1- PARTIES

This contract is signed between the SELLER whose title, address and contact information are given in clause a of this article (hereinafter referred to as the “SELLER” in the contract) and the person whose information is given in clause b (hereinafter referred to as the “BUYER” in the contract) within the framework of the terms and conditions specified below.

a) SELLER Title: GODE GIYIM SANAYI VE TICARET LIMITED SIRKETI
Address: Meşrutiyet, Kodaman Sk. No: 83, 34363 Şişli/İstanbul
VD./No:
Mersis:
Phone: (0212) 230 51 17
Fax:
E-Mail: [email protected]

b)BUYER
Name/Surname:
Address:
Phone:
E-mail:

2-DEFINITIONS
In the application and interpretation of this contract, the terms written below shall refer to the written explanations opposite them.
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,

Minister: The Minister of Trade,
Ministry: The Ministry of Trade,
Law: The Law on Consumer Protection,
Orderer: A natural or legal person who requests a good or service through the www.kenzel.com.tr website or mobile application of DSM,
Contract: This Agreement concluded between the SELLER and the BUYER,
Parties: The SELLER and the BUYER,
Product or Products: Movable goods, residential or holiday-oriented immovable goods subject to shopping, and all kinds of software, sound, images and similar products prepared for use in an electronic environment,
Regulation: The Distance Sales Regulation,

3- SUBJECT OF THE CONTRACT
The subject of this contract is the BUYER’s purchase of goods belonging to the SELLER It is the undertaking of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts No. 29188, Official Gazette, regarding the sale and delivery of the product with the characteristics and sales price specified below, which was ordered electronically from the website named “www.kenzel.com.tr”.

4-PRODUCT INFORMATION SUBJECT TO THE CONTRACT
4.1. All commitments, including the price specified in the contract, are valid until changed and updated. Promises and prices announced periodically are valid until the end of the specified period.

4.2. SELLER is not responsible for any differences that may occur between the prices on the site and the prices in its stores. In orders placed through the site, the prices given on the order summary page during the order on the site are valid.

4.3. SELLER aims to show the colors of the products in the images on the site in the most appropriate way to their real colors. However, it does not accept responsibility for any differences that may occur due to the user’s screen settings and different screen types.

4.4. The prices listed and announced on the site are the sales price. The sales price of the goods or services subject to the contract, including all taxes, is shown below.

Product Code Color Size Unit Price Quantity Amount

Total: -TL (VAT Included)
Discounts: -TL (VAT Included)
Cargo Fee: -TL (VAT Included)
Grand Total: -TL (VAT Included)

5- PAYMENT AND DELIVERY
5.1. BUYER accepts, declares and undertakes that the payment and delivery information in the table below belongs to him/her, that there is no error in this information, and that SELLER shall not be responsible if the delivery cannot be made or is made late due to a deficiency or error in the information provided by BUYER.
Payment Method and Plan
Delivery Address
Person to be Delivered
Invoice Address
Order Date
Delivery Method

5.2. The product subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated by the BUYER via the cargo company, depending on the distance of the BUYER’s place of residence, provided that the legal 30-day period determined in accordance with the “Law No. 6502 on the Protection of Consumers” and the “Regulation on Distance Contracts” does not exceed for each product.

5.3. The product shall not be delivered to anyone other than the person/organization authorized to receive the delivery specified in this contract. During delivery, it is mandatory for the persons authorized to receive the delivery to present their ID. If these persons do not present their ID, delivery shall be refused to them. If the product subject to the contract is to be delivered to a person/persons other than the BUYER, no liability can be attributed to the SELLER due to the person/organization to whom the delivery will be made not accepting the delivery.

5.4. The BUYER shall inspect the goods/service subject to the contract before receiving it; shall not receive damaged and defective goods/services such as crushed, broken, torn packaging, etc. from the cargo company. The goods/services received shall be deemed to be undamaged and intact.

5.5. For the delivery of the contractual product, the product price must be paid using the payment method preferred by the BUYER. If the product price is not paid for any reason or is cancelled in the bank records, the SELLER shall be exempt from the obligation to deliver the product.

5.6. After the delivery of the product, the BUYER shall be responsible for the delivery of the product.
If the relevant bank or financial institution does not pay the product price to the SELLER due to the unfair or illegal use of the redi card by unauthorized persons not caused by the fault of the BUYER, the product must be sent to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, the shipping costs belong to the BUYER.
5.7. If the BUYER and the credit card holder used during the order are not the same person or if a security breach is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to present the identity and contact information of the credit card holder, the previous month’s statement of the credit card used in the order or a letter from the card holder’s bank stating that the credit card belongs to him. The order will be frozen until the BUYER provides the requested information/documents, and if the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order. 5.8. If the SELLER cannot deliver the contracted product within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation, interruption of transportation, fire, earthquake, flood, etc. and if it is understood that the contracted product cannot be supplied for a justified reason, it is obliged to notify the BUYER of the situation. In such a case, the BUYER may exercise one of the following rights: cancellation of the order, replacement of the contracted product with a similar one, if any, and/or postponement of the delivery period until the elimination of the impeding condition. If the BUYER cancels the order, the amount paid shall be refunded to the BUYER in the same manner as paid. In payments made by the BUYER with a credit card, the product amount shall be returned to the relevant bank within 10 (ten) days at the latest after the order is cancelled by the BUYER. Since the reflection of this amount to the BUYER’s account after the refund to the bank is completely related to the bank transaction process, the BUYER accepts, declares and undertakes that it will not be possible for the SELLER to intervene in any way for possible delays and that the time it takes for the amount refunded to the credit card by the SELLER to be reflected to the BUYER’s account by the bank is not the SELLER’s responsibility and that the SELLER will not be held responsible for this process.

5.9. In INTERNATIONAL shipments, the customs expenses determined by the countries in different amounts are the responsibility of the BUYER…
6- RIGHT OF WITHDRAWAL
6.1. The BUYER; in distance contracts related to the sale of goods, may use the right to reject the contract without giving any reason within 7 (seven) days from the date of delivery of the product to him/her or to the person/organization at the address he/she indicated. In distance contracts related to the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be used in service contracts where the performance of the service is started with the approval of the consumer before the withdrawal period ends. The expenses arising from the exercise of the right of withdrawal shall be borne by the SELLER. In order to exercise the right of withdrawal, the notice of withdrawal to be made to the SELLER shall be made by the BUYER in writing or via a continuous data carrier within 7 (seven) days from the delivery of the goods, in accordance with the Regulation on Distance Selling Contracts. Therefore, the BUYER shall request a return by writing to the SELLER’s open address given above, via the customer service telephone line or via e-mail to the address “www.kenzel.com.tr”. [Y.Y1]
6.2. In case of exercise of the right of withdrawal,
a) When the product delivered to a 3rd party or the BUYER is delivered to the cargo to be sent to the SELLER, the original invoice must be sent by the BUYER to the SELLER by filling in the return section (If the invoice of the product to be returned is issued in the name of an institution, together with the return invoice issued by the institution when returning it) together with the product within 10 (ten) days from the date of notification that the right of withdrawal has been exercised.
b) The SELLER is obliged to return the total price and all documents that put the BUYER indebted within 7 (seven) days from the date the withdrawal notice is received and the product is delivered together with the invoice.

c) The products to be returned must be delivered complete and undamaged together with the box, packaging and standard accessories, if any.

d) If the value of the goods decreases due to a reason caused by the BUYER’s fault or if return becomes impossible, the BUYER is obliged to compensate the SELLER for the damages in proportion to the fault.

e) If the campaign limit amount set by the SELLER is dropped due to the use of the right of withdrawal, the discount amount used within the scope of the campaign will be canceled.

6.3. Refund amounts will be refunded with the payment method used during the order. The relevant bank rules are reserved for refund payments to be made to the credit card.

6.4. For inquiries regarding returns and exchanges from international locations, please contact our customer service team at +90 505 824 24 24 (Whatsapp) or our email “[email protected]”. If return or exchange is accepted from our side, You can return the product from abroad, together with the delivery note, invoice or return exchange card you received, to the return address below, with UPS, ensuring that the product itself and its packaging are not damaged. Return costs and taxes paid when the product enters your country will be covered by the customer. ” In case of return of overseas shopping, the shipping fee is the responsibility of the customer and will be deducted from the amount to be returned.

7- PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
7.1. The BUYER cannot use the right of withdrawal for goods that are produced in accordance with the BUYER’s special requests and demands or that are personalized by making changes or additions. In addition, the BUYER cannot use the right of withdrawal for goods that cannot be returned due to their nature, are likely to deteriorate quickly or expire. Therefore; underwear bottoms, swimsuits and bikini bottoms, make-up materials, disposable products, goods that are in danger of deteriorating quickly or expire, sound or image recordings, software programs and computer consumables that are opened by the BUYER, cannot be returned according to the Regulation.
7.2. Cosmetic and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, ribbon etc.) can be returned if their packaging is unopened, untested, undamaged and unused.

