the cargo company and will have this issue determined with the damage assessment report to be issued together with the cargo officer. If the cargo officer does not have a damage assessment report issued, the BUYER will not be able to claim damages and defects about the goods subject to the contract, and the delivered goods / service will be deemed undamaged and intact. Careful protection of the goods / services after delivery belongs to the BUYER. If the right of withdrawal will be used, the goods / services should not be used. The invoice must be returned.
5.18. If the BUYER is a merchant or if the goods are defective in collective purchases, it accepts and declares that the provisions regarding defects will be applied in accordance with the general provisions of the TCC and TCC. The merchant BUYER will inspect the contractual goods / service before delivery; crushed, broken, torn packaging, etc. will not receive the damaged and defective goods / services from the cargo company and will have this issue determined with the damage assessment report to be prepared with the cargo officer. If the cargo officer does not have a damage assessment report issued, the BUYER will not be able to claim damages and defects about the goods subject to the contract, and the delivered goods / service will be deemed undamaged and intact.
5.19. If the credit card holder used during the order is not the same person, or if a security deficit is detected in the credit card used in the order before the product is delivered to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder, the credit card used in the order, the previous month's statement. or request from the BUYER to submit a letter from the cardholder's bank stating that the credit card belongs to him and all necessary information and documents. The order will be frozen until the BUYER provides the information / documents subject to the request, and if the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order. In this case, the BUYER will not be able to claim any rights and receivables from the SELLER.
5.20. If there is an application of reward points in the sale made, as a valid general rule, in cases where unfair reward points gain or use is determined by the BUYER, the monetary value-amount of the aforementioned reward points is determined by the SELLER from the BUYER (credit card, cash and other legal methods. with). This provision is also valid for the price of goods given as a gift to the BUYER by the SELLER as a result of the application of such a system.
5.21. The BUYER declares and undertakes that the personal and other information given to the website of the SELLER are in accordance with the truth, and that the SELLER will compensate all damages that the SELLER may incur due to the falsehood of this information, immediately, in cash and at once upon the first notification of the SELLER.
5.22. The BUYER accepts and undertakes to comply with the provisions of the legal regulations and not to violate them while using the website of the SELLER. Otherwise, all legal and penal obligations that may arise will belong entirely and exclusively to the BUYER.
5.23. The BUYER may not use the SELLER's website in a way that disrupts public order, violates general morality, disturbs and harasses others, for an illegal purpose, infringing on the material and moral rights of others. In addition, the BUYER cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
5.24. The registration rights of the registered product / products purchased by the BUYER; The BUYER accepts and declares that it is responsible for the infringements that will occur due to the illegal acts caused by the BUYER, such as copying, reproducing the registered product and damaging the rights arising from the registration for all other reasons. The BUYER reserves the right to claim all kinds of compensation and other claims arising from unauthorized use of the aforementioned registered products against the SELLER.
5.25. Via the website of the SELLER, links may be provided to other websites and / or other content that are not under the control of the SELLER and / or owned and / or operated by other third parties. These links are provided for ease of orientation to the BUYER and do not support any website or the person operating the site, and the SELLER has no responsibility for the information contained in the linked website.
5.26. The BUYER who violates one or more of the articles listed in this contract will be personally and criminally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. Also; The SELLER reserves the right to demand compensation from the BUYER if the incident is referred to the legal field due to this violation.
5.27. If the BUYER goes into default for any reason during the payment; The BUYER accepts, declares and undertakes that he will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.
ARTICLE 6- RIGHT OF WITHDRAWAL
6.1. In order to use the right of withdrawal in accordance with the provisions of this contract, the BUYER must be a consumer. The BUYER can only use the right of withdrawal arising from the provisions of the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts under these conditions. In the event that the BUYER is a merchant or in collective purchases, the right to withdraw from the contract can be used by the BUYER in accordance with the general provisions regulated in the TBK and TCC. In the event that the BUYER is a merchant or in collective purchases, the SELLER reserves the right to withdraw from a unilateral contract in accordance with the general provisions set out in the TBK and TCC.
