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Legal notice

Distant Sales Agreement

Article 1- Parties

 

1.1. SELLER

Company Name:KAANB KONFEKSİYON MÜMESSİLLİK TİCARET LTD.ŞTİ

Address: ORUÇ REİS MAH. GİYİMKENT CAD. AVEK PLAZA NO:2 KAT 4 ESENLER 34235 İSTANBUL

Phone: 0 212 438 22 81

Email: info@turkan.com.tr

 

1.2. BUYER

Name – Surname/TC.No:

Address:

Phone:

 

In accordance with the NOTIFICATION LAW 7/A, I request that the notification to be made to me be made to my................e-mail address.

 

Article 2- Subject

 

This Distance Sales Agreement (“Agreement”), including the applications on the mobile device of the BUYER, is the sale of the following Products or Services ("Product/Products") that the BUYER wishes to purchase via the SELLER's turkan.com.tr. It regulates the rights and obligations of the parties by the provisions of Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts about delivery and other issues.

 

The BUYER has approved this Agreement by clicking on the Website, and the price and expenses of the Products ordered are collected by the payment method chooses.

 

BUYER, SELLER's name, title, full address, telephone, and other access information, basic qualities of the goods subject to sale, sales price including taxes, payment method, delivery conditions, costs, etc. All preliminary information about the goods subject to sale and the use of the right of "withdrawal" and how to use this right, the official authorities to which they can submit their complaints and objections, etc. The SELLER accepts and declares that he/she has been informed, clearly, and by the internet environment, that he/she has confirmed this preliminary information in an electronic environment and then ordered the goods by the provisions of this contract.

 

The preliminary information on https://www.turkan.com.tr and the invoice issued on the order given by the BUYER are integral parts of this contract.

 

Article 3- Contractual Product/Payment/Delivery Information

The type and type, quantity, brand/model, sales price, payment method, delivery person, delivery address, invoice information, a shipping fee of the product/products purchased electronically are as follows.

 

The person to be invoiced and the person making the contract must be the same. The information below must be correct and complete. The BUYER accepts to fully cover the damages that may arise from the situations where this information is not correct or incomplete, and also the BUYER accepts any responsibility that may arise from this situation.

 

The SELLER reserves the right to stop the order when it deems necessary when the information given by the BUYER does not match the reality.

 

In cases where the SELLER detects a problem in the order if the BUYER cannot reach the BUYER from the telephone, e-mail, and postal addresses given by the BUYER, it freezes the execution of the order for 15 (fifteen) days. The BUYER is expected to contact the SELLER regarding the issue during this period. If no response is received from the BUYER within this period, the SELLER cancels the order so that both parties are not harmed.

 

Received Product/Products

 

Name, Code: … pcs

Total Sales Price : …. -TL

Payment Method: Credit Card/Bank Transfer (EFT)

Person to be delivered:

Phone number :

Delivery Address :

Person/Institution to be Invoiced:

Billing address :

Tax Administration :

Tax Registration Number:

Shipping Fee: … -TL

 

Article 4- Contract Date and Force Majeure

 

The contract date is ../../…, which is the date the order is by the BUYER.

 

Conditions that do not exist or are not foreseen at the date of signing the contract, develop beyond the control of the parties, and which make it impossible for one or both of the parties to partially or completely fulfill their obligations and responsibilities assumed by the contract, or to fulfill them on time, shall be considered as force majeure. (Natural disaster, war, terrorism, riot, epidemic, coup, changing legislation provisions, seizure or stroke, lockout, significant malfunction in production and communication facilities, etc.) The contracting party affected by force majeure shall immediately notify the other party in writing of the situation.

 

During the continuation of the force majeure, the parties shall not be liable for failure to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party shall have the right to terminate unilaterally.

 

Article 5- Rights and Obligations of the SELLER

 

5.1. The SELLER accepts and undertakes to fulfill the obligations imposed on it in the contract, except for force majeure, in accordance with the provisions of the Law on the Protection of Consumers No. 4077 and the Regulation on Distance Contracts.

 

5.2. Persons under the age of 18 (eighteen) cannot shop from https://www.turkan.com.tr. The SELLER shall base the BUYER's age specified in the contract as correct. However, the SELLER cannot be held responsible in any way due to the BUYER's incorrect writing of his age.

 

5.3. www.turkan.com.tr is not responsible for price errors caused by system errors. Accordingly, the SELLER is not responsible for the promotion and price errors that may arise due to the system, design, or illegal interventions on the website. The BUYER cannot claim from the SELLER based on system errors.

 

5.4. You can shop at https://www.turkan.com.tr by credit card (Visa, MasterCard, etc.) or bank transfer. Orders that are not transferred within one week from the order date shall be canceled. The processing time of orders is not the moment the order is placed, but the moment when the necessary collection is made from the credit card account or the transfer (EFT) reaches the bank accounts. Payment methods made without contacting customer services, such as cash on delivery or postal check, are not accepted.

 

Article 6- Rights and Obligations of the BUYER

 

6.1. The BUYER accepts and undertakes to fulfill the obligations imposed on him/her in the contract, except for force majeure.

