DISTANCE SALES CONTRACT
1- PARTIES
This contract has been signed between the SELLER, whose title, full address and contact information are given in clause a of this article (hereinafter referred to as the "SELLER" in the contract), and the BUYER, whose information is given in clause b (hereinafter referred to as the "BUYER" in the contract), under the following terms and conditions.
a) SELLER Name: GODE GYIM SANAYI VE TICARET LIMITED SIRKETI
Address: Meşrutiyet, Kodaman Sk. No: 83, 34363 Şişli/İstanbul
Tax No./No:
Mersis:
Phone: (0212) 230 51 17
Fax:
E-Mail: kenzel@kenzel.com.tr
b) BUYER
Name/Surname:
Address:
Telephone:
E-mail:
2-DEFINITIONS
In the application and interpretation of this agreement, the terms written below will 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: Minister of Trade,
Ministry: Ministry of Commerce,
Law: Consumer Protection Law,
Orderer: A natural or legal person who requests a product or service through DSM's website www.kenzel.com.tr or mobile application.
Contract: This Contract concluded between the SELLER and the BUYER,
Parties: SELLER and BUYER,
Product or Products: Movable goods, real estate for residential or holiday purposes, and all kinds of products such as software, audio, video and similar products prepared for use in electronic environment.
Regulation: Distance Sales Regulation,
3- SUBJECT OF THE CONTRACT
The subject of this contract is the undertaking of the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts published in the Official Gazette No. 29188, regarding the sale and delivery of the product, the features and sales price of which are specified below, which the BUYER ordered electronically from the website named "www.kenzel.com.tr" belonging to the SELLER.
4-PRODUCT INFORMATION SUBJECT TO THE CONTRACT
4.1. All commitments, including the price stated in the contract, are valid until changed or updated. Promises and prices announced for a limited period are valid until the end of the stated period.
4.2. The SELLER is not responsible for any differences that may occur between the prices on the site and the prices in its stores. For orders placed through the site, the prices stated on the order summary page at the time of ordering are valid.
4.3. The SELLER aims to display the colors of the products in the images on the site as accurately as possible to their actual colors. However, the SELLER accepts no responsibility for differences that may occur due to the user's screen settings or different screen types.
4.4. The prices listed and announced on the site are the sales prices. 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)
Shipping 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 are no errors in this information, and that SELLER shall not be held responsible in case of non-delivery or late delivery due to any deficiency or error in the information provided by BUYER.
Payment Method and Plan
Delivery Address
Person to be Delivered
Billing Address
Order Date
Delivery Method
5.2. The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated by the BUYER via a cargo company, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal 30-day period determined in accordance with the "Law on Consumer Protection No. 6502" and the "Regulation on Distance Contracts" for each product.
5.3. Product delivery will not be made to anyone other than the person/organization authorized to receive delivery specified in this contract. It is mandatory for authorized recipients to present identification during delivery. If these individuals fail to provide identification, delivery will be refused. If the product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible for the refusal of the recipient to accept delivery.
5.4. The BUYER shall inspect the goods/services subject to the contract before accepting them; and shall not accept from the cargo company any damaged or defective goods/services such as those that are crushed, broken, or have torn packaging, etc. The goods/services received shall be deemed to be undamaged and intact.
5.5. For the delivery of the contractual product, the price of the product must be paid using the payment method chosen by the BUYER. If, for any reason, the price of the product is not paid or is cancelled in bank records, the SELLER will be exempt from its obligation to deliver the product.