6.2. If the BUYER is a consumer; In case the distance contract is related to the sale of goods, the product can use the right of withdrawal from the contract by refusing the product without any legal and criminal liability and without any justification, provided that the SELLER is notified within 14 (fourteen) days from the date of delivery to the person / organization at the address indicated. In distant contracts for service provision, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised if the service is initiated with the approval of the consumer before the right of withdrawal expires. The costs arising from the use of the right of withdrawal belong to the SELLER. The BUYER accepts in advance that he has been informed about the right of withdrawal by accepting this contract.
6.3. If the BUYER is a consumer; In order to exercise the right of withdrawal, a written notification must be made to the SELLER by registered mail, fax or e-mail within a period of 14 (fourteen) days and the product must not be used in accordance with the provisions of "Products for which the Right of Withdrawal cannot be exercised" set forth in this contract. If this right is used;
• The product delivered to the person or the BUYER must be sent with the invoice. (If the invoice of the product to be returned is corporate, it must also be sent with the return invoice issued by the institution when returning it in case of other obligations. Order returns whose invoices are issued on behalf of the institutions will not be completed unless the Return Invoice is issued.) The products to be returned must be sent with the return form.
• The products to be returned must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any.
• 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 notification and to return the goods.
• If there is a decrease in the value of the goods due to the fault of the BUYER or the return becomes impossible, the BUYER is obliged to compensate the damages of the SELLER at the rate of his fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the product or product within the right of withdrawal period.
• If the campaign limit amount set by the SELLER is decreased due to the use of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.
• The products to be returned should be sent to the address of the SELLER specified when the contract was established, by means of the contracted cargo company specified in the INTERNET SITE, with the shipping fee to the SELLER. Otherwise, it is accepted that the right of withdrawal is not used.
ARTICLE 7- PRODUCTS THAT CANNOT BE USED OF WITHDRAWAL
In the event that the BUYER is a consumer, even if not used, underwear and all derivatives, disposable products, deformed products, destroyed products, which are prepared in line with the BUYER's request or personal needs and which are not available for return, depending on the fluctuations in the financial markets. The goods or services that have changed and are not under the control of the seller or the supplier, products that are not suitable for health and hygiene if the package is opened by the BUYER after the PURCHASER is delivered to the BUYER, the products that are mixed with other products after delivery and which cannot be separated due to their nature, have been opened by the BUYER. It is not possible to return the delivered goods in accordance with the Regulation on Distance Contracts. In addition, before the expiry of the right of withdrawal, it is not possible to use the right of withdrawal regarding the services started with the approval of the consumer, in accordance with the Regulation on Distance Contracts. Personal use items, underwear items, etc. In order for the products to be returned, their packaging must be unopened, untested, undamaged and unused. Again, it is not possible to use the right of withdrawal in cases where the BUYER purchases for commercial / professional purposes with other goods-services that are generally accepted outside the scope of distance sales in accordance with the relevant legislation.
ARTICLE 8- RULES ON SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL RIGHTS
8.1. In the INTERNET SITE, the privacy rules-policy and conditions, the current principles of which are set forth below, are valid for the protection, confidentiality, processing-use and communications and other issues.
8.2. The necessary precautions for the security of the information and transactions entered by the BUYER on the INTERNET SITE are taken within the system infrastructure of the SELLER, within the scope of the current technical possibilities according to the nature of the information and transaction. However, since the information in question is entered from the BUYER device, it is the responsibility of the BUYER to take the necessary measures, including those related to viruses and similar harmful applications, in order to protect them from the BUYER and not to be accessed by unrelated persons.
8.3. Providing various products / services by the SELLER, current and future affiliates, affiliates, partners, successors and / or third parties / organizations to be determined by them, and all kinds of information, advertisement-promotion, For electronic and other commercial-social communications to be made for promotional, sales, marketing, store card, credit card and membership applications, it can be recorded indefinitely or for a period to be foreseen by those and their successors, can be stored in printed / magnetic archives, updated and shared when necessary can be transferred, transferred, used and processed in other ways. These data can also be transmitted to the relevant Authorities and Courts when required by law. The BUYER consents and gives permission for the use, sharing, processing and the making of non-commercial and non-commercial electronic communications and other communications, in accordance with the legislation on the protection of personal data and electronic commerce legislation, of its existing and new information.
8.4. The BUYER can always stop data usage-processing and / or communications by reaching the SELLER through the specified communication channels. According to the BUYER's explicit notification on this matter, personal data transactions and / or communications of its party are suspended within the legal maximum period; In addition, if he wishes, his information other than legally required and / or possible will be deleted from the data recording system or made anonymous in an anonymous way. If the BUYER wishes, the transactions related to the processing of personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect information, notification of the corrected information to the relevant third parties, deletion or destruction of the data, objection to the occurrence of a result against him by automatic systems, the data is against the law You can always apply to the SELLER through the above communication channels and get information on issues such as compensation in case of damage due to processing. Applications and requests regarding these issues will be fulfilled within the legal maximum periods or may not be accepted by explaining the legal justification to the party.
8.5. Regarding all kinds of information and content of the INTERNET SITE and their arrangement, revision and partial / complete 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.
8.6. The SELLER reserves the right to make any changes it may deem necessary in the above matters; These changes are valid from the moment they are announced by the SELLER on the INTERNET SITE or through other appropriate methods.
8.7. The privacy-security policies and terms of use apply to other sites accessed through the INTERNET SITE, and the SELLER is not responsible for any disputes and negative consequences that may arise.
ARTICLE 9- LEGAL APPLICATION AND AUTHORITY
9.1. In the cases not regulated in this distance sales contract, if the BUYER is a consumer, the provisions of the Law on Consumer Protection No.6502 and the relevant legislation provisions, if the BUYER is a merchant or in bulk purchases, the relevant provisions of the TCC and TCC are applied between the parties.
9.2. Complaints and objections in disputes arising from this contract will be made to the arbitration committee or consumer court within the monetary limits determined and announced every year by the Ministry of Customs and Trade in the event that the BUYER is a consumer, where the consumer is located or where the consumer transaction is made.
9.3. Istanbul (BAKIRKÖY) Execution Offices and Courts are exclusively authorized in disputes arising from this contract, even though the BUYER is a merchant for commercial purposes.
9.4. This distance sales contract has been read, accepted and confirmed electronically by the parties.
ARTICLE 10- NOTIFICATIONS and EVIDENCE AGREEMENT
All kinds of correspondence between the Parties under this Contract will be made via e-mail, except for the obligatory cases listed in the legislation. PURCHASER, in the case of disputes arising from this CONTRACT, the SELLER's official books and commercial records, electronic information and computer records kept in its database and servers will constitute binding, final and exclusive evidence, as evidence in the sense of Article 193 of the Code of Civil Procedure of this article. accepts, declares and undertakes that it has the nature of an agreement.
ARTICLE 11- ENFORCEMENT
11.1. The BUYER has read all the conditions and explanations written on the Site in this CONTRACT consisting of 11 (eleven) articles and the order-contract preliminary information that constitutes its integral part, the basic features-qualities of the Product / Products subject to sale, sales price, payment method, delivery conditions All other preliminary information about the SELLER and the Product subject to sale, the right of withdrawal and personal information-electronic communication conditions, including all matters written in this Agreement, that they have seen all of them electronically on the Site and that all these are confirmed-confirmation- By giving acceptance-permission, it accepts and declares that it accepts the provisions of this Agreement with the order.
11.2. Both the aforementioned preliminary notifications and this CONTRACT are sent to the above e-mail (mail) address notified by the BUYER to the SELLER, and the confirmation of the receipt of the order is also included with the order summary in the said e-mail.
11.3. The preliminary information text is a part of this contract and is ahead of the contract. By the BUYER, by clicking the check box in distance sales over the internet, by sending the statement that he has read and accepted the preliminary information forum sent to the e-mail address declared by him in distance sales via telephone, the preliminary information was read before the sales contract was established and the sales contract following this text became valid between the parties. accepted by the parties.
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