DISTANCE SALES AGREEMENT
1- PARTIES
This agreement is signed between the SELLER, whose title, address, and contact information are provided in sub-paragraph (a) of this article (hereinafter referred to as "SELLER" in the agreement), and the BUYER, whose information is provided in sub-paragraph (b) (hereinafter referred to as "BUYER" in the agreement), under the terms and conditions stated 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 agreement, the terms written below shall express the written explanations opposite them.
BUYER : A real 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 Trade,
Law : Law on Consumer Protection,
Orderer : A real or legal person who requests a good or service via the internet website www.kenzel.com.tr or mobile application belonging to DSM,
Agreement : This Agreement concluded between the SELLER and the BUYER,
Parties : The SELLER and the BUYER,
Product or Products : Any movable goods, residential or holiday immovable properties subject to purchase, and all kinds of products prepared for use in electronic environment such as software, sound, image and similar, refer to.
Regulation : Regulation on Distance Sales,
3- SUBJECT OF THE AGREEMENT
The subject of this agreement is the commitment of the parties' rights and obligations regarding the sale and delivery of the product, whose characteristics and sales price are specified below, ordered electronically by the BUYER from the SELLER's website "www.kenzel.com.tr", in accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts published in the Official Gazette No. 29188.
4- PRODUCT INFORMATION SUBJECT TO THE AGREEMENT
4.1. All commitments, including the price specified in the agreement, are valid until changed and updated. Promises and prices announced for a limited period are valid until the end of the specified period.
4.2. The SELLER is not responsible for any differences that may arise between the prices on the website and the prices in its stores. For orders placed through the website, the prices displayed on the order summary page during the order process on the website are valid.
4.3. The SELLER aims to show the colors of the products in the site's images as accurately as possible. However, it does not accept responsibility for differences that may arise due to the user's screen settings and different screen types.
4.4. The prices listed and advertised on the site are sales prices. The sales price of the goods or services subject to the agreement, 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 acknowledges, declares and undertakes that the payment and delivery information provided in the table below belongs to them, that there are no errors in this information, and that the SELLER shall not be responsible for any failure or delay in delivery caused by incomplete or incorrect information provided by the BUYER.
Payment Method and Plan
Delivery Address
Recipient
Invoice 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 seasons) for your order to be prepared and handed over to cargo.
• Delivery Time: Your estimated delivery time will be displayed on the checkout page after you enter your delivery address. In accordance with "Law No. 6502 on Consumer Protection" and "Regulation on Distance Contracts", each product is delivered to the BUYER or the person/organization at the address specified 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 is not exceeded.
5.3. Product delivery will not be made to anyone other than the person/organization authorized to receive delivery as specified in this agreement. During delivery, identity verification of authorized recipients is mandatory. If these individuals do not present identification, delivery will be refused. If the product subject to the agreement is to be delivered to a person/persons other than the BUYER, no responsibility can be attributed to the SELLER if the person/organization to be delivered refuses to accept the delivery.
5.4. The BUYER will inspect the goods/services subject to the contract before receiving them; they will not accept damaged and defective goods/services such as those that are dented, broken, or have torn packaging from the cargo company. The received goods/services will be deemed to be undamaged and sound.
5.5. For the delivery of the product subject to the contract, it is mandatory that the product price has been paid by the payment method preferred by the BUYER. If for any reason the product price is not paid or canceled in the bank records, the SELLER will be exempt from the obligation to deliver the product.
5.6. If, after delivery of the product, the BUYER's credit card is used unfairly or unlawfully by unauthorized persons for reasons not attributable to the BUYER's fault, and the relevant bank or financial institution does not pay the product price to the SELLER, the BUYER must send the product back 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 credit card holder used during the order are not the same person, or if a security vulnerability 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 submit identification and contact information of the credit card holder, the credit card statement for the previous month, or a letter from the card holder's bank confirming ownership of the credit card. The order will be frozen during the period until the BUYER provides the requested information/documents, and if these requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
5.8. If the SELLER cannot deliver the product subject to the contract within the specified period due to force majeure, adverse weather conditions preventing transportation, interruption of transportation, fire, earthquake, flood, or if it is understood that the product cannot be supplied for a justifiable reason, the SELLER is obliged to inform the BUYER of the situation. In this case, the BUYER may choose one of the following rights: to cancel the order, to replace the product subject to the contract with an equivalent if available, and/or to postpone the delivery period until the obstacle is removed. If the BUYER cancels the order, the amount paid will be refunded in the same manner it was paid. For payments made by the BUYER with a credit card, the product amount will be refunded to the relevant bank within a maximum of 10 (ten) days after the order is canceled by the BUYER. Since the reflection of this amount on the BUYER's accounts after it is returned to the bank is entirely related to the bank's transaction process, the BUYER acknowledges, declares, and undertakes that the SELLER cannot 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 responsibility of the SELLER, and no responsibility will be attributed to the SELLER regarding this process.
5.9. For international shipments, customs fees, which vary in amount determined by countries, are borne by the BUYER.
6- RIGHT OF WITHDRAWAL
6.1. In distance contracts regarding the sale of goods, the BUYER may exercise their right of withdrawal by rejecting the goods without any justification within 7 (seven) days from the date of delivery of the product to themselves or to the person/organization at the address they indicated. In distance contracts regarding the provision of services, this period starts from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the provision of service has started with the consumer's approval before the expiry of the right of withdrawal period. The expenses arising from the exercise of the right of withdrawal belong to the SELLER. To exercise the right of withdrawal, the notification of withdrawal to the SELLER must be made by the BUYER, in writing or via a permanent data carrier, within 7 (seven) days from the delivery of the goods, in accordance with the Regulation on Distance Sales Contracts. Therefore, the BUYER must request a return from the SELLER in writing to the address provided above, via the customer service hotline, 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 the 3rd party or the BUYER is delivered to the cargo company to be sent to the SELLER, the original invoice, with the return section filled in (if the invoice of the product to be returned is issued in the name of an institution, it must be returned together with the return invoice issued by the institution), must be sent to the SELLER by the BUYER within 10 (ten) days from the date the notification of withdrawal is made.
b) The SELLER is obliged to return the total amount and all documents that put the BUYER under debt to the BUYER within a maximum of 7 (seven) days from the date the withdrawal notification reaches them and the product is delivered with its invoice.
c) The returned products must be delivered complete and undamaged with their box, packaging, and standard accessories, if any.
d) If there is a decrease in the value of the goods due to the BUYER's fault or if return becomes impossible, the BUYER is obliged to compensate the SELLER for damages in proportion to their fault.
e) If the campaign limit amount organized by the SELLER is fallen below due to the exercise of the right of withdrawal, the discount amount benefited from within the scope of the campaign is canceled.
6.3. Refund amounts are reimbursed by the payment method used during the order. The rules of the relevant bank are reserved for credit card refunds.
6.4. For international returns, you can return the product via UPS, ensuring that the product and its packaging are not damaged, to the return address specified below, along with the dispatch note, invoice, or return/exchange card you received. Return costs and taxes paid upon entry to your country will be borne by the customer. "For international shopping returns, the shipping fee is borne by the customer and will be deducted from the amount to be refunded."
7- PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
7.1. In goods produced according to the special requests and demands of the BUYER, or personalized by making changes or additions, the BUYER cannot exercise the right of withdrawal. Furthermore, the BUYER cannot exercise the right of withdrawal for goods that, by their nature, cannot be returned, or are likely to spoil quickly or expire. Therefore, it is not possible to return goods prepared according to the BUYER's wishes or explicit personal needs, which are not suitable for return by their nature, such as underwear bottoms, swimsuits and bikini bottoms, make-up materials, disposable products, goods that are likely to spoil quickly or expire, and audio or video recordings, software programs, and computer consumables whose packaging has been opened by the BUYER, in accordance with the Regulation.