 

6.2. The BUYER accepts and undertakes that by placing an order, he/she is deemed to have accepted the terms of the employment contract and shall make the payment by the payment method specified in the contract.

 

6.3. The BUYER, on the website https://www.turkan.com.tr, the name, title, full address, telephone and other access information of the SELLER, the basic characteristics of the goods subject to sale, the sales price including taxes, payment method, delivery conditions and expenses etc. All preliminary information about the goods subject to sale and the use of the right of "withdrawal" and how to use this right, the official authorities to which they can submit their complaints and objections, etc. He/she accepts and declares that he/she has clear, understandable and appropriate information on the subject of the internet and confirms this preliminary information in electronic environment.

 

6.4. Under the previous article, the BUYER reads and is informed about the order/payment/use procedure information of https://www.turkan.com.tr, which includes product order and payment conditions, product usage instructions, precautions taken against possible situations and warnings made. Declares that it has given the necessary confirmation in the environment.

 

6.5. The BUYER accepts and undertakes not to damage the product and its packaging under any circumstances, and to return the original invoice and delivery note at the time of return, in case wishes to return the product he/she has purchased.

 

Article 7- Order/Payment Procedure

 

Order:

 

The TL amount of the products added to the shopping cart including taxes (VAT) (total installment amounts in installment transactions) is processed through the POS of the relevant bank card after approval by the BUYER.

 

Therefore, orders are not shipped.

First, an order confirmation e-mail is sent to the customer. No shipment can be made before the Order Confirmation e-mail is sent.

 

Any disruption in the process or problems that may arise regarding the credit card are notified to the BUYER by using one or more of the telephone/fax/e-mail ways specified in the contract. If necessary, the BUYER may be asked to contact his/her bank. The processing time of the orders is not the moment the order is placed, but the moment when the necessary collection is made from the credit card account or the transfer (EFT) reaches the SELLER accounts.

 

If it is understood that the contractual good cannot be supplied for an exceptionally justified reason and/or a stock problem is encountered, if the BUYER is immediately and informed and approved, another good can be sent to the BUYER with equal quality and price, or in line with the BUYER's desire and choice; a new product may be sent, it may be expected that the product shall be in stock or the other obstacle preventing delivery shall be removed, and/or the order may be canceled.

 

In cases where it becomes impossible to fulfill the obligation to deliver the goods subject to the contract, the BUYER is notified of this situation via e-mail within three days from the date the SELLER or the supplier learns about this situation, and the total price paid and any document that puts him/her under debt, if any, shall be sent to him/her within fourteen days at the latest. a contract is canceled. In such a case, the BUYER shall not claim any additional material and moral damages from the SELLER.

 

Payment:

At https://www.turkan.com.tr, buyers who do not want to use their credit card information on the internet are offered the opportunity to order by cash transfer. In payment by wire transfer, the BUYER can choose the bank most suitable for him/her and make the transfer. If EFT is made, the date of transfer to the account shall be taken into account.

 

If the relevant bank or financial institution fails to pay the price of the product to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons after the delivery of the product, not due to the BUYER's fault, the BUYER's product delivered to the SELLER within 10 days. It is mandatory to send to. In such cases, the transportation costs belong to the BUYER.

 

If the BUYER has chosen to pay by credit card, the BUYER accepts that he/she shall confirm the relevant interest rates and default interest separately from his/her bank and that the provisions regarding interest and default interest shall be applied within the scope of the "Credit Card Agreement" between the Bank and the BUYER, in accordance with the provisions of the legislation in force, declares and undertakes.

 

Article 8- Shipping/Delivery Procedure

 

Shipment:

With the sending of the order confirmation mail, the product/products are given to the cargo company with which the SELLER has an agreement.

 

Delivery:

The product/products shall be delivered to the BUYER's address with the SELLER's contracted cargo. The delivery time is 30 days from the sending of the Order confirmation mail and the conclusion of the contract. This period can be extended for a maximum of ten days, provided that the BUYER is notified in writing or with a continuous data carrier.

 

The products are sent to the regions where the cargo companies do not deliver to the address by telephone notice.

 

In regions where the Cargo Company delivers once a week, there may be a delay in the specified day in cases such as inaccuracies or deficiencies in the shipping information, some social events, and natural disasters. The BUYER cannot impose any responsibility on the SELLER due to these sags. If the product is to be delivered to a person/organization other than the BUYER, the SELLER is not responsible for the extra shipping costs that may arise from the person/organization not accepting the delivery, inaccuracy in the shipping information, and/or the BUYER's absence.

 

If the product/products did not reach the customer within the specified days, delivery problems should be reported to the customer services immediately by using the info@turkan.com.tr e-mail address.

 

In case of damaged packages, the damaged packages should not be received and a report should be made to the Cargo Company official. If the Cargo Company representative is of the opinion that the package is not damaged, the BUYER has the right to open the package there and have the products checked that they were delivered undamaged and to request that the situation be determined with a report. After the package is received by the BUYER, it is accepted that the Cargo Company has fully fulfilled its duty.

