DISTANCE SALES AGREEMENT
- SIDES
This Agreement has been signed between the following parties within the framework of the terms and conditions set forth below.
BUYER:
A good or service to the "SELLER", who has created an account on the site (www.kiklou.com), declared personal information (such as name-surname, company information, telephone, address or e-mail addresses) and accepted the general provisions of the site. The natural or legal person requesting it through the website of the owner. Hereinafter referred to as "BUYER" in the contract.
SELLER
“Periyot İnovasyon Tekstil Anonim Şirketi / kiklou.com” will hereinafter be referred to as the “SELLER” in the contract.
By accepting this contract, the BUYER accepts in advance that if the subject of the contract approves the order, he will be under the obligation to pay the price of the order and the additional fees, if any, such as shipping fee and tax, and that he has been informed about it.
(In this Agreement, the Seller and the Buyer shall be referred to as the "Party" separately and together as the "Parties".)
- DEFINITIONS
In the application and interpretation of this contract, the terms written below shall express the written explanations against them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: Distance Contracts Regulation (OG:27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than the supply of goods made or promised to be made in return for a fee or benefit,
SELLER: A company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on behalf of the supplier,
BUYER: The natural or legal person who requests a good or service through the website of the "SELLER" in return for a price,
SITE: The e-commerce website of the "SELLER" (kiklou.com),
CUSTOMER: The natural or legal person who requests a good or service through the website of the SELLER,
PARTIES: "SELLER" and "BUYER",
AGREEMENT: This contract concluded between the "SELLER" and the "BUYER",
PRODUCT: It refers to underwear and similar goods to be sold under the brand name of Kiklou .
- THE SUBJECT OF THE CONTRACT
3.1 This Distance Sales Agreement ("Agreement") is the sale and delivery of the products ("Products") ordered electronically by the Buyer, whose detailed information is provided above, from the http://kiklou.com website ("Site") operated by the Seller. It regulates 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 published in the Official Gazette dated 27 November 2014 and numbered 29188.
3.2 The BUYER is informed about the basic characteristics of the goods or services subject to sale, sales price, payment method, delivery conditions and all preliminary information about the goods or services subject to sale, and the right of "withdrawal", confirms these preliminary information electronically, and then confirms the goods or services. accepts and declares that it has ordered services or services in accordance with the provisions of this Agreement. The Preliminary Information Form ("Preliminary Information Form") on the payment page of the http://www.kiklou.com site is an integral part of this contract.
- SELLER INFORMATION
Title: Periyot Innovation Textile Joint Stock Company / http:// kiklou.com
Address: BARBAROS MAH. BEGONYA SK. NIDAKULE ATASEHIR WEST 1 2 Ataşehir Istanbul TURKEY
E-Mail: hello @kiklou.com
4.1. INFORMATION OF THE PERSON TO BE DELIVERED
The personal information declared in the account information created by the BUYER on the site or the personal information declared for the sale without creating an account by the BUYER shall be taken as basis.
4.2. ORDERING PERSON INFORMATION
The personal information declared in the account information created by the BUYER on the site or the personal information declared for the sale without creating an account by the BUYER shall be taken as basis.
- CONTRACT SUBJECT PRODUCT/PRODUCTS INFORMATION
5.1. The basic features of the Good/Product/Products/Service (type, quantity, brand/model, color, quantity, content) are published on the website of the SELLER. If the campaign is organized by the SELLER, you can review the basic features of the relevant product during the campaign. Valid until the campaign date.
5.2. The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.
5.3. The SELLER has the right to change the announced prices listed on the site at any time.
5.4. The BUYER may pay the shipping cost for the delivery cost, within the conditions determined on the SELLER's website for the product/service they have purchased.
- BILLING INFORMATION
The personal information declared in the account information created by the BUYER on the site or the personal information declared for the sale without creating an account by the BUYER shall be taken as basis. The invoice will be sent to the e-mail address declared by the BUYER as an e-invoice.
- GENERAL PROVISIONS
7.1. The BUYER accepts, declares and undertakes that he has read the preliminary information about the basic characteristics, sales price, payment method and delivery of the product subject to the contract on the website of the SELLER and that he is informed and gives the necessary confirmation in the electronic environment. of the BUYER; The SELLER accepts, declares and undertakes that it has obtained the basic features of the ordered products, the price of the products including taxes, payment and delivery information, which must be given to the BUYER, in an accurate and complete manner.
7.2. Each product subject to the contract is delivered to the "BUYER" or the person and/or organization at the delivery address specified by the BUYER, within the period specified on the site, depending on the distance from the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
7.3. If the product is to be delivered to a person/organization other than the BUYER, the Seller cannot be held responsible if the person/organization to be delivered does not accept the delivery.
7.4. The SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, information and documents, if any, free from all kinds of defects, in accordance with the requirements of legal regulations, in accordance with the standards, within the principles of honesty and integrity. It accepts, declares and undertakes to perform, to maintain and increase the quality of service, to show the necessary care and attention during the performance of the work, to act with prudence and foresight.
7.5. The SELLER may supply a different product with equal quality and price, by informing the BUYER and by obtaining its explicit approval, before the contractual performance obligation expires.
7.6. If the SELLER fails to fulfill its contractual obligations in the event that the fulfillment of the product or service subject to the order becomes impossible, it will notify the consumer in writing via e-mail within 3 days from the date of learning, and will return the total price to the BUYER within 14 days. commits.
