Distance Sales Agreement
1. PARTIES
This Agreement has been signed between the parties below within the terms and conditions specified below.
'BUYER' ; (hereinafter referred to as "BUYER" in the agreement)
The person who is a member of the www.kloshmoda.com shopping site as a customer or who shops without being a member.
The name, address, and contact information used during membership registration or shopping without membership are taken as a basis.
'SELLER' ; (hereinafter referred to as "SELLER" in the agreement)
TITLE: Klosh moda limited company
By accepting this agreement, the BUYER acknowledges in advance that if they approve the order subject to the agreement, they will be obliged to pay the price of the ordered product and any additional fees such as shipping costs, taxes, and that they have been informed about this matter.
2. DEFINITIONS
In the application and interpretation of this agreement, the terms written below shall express the written explanations opposite them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: The Consumer Protection Law No. 6502,
REGULATION: The Distance Contracts Regulation (Official Gazette: 27.11.2014/29188)
SERVICE: The subject of all consumer transactions other than providing goods, carried out or promised to be carried out for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf or account of the provider,
BUYER: The real or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The internet site belonging to the SELLER,
ORDERER: The real or legal person who requests a good or service through the SELLER's internet site,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This agreement concluded between the SELLER and the BUYER,
GOODS: Refers to movable property subject to purchase and sale, and intangible goods such as software, audio, video, and similar items prepared for use in an electronic environment.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts, regarding the sale and delivery of the product whose qualities and sales price are specified below, and which the BUYER ordered electronically through the SELLER's website.
The prices listed and announced on the site are sales prices. The announced prices and promises are valid until updated and changed. Prices announced for a limited period are valid until the end of the specified period.
4. SELLER INFORMATION
Title: Klosh Moda Limited Company
Phone: 0 505 993 35 62
Email: info@kloshmoda.com
5. BUYER INFORMATION
The person who is a member of the www.kloshmoda.com shopping site as a customer or who shops without being a member.
The address and contact information used during membership registration or shopping without membership are taken as a basis.
6. ORDERING PERSON INFORMATION
The person who is a member of the www.kloshmoda.com shopping site as a customer or who shops without being a member.
The address and contact information used during membership registration or shopping without membership are taken as a basis.
7. INFORMATION ON THE PRODUCT/PRODUCTS SUBJECT TO THE AGREEMENT
7.1. The main features of the goods/products/services (type, quantity, brand/model, color, number) are published on the SELLER's website. If the seller has organized a campaign, you can examine the main features of the relevant product during the campaign period. The campaign is valid until the specified date.
7.2. The prices listed and announced on the site are sales prices. The announced prices and promises are valid until updated and changed. Prices announced for a limited period are valid until the end of the specified period.
7.3. The sales price of the good or service subject to the contract, including all taxes, is shown below.
Product Description
Quantity
Unit Price
Subtotal
(VAT Included)
Shipping Cost
Total:
Payment Method and Plan
Delivery Address
Person to be delivered to
Invoice Address
Order Date
Delivery Date
Delivery Method
The information specified in this article becomes clear according to the order given by the BUYER.
7.4. The shipping cost, which is the product shipment expense, will be paid by the BUYER.
8. INVOICE INFORMATION
The address and contact information used during membership registration or shopping without membership are taken as a basis.
Invoice delivery: The invoice will be delivered to the invoice address along with the order during order delivery.
will be delivered.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares, and undertakes that they have read the preliminary information regarding the basic characteristics, sales price, payment method, and delivery of the product subject to the agreement on the SELLER's website, and has gained knowledge, and has given the necessary confirmation electronically. The BUYER accepts, declares, and undertakes that by confirming the Preliminary Information electronically, they have obtained accurate and complete information about the address to be provided to the BUYER by the SELLER before the establishment of the distance sales agreement, the basic features of the ordered products, the prices of the products including taxes, and the payment and delivery information.
9.2. Each product subject to the contract shall be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of 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.
