DISTANCE SALES AGREEMENT
1.PARTIES
This Distance Sales Agreement (hereinafter referred to as
the “Agreement”) is made between the parties below, in accordance with the
terms and conditions specified herein.
A. ‘BUYER’ (hereinafter referred to as “BUYER” in
the agreement)
NAME-SURNAME, TITLE: ADDRESS: PHONE: EMAIL/USERNAME:
B. ‘SELLER’ (hereinafter referred to as “SELLER” in
the agreement)
TITLE: Repline Foreign Trade Limited Company ADDRESS: Batı
Sitesi Mah. 1818. Sokak 9/D Yenimahalle/ANKARA PHONE: 0 312 397 79 15 EMAIL:
info@repline.com.tr TAX OFFICE: Ulus TAX NUMBER: 7340078497 MERSIS NUMBER:
0734007849700010
BUYER and SELLER shall be referred to collectively as the
“Parties” and individually as a “Party.”
2. SUBJECT
This Agreement regulates the sale, delivery, and other
matters related to the goods or services whose qualifications and sale price
are specified below, which the BUYER orders electronically through the Seller's
website www.kolaysepet.com.tr (the “Website”), including transactions made
through the application on their mobile device, in accordance with the Law No.
6502 on Consumer Protection (the “Law”) and the Regulation on Distance
Contracts (the “Regulation”).
After the BUYER approves this Agreement on the Website, the
amount and expenses for the ordered products and services will be collected
according to the selected payment method.
3.INFORMATION ABOUT GOODS AND SERVICES,
PAYMENT, AND DELIVERY
3.1. The characteristics of the goods and/or services
(type, quantity, brand/model, color, unit price) that are the subject of the
Agreement are published on the Website, and the BUYER is entering into this
Agreement knowing these characteristics.
3.2. The prices listed and advertised on the Website
include VAT. The advertised prices are valid until updated or changed by the
SELLER. Prices advertised for a limited time are valid until the specified end
of that period.
3.3. The type and category of the products, quantity,
brand, model and color, unit prices, and total sale price along with the
payment (collection) information and delivery details provided by the BUYER are
specified below. If the courier company that will deliver the product does not
have a branch at the delivery address provided by the BUYER, the BUYER must
collect it from another nearby branch to be notified by the SELLER (The BUYER
will be informed via e-mail, SMS, or phone about this matter). The total sale
price of the product, including all taxes, is shown below.
3.4. The shipping cost of the product will be paid by the
BUYER.
Product Code / Description |
Quantity |
Unit Price |
Subtotal (Including VAT) |
Order processing and shipping cost |
|||
Total: |
Payment Method and Plan:
(Credit card)
(One-time payment, … installments)
Delivery Information:
Name-Surname/Title:
Address:
Phone:
Email:
Invoice Information:
Name-Surname/Title:
Address:
Phone:
Email:
Order Date:
4. INFORMATION PROVIDED TO THE BUYER IN ADVANCE
4.1. The BUYER acknowledges that they have been informed
about the following matters by reviewing and examining all general and specific
explanations available on the relevant pages and/or sections of the Website
before the establishment of this Agreement upon acceptance by the BUYER and
before entering into an order and payment obligation:
- The
SELLER’s title, contact information, and current promotional information,
- The
stages of the sales transaction when purchasing the Product from the
Website and the appropriate tools and methods for correcting incorrectly
entered information,
- The
privacy, data processing, and electronic communication rules applicable to
BUYER information implemented by the SELLER, along with the permissions
given by the BUYER in these matters, the legal rights of the BUYER, the
rights of the SELLER, and the methods for exercising the rights of the
Parties,
- Any
shipping restrictions foreseen by the SELLER for the Product(s),
- The
payment methods and tools accepted by the SELLER for the Product(s), as
well as the total amount the BUYER will pay to the SELLER, including the
Product(s)' essential features, qualifications, prices, taxes, and related
costs,
- Information
regarding the procedures for delivering the Product(s) to the BUYER and
about transportation, delivery, and shipping costs,
- Other
payment, collection, and delivery information related to the Product(s)
and information regarding the execution of the Agreement, along with the
commitments and responsibilities of the Parties in these matters,
- Products
for which the BUYER does not have the right of withdrawal,
- In
cases where the BUYER has the right of withdrawal, the conditions,
duration, and procedure for exercising this right, and that the BUYER will
lose the right of withdrawal if not exercised within the specified time,
- Regarding
Products that have the right of withdrawal, if the Product is used
contrary to the usage instructions, normal operation, or technical
specifications during the withdrawal period, the BUYER’s withdrawal
request may not be accepted, and in any case, the BUYER will be
responsible to the SELLER. In cases accepted by the SELLER, the SELLER may
deduct an amount deemed appropriate from the refund to the BUYER based on
the deterioration or change,
- In
cases where the right of withdrawal exists, how the Products can be
returned to the SELLER and all related financial matters (including return
methods, costs, refund of the Product price, and deductions that may be
made for loyalty points, gift vouchers, free products, and other provided
discounts/benefits earned or used by the BUYER during the return process),
- If
the BUYER is a legal entity, they cannot exercise “consumer rights,”
including the right of withdrawal, for Products purchased for commercial
or professional purposes (for example, bulk purchases will be considered
as such in any case),
- All
other sales conditions included in this Agreement, which has been
established upon the BUYER’s approval on the Website, will be sent to the
BUYER via email, and the BUYER can retain and access it for the desired
duration, while the SELLER can retain it for 3 (three) years,
- Processes
and practices regarding privacy, personal data, and electronic commercial
communications,
- In
case of disputes, the contact information through which the BUYER can
submit complaints to the SELLER, as well as the ability to make legal
applications to the District/Provincial Arbitration Committees and
Consumer Courts in accordance with the relevant provisions of the Law.
5. GENERAL PROVISIONS
5.1. This Agreement has been
prepared in accordance with the provisions of the Law and relevant regulations.
The parties acknowledge and declare that they are aware of and understand their
obligations and responsibilities arising from the Law and regulations under
this Agreement.
5.2. By accepting this
Agreement, the BUYER acknowledges and accepts in advance that they will be
liable to pay the price of the Product subject to the order and any additional
charges such as shipping fees and taxes, and that they have been informed about
this in advance.
5.3. Generally, unless
explicitly stated otherwise, delivery costs (shipping fees, etc.) are the
responsibility of the BUYER. The SELLER may not pass on all or part of these
delivery costs to the BUYER, depending on the campaigns conducted at the time
of sale and announced on the Website. If the right of withdrawal is exercised
for all or part of the Products subject to the order, and if the BUYER has
benefited from a free shipping campaign, if the minimum shopping amount is not
met, the total unpaid delivery-shipping fee under the campaign will be deducted
from the amount to be refunded to the BUYER (if the BUYER has paid for
delivery-shipping fees, this fee will be refunded). In cases where the BUYER
has made purchases meeting the minimum amount of any SELLER campaign, received
discounts, or obtained free (gift) products, or won/used gift vouchers, if the
right of withdrawal is exercised for all or part of the Products, and this
causes the minimum amount condition to be violated or the conditions for winning/using
gift vouchers to cease, the total of such discounts (and any gift product
prices, if applicable) will be deducted from the amount to be refunded to the
BUYER; if the BUYER has won a gift voucher due to the purchase, this voucher
will be canceled, and if the BUYER has used a gift voucher, the entire value of
the voucher will also be deducted from the amount to be refunded to the BUYER.
These provisions will apply not only in cases of exercising the right of
withdrawal but also in all other cases of product return except for defective
Products.
5.4. If the BUYER is not
physically present at their address at the time of delivery, and the persons at
the address do not accept the delivery, the SELLER will be deemed to have
fulfilled their obligation in this regard. In the absence of a person to accept
delivery at the address, it is the responsibility of the BUYER to contact the
shipping company to track the shipment of the Products. If the Product is to be
delivered to a person/entity other than the BUYER, the SELLER cannot be held
responsible if the person/entity to whom the Product is to be delivered is not
present at the address or does not accept the delivery. In these cases, all
damages resulting from the BUYER's late receipt of the Product, as well as
costs incurred due to the Product waiting at the shipping company and/or being
returned to the SELLER, are the responsibility of the BUYER.
5.5. The prices listed and
announced on the Website are the selling prices. The announced prices and
promises are valid until updated or changed. Prices announced for a limited
time are valid until the end of the specified period. The SELLER has the right
to change the prices and campaigns specified on the Website; the prices and
campaigns on the Website will remain valid until the SELLER makes changes in
this regard. The SELLER reserves the right to stop, update, and/or change the
conditions of the campaigns announced on the Website at any time. The BUYER is
obliged to review the campaign conditions before each purchase they make on the
Website.
5.6. The BUYER acknowledges,
declares, and undertakes that they have read and are informed about the
essential characteristics of the Product subject to the Agreement, the selling
price, payment methods, and preliminary information regarding delivery on the
SELLER's Website, and that they have electronically confirmed this information.
The BUYER further acknowledges, declares, and undertakes that they have
obtained the address that should be provided by the SELLER before the
establishment of this Agreement, the essential features of the ordered
Products, the price including taxes, and the payment and delivery information
accurately and completely.
5.7. Unless otherwise
stipulated in writing by the SELLER, the BUYER must have fully paid the price
of the Product before receiving it. In cash sales, if the Product price is not
fully paid to the SELLER before delivery, or in installment sales, if the due
installment amount is not paid, the SELLER may unilaterally terminate the
Agreement and may not deliver the Product. If the bank/financial institution to
which the credit card used for the transaction belongs does not pay the Product
price to the SELLER for any reason after the delivery of the Product, the
Product will be returned by the BUYER to the SELLER within 7 (seven) days at
the BUYER's expense. The SELLER reserves all contractual and legal rights,
including the collection of the Product price, without accepting the return.
The SELLER will not be responsible for any payment codes sent unsuccessfully by
the bank and/or financial institution, or for payments made to the SELLER by
the bank and/or financial institution.
5.8. The SELLER always
reserves the right to withdraw and/or remove any Product from the Website. The
SELLER cannot be held responsible to the BUYER or any third party for
withdrawing, removing, or correcting any Product from the Website.
5.9. Each purchased Product
will be delivered to the BUYER or the person/entity designated by the BUYER
within the time specified in the preliminary information section on the
Website, depending on the distance of the BUYER's residence, without exceeding
the legal maximum period of 30 (thirty) days. The SELLER sends and delivers the
Products via an agreed shipping company. If this shipping company does not have
a branch in the BUYER's location, the BUYER must collect the Product from
another nearby branch of the shipping company, as informed by the SELLER.
5.10. If the delivery cannot
be made within the legal maximum period of 30 (thirty) days due to
extraordinary circumstances (force majeure), such as weather conditions, heavy
traffic, earthquake, flood, fire, etc., that occur beyond the parties’ control and
are unforeseen, the SELLER will inform the BUYER regarding the delivery. In
this case, the BUYER may cancel the order, order a similar product, or wait
until the extraordinary circumstances end. If the BUYER cancels the order, the
Product amount will be refunded within 14 (fourteen) days after the order is
canceled by the BUYER, and the refund will be made to the relevant bank account
provided by the BUYER or to the bank card used for the purchase once the
returned Product reaches the SELLER. The BUYER acknowledges, declares, and
undertakes that the average process for the amount refunded to the credit card
by the SELLER may take 2 to 3 weeks to reflect in the BUYER's account, and that
any delays in the reflection of this amount to the BUYER's accounts are
entirely related to the bank's processing time, thus the BUYER will not hold
the SELLER responsible for any potential delays.
5.11. The SELLER undertakes to
deliver the Product fully, in accordance with the specifications stated in the
order, and with any warranty documents, user manuals, and other necessary
information and documents. The SELLER will deliver the Product free from any
defects, in compliance with legal regulations, in a sound manner, and in
accordance with standards, while acting with diligence and care during the
execution of the contract.
5.12. The SELLER may provide a
different product of equal quality and price, with the prior information and
explicit consent of the BUYER before the performance obligation arising from
the Contract expires.
5.13. In the event that the
delivery of the Product becomes impossible, the SELLER agrees to inform the
BUYER within 15 (fifteen) days of learning this situation in writing or via a
permanent data storage medium, and to refund all amounts collected from the
BUYER within 14 (fourteen) days from the notification date.
5.14. The BUYER accepts,
declares, and commits that if the payment for the Product is not made to the
SELLER for any reason or is canceled in bank records, the SELLER's obligation
to deliver the Product will cease.
5.15. If the BUYER's credit
card used during the order is not the same person as the BUYER or if a security
flaw regarding 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 details related to the credit card holder or a
statement from the cardholder's bank confirming ownership of the card. The
order will be suspended until the BUYER provides the requested
information/documents, and if these requests are not fulfilled within 24
(twenty-four) hours, the SELLER has the right to cancel the order.
5.16. The SELLER has the right
to contact the BUYER through the address, email, landline, and mobile phone
numbers provided by the BUYER during registration on the website or updated
later, for communication, marketing, notifications, and other purposes via
letter, email, SMS, phone calls, and other means. By accepting this Contract,
the BUYER agrees and declares that the SELLER may conduct the aforementioned
communication activities.
5.17. The BUYER will inspect
the Product before accepting it; damaged or defective goods (e.g., dented,
broken, torn packaging) will not be accepted from the cargo company. The
Product will be considered accepted as undamaged and intact. The responsibility
to protect the Product carefully after delivery rests with the BUYER. The
invoice related to the Product must also be returned.
5.18. If the BUYER and the
holder of the credit card used during the order are not the same person or if a
security flaw regarding the credit card is detected before delivery, the SELLER
may request the BUYER to provide identification and contact details of the
cardholder or a confirmation letter from the cardholder's bank. The order will
be frozen until the requested information/documents are provided, and if these
requests are not fulfilled within 24 (twenty-four) hours, the SELLER has the
right to cancel the order.
5.19. The BUYER declares and
commits that the personal and other information provided during registration on
the SELLER's website is accurate and will compensate the SELLER for any damages
incurred due to false information upon the SELLER's first notification.
5.20. The BUYER accepts and
commits from the outset to comply with and not violate the legal regulations
while using the SELLER's website. Otherwise, all legal and penal
responsibilities will entirely and exclusively bind the BUYER.
5.21. The BUYER may not use
the SELLER's website in any way that disrupts public order, violates general
morals, disturbs or harasses others, or for illegal purposes that infringe upon
the material and moral rights of others. Additionally, the BUYER may not engage
in activities that prevent or hinder others from using services (spam, viruses,
trojan horses, etc.).
5.22. Links may be provided
from the SELLER's website to other websites and/or content owned and/or
operated by third parties, which are not under the SELLER's control. These
links are placed to facilitate navigation for the BUYER and do not imply any endorsement
of the website or its content.
5.23. The BUYER is personally
and exclusively responsible for any legal and penal consequences arising from
violating one or more of the provisions listed in this Agreement, and will keep
the SELLER free from the legal and penal repercussions of such violations.
Furthermore, in the event of legal action regarding this violation, the SELLER
reserves the right to seek compensation from the BUYER.
5.24. In the resolution of any
disputes arising from and/or regarding the application of this Agreement, the
SELLER's records (including electronic and audio records) shall constitute
evidence; the parties’ rights arising from relevant mandatory legal regulations
remain valid and intact.
6. RIGHT OF WITHDRAWAL
6.1. The BUYER has the right
to withdraw from this Agreement, provided that they notify the SELLER within 14
(fourteen) days from the date of delivery of the Product, without providing any
justification and without paying any penalty. The BUYER may exercise the right
of withdrawal at any time from the establishment of this Agreement until the
delivery of the goods. If the Agreement is related to the provision of
services, the right of withdrawal begins from the date the Agreement is signed.
In cases where the service contract has commenced with the BUYER's consent
before the withdrawal period expires, the right of withdrawal cannot be
exercised.
6.2. For determining the
withdrawal period: (i) in cases of a single order delivered separately, the day
the last item is received by the BUYER or a third party designated by the
BUYER; (ii) in cases of goods consisting of multiple parts, the day the last
part is received by the BUYER or a third party designated by the BUYER; (iii)
in contracts where regular delivery of goods is made over a certain period, the
day the first item is received by the BUYER or a third party designated by the
BUYER will be considered.
6.3. The costs arising from
the exercise of the right of withdrawal are borne by the SELLER. By accepting
this Agreement, the BUYER acknowledges that they have been informed about the
right of withdrawal.