 

If the package is not accepted and a report is kept, the situation must be reported to the SELLER's Customer Service within 7 days at the latest, with the copy of the report remaining with the BUYER.

 

Article 9- Procedure for Product Return and Right of Withdrawal

 

Product Returns:

The BUYER has the right to withdraw from the contract within fourteen days after receiving the goods, without giving any reason and without paying any penalty. Pursuant to the general communiqué of the tax procedure law numbered 385, the BUYER must fill in the return sections at the bottom of the 2 invoices of the SELLER delivered with the goods completely and correctly, sign, and send one copy to the SELLER together with the product, in order for the return to be processed. must be kept in his/her custody.

 

The right of withdrawal period starts from the day the goods are delivered to the BUYER. If the return method of the returned product or products does not comply with the conditions determined by the SELLER, the return cost is borne by the BUYER.

 

There is no right of withdrawal for the goods prepared in line with the Buyer's wishes and/or his/her personal needs and for the exceptions in Article 15 of the DISTANCE CONTRACTS REGULATION.

 

In the event that the BUYER exercises its right of withdrawal, the SELLER shall return the total amount received within fourteen days at the latest after the receipt of the invoice containing the withdrawal notification, together with the unopened product, and any documents that put the consumer in debt, without incurring any expense to the consumer.

 

The decrease in the value of the received goods or the existence of a reason that makes the return impossible do not prevent the use of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the fault of the consumer, the SELLER must compensate the value or decrease in the value of the goods.

 

The general return period for any product purchased inadvertently is 7 days. Within this period, the return of products that have been opened, used, destroyed, etc. shall not be accepted. Returns must be made with the original packaging.

 

In cases where any opening, deterioration, breakage, destruction, tearing, use and other conditions are detected in the product and its packaging inadvertently received, and if the product cannot be returned by the BUYER as it was when it was delivered to the BUYER, the product shall not be returned and the price shall not be refunded.

 

For product return, the situation should be reported to customer service first. The information about sending the product as a return is sent to the customer by the SELLER. After this meeting, the product should be delivered to the SELLER, together with the invoice containing the information about the return, via the cargo company that made the delivery to the BUYER's address. If the returned product reaches the SELLER, it is accepted as a return if it meets the conditions specified in this contract; The refund is made to the BUYER's credit card/account. No refund shall be made until the product is returned. The time of reflection of refunds to credit card accounts on credit card accounts is at the discretion of the relevant bank.

 

If the purchase is made with a credit card and in installments, the credit card return procedure shall be applied as follows: If the BUYER has sent the purchase request for the product in installments, the Bank makes the repayment to the BUYER in installments. After the SELLER pays the entire product price to the bank at once, in the event that the installment expenditures made from the Bank's POS are returned to the BUYER's credit card, the requested refund amounts are transferred by the Bank to the bearer's accounts in installments so that the parties involved do not become victims. The installment amounts paid by the BUYER until the cancellation of the sale, if the return date and the card's account cut-off dates do not coincide, 1 (one) refund shall be reflected on the card each month, and the BUYER shall pay the installments paid before the return for another month, after the installments of the sale are over, equal to the number of installments he/she has paid before the return. receivables and shall be deducted from existing debts.

 

In the event of the return of goods and services purchased with a card, the SELLER cannot pay the BUYER in cash in accordance with the contract it has made with the Bank. In the event of a return transaction, the member workplace, namely the SELLER, shall make the refund via the relevant software, and since the member workplace (SELLER) is obliged to pay the relevant amount to the Bank in cash or on credit, the BUYER cannot be paid in cash in accordance with the procedure detailed above. The refund to the credit card shall be made by the Bank in accordance with the above procedure, after the BUYER has paid the amount to the Bank at once.

 

Article 10 - Confidentiality

 

The information was given by the BUYER to the SELLER for payment with the information specified in this contract, without prejudice to the 20th article of the DISTANCE SALES AGREEMENT, except for the deliveries to be made by the courier company for the delivery of the products to the BUYER, by the SELLER to third parties. shall not be shared.

 

The SELLER shall only be able to disclose this information within the framework of the existence of an administrative/legal obligation. If the SELLER has the requested information within the scope of any judicial investigation with documented research capacity, it can provide it to the relevant authority.

 

Credit Card information is never stored. Credit Card information is only securely transmitted to the relevant banks during the collection process and used for provisioning and is deleted from the system after provision.

 

Information such as e-mail address, postal address, and telephone belonging to the BUYER is only used by the SELLER for standard product delivery and information procedures. In some periods, campaign information, information about new products, promotional information may be sent to the BUYER after its approval.

 

Article 11- Authorized Courts and Enforcement Offices in Case of Dispute

 

In case of dispute arising from the implementation of this contract, Consumer Arbitration Committees and Istanbul Consumer Courts in the SELLER's residence are authorized up to the value announced by the Ministry of Industry and Trade in December every year.

 

If the order is realized, the BUYER is deemed to have accepted all the terms of this contract…./../…

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