9.3. The SELLER accepts, declares and undertakes to deliver the product subject to the Contract completely, in accordance with the specifications stated in the order, and with warranty documents, user manuals, and information and documents required by the job, free from any defects, in a solid manner in accordance with legal regulations and standards, to perform the work with accuracy and honesty, to maintain and improve service quality, to show due diligence during the performance of the work, and to act with caution and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit consent before the expiration of the performance obligation arising from the contract.
9.5. If the SELLER cannot fulfill its contractual obligations due to the impossibility of providing the product or service subject to the order, it accepts, declares, and undertakes to notify the consumer in writing within 3 days from the date it learns of this situation and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER accepts, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that if the price of the product subject to the Agreement is not paid and/or canceled in the bank records for any reason, the SELLER's obligation to deliver the product subject to the Agreement will cease.
9.7. The BUYER accepts, declares and undertakes that if the credit card belonging to the BUYER is used unfairly by unauthorized persons after the delivery of the product subject to the contract to the BUYER or the person and/or organization at the address indicated by the BUYER, and the relevant bank or financial institution does not pay the price of the product subject to the contract to the SELLER, the BUYER will return the product subject to the contract to the SELLER within 3 days, with the shipping costs borne by the SELLER.
9.8. If the SELLER cannot deliver the product subject to the contract within the stipulated time due to force majeure events such as unforeseen circumstances beyond the parties' control, which prevent and/or delay the parties from fulfilling their obligations, it accepts, declares and undertakes to notify the BUYER of the situation. The BUYER also has the right to request from the SELLER the cancellation of the order, the replacement of the product subject to the contract with an equivalent one if available, and/or the postponement of the delivery period until the hindering situation is eliminated. If the BUYER cancels the order, in case of payments made by cash, the product amount is paid back to them in cash and in one lump sum within 14 days. In case of payments made by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares, and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and since the reflection of this amount in the BUYER's accounts after its refund to the bank is entirely related to the bank's transaction process, the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to contact the BUYER for communication, marketing, notification, and other purposes through letters, e-mails, SMS, phone calls, and other means, using the address, e-mail address, fixed and mobile phone lines, and other contact information provided by the BUYER in the registration form or updated by them later. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the communication activities mentioned above directed at them.
9.10. The BUYER will inspect the good/service subject to the contract before taking delivery; they will not accept damaged or defective goods/services from the cargo company, such as those that are dented, broken, or have torn packaging. The received good/service will be deemed undamaged and sound. The responsibility for carefully protecting the good/service after delivery belongs to the BUYER. If the right of withdrawal is exercised, the good/service must not have been used. The invoice must be returned.
9.11. If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability related to the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may request the BUYER to provide identification and contact information of the credit card holder, the previous month's statement of the credit card used in the order, 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 these requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided during membership registration on the SELLER's website is accurate, and that they will immediately, in cash and in full, compensate the SELLER for all damages incurred due to the inaccuracy of this information upon the SELLER's first notification.
9.13. The BUYER accepts and undertakes from the outset to comply with legal regulations and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities arising will bind the BUYER entirely and exclusively.
9.14. The BUYER may not use the SELLER's website in any way that disturbs public order, is contrary to general morality, annoys and harasses others, for an illegal purpose, or infringes on the material and moral rights of others. Furthermore, the member may not engage in activities (spam, viruses, Trojan horses, etc.) that prevent or hinder others from using the services.
9.15. The SELLER's website may provide links to other websites and/or other content not under the SELLER's control and/or owned and/or operated by third parties. These links are provided for the convenience of the BUYER and do not endorse any website or the person operating that site, and do not constitute any guarantee regarding the information contained on the linked website.
9.16. The BUYER, defined by the SELLER as a wholesale customer member group on the system, accepts and declares that they will use the cargo companies defined with the phrase "Wholesale Cargo" on the site for their purchases. If they use one of the defined cargo companies that does not include the phrase "Wholesale Cargo", they accept and declare that they will pay the shipping fee to the cargo company themselves.