6.4. To exercise the right of
withdrawal, the BUYER must send a clear notification to the SELLER regarding
the use of the right of withdrawal within the 14 (fourteen) day period via
registered mail, fax, or email, to the SELLER's contact addresses mentioned
above, and the Product must not fall under the "Products Not Subject to
Withdrawal Rights" provisions of this Agreement.
6.5. In the event of
exercising the right of withdrawal: a. The invoice of the product delivered to
the third party or the BUYER must be returned (if the invoice of the product to
be returned is corporate, it must be sent together with the return invoice
prepared by the institution. Orders with invoices issued on behalf of
institutions will not be completed unless a RETURN INVOICE is issued). b. A
return form, c. The returned products must be delivered complete and undamaged,
along with their boxes, packaging, and standard accessories, if any.
6.6. In cases where the right
of withdrawal can be exercised, if the BUYER does not use the goods in
accordance with their operation, technical specifications, and usage
instructions within the withdrawal period, they will be responsible under the
law for any changes or damages that occur. Accordingly, if the Product is not
used in accordance with the usage instructions, technical specifications, and
operation up to the date of withdrawal, the BUYER may lose the right of
withdrawal; in cases accepted by the SELLER, deductions will be made from the
refund amount for any changes or damages.
6.7. If there is a decrease in
the value of the goods due to a fault of the BUYER or if a return becomes
impossible, the BUYER is obliged to compensate the SELLER for the losses in
proportion to their fault. However, the BUYER is not responsible for changes or
damages that occur due to proper use of the goods or products during the
withdrawal period.
6.8. In the case of exercising
the right of withdrawal within the legal period, the Product must be sent to
the SELLER's above address within a maximum of 10 (ten) days, with costs borne
by the SELLER. If a courier company is specified on the Website for product
returns, the BUYER may send the Product from a branch of the courier company
within or outside their district; in this case, no charge will be made to the
BUYER.
6.9. If the exercise of the
right of withdrawal causes the total amount of the campaign organized by the
SELLER to fall below the campaign limit, the discount amount benefitted under
the campaign will be canceled.
7. PRODUCTS FOR WHICH THE
RIGHT OF WITHDRAWAL CANNOT BE USED
7.1. In distance contracts
concerning the goods/services specified below, the right of withdrawal cannot
be exercised by the BUYER, even if unused/unconsumed: i. Underwear items,
swimsuits and bikini bottoms, cosmetics, and single-use products prepared according
to the BUYER's request or personal needs that cannot be returned, ii. Goods
that are perishable or have a limited shelf life, iii. Goods that are returned
after the protective elements such as packaging, tape, seal, or package have
been opened by the BUYER, which are not suitable for return for health and
hygiene reasons, iv. Products that become mixed with other products after
delivery and cannot be separated by nature, v. Goods related to periodicals
such as newspapers and magazines, except for those provided under a
subscription contract, vi. Services performed instantly in electronic
environments or intangible goods delivered to the consumer instantly, vii.
Audio or video recordings, CDs, DVDs, books, digital content, software
programs, data recording and storage devices, and computer consumables that
have been opened after delivery, viii. Goods or services whose prices fluctuate
based on financial market changes and are not under the control of the SELLER,
ix. Services such as accommodation, transportation of goods, car rental, food
and beverage provision, and leisure activities that need to be performed on a
specific date or period, x. Services commenced with the BUYER's consent during
the withdrawal period.
7.2. For the BUYER to use the
right of withdrawal for cosmetics and personal care products, underwear
products, swimsuits, and bikinis, the packaging must remain unopened, unused,
undamaged, and not tried.
8. DEFAULT AND LEGAL
CONSEQUENCES
If the BUYER defaults on
payment transactions made by credit card, they acknowledge, declare, and
undertake that they will pay interest under the credit card agreement with the
issuing bank and will be responsible to the bank. In this case, the relevant bank
may resort to legal means; it can demand the incurred costs and attorney fees
from the BUYER, and in any case of default due to the BUYER's debt, the BUYER
acknowledges, declares, and undertakes to pay the damages suffered by the
SELLER due to the delayed performance of the debt.
9. SECURITY, PRIVACY, PERSONAL
DATA, ELECTRONIC COMMUNICATIONS, AND INTELLECTUAL PROPERTY RULES
9.1. The necessary precautions
for the security of the information and transactions entered by the BUYER on
the Website have been taken within the system infrastructure of the SELLER, to
the extent of current technical capabilities, depending on the nature of the
information and transactions. However, since the information is entered from
the BUYER's device, the responsibility for protecting it from unauthorized
access, including measures against viruses and other harmful applications, lies
with the BUYER.
9.2. The SELLER may use the
information obtained during the BUYER’s membership and shopping on the Website
for various products/services provided by the SELLER, its current and future
affiliates, subsidiaries, partners, successors, and/or third parties/organizations
designated by them for purposes such as electronic and other commercial-social
communications, information, advertising, promotion, sales, marketing, store
cards, credit card, and membership applications. This data may be recorded
indefinitely or for a specified period, stored in printed/magnetic archives,
updated when deemed necessary, shared, transferred, used, and processed in
various ways. These data may also be shared with relevant authorities and
courts when required by law. The BUYER consents to the use, sharing, and
processing of personal and non-personal information in accordance with the
legislation on the protection of personal data and electronic commerce
legislation, and allows for commercial and non-commercial electronic communications.
9.3. In accordance with the
applicable legislation, the SELLER may send commercial electronic
communications via SMS, instant notifications, automatic calls, computer,
phone, email, fax, and other electronic communication tools for all products
and services regarding promotions, advertising, communication, promotions,
sales, and marketing, credit card and membership notifications, and the BUYER
has accepted to receive such commercial electronic communications.
9.4. The BUYER may at any time
contact the SELLER through the specified communication channels to stop data
usage-processing and/or communications. Upon the BUYER's clear notification in
this regard, personal data processing and/or communications will be suspended
within the legal maximum period; furthermore, if desired, information other
than those legally required to be retained and/or those possible will be
deleted from the data recording system or rendered anonymous. The BUYER may
also contact the SELLER regarding the processing of personal data, the persons
to whom the data has been transferred, correction in case of incompleteness or
inaccuracies, notification of corrected data to relevant third parties,
deletion or destruction of data, objection to outcomes arising against the
BUYER through automated systems, and compensation for damages caused by
unlawful data processing, and obtain information. Requests and applications
regarding these matters will be fulfilled within legal maximum periods or may
be rejected with a legal justification provided to the BUYER.
9.5. All intellectual and
industrial property rights and ownership rights regarding all information and
content related to the Website, including their arrangement, revision, and
partial/full use, belong to the SELLER, except for those belonging to other
third parties as per the SELLER's agreement.
9.6. The SELLER reserves the
right to make any changes it deems necessary in the above matters; these
changes will become effective upon notification by the SELLER on the Website or
through other appropriate methods.
9.7. The privacy-security
policies and terms of use of other sites reached from the Website are valid,
and the SELLER is not responsible for any disputes or negative consequences
that may arise.
10. JURISDICTION
10.1. In the event of disputes
arising from this Agreement, complaints and objections will be submitted to the
Provincial and District Consumer Arbitration Committees at the consumer's place
of residence or where the consumer transaction was conducted, within the
monetary limits determined and announced by the Ministry of Commerce each year.
In cases exceeding these limits, the disputes will be submitted to the consumer
court.
10.2. For Corporate Buyers,
the Istanbul (Central) Courts and Enforcement Offices shall have jurisdiction
to resolve disputes arising from this Agreement.
11. EFFECTIVENESS
The BUYER acknowledges and
declares that they have read all the conditions and explanations written in
this Agreement and its inseparable parts, including the preliminary information
about the order (on the Website). The BUYER confirms that they are fully
informed about the essential features and qualities of the Product(s) subject
to sale, the sale price, payment method, delivery conditions, and all other
preliminary information regarding the SELLER and the product. The BUYER further
states that they have seen all of this information electronically on the
Website and have confirmed, accepted, and approved the order by electronically
consenting to all these terms. Both the preliminary information and this
Agreement are also sent to the electronic mail address provided by the BUYER to
the SELLER, and the confirmation of the order receipt is included in the
mentioned email along with the order summary.