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DISTANCE SALES CONTRACT

DISTANCE SALES CONTRACT

1- PARTIES

This contract has been signed between the SELLER, whose title, full address, and contact information are provided in clause (a) of this article (hereinafter referred to as the "SELLER"), and the BUYER, whose information is provided in clause (b) (hereinafter referred to as the "BUYER"), 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
Tax Office/No:
Mersis:
Phone: (0212) 230 51 17
Fax:
E-Mail: kenzel@kenzel.com.tr

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

2- DEFINITIONS
In the application and interpretation of this contract, the terms written below shall express the explanations written opposite them.
BUYER: The 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 the Protection of the Consumer,
Orderer: The natural or legal person who requests a good or service through the website www.kenzel.com.tr or the mobile application belonging to DSM,
Contract: This Contract concluded between the SELLER and the BUYER,
Parties: The SELLER and the BUYER,
Product or Products: Refers to movable goods subject to shopping, residential or holiday properties, as well as all kinds of products such as software, audio, video, and similar items prepared for use in an electronic environment,
Regulation: The Regulation on Distance Contracts,

3- SUBJECT OF THE CONTRACT
The subject of this contract is the commitment of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts (Official Gazette No. 29188) regarding the sale and delivery of the product, the qualifications and sales price of which are specified below, which the BUYER has ordered electronically from the SELLER's website with the domain name "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 they are changed or updated. Promises and prices announced for a certain period are valid until the end of the specified period.
4.2. The SELLER is not responsible for price differences that may occur between the prices on the site and the prices in its stores. For orders placed through the site, the prices provided on the order summary page during the order process on the site are valid.
4.3. The SELLER aims to show the colors of the products in the images on the site as closely as possible to their real colors. However, it does not accept 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 good or service 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. The BUYER accepts, declares, and undertakes that the information regarding payment and delivery in the table below belongs to them, that there is no error in this information, and that the SELLER shall not be held liable in the event that delivery cannot be made or is delayed due to any deficiency or inaccuracy in the information provided by the BUYER.
Payment Method and Plan
Delivery Address
Person to Receive Delivery
Billing Address
Order Date
Delivery Method

5.2. The product subject to the contract, normally Order Preparation and Delivery Process:
• Preparation Time: After your payment is approved, it takes 3–5 business days (maximum 10 business days during peak periods) for your order to be prepared and handed over to the courier.
• Delivery Time: Your estimated delivery time will be displayed on the checkout page after you enter your delivery address. In accordance with the "Law on the Protection of the Consumer No. 6502" and the "Regulation on Distance Contracts", it is delivered to the BUYER or the person/institution at the address indicated by the BUYER via a courier company, provided that it does not exceed the legal period of 30 days, depending on the distance of the BUYER's place of residence for each product.