9.17. Any member who violates one or more of the articles listed in this agreement shall be personally liable, both criminally and legally, for such violation, and shall hold the SELLER harmless from the legal and criminal consequences of such violations. Furthermore, in the event that such violation is brought before the law, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. In the case of a distance contract for the sale of goods, the BUYER may exercise their right of withdrawal by rejecting the goods without incurring any legal or criminal liability and without giving any reason, provided that they notify the SELLER within 14 (fourteen) days from the date of delivery of the product to themselves or to the person/organization at the address they indicated. In distance contracts for the provision of services, this period begins from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the consumer's consent before the expiration of the right of withdrawal period. The expenses arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this agreement, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.
10.2. To exercise the right of withdrawal, written notification must be given to the SELLER via registered mail, fax or e-mail within 14 (fourteen) days, and the product must not have been used within the framework of the provisions of "Products for which the Right of Withdrawal Cannot Be Exercised" regulated in this agreement. If this right is exercised,
a) The invoice of the product delivered to the 3rd party 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. Order returns invoiced to 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, with their box, packaging, and standard accessories if any.
d) The SELLER is obliged to return the total amount and the documents that put the BUYER into debt to the BUYER within a maximum of 10 days from the date the withdrawal notification reaches them, and to take back the goods within 20 days.
e) If there is a decrease in the value of the goods due to a fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER for damages in proportion to their fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the goods or product within the right of withdrawal period.
f) 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 under the campaign will be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
According to the Regulation, it is not possible to return products prepared according to the BUYER's request or explicit personal needs and not suitable for return, such as underwear bottoms, swimwear bottoms, make-up materials, single-use products, goods that are in danger of rapid spoilage or whose expiration date is likely to pass, products whose packaging has been opened by the BUYER after delivery and are not suitable for return due to health and hygiene reasons, products that mix with other products after delivery and cannot be separated due to their nature, goods related to periodic publications such as newspapers and magazines, except for those provided under a subscription contract, services performed instantly in electronic environment or intangible goods delivered instantly to the consumer, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables if their packaging has been opened by the BUYER. Furthermore, it is not possible to exercise the right of withdrawal for services whose performance has begun with the consumer's consent before the expiration of the right of withdrawal period, as per the Regulation.
For cosmetic and personal care products, underwear products, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) to be returned, their packaging must be unopened, untried, undamaged, and unused.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults when making payments by credit card, they accept, declare, and undertake to pay interest within the framework of the credit card agreement with the card-holding bank and to be responsible to the bank. In this case, the relevant bank may resort to legal remedies; it may demand incurred expenses and attorney's fees from the BUYER, and in any event, if the BUYER defaults on their debt, the BUYER accepts, declares, and undertakes to pay the damages and losses suffered by the SELLER due to the delayed performance of the debt.
13. AUTHORIZED COURT
In disputes arising from this agreement, complaints and objections will be made to the consumer arbitration committee or consumer court at the consumer's place of residence or where the consumer transaction took place, within the monetary limits specified in the law below. Information regarding the monetary limits is below:
Effective from 28/05/2014:
a) For disputes with a value below 2,000.00 (two thousand) TL, in accordance with Article 68 of the Consumer Protection Law No. 6502, to district consumer arbitration committees,
b) For disputes with a value below 3,000.00 (three thousand) TL, to provincial consumer arbitration committees,
c) In provinces with metropolitan status, for disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL, applications are made to provincial consumer arbitration committees.
This Agreement is made for commercial purposes.
14. EFFECTIVENESS
The BUYER shall be deemed to have accepted all the terms and conditions of this agreement when they complete the payment for their order placed through the Site. The SELLER is obliged to make the necessary software arrangements to obtain the BUYER's written confirmation that this agreement has been read and accepted on the site before the order is placed.
SELLER: klosh moda limited company
BUYER:
DATE:
