DISTANCE SALES AGREEMANT

1. SIDES

1.1. SELLER

Title: KILIM MOBİLYA A.S. (“KILIM MOBILYA”)
Adress: Organize Sanayi Bölgesi 43.Cadde No:27 Melikgazi/Kayseri
Costumer Service Phone: 444 25 49
Fax: 0352 322 02 22
Mersis No: 0563046651900062

 

1.2 ALICI:

Name/Surname/Title: [Member Name]
Adress: [Member Adress]
Phone: [Member Phone]
Email: [Member E-Mail]
Date : [Order Date]

 

2. Definitions

a) CUSTOMIZED PRODUCT: These are products that are specially produced in line with the BUYER's requests and / or require installation. For example, seats with changed fabric color and type, furniture with changed wood material properties, products that are installed and assembled, products produced in special dimensions, products with protective elements such as packaging, tape, seal, package opened after delivery fall into the CUSTOMIZED PRODUCT category.

b) STANDARD PRODUCT: Products whose features are not changed in line with the BUYER's requests.

c) SHIPPED PRODUCT: These are the products in which the product delivery is carried out by the transportation teams of Kilim Mobilya.

d) CARGO PRODUCT: These are the products for which the product delivery is made by contracted cargo companies.

e) DISPLAY PRODUCT: These are the products offered in Kilim Mobilya Stores.

f) VIRTUAL POS: It refers to the credit card payment method made in computer environment in Kilim Mobilya Stores.

g) MOBILE POS: Refers to credit card payment terminals in Kilim Mobilya Stores.

h) INTERNET SITE: Refers to the www.kilimmobilya.com.tr website.

i) STORE: It refers to the Kilim Mobilya store where the sale is made.

j) BUYER: BUYER or third person designated by BUYER

3. SUBJECT

The subject of this contract is that the BUYER places an order to the SELLER electronically on the www.kilimmobilya.com.tr extension website, the application and all the applications connected to it ("Website"), the Preliminary Information Form and the qualifications and sales price on the website. It is the determination of the mutual rights and obligations of the Parties in accordance with the provisions of the Law No. 6502 on Consumer Protection ("Law No. 6502") and the Regulation on Distance Contracts regarding the presentation and sale of the products ("Products").
 

4. PRODUCT

The name, quantity, sales price including VAT, payment method and basic characteristics of the product or service subject to the contract are as follows.
 

5. PAYMENT METHOD

5.1. PAYMENT WITH CREDIT CARD

a) When the BUYER chooses the credit card payment method, it will enter the credit card information on the relevant page before completing the shopping on the INTERNET SITE.

b) The BUYER may choose any of the installment options, as appropriate, or make the payment with a single withdrawal option.

c) BUYER's bank may organize campaigns and apply a higher number of installments than the selected installments, and may offer services such as installment postponement. Such campaigns are at the initiative of the BUYER bank and if it is within the knowledge of the SELLER, information about the campaigns is provided on the INTERNET SITE.

d) If the BUYER chooses one of the installment options, the order total will be divided by the number of installments starting from the credit card statement date and will be reflected on the credit card summary by the BUYER bank. The bank may not distribute the installment amounts evenly over the months, taking into account the differences in fractions. Creating a detailed payment plan is at the initiative of the BUYER bank.

e) On the other hand, since the term sales are made only with the credit cards belonging to the banks, the BUYER will also confirm the relevant interest rates and the information about the default interest from the bank, and in accordance with the provisions of the current legislation, the credit card agreement between the Bank and the BUYER It accepts, declares and undertakes that it will be applied within the scope of

f) If the BUYER goes into default in transactions made by credit card, the BUYER will pay interest and be liable to the bank within the framework of the credit card agreement made with the bank. In the event that the BUYER goes into default due to its debt, the BUYER agrees and undertakes to pay the loss and damage of the SELLER due to the delayed performance of the debt.

g) The BUYER will be responsible for the accuracy of the card information to be given during the credit card payment method.g) In the payments made using the credit card payment method option, if the card is used illegally by someone other than the holder, transactions are made in accordance with the provisions of the Bank Cards and Credit Cards Law and the Regulation on Bank Cards and Credit Cards.

5.2. PAYMENT BY TRANSFER / EFT

a) When the BUYER chooses to pay by money order / EFT, the SELLER's bank IBAN information will be shared with the BUYER on the Website.

b) After the BUYER makes the payment by wire transfer / EFT, the order will be confirmed after the payment reaches the SELLER bank account. The BUYER must write the order number in the explanation part of the transfer process.

5.3. PAYNMET WITH VOICE ANSWER SYSTEM

a) In purchases made by phone, the BUYER will be directed to the voice response system for payment and will key in the required credit card information to make the payment.

b) The BUYER will be informed when the payment is made via the voice response system.

