DISTANCE SALES AGREEMENT
ARTICLE 1- PARTIES:
SELLER Trade Name: KAPADOKYA ÇİNİ SERAMİK İML.TUR.TİC.İŞL.LTD.ŞTİ
Address: Yeni Mahalle Kızılırmak Caddesi 401.Sokak No:91 Avanos/Nevşehir
Tax Number: 4970060030
Phone: +90 384 511 45 77
Email: customercare@chezgalip.com
BUYER / INDIVIDUAL
Name and Surname:
Address:
Phone:
ARTICLE 2- SCOPE OF THE AGREEMENT:
This agreement determines the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 4077 and the Regulation on Distance Contracts regarding the sale and delivery of the product specified below, which the BUYER has ordered electronically from the website www.chezgalip.com belonging to the SELLER.
ARTICLE 3- PRE-INFORMATION:
The Seller provides the following information: a) The main characteristics of the goods or services covered by the contract,
b) The name or trade name of the seller or provider, the MERSIS number, if any, full address, telephone number, and other contact information,
c) If different communication information is available for the seller or provider to handle consumer complaints, this information,
d) The total price of the goods or services, including all taxes, the method of calculating the price if it cannot be determined in advance due to the nature of the goods, and if any, all additional costs such as shipping, delivery, and similar expenses, and the information on how these additional costs will be paid if they cannot be calculated in advance,
e) If the cost of using the remote communication tool cannot be calculated based on the standard tariff, the additional cost burdened on the consumers,
f) Payment, delivery, and execution-related information and, if any, related commitments and methods for resolving complaints by the seller or provider,
g) The conditions, duration, method of exercising the right of withdrawal, and information on the carrier foreseen by the seller for returns if the right of withdrawal exists,
h) Information on the address, fax number, or electronic mail where the withdrawal notification will be sent,
i) Information on situations where the right of withdrawal cannot be exercised or where the consumer may lose the right of withdrawal,
j) Information on deposits or other financial guarantees to be paid or provided by the consumer upon the request of the seller or provider and the related terms, if any,
k) Technical protection measures that may affect the functionality of digital content, if any,
l) Information on the hardware or software that the digital content can work with, known or reasonably expected to be known by the seller or provider,
m) Information that consumers can apply to the Consumer Court or Consumer Arbitration Committee regarding disputes,
and acknowledges that the Buyer has been clearly and appropriately informed of all these issues and has confirmed this pre-information electronically before placing an order, in accordance with this agreement.
The pre-information on the website www.chezgalip.com and the invoice issued for the order placed by the buyer are integral parts of this agreement.
ARTICLE 4- PRODUCT AND DELIVERY INFORMATION:
The type, quantity, brand/model, sales price, payment method, person to whom the delivery will be made, delivery address, invoice information, and shipping cost of the product(s) purchased electronically are as specified in the order summary. The SELLER reserves the right to suspend the order if the information provided by the BUYER is not accurate.
ARTICLE 4- AGREEMENT DATE, DELIVERY, FORCE MAJEURE:
4.1. The agreement date is the date on which the buyer places the order.
4.2. Delivery costs are borne by the Buyer. If the Seller has declared on the website that the delivery costs will be covered by the Seller, then the delivery costs will be borne by the Seller. The delivery of the goods will be made within the promised time after the payment is made and if the Seller has the goods in stock. The Seller delivers the goods/services to the Buyer within 1 (one) to 7 (seven) business days from the date of order, and the Seller reserves the right to extend this period by an additional 7 (seven) business days with written notification.
4.3. Situations that were not present or foreseeable at the time of signing the contract, that are beyond the control of the parties, and that prevent one or both parties from fulfilling their obligations under the contract or fulfilling them on time, will be considered as force majeure (natural disasters, war, terrorism, uprisings, changes in legislative provisions, seizure, or significant breakdowns in production and communication facilities, etc.). The party experiencing the force majeure will immediately notify the other party in writing of the situation. The parties will not be liable for not fulfilling their obligations during the continuation of the force majeure. If this force majeure continues for 30 (thirty) days, either party has the right to unilaterally terminate the contract.
ARTICLE 5- SELLER’S RIGHTS AND OBLIGATIONS:
5.1. The Seller agrees and undertakes to fully fulfill the obligations imposed on it under this agreement in accordance with the Consumer Protection Law No. 4077 and the Regulation on Distance Contracts, except in cases of force majeure.
5.2. The Seller will fulfill its obligation under the contract by delivering the goods/services purchased by the Buyer to the Buyer.
5.3. Purchases can be made on www.chezgalip.com with credit cards (Visa, MasterCard, BKM Express, etc.) or cash on delivery. The order processing time is not when the order is placed, but when the necessary collection is made from the credit card account. Payment methods such as payment on delivery or postal check made without consulting customer service are not accepted.
ARTICLE 6- BUYER’S RIGHTS AND OBLIGATIONS:
6.1. The Buyer agrees and undertakes to fully fulfill the obligations imposed on it under this agreement, except in cases of force majeure.
6.2. The Buyer agrees and undertakes to pay according to the payment method specified in the contract, having accepted the provisions of this agreement by placing an order.
6.3. The Buyer acknowledges and declares that they have been clearly and appropriately informed on www.chezgalip.com about the seller’s name, trade name, full address, phone, and other contact information, the main characteristics of the goods subject to sale, the sales price including taxes, payment method, delivery conditions and costs, and all pre-information about the goods subject to sale and “withdrawal” right and how to exercise this right, official authorities where they can file complaints and appeals, etc., and that they have confirmed this pre-information electronically.
6.4. The Buyer must inspect the goods/services before taking delivery and should not accept damaged, broken, torn, etc., goods/services from the shipping company. If accepted, the responsibility entirely belongs to the Buyer. The goods/services received by the Buyer from the shipping company are considered to be undamaged and intact. The responsibility and damages of the goods/services after delivery belong to the Buyer.
6.5. If, after the delivery of the goods/services, the relevant bank or financial institution does not pay the price of the goods/services to the Seller due to the unauthorized or unlawful use of the Buyer’s credit card not caused by the Buyer’s fault, the Buyer is obliged to return the goods/services to the Seller within 3 (three) days, provided that they have been delivered to the Buyer. In this case, the delivery costs are borne by the Buyer.
6.6. The Buyer agrees and undertakes not to damage the product and its packaging in any way if they wish to return the purchased product and to return the original invoice and delivery note at the time of return.
6.7. If it is understood that the goods subject to the contract cannot be supplied and/or there is a stock problem, the Buyer will be immediately informed clearly and understandably. With the Buyer’s consent, another product of equal quality and price may be sent to the Buyer, or according to the Buyer’s request and choice: a new product may be sent, the product may be awaited to be restocked, or the order may be canceled.
ARTICLE 7- RIGHT OF WITHDRAWAL:
The Buyer has the right to withdraw within 14 (fourteen) days after receiving the goods, with the taxes and shipping costs deducted from the returned product. To exercise the right of withdrawal, the Buyer must notify the Seller in accordance with the provisions of the legislation within this period.
In case of exercising the right of withdrawal: a) The product delivered to the Buyer or the third party specified above must be returned.
b) The products to be returned within the 14 (fourteen) day period must be delivered with the box, packaging, standard accessories, and any other items gifted with the product, if any, in an undamaged and complete manner.
- d) When returning the product to the Seller, the original invoice presented to the Buyer during the delivery of the product must also be returned. The return shipping cost is borne by the Seller. The return section of the invoice to be returned with the product must be filled in and signed by the Buyer.
e) The right of withdrawal period begins on the day the goods are delivered to the Buyer.
f) If it is determined that there has been any opening, deterioration, breaking, damage, tearing, use, or other similar situations in the purchased product or its packaging, or if the product cannot be returned in the same condition as it was delivered to the Buyer, the product will not be accepted for return and the price will not be refunded.
ARTICLE 8- SITUATIONS WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED:
- a) Contracts related to goods or services whose price varies depending on fluctuations in financial markets and which are not under the control of the seller or provider.
b) Contracts related to goods prepared according to the consumer’s requests or personal needs.
c) Contracts related to the delivery of perishable goods or goods that may expire quickly.
d) Contracts related to the delivery of goods whose packaging, tape, seal, or package has been opened after delivery, and which are not suitable for return due to health and hygiene reasons.
e) Contracts related to goods that are mixed with other products after delivery and cannot be separated due to their nature.
f) Contracts related to books, digital content, and computer consumables offered in a physical medium if their protective elements such as packaging, tape, seal, package have been opened after delivery.
g) Contracts related to the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement.
ğ) Contracts related to services performed instantly in an electronic environment or to intangible goods delivered instantly to the consumer.
h) Contracts related to services that are started with the consumer’s approval before the right of withdrawal expires.
ARTICLE 10- PRIVACY AND MEMBERSHIP:
The Privacy Policy and Membership Agreement on the website www.chezgalip.com have been approved by the parties and are an integral part of this agreement.
ARTICLE 11- DEFAULT OF THE BUYER:
11.1. In case the Buyer defaults on credit card transactions, the Buyer will be responsible for paying interest within the framework of the credit card agreement made with the card issuer bank and will be liable to the bank. In this case, the relevant bank may take legal action; the Buyer may be required to pay any resulting costs and attorney’s fees. The Seller has no responsibility in this matter.
11.2. If the Buyer defaults on taking delivery of the product and is not present at the delivery address provided by the Buyer, the relevant product must be picked up from the relevant branch of the shipping company within 3 (three) days. Otherwise, the Seller will be deemed to have fulfilled the contract, and the shipping costs related to the product shipped a second time at the request of the Buyer will be borne by the Buyer.
ARTICLE 12- EVIDENCE AGREEMENT:
The Buyer agrees, declares, and undertakes that in the event of any disputes arising from this Agreement, the official books and commercial records of the Seller, the electronic information and computer records held by the Seller in its database and on its servers shall constitute binding, definitive, and exclusive evidence, and that this article shall be considered as an evidence agreement under Article 193 of the Code of Civil Procedure.
ARTICLE 13- COMPETENT COURT AND EXECUTION OFFICES IN DISPUTES:
In the event of any dispute arising from the application of this agreement, the Consumer Arbitration Committees and the Consumer Courts of Nevşehir shall have jurisdiction, up to the value announced by the Ministry of Industry and Trade in December each year.
ARTICLE 14- FINAL PROVISION:
This Agreement, consisting of 14 (fourteen) articles, has been read and agreed upon by the Parties and has been executed by the Buyer by confirming it electronically, thereby entering into force immediately.
SELLER
KAPADOKYA ÇİNİ SERAMİK İML.TUR.TİC.İŞL.LTD.ŞTİ
BUYER
Costumer Name
