DISTANCE SALES AGREEMENT
Article 1 – Parties
1.1. Seller
Name: Kozaç Tekstil Yapı ve İnş. San. Dış. Tic. Ltd. Şti.
Address: Veliefendi Mah. Prof. Dr. Turan Güneş Cad. No:71 Zeytinburnu/İstanbul
Phone: 0544 884 97 00
Email: [email protected]
1.2. Buyer
Full name/ID No.
Address
Phone
E-mail
Article 2 – Subject
The subject of this Agreement is to determine, in accordance with the provisions of the Law on the Protection of Consumers No. 4077 and the Regulation on Distance Contracts, the rights and obligations of the parties regarding the sale and delivery of the product(s) specified below—ordered electronically by the BUYER from the Seller’s website www.kozac.com.tr, with their characteristics and sales price indicated.
The Buyer declares and acknowledges that they have been informed by the Seller, in a clear and understandable manner suitable for the internet environment, about the Seller’s name, title, full address, phone and other contact information; the essential characteristics of the goods subject to sale; the sales price including taxes; the method of payment; delivery conditions and expenses; the right of withdrawal and how to exercise it; and the official authorities to which complaints and objections may be submitted; that they have confirmed these preliminary information electronically; and that they subsequently placed the order in accordance with the provisions of this Agreement.
The preliminary information on the website www.kozac.com.tr and the invoice issued upon the Buyer’s order are integral parts of this Agreement.
Article 3 – Product/Payment/Delivery Information
The type and kind of the product(s) purchased electronically, quantity, brand/model, sales price, method of payment, recipient, delivery address, invoicing information, and shipping fee are as stated below. The person to be invoiced must be the same as the person who concluded the Agreement. The information below must be accurate and complete. The Buyer agrees to fully compensate for any losses arising from incorrect or incomplete information and accepts all liability that may result from such circumstances.
The SELLER reserves the right to suspend the order if the information provided by the BUYER does not correspond to reality. If the SELLER cannot reach the BUYER using the phone, e-mail, or postal address provided by the BUYER in cases where a problem with the order is detected, the processing of the order will be halted for 15 (fifteen) days. The BUYER is expected to contact the SELLER regarding the matter within this period. If no response is received from the BUYER during this time, the SELLER will cancel the order to prevent any loss to either party.
Purchased Product(s)
Name, code: … units
Total Sales Price: …. -TL
Payment Method: Credit Card/Bank Transfer (EFT)
Recipient:
Phone number:
Delivery Address:
Invoice To (Person/Company):
Invoice Address:
Tax Office:
Tax Registration Number:
Shipping Fee: … -TL
Article 4 – Agreement Date and Force Majeure
The date of the Agreement is the date on which the order is placed by the Buyer, i.e., ../../…..
Situations that do not exist or are not foreseen on the date of signing the Agreement; that develop beyond the control of the parties; and that render it partially or completely impossible for one or both of the parties to fulfill their obligations under the Agreement or to fulfill them on time, shall be deemed force majeure (e.g., natural disasters, war, terrorism, insurrection, changes in legislation, seizure or strike, lockout, major breakdowns in production and communication facilities, etc.). The party experiencing the force majeure shall immediately notify the other party in writing.
During the continuation of the force majeure, the parties shall not be liable for failure to perform their obligations. If the force majeure continues for 30 (thirty) days, each party shall have the right to unilaterally terminate the Agreement.
Article 5 – Rights and Obligations of the Seller
5.1. The Seller agrees and undertakes to fulfill its obligations under the Law on the Protection of Consumers No. 4077 and the Regulation on Distance Contracts, except in cases of force majeure.
5.2. Persons under the age of 18 (eighteen) cannot shop on the website www.kozac.com.tr. The Seller will rely on the age declared by the Buyer in the Agreement. However, the Seller shall not be held responsible for any misstatement of age by the Buyer.
5.3. www.kozac.com.tr is not responsible for pricing errors arising from system malfunctions. Accordingly, the Seller is not responsible for promotional or price errors resulting from interventions that may occur due to the system, design, or unlawful interference with the website. The Buyer may not assert any rights against the Seller based on system errors.
5.4. Shopping on www.kozac.com.tr can be made by credit card (Visa, MasterCard, etc.) or bank transfer. Orders for which the transfer is not made within one week from the order date will be cancelled. The time at which orders are processed is the moment when the necessary collection has been made from the credit card account or when the transfer (EFT) has reached the bank accounts, not the moment the order is placed. Payment-on-delivery or postal check methods carried out without consulting customer service are not accepted.
Article 6 – Rights and Obligations of the Buyer
6.1. The Buyer agrees and undertakes to fulfill the obligations imposed on them under this Agreement, except in cases of force majeure.
6.2. By placing an order, the Buyer is deemed to have accepted the terms of this Agreement and agrees and undertakes to make the payment in accordance with the payment method specified in the Agreement.
6.3. The Buyer declares and acknowledges that they have been informed on the website www.kozac.com.tr—clearly, understandably, and in a manner suitable for the internet—about the Seller’s name, title, full address, phone and other contact information; the essential characteristics of the goods subject to sale; the sales price including taxes; the method of payment; delivery conditions and expenses; the right of withdrawal and how to exercise it; and the official authorities to which complaints and objections may be submitted; and that they have confirmed these preliminary information electronically.
6.4. In connection with the previous article, the Buyer declares that they have read and are informed of the order/payment/usage procedures on www.kozac.com.tr, including product order and payment conditions, product usage instructions, measures taken and warnings made against possible situations, and that they have provided the necessary confirmation electronically.
6.5. If the Buyer wishes to return the product, they agree and undertake not to damage the product or its packaging in any way, to return the original invoice and delivery note at the time of return.
Article 7 – Order/Payment Procedure
Order
After the TL amount of the products added to the shopping cart including VAT (in installment transactions, the total of the installments) is approved by the Buyer, the transaction is processed via the POS of the relevant bank card. Therefore, before shipment, an order confirmation e-mail is sent to the customer. No shipment is made before the Order Confirmation e-mail is sent.
Any disruption in the process or problems that may arise regarding the credit card are communicated to the Buyer using one or more of the contact methods (phone/fax/e-mail) specified in the Agreement. If necessary, the Buyer may be asked to contact their bank. The moment orders are processed is the time when the necessary collection has been made from the credit card account or when the transfer (EFT) has reached the Seller’s accounts, not the moment the order is placed.
In exceptional cases where it is understood for a just reason that the goods subject to the Agreement cannot be supplied and/or a stock problem is encountered, the Buyer will be informed immediately and clearly; upon the Buyer’s approval, another product of equal quality and price may be sent to the Buyer; or at the Buyer’s preference, a new product may be sent, the Buyer may wait for the product to enter stock or for the obstacle to delivery to be removed, and/or the order may be cancelled.
If the fulfillment of the obligation to deliver the goods subject to the Agreement becomes impossible, the Buyer will be informed of this situation, and the total price paid and any documents that place the consumer under debt, if any, will be returned to the Buyer within ten days at the latest, and the Agreement will be terminated. In such a case, the Buyer shall not claim any additional material or moral damages from the Seller.
Payment
For buyers who do not wish to use their credit card information online at www.kozac.com.tr, an option to pay by bank transfer is provided. In bank transfers, the Buyer may choose the most suitable bank to make the transfer. If payment is made via EFT, the date credited to the account is taken into consideration. When making a bank transfer and/or EFT, the “Sender Information” must match the Invoice Information, and the order number must be stated.
If, after delivery of the product, the relevant bank or financial institution does not pay the product price to the Seller due to unlawful or unauthorized use of the Buyer’s credit card by persons not attributable to the Buyer’s fault, the Buyer is obliged to send the delivered product back to the Seller within 10 days. In such cases, shipping costs are borne by the Buyer.
If the Buyer chooses to pay by credit card, the BUYER accepts, declares, and undertakes that they will additionally confirm the applicable interest rates and default interest information with their bank, and that the provisions regarding interest and default interest shall be applied within the scope of the “Credit Card Agreement” between the Bank and the BUYER in accordance with the legislation in force.
Article 8 – Shipment/Delivery Procedure
Shipment
Following the sending of the order confirmation e-mail, the product(s) are handed over to the cargo company with which the Seller has an agreement.
Delivery
The product(s) will be delivered to the Buyer’s address by the Seller’s contracted cargo company. The delivery period is 30 days from the sending of the Order Confirmation e-mail and the conclusion of the Agreement. Provided that the Buyer is notified in writing in advance or via a permanent data storage device, this period may be extended by a maximum of ten days.
For regions where cargo companies do not provide door-to-door delivery, products are sent with a phone notice.
In regions where the cargo company delivers once a week; in cases of errors or deficiencies in shipping information; and due to certain social events or natural disasters, delays beyond the specified period may occur. The Buyer cannot hold the Seller responsible for such delays. If the product is to be delivered to a person/organization other than the Buyer, the Seller is not responsible for any additional shipping costs arising from the refusal of delivery by such person/organization, errors in shipping information, and/or the absence of the Buyer at the address. If the product(s) do not reach the customer within the specified days, delivery problems should be reported immediately to customer service at [email protected] via e-mail.
