✰ 20% DISCOUNT ON YOUR FIRST SHOPPING ✰
✰ 20% DISCOUNT ON YOUR FIRST SHOPPING ✰
✰ 20% DISCOUNT ON YOUR FIRST SHOPPING ✰

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.