5.6. If the relevant bank or financial institution fails to pay the price of the product to the SELLER due to the unfair or illegal use of the BUYER's credit card by unauthorized persons, not due to the BUYER's fault, after the delivery of the product, 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 are the responsibility of 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 provide the identity and contact information of the credit card holder, a statement from the previous month for the credit card used in the order, or a letter from the card holder's bank confirming that the credit card belongs to the BUYER. The order will be frozen until the BUYER provides the requested information/documents. If the aforementioned requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
5.8. If the SELLER is unable to deliver the contracted product within the specified timeframe due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation, transportation interruption, fire, earthquake, flood, or if it is determined that the contracted product cannot be supplied for a justified reason, the SELLER is obligated to notify the BUYER of the situation. In such cases, the BUYER may exercise one of the following rights: cancellation of the order, replacement of the contracted product with a comparable product, if any, and/or postponement of the delivery period until the impeding condition is eliminated. If the BUYER cancels the order, the amount paid will be refunded to the BUYER in the same manner as originally paid. In payments made by the BUYER by credit card, the product amount will be refunded to the relevant bank within 10 (ten) days after the order is canceled by the BUYER. Since the reflection of this amount in the BUYER's account after it is refunded to the bank is entirely related to the bank transaction process, the BUYER accepts, declares and undertakes that it is not possible for the SELLER to intervene in any way for possible delays and that the time taken for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank is not the SELLER's responsibility and that the SELLER will not be held responsible in any way regarding this process.
5.9. For international shipments, customs costs, which vary depending on the country, are the responsibility of the BUYER.
6- RIGHT OF WITHDRAWAL
6.1. In distance contracts for the sale of goods, the BUYER may exercise the right of withdrawal from the contract by rejecting the product without giving any reason within 7 (seven) days from the date of delivery of the product to the BUYER or to the person/organization at the address provided. In distance contracts for the provision of services, this period begins from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the performance of the service begins with the consumer's approval before the expiration of the right of withdrawal period. The costs arising from the exercise of the right of withdrawal are the responsibility of the SELLER. In accordance with the Regulation on Distance Selling Contracts, the BUYER must notify the SELLER in writing or via a permanent data carrier within 7 (seven) days from the delivery of the goods. Therefore, the BUYER must request a return in writing to the SELLER's full address above, via the customer service telephone line, or via e-mail to "www.kenzel.com.tr".[Y.Y1]
6.2. In case of exercising 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 to the SELLER by the BUYER, along with the product and the return section filled in (if the invoice of the product to be returned is issued to an institution, together with the return invoice issued by the institution when returning it) within 10 (ten) days from the date of notification of the use of the right of withdrawal.
b) The SELLER is obliged to return the total price and all documents that put the BUYER indebted to the BUYER within 7 (seven) days at the latest from the date of receipt of the notice of withdrawal and delivery of the product together with the invoice.
c) The products to be returned must be delivered complete and undamaged, including the box, packaging and standard accessories, if any.
d) If the value of the goods decreases or return becomes impossible due to a reason caused by the BUYER's fault, the BUYER is obliged to compensate the SELLER for damages to the extent of his fault.
e) If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
6.3. Refunds will be refunded using the payment method used at the time of ordering. Relevant bank rules are reserved for refunds made via credit card.
6.4. You can return your return from abroad, along with the delivery note, invoice, or return/exchange card you received, to the return address below via UPS, ensuring that the product itself and its packaging are not damaged. Return costs and any taxes paid when entering your country will be covered by the customer. For international returns, the shipping cost is the customer's responsibility and will be deducted from the refunded amount.
7- PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
7.1. The BUYER cannot exercise the right of withdrawal for goods produced in accordance with the BUYER's special requests and demands, or for goods personalized by making changes or additions. Furthermore, the BUYER cannot exercise the right of withdrawal for goods that, due to their nature, cannot be returned, are likely to deteriorate rapidly, or expire rapidly. Therefore, according to the Regulation, the return of underwear, swimsuits and bikini bottoms, make-up materials, disposable products, goods that are in danger of deteriorating rapidly or expire rapidly, audio or video recordings, software programs, and computer consumables, which have been prepared in accordance with the BUYER's wishes or clearly in line with the BUYER's personal needs, and which are not suitable for return due to their nature, is not possible as per the Regulation.
7.2. Cosmetics and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes and stationery consumables (toner, cartridges, ribbons, 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- BUYER'S DEFAULT
BUYER acknowledges, declares, and undertakes that, in the event of default in credit card transactions, the cardholder bank will pay interest and be liable to the bank under the credit card agreement it has entered into with the BUYER. In such a case, the relevant bank may take legal action and claim any resulting expenses and attorney fees from the BUYER. In any case, if the BUYER defaults on its debt, the BUYER acknowledges, declares, and undertakes to compensate the SELLER for any losses and damages incurred by the BUYER due to the delayed payment of the debt.
9- COMPETENT COURT
9.1. The Parties agree 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 the BUYER resides will 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 submit its complaints and objections to the consumer arbitration committee or consumer court where it purchased the goods or services or where it 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 limits is provided below:
Effective as of 1/1/2020:
a) Disputes under 6,920 (six thousand nine hundred and twenty) Turkish Lira shall be referred to the District Consumer Arbitration Committees.
b) In the provinces with metropolitan status, disputes between 6,920 (six thousand nine hundred and twenty) Turkish Lira and 10,390 (ten thousand three hundred and ninety) Turkish Lira shall be referred to the Provincial Consumer Arbitration Committees.
c) In the centers of provinces that are not metropolitan cities, disputes under 10,390 (ten thousand three hundred and ninety) Turkish Liras shall be referred to the Provincial Consumer Arbitration Committees.
d) In the districts of the provinces that do not have metropolitan status, it is mandatory to apply to the Provincial Consumer Arbitration Committees in disputes between 6,920 (six thousand nine hundred and twenty) Turkish Liras and 10,390 (ten thousand three hundred and ninety) Turkish Liras.
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 Preliminary Information Form regarding the basic characteristics, sales price, payment method, delivery and right of withdrawal of the product subject to the contract on the SELLER's website www.kenzel.com.tr and has given the necessary confirmation electronically.
10.2. By confirming this contract electronically, the BUYER confirms that he has received the correct and complete information regarding the address to be given to the consumer by the Seller before the conclusion of distance contracts, the basic features of the ordered products, the price of the products including taxes, payment and delivery information and the right of withdrawal.
10.3. The SELLER is obliged to deliver the product, which is the subject of the contract, in a sound and complete manner, in accordance with the specifications specified in the order, and together with warranty documents and user manuals, in cases where delivery is mandatory pursuant to legislation.
10.4. The BUYER hereby agrees and undertakes to comply with and not violate the provisions of the legislation when using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise will be fully and exclusively binding on the BUYER.
10.5. BUYER may not use SELLER's website in any way that disrupts public order, violates public morality, disturbs or harasss others, for any illegal purpose, or infringes on the material or moral rights of others. Furthermore, members may not engage in any activity (spam, viruses, trojan horses, etc.) that prevents or obstructs others from using the services.
10.6. SELLER's website may contain links to other websites and/or other content that are not under SELLER's control and/or owned and/or operated by third parties. These links are provided for the purpose of facilitating navigation for BUYER and do not endorse any website or the person operating that site and do not constitute any guarantee regarding the information contained on the linked website.
10.7. Any member who violates one or more of the provisions of this distance selling contract shall be personally and legally liable for such violation and shall hold the SELLER harmless from any legal or criminal consequences arising from such violation. Furthermore, if the incident is brought before the courts due to such violation, the SELLER reserves the right to claim compensation from the member for non-compliance with this contract.
11- ENFORCEMENT
Upon payment for an order placed through the Site, the BUYER will be deemed to have accepted all terms of this Agreement. The SELLER is responsible for implementing software changes to ensure that orders cannot be placed on the Site without confirmation that the BUYER has read and accepted the Agreement.
SALES PERSON :
BUYER :
HISTORY :
[Y.Y1]If another method is to be determined for exercising the right of withdrawal, it must be clearly stated here.
[Y.Y2]These limits should be updated every year with a letter from the Ministry of Commerce.