7.7. The BUYER accepts, declares and undertakes that he/she will confirm this contract electronically for the delivery of the product subject to the contract, and if the contract product price is not paid for any reason and/or is canceled in the bank records, the SELLER's obligation to deliver the contract product will end.
7.8. After the delivery of the product subject to the contract to the person and/or organization at the address indicated by the BUYER or the BUYER, as a result of the unfair use of the BUYER's credit card by unauthorized persons, if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution. It accepts, declares and undertakes that it will return it to the SELLER within 3 days at the expense of the BUYER.
7.9. The SELLER accepts, declares and undertakes to notify the BUYER if the product subject to the contract cannot be delivered within the period due to force majeure situations such as the occurrence of unforeseen circumstances that prevent and / or delay the fulfillment of the debts of the parties, which are beyond the will of the parties. The BUYER also has the right to demand from the SELLER the cancellation of the order, the replacement of the product subject to the contract with its precedent, if any, and/or the postponement of the delivery period until the obstacle is removed. In case the order is canceled by the BUYER, the product amount in the payments made by the BUYER by credit card is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER may take 2 to 3 weeks on average for the amount returned to the credit card by the SELLER to be reflected to the BUYER's account by the bank. accepts, declares and undertakes that it cannot be held responsible.
7.10. Communication, marketing, notification and communication via letter, e-mail, SMS, telephone call and other means of the SELLER's address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated by him later. has the right to reach the BUYER for other purposes. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities.
7.11. The BUYER shall inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
7.12. 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 shall provide the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the order. or request the BUYER to submit a letter from the bank of the card holder stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the aforementioned demands are not met within 24 hours, the SELLER has the right to cancel the order.
7.13. The BUYER declares and undertakes that the personal and other information provided while subscribing to the website belonging to the SELLER are true, and that the SELLER will immediately, in cash and in advance, indemnify all damages incurred by the SELLER due to the inaccuracy of this information, upon the SELLER's first notification.
7.14. The BUYER accepts and undertakes in advance to comply with the provisions of the legal legislation and not to violate them when using the website of the SELLER. Otherwise, all legal and penal liabilities that may arise will bind the BUYER completely and exclusively.
7.15. The BUYER may not use the SELLER's website in any way that disrupts public order, violates general morality, disturbs and harass others, for an unlawful purpose, infringing on the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
7.16. On the website of the SELLER, links 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 may be provided. These links are provided for the purpose of providing ease of orientation to 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.
7.17. Only the product or products within the campaign will be exchanged for the product with the campaign. If it is desired to make changes within the product or products that are not campaigned, the product/products remaining in the Customer will be evaluated with the seasonal price, since the subject will not be within the scope of the campaign, and the remaining amount will be changed from the non-campaign category.
7.18. It is obligatory to send all the products included in the campaign purchased by the Customer to the Seller in the process of returning the product with the campaign. If only one product has been sent to the Seller for the return of the campaign product or products; Since the campaign will be covered, the remaining product will be evaluated with the seasonal price and the remaining amount will be refunded.
7.19. The member who violates one or more of the articles listed in this contract will be personally and criminally responsible for this violation and will keep the SELLER free from the legal and penal consequences of these violations. Moreover; In the event that the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member due to non-compliance with the membership agreement.
- RIGHT OF WITHDRAWAL
8.1. BUYER; It has the right to withdraw and make changes without having to show any reason within 14 (fourteen) days from the delivery of the Product or Products to the delivery address specified in this Agreement.
8.2. In order to exercise the right of withdrawal, the Seller must be notified by telephone or e-mail within 14 (fourteen) days and the Product or Products requested to be returned have not been used in accordance with the provisions of Article 6 of this Agreement and can be offered for resale by the Seller. it must be. In case of exercising the right of withdrawal:
a) The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoice is issued on behalf of the institutions cannot be completed unless a return invoice is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, together with the box, packaging, and standard accessories, if any.
8.3. The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest after the notification of withdrawal and the items listed in article 8.2 are received , and to return the goods within 20 days.
8.4. If there is a decrease in the value of the goods due to the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's losses at the rate of the BUYER's fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the goods or products within the period of the right of withdrawal.
8.5. In case of falling below the campaign limit amount 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.
9. RIGHT OF WITHDRAWAL
Due to hygiene rules, there are no refunds or exchanges on bottom underwear products.
10. CASE OF DEFERRED AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that he will pay interest and be liable to the bank within the framework of the credit card agreement between the cardholder bank and the bank in case of default in the case of making the payment transactions with a credit card. In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the BUYER, and in any case, if the BUYER defaults due to its debt, the BUYER accepts, declares and undertakes that he will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.
- FORCE MAJEURE
11.1. Circumstances that do not exist or are not foreseen at the date of signing of the contract, develop beyond the control of the parties, and that 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, force majeure (natural disaster, war , terrorism, insurrection, changing legislation provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.). The party in the person of force majeure shall notify the other party immediately and in writing.
11.2. During the continuation of the force majeure, the parties will not be liable for any failure to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally.
- AUTHORIZED COURT
In disputes arising from this contract, Consumer Arbitration Committees and Consumer Courts and Enforcement Offices in the Customer's settlement are authorized up to the value announced by the Ministry of Industry and Trade.
13. EFFECTIVENESS
When the BUYER makes the payment for the order placed on the site, it is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is fulfilled.
SELLER: Periyot Innovation Textile Joint Stock Company / kiklou.com
BUYER:
DATE: