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ARTICLE 1 - PARTIES
1.1. SELLER:
Name/Title: Kalecnc
Address: Mimar Sinan Mah. Uskudar Cad. Yedpa San. site H:2 P:1 No:51 Atasehir Istanbul Turkey
Phone : +90 534 573 8007
ARTICLE 2 - SUBJECT
The subject of this contract is the "Law on the Protection of Consumers No. 4077" and "Distance Contracts Implementation Procedures and Principles" regarding the sale and delivery of the product, whose qualities and sales price are specified below, which the BUYER has ordered electronically from the "Kalecnc" internet shopping site belonging to the SELLER. It is the determination of the rights and obligations of the parties in accordance with the provisions of the "Regulation on
Article 3: DELIVERY OF THE PRODUCT, PLACE OF CONTRACT AND DELIVERY METHOD
3.2. Payment Method: Payment by Wire Transfer / EFT
3.3. On the other hand, due to the fact that the forward sales are made only with the credit cards of the Banks, the buyer will confirm the relevant interest rates and the information about the default interest separately from the bank, and that the provisions related to interest and default interest will 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. accepts, declares and undertakes.
Credit card Return Procedure:
In cases where the buyer uses his right of withdrawal, or the product subject to the order cannot be supplied for various reasons, or in cases where the decision of the arbitral tribunal is decided to refund the consumer, the procedure for returning to the credit card is given below:
If our customer bought the product in installments, the Bank pays the customer back in installments. After the Kalecnc bank pays the entire product price in one go, in the event that the installment expenditures made from the Bank's POS are returned to our Customer's credit card, the requested refund amounts are again paid in installments so that the parties involved do not become victims. The amount of installments paid by the customer until the cancellation of the sale, if the date of return and the account cut-off dates of the card do not coincide, 1 refund will be reflected on the card every month and the installments paid by the customer before the return are as many as the number of installments paid before the return, after the sales installments are over. more receivables and will be deducted from existing debts.
In case of the return of goods and services purchased with a card, Kalecnc cannot pay the Customer in cash as per the contract it has made with the Bank. In the event of a return transaction, Kalecnc will make the refund through the relevant software, and the Member workplace, namely Kalecnc, will pay the relevant amount in cash or to the Bank. In accordance with the procedure we have explained above, the Customer cannot be paid in cash. The refund to the credit card will be made by the Bank in accordance with the above procedure, after Kalecnc pays the amount to the Bank at once.
The buyer acknowledges and undertakes that he has read and accepted this procedure.
3.4- Delivery Method and Address:
Delivery Address : Mimar Sinan Mah. Uskudar Cad. Yedpa San. site H:2 P:1 No:51 Atasehir Istanbul Turkey
Delivery Person: Kerim Kalelioğlu
Invoice Address: Mimar Sinan Mah. Uskudar Cad. Yedpa San. site H:2 P:1 No:51 Atasehir Istanbul Turkey
The delivery will be hand-delivered at the Buyer's address specified above via the courier company. Even if the buyer is not at the address at the time of delivery, the SELLER will be deemed to have fulfilled its performance fully and completely. For this reason, all kinds of damages arising from the late delivery of the product by the buyer and the expenses incurred due to the product waiting in the cargo company and / or the return of the cargo to the SELLER belong to the BUYER.
Cargo Fee: Cargo price is added to the total amount of the order and paid by the customer. It is not included in the product price.
ARTICLE 4 - GENERAL PROVISIONS
4.1. The BUYER, on the "Kalecnc" website, "information form" prepared in accordance with the provisions of the "Law No. 4077" and "Regulation on Implementation Procedures and Principles Regarding Door-to-door Sales" and the basic characteristics of the product/products/services subject to the contract, which are also specified in the 3rd article of the contract. declares that he has read all the preliminary information about the sales price and payment method and the delivery and has given the necessary confirmation in electronic environment.
4.2. The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated in the preliminary information on the website, depending on the distance of the BUYER's residence for each product, provided that it does not exceed the legal 30-day period.
4.3. If the product subject to the contract 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.
4.4. The SELLER is responsible for the delivery of the contracted product in a solid, complete manner, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.
4.5- For the delivery of the product subject to the contract, the signed copy of this contract must be delivered to the SELLER and the price must be paid in the form of payment preferred by the BUYER. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.
4.6- In case the relevant bank or financial institution fails to pay the product price to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons, not due to the BUYER's fault, after the delivery of the product, provided that the product has been delivered to the BUYER. It must be sent to the SELLER within 3 days. In this case, the shipping costs belong to the BUYER.
4.7- Defective or defective products of the products sold with or without warranty certificate can be sent to the SELLER for the necessary repair to be made by the authorized service within the (defective) warranty conditions, in which case the shipping costs will be covered by the SELLER.
ARTICLE 5 - RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw within 7 days from the delivery of the product subject to the contract to himself or the person/organization at the address indicated. In order to exercise the right of withdrawal, the SELLER must be notified by fax, email or telephone within this period and the product must not be used within the framework of the provisions of Article 6. In case this right is exercised, it is obligatory to return the original invoice with a copy of the cargo delivery report stating that the product delivered to the 3rd person or the BUYER has been sent to the SELLER. The product price is returned to the BUYER within 7 days following the receipt of these documents. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned. The shipping cost of the product returned due to the right of withdrawal is covered by the SELLER.
We undertake that the consumer has the right to withdraw from the contract by refusing the goods or services within seven days from the date of receipt of the goods or the signing of the contract without any legal or criminal liability and without giving any reason, and to take back the goods from the date the withdrawal notification reaches the seller or supplier.
In accordance with the general communiqué of the tax procedure law no. 385, in order for the refund to be processed, the relevant sections of the invoice that we have sent to you, which includes the return section, must be filled in completely and sent back to us together with the product after it has been signed.
However, since our customers do not pay VAT in their orders in the TRNC and abroad, they are obliged to pay the taxes of the products they have received at the customs. Customers do not have the right of withdrawal for the products that are not received from the customs in any way. Because, pursuant to Article 8 of the REGULATION ON DISTANCE CONTRACTS APPLICATION PROCEDURES AND PRINCIPLES, the Consumer has the right to withdraw from the contract by rejecting the goods, without taking any legal or criminal responsibility and without giving any reason, within seven days from the date of receipt of the distance contracts regarding the sale of goods.
ARTICLE 6 - PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
The right of withdrawal cannot be exercised for products that cannot be returned due to their nature, disposable products, and products whose expiration date has passed. The use of the right of withdrawal in the following products is subject to the condition that the packaging of the product is unopened, intact and the product has not been used.
- Herbal Tablet Products
- Products that cannot be returned due to their nature (except in cases where the product is defective or defective, products that may pose a health hazard after opening, for example: products that require one-to-one contact with the body during use (), disposable products, products that deteriorate quickly or expire, and return is not possible.
ARTICLE 7- PROVISIONS OF DEFAULT
In the event that the parties fail to fulfill their obligations under this contract from their resources, the provisions of the Debtor's Default in Articles 106-108 of the Code of Obligations shall apply. In cases of default, if any party fails to fulfill its obligations without a justifiable reason, the other party will give the non-performing party a period of 7 days for the performance of the said act. In the event that it is fulfilled within this period, the party that does not fulfill its performance will be deemed to be in default and the creditor has the right to demand the delivery of the goods, and/or the termination of the contract and the refund of the price by demanding the performance of the performance.
Pursuant to the last paragraph of the 9th article of the Regulation on Distance Contracts, the seller "Kalecnc", claiming that it is impossible to fulfill the ordered goods or services (in case the product cannot be supplied from the supplier Company in any way), cannot fulfill its contractual obligations, this situation before the expiry of the contractual performance obligation. In this case, Kalecnc has the right to terminate the contract immediately and undertakes to return the price of the product ordered by the Customer and all documents that put him under debt, if any.
If "Kalecnc" cannot deliver the product subject to the contract in due time due to force majeure that may prevent "Kalecnc" from fulfilling its obligation or extraordinary events such as weather conditions that prevent transportation, interruption of transportation, fire, earthquake, flood, In such cases, the Buyer, "Kalecnc" has no responsibility, can use one of the rights to cancel the order or delay the delivery time until the obstacle disappears. If the BUYER cancels the order, the amount paid is paid to him within 10 days.
ARTICLE 8 - AUTHORIZED COURT
In the implementation of this contract, Consumer Arbitration Committees and Consumer Courts in the BUYER's or SELLER's settlement are authorized up to the value declared by the Ministry of Industry and Trade.
In the event that the order is fulfilled, the BUYER is deemed to have accepted all the terms of this contract.