7.2. Cosmetic and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) can be returned if they are unopened, untried, undamaged and unused.
7.3. If the product requested for return by the BUYER is one of the products listed in articles 7.1. and 7.2. of this agreement, or if it does not meet the conditions specified in article 6.1., the SELLER will immediately inform the BUYER of this situation.
8- BUYER'S DEFAULT
The BUYER acknowledges, declares and undertakes that if they default on transactions made with their credit card, they will pay interest within the framework of the credit card agreement they have made with the cardholder bank and will be responsible to the bank. In this case, the relevant bank may resort to legal remedies; it may claim the resulting expenses and attorney's fees from the BUYER, and in any case, if the BUYER defaults on their debt, the BUYER acknowledges, declares and undertakes that they will pay the loss and damage incurred 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 application and interpretation of the Agreement, Consumer Arbitration Boards and Consumer Courts at the place where the BUYER purchased the goods or services and where their residence is located shall be authorized, up to the value announced by the Ministry of Science, Industry and Technology of the Republic of Turkey.
9.2. The SELLER may apply to the consumer arbitration committee or consumer court at the place where the goods or services were purchased or where the residence is located, within the monetary limits determined annually in December by the Ministry of Science, Industry and Technology of the Republic of Turkey, regarding complaints and objections. Information on the monetary limit is as follows:
Effective from 1/1/2020:
a) For disputes below 6,920 (six thousand nine hundred twenty) Turkish Liras, District Consumer Arbitration Committees are mandatory.
b) 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, Provincial Consumer Arbitration Committees are mandatory.
c) For disputes below 10,390 (ten thousand three hundred ninety) Turkish Liras in the centers of provinces without metropolitan status, Provincial Consumer Arbitration Committees are mandatory.
d) 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, Provincial Consumer Arbitration Committees are mandatory.
This Agreement is made for commercial purposes [Y.Y2].
10- MISCELLANEOUS AND FINAL PROVISIONS
10.1. The BUYER acknowledges, declares and undertakes that they have read 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 have provided the necessary confirmation electronically.
10.2. By confirming this agreement electronically, the BUYER confirms that they have obtained accurate and complete information regarding the address, basic characteristics of the ordered products, their prices including taxes, payment and delivery information, and information on the right of withdrawal, which must be provided by the Seller to the consumer before concluding distance contracts.
10.3. The SELLER is responsible for delivering the product subject to the contract in sound, complete, conforming to the characteristics specified in the order, and, where mandated by legislation, accompanied by warranty certificates and user manuals.
10.4. The BUYER accepts and undertakes to comply with legal regulations and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise shall be entirely and exclusively binding on the BUYER.
10.5. The BUYER may not use the SELLER's website in any way that disrupts public order, violates general morality, disturbs or harasses others, for an illegal purpose, or infringes upon the material and moral rights of others. Furthermore, members may not engage in activities that prevent or hinder others from using the services (spam, viruses, Trojan horses, etc.).
10.6. Links to other websites and/or other content not under the control of the SELLER and/or owned and/or operated by third parties may be provided on the SELLER's website. These links are provided for the convenience of the BUYER and do not endorse any website or the person operating that site, nor do they 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 agreement shall be personally responsible for such violation, criminally and legally, and shall hold the SELLER harmless from the legal and criminal consequences of these violations. Furthermore, in the event that this violation is referred to the legal sphere, the SELLER reserves the right to claim compensation from the member for non-compliance with this agreement.
11- EFFECTIVE DATE
If the payment for the order placed through the site is realized, the BUYER will be deemed to have accepted all terms of this Agreement. The SELLER is obliged to make software arrangements on the site to ensure that orders cannot be placed without the BUYER's confirmation that this Agreement has been read and accepted.
SELLER:
BUYER:
DATE:
[Y.Y1] If another method is to be specified for exercising the right of withdrawal, it should be explicitly stated here.
[Y.Y2] These limits should be updated annually with a letter from the Ministry of Trade.