7.3. If the product requested to be returned by the BUYER is one of the products listed in articles 7.1 and 7.2 of this contract or does not meet the conditions specified in article 6.1, this situation will be notified to the BUYER immediately by the SELLER.

8- DEFAULT OF THE BUYER
The BUYER accepts, declares and undertakes that in the event of default in the transactions made with the credit card, the cardholder bank will pay interest within the framework of the credit card agreement it has made with it and will be liable to the bank. In this case, the relevant bank may resort to legal action; it may request the expenses and attorney fees that will arise from the BUYER and in any case, in the event of default due to the debt of the BUYER, the BUYER accepts, declares and undertakes that it will pay the loss and damage suffered by the SELLER due to the delayed performance of the debt.

9- AUTHORIZED COURT
9.1. The parties have agreed that in disputes arising from the implementation and interpretation of the Agreement, the Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the goods or services and where he/she resides shall have jurisdiction up to the value declared by the Ministry of Science, Industry and Technology of the Republic of Turkey.

9.2. The SELLER may apply for complaints and objections to the consumer problems arbitration committee or consumer court in the place where the BUYER purchased the goods or services or where he/she resides, within the monetary limits determined by the Ministry of Science, Industry and Technology of the Republic of Turkey every December. Information regarding the monetary limit is as follows:

As of 1/1/2020:

a) In disputes under 6,920 (six thousand nine hundred and twenty) Turkish Lira, to the District Consumer Arbitration Committees

b) In provinces with metropolitan status, between 6,920 (six thousand nine hundred and twenty) Turkish Lira and 10,390 (ten thousand three hundred and ninety) Turkish Lira in case of disputes, to the Provincial Consumer Arbitration Committees

c) In the centers of provinces that are not metropolitan, in case of disputes under 10,390 (ten thousand three hundred and ninety) Turkish Lira, to the Provincial Consumer Arbitration Committees

ç) In the districts of provinces that are not metropolitan, in case of disputes between 6,920 (six thousand nine hundred and twenty) Turkish Lira and 10,390 (ten thousand three hundred and ninety) Turkish Lira, it is mandatory to apply to the Provincial Consumer Arbitration Committees.

This Agreement is made for commercial purposes[Y.Y2].

10- MISCELLANEOUS AND FINAL PROVISIONS

10.1. The BUYER accepts, declares and undertakes that he/she has read and is informed about the basic characteristics, sales price and payment method of the product subject to the contract, as well as the delivery and right of withdrawal on the website www.kenzel.com.tr belonging to the SELLER and has given the necessary confirmation in the electronic environment.
10.2. By confirming this contract electronically, the BUYER confirms that he/she has obtained the address, basic features of the ordered products, the price of the products including taxes, payment and delivery information and the right of withdrawal information that should be given to the consumer by the Seller before the conclusion of distance contracts, correctly and completely.

10.3. The SELLER is obliged to deliver the product subject to the contract in a sound, complete manner, in accordance with the qualities specified in the order and together with the warranty documents and user manuals in cases where delivery is mandatory according to the legislation.

10.4. The BUYER accepts and undertakes to comply with the provisions of the legal legislation and not to violate them while using the SELLER’s website. Otherwise, he/she shall be liable for all legal and criminal The following obligations shall bind the BUYER completely and exclusively.

10.5. The BUYER shall not use the SELLER’s website in any way that disrupts public order, is against general morality, disturbs and harasses others, for a purpose contrary to the law, or in a way that violates the material and moral rights of others. Furthermore, the member shall not engage in any activity that prevents or hinders others from using the services (spam, virus, trojan horse, etc.).

10.6. 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 through the SELLER’s website. These links are provided for the purpose of facilitating navigation for the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.

10.7. The member who violates one or more of the articles listed in this distance sales contract shall be personally and legally liable for this violation and shall hold the SELLER harmless from the legal and penal consequences of these violations. In addition; if the incident is brought to the legal field due to this violation, the SELLER reserves the right to claim compensation from the member due to non-compliance with this contract.

11- ENFORCEMENT

In case the payment for the order placed through the site is realized, the BUYER shall be deemed to have accepted all the terms of this Contract. The SELLER is obliged to make software arrangements that will ensure that orders cannot be placed without receiving confirmation that the said Contract has been read and accepted by the BUYER on the site.

SELLER :
BUYER :
DATE :

[Y.Y1] If another method is to be determined for the exercise of the right of withdrawal, it must be clearly stated here.
[Y.Y2] These limits must be updated every year with the letter of the Ministry of Trade.