In case of damaged packages: Damaged packages should not be accepted, and a report should be filed with the cargo company representative. If the cargo company representative claims that the package is not damaged, the Buyer has the right to open the package there and check that the products are delivered undamaged and to request the situation be recorded by a report. After the package is accepted by the Buyer, it is deemed that the cargo company has fully performed its duty. If the package is not accepted and a report is prepared, the situation should be reported to the Seller’s Customer Service as soon as possible, together with the Buyer’s copy of the report.
Article 9 – Procedure on Product Returns and Right of Withdrawal
After receiving the goods, the Buyer has the right to withdraw from the Agreement within fourteen days without giving any reason and without paying any penalty. Pursuant to General Communiqué No. 385 of the Tax Procedure Law, for the return process to be carried out, the Buyer must complete the return sections at the bottom of the two copies of the invoice belonging to the Seller delivered with the goods fully and accurately, sign them, send one copy to the Seller together with the product, and keep the other copy. The withdrawal period starts from the day the goods are delivered to the Buyer. The cost of returning the product(s) shall be borne by the Buyer.
The right of withdrawal does not apply to goods prepared in line with the Buyer’s requests and/or clearly in accordance with their personal needs.
If the Buyer exercises the right of withdrawal, the Seller shall, within ten days at the latest from the date of receipt of the invoice containing the withdrawal notice together with the product, refund the total amount received and any documents that place the consumer under debt, if any, to the consumer without any expense.
A decrease in the value of the goods or the existence of a reason making the return impossible after delivery does not prevent the exercise of the right of withdrawal. However, if the decrease in value or impossibility of return is due to the consumer’s fault, the consumer must compensate the Seller for the value of the goods or the decrease in value.
The general return period is 14 days for any product purchased by mistake. Within this period, returns of products whose packaging has been opened, used, damaged, etc., will not be accepted. Returns must be made with the original packaging.
If any opening, deterioration, breakage, damage, tearing, use, etc., is detected in the mistakenly purchased product and its packaging, and if the product cannot be returned in the same condition as when delivered to the Buyer, the product will not be accepted as a return, and no refund will be made.
For product returns, the situation must first be reported to customer service. The Seller will inform the customer of the return shipping details. After this communication, the product, together with the invoice containing the return information, must be sent to the Seller through the cargo company that delivered the product to the Buyer’s address. If the returned product complies with the conditions specified in this Agreement, it will be accepted as a return, and the refund will be made to the Buyer’s credit card/account. No refund will be made until the product is returned. The time it takes for refunds to be reflected in credit card accounts is at the discretion of the relevant bank.
If the purchase was made by credit card and in installments, the refund procedure to the credit card is as follows: If the Buyer requested to purchase the product in installments, the Bank refunds the Buyer in installments. After the Seller pays the full amount of the product to the bank in a single payment, in the case of installment purchases made via the bank POS terminals, the Bank credits the requested refund amount back to the cardholder’s accounts in installments to avoid causing grievance to the parties involved. If the dates of the refund and the card’s statement period do not coincide, one (1) refund is reflected to the card each month, and the Buyer will receive the refunded installments for as many months as the number of installments paid before the refund, and these will be deducted from the existing debts after the sales installments are completed.
In the event of returns of goods and services purchased by card, due to the agreement with the Bank, the Seller cannot make a cash refund to the Buyer. When a return occurs, the member merchant (the Seller) will process the refund via the relevant software and is obliged to pay the relevant amount to the Bank in cash or by offsetting; therefore, in accordance with the procedure detailed above, no cash payment can be made to the Buyer. The refund to the credit card will be made by the Bank in accordance with the above procedure after the Buyer has paid the amount to the Bank in a single payment.
Article 10 – Confidentiality
The information specified in this Agreement by the Buyer and the information provided to the Seller for the purpose of making payment will not be shared with third parties by the Seller.
The Seller may disclose this information only within the scope of administrative/legal obligations. Within any judicial investigation whose investigatory authority is documented, the Seller may provide the requested information to the relevant authority if in possession.
Credit card information is never stored; credit card information is used only to obtain authorization securely by transmitting it to the relevant banks during the collection process and is deleted from the system after authorization.
The Buyer’s e-mail address, postal address, and phone number are used solely by the Seller for standard product delivery and information procedures. From time to time, campaign information, new product announcements, and promotional information may be sent to the Buyer upon their consent.
Article 11 – Competent Courts and Enforcement Offices in Case of Disputes
In the event of a dispute arising from the implementation of this Agreement, the Consumer Arbitration Committees up to the value announced annually in December by the Ministry of Industry and Trade and the Consumer Courts at the Seller’s place of residence shall be competent.
If the order is finalized, the Buyer is deemed to have accepted all the terms of this Agreement. …/…/…