5.3. The product will not be delivered to anyone other than the person/institution authorized to receive it as specified in this contract. During delivery, authorized persons must present identification. If they do not present identification, delivery to them will be refused. If the product subject to the contract is to be delivered to a person/persons other than the BUYER, the SELLER cannot be held responsible for the refusal of the delivery by the person/institution to be delivered to.
5.4. The BUYER shall inspect the good/service subject to the contract before taking delivery; they shall not accept delivery of damaged or defective goods/services from the courier company such as crushed, broken, or torn packaging. The delivered good/service shall be considered undamaged and intact.
5.5. For the delivery of the product subject to the contract, it is required that the product price be paid by the payment method preferred by the BUYER. If for any reason the product price is not paid or is canceled in bank records, the SELLER shall be exempt from the obligation to deliver the product.
5.6. If the relevant bank or financial institution does not pay the product price to the SELLER due to the unauthorized or unlawful use of the BUYER's credit card by unauthorized persons after the delivery of the product, through no fault of the BUYER, it is mandatory for the BUYER to send the product to the SELLER within 3 days, provided that it has been delivered to them. In this case, shipping costs belong to the BUYER.
5.7. If the BUYER and the holder of the credit card used during the order are not the same person, or if a security vulnerability regarding the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may request the BUYER to present identification and contact information of the credit card holder, the statement of the credit card used in the order for the previous month, or a letter from the card holder's bank stating that the credit card belongs to them. 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 is unable to deliver the product subject to the contract within the time limit due to force majeure or extraordinary circumstances such as weather conditions that prevent transport, interruption of transport, fire, earthquake, or flooding, and if it is understood that the product cannot be supplied for a justifiable reason, the SELLER is obliged to notify the BUYER. In this case, the BUYER may exercise one of the rights to cancel the order, replace the product subject to the contract with its equivalent, if any, and/or postpone the delivery time until the obstructive situation is eliminated. If the BUYER cancels the order, the amount paid will be refunded to them in the same way it was paid. In payments made by the BUYER with a credit card, the product amount will be refunded to the relevant bank within at most 10 (ten) days after the order is canceled by the BUYER. Since the reflection of this amount to the BUYER's accounts after the refund to the bank is entirely related to the bank's 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 elapsed for the amount returned to the credit card by the SELLER to be reflected in the BUYER's account by the bank is not under the SELLER's responsibility and that no responsibility will be imposed on the SELLER regarding this process.
5.9. For INTERNATIONAL shipments, customs duties determined by the countries in varying amounts belong to the BUYER. Due to Turkish customs legislation and operational processes, returns and exchanges are not made for orders placed from abroad.
6- RIGHT OF WITHDRAWAL
6.1. The BUYER may exercise their right to withdraw from the contract within 7 (seven) days from the date of delivery of the product to themselves or to the person/institution at the address indicated, by rejecting the good without providing any justification in distance contracts regarding the sale of goods. Your purchases are subject to return or exchange only within the scope of our Return Policy [LINK]. In distance contracts regarding 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 has started with the consumer's approval before the expiry of the withdrawal period. The costs arising from the use of the right of withdrawal belong to the SELLER. To exercise the right of withdrawal, the withdrawal notification to be made to the SELLER must be made by the BUYER in writing or via a continuous data carrier within the 7 (seven) day period from the delivery of the goods, in accordance with the Regulation on Distance Sales Contracts. Therefore, the BUYER must request a return to the SELLER's address above in writing, via the customer service telephone line, or via e-mail to the address "www.kenzel.com.tr".
6.2. In case of exercising the right of withdrawal,
a) The product delivered to the 3rd party or the BUYER, when handed over to the courier to be sent to the SELLER, must be sent by the BUYER to the SELLER within 10 (ten) days from the date the notification of the exercise of the right of withdrawal is directed, along with the original invoice by filling out the return section (if the invoice of the product to be returned is issued on behalf of an institution, it must be sent together with the return invoice issued by the institution when returning).
b) The SELLER is obliged to return the total amount and all documents that put the BUYER under debt to the BUYER within at most 7 (seven) days from the receipt of the withdrawal notification and the product along with its invoice.
c) The products to be returned must be delivered complete and undamaged, together with their box, packaging, and standard accessories, if any.
d) If there is a decrease in the value of the goods due to a fault caused by the BUYER or if the return becomes impossible, the BUYER is obliged to compensate for the damages of the SELLER at the rate of their fault.
e) If the campaign limit amount set by the SELLER is fallen below due to the exercise of the right of withdrawal, the discount amount benefited within the scope of the campaign will be canceled.
6.3. Return amounts are refunded using the payment method used during the order. Bank rules are reserved for refunds to be made to credit cards.
6.4. Due to Turkish customs legislation and operational processes, returns and exchanges are not made for orders placed from abroad. Your purchases are subject to return or exchange only within the scope of our Return Policy [LINK].

7- PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
7.1. The BUYER cannot exercise the right of withdrawal for goods produced in accordance with the BUYER's special requests and demands or made personal by making changes or additions. In addition, the BUYER cannot exercise the right of withdrawal in the case of goods that cannot be returned by their nature, are likely to deteriorate rapidly, or whose expiration date is about to expire. Therefore; returns of innerwear bottom pieces, swimsuit and bikini bottoms, cosmetics, disposable products, goods that are in danger of rapid deterioration or have a high probability of expiration, and audio or video recordings, software programs, and computer consumables are not possible according to the Regulation if the packaging has been opened by the BUYER.
7.2. Cosmetic and personal care products, innerwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) can be returned if their packaging has not been opened, they have not been tried, have not been damaged, and have not been used.
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 immediately notified to the BUYER by the SELLER.
8- DEFAULT OF THE BUYER
The BUYER accepts, declares, and undertakes that in case of default in transactions made with a credit card, they will pay interest and be liable to the bank within the framework of the credit card contract made with the card-issuing bank. In this case, the relevant bank may resort to legal remedies; may demand the arising costs and attorney's fees from the BUYER, and in any case, if the BUYER defaults due to their debt, the BUYER accepts, declares, and undertakes that they will pay the damages and losses 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 "Contract", the Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the good or service and where their domicile is located, up to the value announced by the T.C. Ministry of Science, Industry and Technology, will be authorized.
9.2. The SELLER may make applications regarding its complaints and objections to the consumer problems arbitration committee or consumer court in the place where the good or service was purchased or where the residence is located, within the monetary limits determined by the T.C. Ministry of Science, Industry and Technology every December. Information regarding the monetary limit is below:
Effective as of 1/1/2020:
a) To District Consumer Arbitration Committees for disputes under 6,920 (six thousand nine hundred twenty) Turkish Liras
b) To Provincial Consumer Arbitration Committees for disputes between 6,920 (six thousand nine hundred twenty) Turkish Liras and 10,390 (ten thousand three hundred ninety) Turkish Liras in provinces with metropolitan status
c) To Provincial Consumer Arbitration Committees for disputes under 10,390 (ten thousand three hundred ninety) Turkish Liras in the centers of provinces without metropolitan status
ç) Application to Provincial Consumer Arbitration Committees is mandatory for disputes between 6,920 (six thousand nine hundred twenty) Turkish Liras and 10,390 (ten thousand three hundred ninety) Turkish Liras in districts connected to provinces without metropolitan status.
This Contract is made for commercial purposes.
10- MISCELLANEOUS AND FINAL PROVISIONS
10.1. The BUYER accepts, declares, and undertakes that they have read the Preliminary Information Form regarding the basic qualifications, sales price, and payment method of the product subject to the contract on the website www.kenzel.com.tr belonging to the SELLER, and have been informed and have given the necessary confirmation electronically.
10.2. By confirming this contract electronically, the BUYER confirms that they have obtained the address, basic features of the ordered products, price including taxes, payment and delivery information, and information regarding the right of withdrawal, which should be given to the consumer by the Seller before the conclusion of distance contracts, correctly and completely.
10.3. The SELLER is responsible for delivering the product subject to the contract intact, complete, in accordance with the qualifications specified in the order, and with warranty certificates and user manuals where required by legislation.
10.4. The BUYER accepts and undertakes from the beginning to comply with legal legislation provisions and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities that will arise will bind the BUYER entirely and exclusively.
10.5. The BUYER cannot use the SELLER's website in any way that disrupts public order, is contrary to general morality, disturbs and harasses others, for an illegal purpose, or infringes on the material and moral rights of others. Furthermore, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
10.6. Links to other websites and/or other content owned and/or operated by other third parties that are not under the SELLER's control may be provided through the SELLER's website. These links are provided for the convenience of the BUYER and do not support any website or the person operating that site and do not carry any guarantee regarding 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 is personally liable criminally and legally due to this violation and will keep the SELLER free from the legal and criminal consequences of these violations. Furthermore, in case the event is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member for non-compliance with this contract.
11- EFFECTIVENESS
In the event that 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 to ensure that an order cannot be placed without the BUYER receiving confirmation that the Contract has been read and accepted on the site.
SELLER:
BUYER:
DATE: