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Home Distance Sales Agreement

PRE-INFORMATION FORM


ORDER DATE


1.THE SELLER;


Title: KAMUTEK BİLİŞİM KIRTASİYE LIMITED COMPANY


Address: Aşağı Eğlence Mah. Giresun Cad. No: 20/5 KEÇİÖREN / ANKARA

Phone: 312 323 18 38

Fax: 312 321 77 55

E-Mail: satis@kamutek.com.tr


BUYER INFORMATION


2.SUBJECT;


The subject of this Pre-Information Form is to inform the Buyer, in accordance with Law No. 6502 on the Protection of Consumers and the Distance Sales Contracts Regulation, regarding the sale and delivery of the product/products whose qualities and sales price are specified below, which the Buyer ordered electronically from the internet site www.ttşarj.com.tr belonging to the Seller.


3.BASIC CHARACTERISTICS OF THE SUBJECT PRODUCT OF THE CONTRACT;


PRODUCTS


PAYMENT METHOD and DELIVERY


Payment Type: |ODEME_SISTEMI|

Cargo Company: |KARGO|

Cargo company selected for return: |KARGO|



4.DELIVERY


4.1. The subject product of the contract is delivered legally to the Buyer or to a 3rd person or organization designated by the Buyer, for each product, within a period not exceeding 30 (Thirty) days, depending on the distance of the Buyer's place of residence. The Seller's behavior contrary to this obligation gives the buyer the right to terminate the contract for just cause. In the event of the contract being terminated in this way, if the seller has collected any amount from the buyer with the execution of this contract, the seller is obliged to refund it to the consumer, including delivery costs, within a maximum of 3 business days from the date the termination notice reaches him, together with the legal interests pursuant to the relevant legislation.


4.2. If the subject product of the contract is to be delivered to a third person or organization outside the contract other than the buyer, the seller cannot be held responsible for this 3rd Person outside the contract refusing to receive the product.


4.3. In order for the supply and delivery procedures of the subject product of the contract to begin, payment must be made together with the signing of this contract. If the subject product price of the contract is not paid or is cancelled through various channels after being paid, the seller's obligation to supply and deliver the product will immediately cease and the contract will be deemed terminated automatically.


4.4. In the event that it becomes impossible to supply and deliver the subject product of the contract, the relevant matter will be notified to the buyer in writing, and in the event that the buyer terminates the contract for this reason, the seller is obliged to refund all amounts received, including the shipping costs for the establishment of this contract, to the buyer within a maximum of 3 business days from the date the termination notice reaches him.


4.5. Until the product is delivered to the buyer or to a 3rd person to be designated, the responsibility of the product belongs to the seller. However, if the buyer wants to choose a company other than the carrier company determined by the seller for the delivery of the product, the seller will be released from responsibility by giving the said product to the relevant carrier company. Together with the delivery of the product to the carrier company determined by the buyer himself, the responsibility of the product is now deemed to have passed to the buyer.


5. RIGHT OF WITHDRAWAL;


In accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts;


5.1. The consumer; in distance contracts regarding the sale of goods, has the right to withdraw from the contract within 14 (Fourteen) days from the date of receipt of the goods without giving any reason and without paying any penalty.


5.2. You can make the withdrawal notification in writing to satis@kamutek.com.tr. Nevertheless, the buyer can use the right to withdraw from the contract under the same conditions during the period from the establishment of the contract until the delivery of the product. The notification regarding the use of the right of withdrawal must be in writing and the proof that this notification has been made belongs to the consumer.


5.3. In the event that the Buyer uses the right of withdrawal, it is mandatory to return the original of the invoice regarding the goods/service delivered to the 3rd person or to the Buyer to the Seller.


5.4. In determining the period of the right of withdrawal, Law No. 6502 and the provisions of the Regulation on Distance Contracts apply. Accordingly;


In products that are the subject of a single order but delivered separately, the day on which the consumer or a 3rd person designated by the consumer receives the last goods; in products consisting of more than one part, the day on which the consumer or a 3rd person designated by the consumer receives the last part is taken as basis.


5.5. The cases in which the consumer cannot use the right of withdrawal are as follows;


Products prepared in line with the consumer's requests or personal needs, products presented in physical environment in case protective elements such as packaging, tape seal, package have been opened after the delivery of the goods, and products deemed as periodical publications such as newspapers and magazines, except those provided within the scope of subscription contracts.


5.6. In the event that the consumer uses the right of withdrawal and makes this notification to the seller, the seller is obliged to refund all amounts taken for the product, including expenses, within 3 business days from the date this notification reaches him in writing.


5.7. Together with the consumer returning the product within the withdrawal period, provided that they used the product in accordance with its operation, technical features, and instructions for use, they will not be responsible for the changes and deteriorations that occur. Nevertheless, if a damage or any defect has occurred in the product due to being contrary to the natural use of the product and not acting in accordance with the instructions for use, the seller has no responsibility for the return and exchange of the product.


5.8. If the consumer sends the goods back through the carrier company specified by the seller in the pre-information while using their right of withdrawal, they will not have to pay any expense regarding the return. However, if it is sent with a different company other than the carrier company specified in the pre-information, the shipping costs belong to the buyer. If no carrier company is specified for return in the pre-information form, in this case, the carrier company preferred for the delivery of the product is deemed to have been preferred again. Nevertheless, if the said carrier company does not have a branch in the place where the buyer is located, no expense can be demanded from the buyer.


5.9. The consumer is obliged to send the product back to the address of the seller specified in Article 1 within a maximum of ten (10) days from the date they directed their right of withdrawal to the seller. Products not sent within this period and products sent after this period will be deemed that the buyer has abandoned the return request and the return request will not be accepted. However, if the seller has declared that he will receive the product himself, this provision does not apply in that case.


6.Complaint and Resolution Method;


The buyer can convey all kinds of complaints regarding the subject goods to the seller at the seller's address stated above. Complaints delivered to the seller will be examined by the authorized units determined by the seller and a return will be made to the buyer within the most reasonable period.


7.Final Provisions


7.1. The consumer should inspect the goods before receiving them and should not receive defective and damaged goods from the cargo company official. The buyer accepts that the product received from the cargo is intact and undamaged.


7.2. If the seller detects that the information regarding the order is incomplete, fake, or wrong, or if it is detected that the order is contrary to good faith and/or made for the purpose of obtaining commercial gain, or in case of reasonable doubt, the seller reserves the right to stop or cancel the order provided that the buyer is informed. In the event that the order is cancelled, the refund of the payment is made by notifying the buyer.


7.3. Due to force majeure cases that occur outside the seller's will, that were not foreseen in advance, and that prevent or delay the seller from fulfilling his debts, the product delivery may not take place within the time. In these cases, the seller undertakes to inform the buyer. In this case, the buyer has the right to request from the seller the cancellation of the order, the replacement of the subject product of the order with its equivalent, and/or the postponement of the delivery until the situation preventing it from being made within the time is eliminated.


7.4. It is a condition for the delivery of the subject product of the contract that the sales price has been paid with the payment method preferred by the BUYER. If the product price is not paid for any reason or is cancelled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product. In the event that the price of the delivered product is not paid to the Seller for any reason, the Buyer is obliged to return this product to the Seller's address stated above within 3 days. In this case, the delivery expenses belong to the Buyer.


8.COMPETENT AND AUTHORISED COURT;


All complaints and objections arising from the application of this contract are made to the Consumer Problems Arbitration Committee in the place where the Buyer's residence is located or where the goods were purchased, according to the monetary value limits determined every year in December by the Ministry of Customs and Trade. However, if the monetary limit is such that Consumer Courts are competent, an application is made to the competent Consumer Courts.


The buyer accepts and undertakes, pursuant to Article 48 of Law No. 6502, that they have read the preliminary information and are aware of it, and that they have given the necessary commitment electronically.

This period can be determined up to 14 days in accordance with the law.


In such a case, it is necessary to notify the Buyer in writing within 3 days from the date the situation is learned.


It must be notified in writing within 3 days when performance becomes impossible; refunds of payments can be made within 14 days.


All Sellers are obliged to act in accordance with this regulation. Leaving all cargo charges and bank collection expenses on the seller in case of withdrawal is a consequence of this regulation.


The law has limited the refund of the fee to 14 days. The 3-day regulation complies with the law, but extending it up to 14 days would be in favor.


This regulation complies with the legislation, and it is not possible, by legislation, to leave any of these obligations on the Consumer.


The Law and the Regulation mandate this regulation.


If no carrier company is envisaged for return in the pre-information form, return expenses cannot be demanded. (m.12.3.2)


In case a special line or resolution method has been established for complaints, this should be specifically included in this section. In case it is considered to create a section regarding complaints on the internet site, information regarding this link will also need to be included.


In such a case, the period and conditions for the refund of the price in prepayments should be written.


DISTANCE SALES CONTRACT


|SIPARIS_TARIHI|


ARTICLE 1- PARTIES


SELLER


Title: KAMUTEK BİLİŞİM KIRTASİYE LIMITED COMPANY


Address: Aşağı Eğlence Mah. Giresun Cad. No: 20/5 KEÇİÖREN / ANKARA

Phone: 312 323 18 38

Fax: 312 321 77 55

E-Mail: satis@kamutek.com.tr


BUYER INFORMATION


ARTICLE 2 - SUBJECT


The subject of this Distance Sales Contract (hereinafter referred to only as the contract) is the determination of the rights and obligations of the parties in accordance with Law No. 6502 on the Protection of Consumers, the Regulation on Distance Contracts, and other relevant legal provisions, regarding the sale and delivery of the product whose qualities and sales price are specified below, which the Seller has sold to the Buyer (Consumer).


ARTICLE 3 - ESTABLISHMENT OF THE CONTRACT


3.1. The buyer declares and undertakes that they have read and understood the entire contract and are aware of their rights and obligations.


3.2. The seller and the buyer accept that there is no disproportion between the performances agreed in the contract, that they are appropriate to the nature of the reciprocal performances, and that they have no inexperience within the scope of the transactions covered by the subject of the contract.


3.3. The buyer and the seller accept that the contract provisions do not have a feature that may constitute an unfair term, and that there is no clear unfairness and disproportion in terms of the balance of interests.



ARTICLE 4 - SUBJECT PRODUCT INFORMATION AND PRICE OF THE CONTRACT|URUNLER|


ARTICLE 5 - GENERAL PROVISIONS


5.1. The buyer declares that they have read and are aware of all preliminary information regarding the basic qualities of the subject product of the contract specified in Article 4, the sales price and payment method, and that they have given the necessary confirmation electronically.


5.2. The subject product of the contract is delivered legally to the Buyer or to a 3rd person or organization designated by the Buyer, for each product, within the period explained in the preliminary information, without exceeding a period of 30 (Thirty) days, depending on the distance of the Buyer's place of residence. The Seller's behavior contrary to this obligation gives the buyer the right to terminate the contract for just cause. In the event of the contract being terminated in this way, if the seller has collected any amount from the buyer with the execution of this contract, the seller is obliged to refund it to the consumer, including delivery costs, within a maximum of 3 business days from the date the termination notice reaches him, together with the legal interests pursuant to the relevant legislation.


5.3. If the subject product of the contract is to be delivered to a third person or organization outside the contract other than the buyer, the seller cannot be held responsible for this 3rd Person outside the contract refusing to receive the product.


5.4. In order for the supply and delivery procedures of the subject product of the contract to begin, payment must be made together with the signing of this contract. If the subject product price of the contract is not paid or is cancelled through various channels after being paid, the seller's obligation to supply and deliver the product will immediately cease and the contract will be deemed terminated automatically.


5.5. In the event that it becomes impossible to supply and deliver the subject product of the contract, the relevant matter will be notified to the buyer, and in the event that the buyer terminates the contract for this reason, the seller is obliged to refund all amounts received, including the shipping costs for the establishment of this contract, to the buyer within a maximum of 3 business days from the date the termination notice reaches him.


5.6. Until the product is delivered to the buyer or to a 3rd person to be designated, the responsibility of the product belongs to the seller. However, if the buyer wants to choose a company other than the carrier company determined by the seller for the delivery of the product, the seller will be released from responsibility by giving the said product to the relevant carrier company. Together with the delivery of the product to the carrier company determined by the buyer himself, the responsibility of the product is now deemed to have passed to the buyer.


5.7. The sale of the product subject to this contract by the seller is directed to the end consumer. The seller; if he suspects that the buyer bought the product for the purpose of reselling, or in case indications showing this emerge, he can terminate the contract unilaterally and for just cause.


5.8. The buyer declares and undertakes that they cannot make the return or exchange of the product they purchased over the internet from the stores where the seller's brand is located.


ARTICLE 6- RIGHT OF WITHDRAWAL


In accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts;


6.1. The consumer; in distance contracts regarding the sale of goods, has the right to withdraw from the contract within 14 (Fourteen) days from the date of receipt of the goods without giving any reason and without paying any penalty.


6.2. You can make the withdrawal notification in writing to satis@kamutek.com.tr. Nevertheless, the buyer can use the right to withdraw from the contract under the same conditions during the period from the establishment of the contract until the delivery of the product. The notification regarding the use of the right of withdrawal must be in writing and the proof that this notification has been made belongs to the consumer.


6.3. In the event that the Buyer uses the right of withdrawal, it is mandatory to return the original of the invoice regarding the goods/service delivered to the 3rd person or to the Buyer to the Seller, and if the invoice is not sent together with the product to the address of the SELLER specified in Article 1, VAT and other legal obligations, if any, cannot be returned to the BUYER. The buyer, by benefiting from this right, will write the phrase 'it is a return invoice' on the invoice together with the product to be returned and sign it.


6.4. In determining the period of the right of withdrawal, Law No. 6502 and the provisions of the Regulation on Distance Contracts apply. Accordingly; In products that are the subject of a single order but delivered separately, the day on which the consumer or a 3rd person designated by the consumer receives the last goods; in products consisting of more than one part, the day on which the consumer or a 3rd person designated by the consumer receives the last part is taken as basis.


6.5. The cases in which the consumer cannot use the right of withdrawal are as follows;


Products prepared in line with the consumer's requests or personal needs, products presented in physical environment in case protective elements such as packaging, tape seal, package have been opened after the delivery of the goods, and products deemed as periodical publications such as newspapers and magazines, except those provided within the scope of subscription contracts.


6.6. In the event that the consumer uses the right of withdrawal and makes this notification to the seller, the seller is obliged to refund all amounts taken for the product, including expenses, within 3 business days from the date this notification reaches him in writing.


6.7. Together with the consumer returning the product within the withdrawal period, provided that they used the product in accordance with its operation, technical features, and instructions for use, they will not be responsible for the changes and deteriorations that occur. Nevertheless, if a damage or any defect has occurred in the product due to being contrary to the natural use of the product and not acting in accordance with the instructions for use, the seller has no responsibility for the return and exchange of the product.


6.8. If the consumer sends the goods back through the carrier company specified by the seller in the pre-information while using their right of withdrawal, they will not have to pay any expense regarding the return. However, if it is sent with a different company other than the carrier company specified in the pre-information, the shipping costs belong to the buyer. If no carrier company is specified for return in the pre-information form, in this case, the carrier company preferred for the delivery of the product is deemed to have been preferred again. Nevertheless, if the said carrier company does not have a branch in the place where the buyer is located, no expense can be demanded from the buyer.


6.9. The consumer is obliged to send the product back to the seller within a maximum of ten (10) days from the date they directed their right of withdrawal to the seller. Products not sent within this period and products sent after this period will be deemed that the buyer has abandoned the return request and the return request will not be accepted. However, if the seller has declared that he will receive the product himself, this provision does not apply in that case.


7.Defective Goods


7.1. Defective goods; is the goods that are contrary to the contract at the time of delivery to the consumer, either because they do not comply with the sample or model agreed upon by the parties or because they do not carry the features they objectively should have. Goods that do not carry one or more of the features contained in their packaging, label, introduction and user guide, internet portal, or in their advertisements and announcements; that are contrary to the quality notified by the seller or determined in its technical regulation; that do not meet the purpose of use of equivalent goods, that reduce or eliminate the benefits the consumer reasonably expects, containing material, legal, or economic deficiencies, are also considered defective.


7.2. In this case, the consumer has the rights to withdraw from the contract including the refund of the price, replacement of the goods with a flawless equivalent, price reduction in proportion to the defect, or free repair. The seller is obliged to fulfill this request preferred by the consumer.


7.3. In the cases where the consumer was aware of the defect at the date the contract was established or where it was expected to be aware, there is no breach of contract. The consumer's optional rights against defects other than these are reserved.


8. Final Provisions


8.1. The BUYER declares that they have read the preliminary information regarding the basic qualities of the subject product of the contract on the (...) internet site, the sales price including all taxes and the payment method, the delivery and that its costs will be covered by (...), the period of delivery, and the full trade name, open address, and contact information of the SELLER, and that they are in possession of correct and complete information and have given the necessary confirmation electronically. The pre-information form on the (...) Internet Site and the invoice regarding the sale are annexes and inseparable parts of this Contract.


8.2. The distance sales contract made with you will be kept electronically by the Seller for 3 (three) years from the date the contract is established. After this contract is established, the contract text will be sent to your e-mail address.


8.3. The SELLER is responsible for the delivery of the subject product of the contract intact, complete, in accordance with the features specified in the order, and with warranty documents and user manuals, if any.


8.4. In the event that the BUYER falls into default in fulfilling their performances, the BUYER accepts, declares, and undertakes to pay all kinds of damages incurred by the SELLER, except in the cases where the default arising from their delayed performance results from the fault of the SELLER.


8.5. If the seller detects that the information regarding the order is incomplete, fake, or wrong, or if it is detected that the order is contrary to good faith and/or made for the purpose of obtaining commercial gain, or in case of reasonable doubt, the seller reserves the right to stop or cancel the order provided that the buyer is informed. In the event that the order is cancelled, the refund of the payment is made by notifying the buyer.


8.6. Due to force majeure cases that occur outside the seller's will, that were not foreseen in advance, and that prevent or delay the seller from fulfilling his debts, the product delivery may not take place within the time. In these cases, the seller undertakes to inform the buyer. In this case, the buyer has the right to request from the seller the cancellation of the order, the replacement of the subject product of the order with its equivalent, and/or the postponement of the delivery until the situation preventing it from being made within the time is eliminated.


8.7. It is a condition for the delivery of the subject product of the contract that the sales price has been paid with the payment method preferred by the BUYER. If the product price is not paid for any reason or is cancelled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product. In the event that the price of the delivered product is not paid to the Seller for any reason, the Buyer is obliged to return this product to the Seller's address stated above within 3 days. In this case, the delivery expenses belong to the Buyer.


9.COMPETENT AND AUTHORISED COURT;


All complaints and objections arising from the application of this contract are made to the Consumer Problems Arbitration Committee in the place where the Buyer's residence is located or where the goods were purchased, according to the monetary value limits determined every year in December by the Ministry of Customs and Trade. However, if the monetary limit is such that Consumer Courts are competent, an application is made to the competent Consumer Courts.

All Sellers are obliged to act in accordance with this regulation. Leaving all cargo charges and bank collection expenses on the seller in case of withdrawal is a consequence of this regulation.


The law has limited the refund of the fee to 14 days. The 3-day regulation complies with the law, but extending it up to 14 days would be in favor.


This regulation complies with the legislation, and it is not possible, by legislation, to leave any of these obligations on the Consumer.


The Law and the Regulation mandate this regulation.


If no carrier company is envisaged for return in the pre-information form, return expenses cannot be demanded.


In such a case, the reasonable period and conditions for the refund of the price in prepayments should be written.