6. DELIVERY

a) The PRODUCT is delivered to the delivery address specified by the BUYER or the person / organization at the address indicated, packaged and intact.

b) This period may be extended in cases such as war, natural disaster, riot, strike, lockout, flood, fire, earthquake that occur without any fault of the SELLER and cannot be prevented by reasonable measures.

c) Even if the BUYER is not at the address at the time of delivery, the SELLER will be deemed to have fulfilled his obligation fully and completely. For this reason, the SELLER is not responsible for the damages and expenses caused by the BUYER's late delivery and / or non-delivery of the product.

d) If the product is to be delivered to another person / organization other than the BUYER, the SELLER cannot be held responsible if the person / organization to be delivered does not accept the delivery.

e) Delivery to islands, overseas and abroad is not possible.

6.1. SHIPPED PRODUCTS DELIVERY

a) When the products to be sent by shipping are ready for shipment, the BUYER is contacted via SMS and e-mail to determine the appropriate week for delivery. The final delivery date is scheduled for a day to be determined by the SELLER from the 7-day interval selected by the BUYER.

b) The BUYER is reached 1-3 days before the planned delivery date via SMS or call and the BUYER's approval is received. Since delivery plans are prepared automatically by the system, no changes are made except in special cases.

c) The day of delivery is called and informed during the day before arriving for delivery.

d) In the special situation of the BUYER or in cases where no one is present at the specified address and the delivery cannot be carried out, the 2nd delivery is rescheduled for at least 14 days later and the SELLER requests an extra shipping fee for the new shipping organization.

e) For shipping deliveries involving installation, the installation is done on the same day as the delivery. The setup is not set for a different day.

f) If a problem is noticed during delivery, the problem must be specified by the BUYER on the delivery form to be provided by the delivery team.

g) If there is no freight elevator in the building and if the elevator is required to be kept in the building, the responsibility belongs to the BUYER.

6.2. CARGO PRODUCTS DELIVERY

a) When your products to be sent by cargo are shipped, the relevant cargo company and cargo tracking number are shared with you via SMS and e-mail.

b) Packages with a volume of 30 deci and above are delivered at the building door.

c) The BUYER is responsible for checking the PRODUCT as soon as it is received and when it sees a problem in the PRODUCT arising from the cargo, not to accept the PRODUCT and to make a report to the CARGO company official. Otherwise, the SELLER will not accept any liability.

d) At points far from the village, town or city center where the cargo cannot be delivered, your cargo is brought to the nearest central branch and the BUYER is informed to receive it from there. The BUYER will need to receive the cargo within the specified period.

6.3. INSTALLATION PURCHASE OPTIONAL PRODUCTS SERVICE DELIVERY

a) If additional installation service is purchased for products whose installation belongs to the customer, installation service is planned within seven (7) days at the latest after the product is delivered.

b) The BUYER is contacted 1-3 days before the planned service date via SMS or call and the BUYER's approval is received. Since the service plans are prepared automatically by the system, no changes are made except in special cases.

c) On the day of installation, before coming for installation, a call is made during the day and information is given.

d) It is the responsibility of the BUYER to open and check the product for which additional installation service is received before the installation service arrives. If there is a defect in the product before the installation service, it is important that it is complete.

e) In case of returning products installed with additional installation service, it is the responsibility of the BUYER to disassemble the product again.

7. ORDER CANCELLATION

The BUYER may request a free cancellation or change within 3 days of the order date for products that have not yet been delivered. For cancellation requests after the 3rd day, the Right of Withdrawal, PRODUCT RETURN AND EXCHANGE conditions apply.

8. RIGHT OF WITHDRAWAL, RETURN AND EXCHANGE

a) The BUYER has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery for STANDARD PRODUCTS without stating any justification and paying any penalty.

i) The Consumer Right of Withdrawal starts on the day the BUYER receives the PRODUCT in the contracts regarding the delivery of goods. However, the BUYER may also use its right of withdrawal within the period from the establishment of the contract until the delivery of the PRODUCT.

ii) In determining the period of right of withdrawal; For goods that are subject to a single order and delivered separately, the day the consumer or the third party designated by the consumer receives the last good, and for goods consisting of more than one piece, the day the BUYER receives the last piece is considered the delivery day.

iii) Before the right of withdrawal expires, you can send an e-mail to info@vivense.com or call our call center at 444 25 49. iv) After the right of withdrawal of the BUYER expires, arbitrary refunds are not accepted for STANDARD PRODUCTS.

b) The BUYER cannot use the right of withdrawal for CUSTOMIZED PRODUCTS.
i) For CUSTOMIZED PRODUCTS that do not have the right of withdrawal of the BUYER, the SELLER has the right to receive a refund with 30% deduction for the CUSTOMIZED PRODUCTS, in order not to reject the return request of the BUYER, at the discretion of the SELLER. This request is valid for 14 days after the delivery date.
c) In the request for the return of the products, the transported products will be returned by our own delivery team, and if the delivery of the products is made by cargo, the product should be returned by the BUYER by cargo. Even if the delivery of the products with cargo type is made by shipping, the return must be made by the BUYER by cargo.

9. WARRANT COVERAGE AND AFTER-SALES SERVICES

a) The product sold is under warranty for 2 years by Kilim Mobilya.

b) In cases where a defect is detected in the PRODUCT, the SELLER undertakes to solve the problem within 30 days. Defects at the time of delivery must be reported to the SELLER at the time of delivery.

 c) Situations caused by the BUYER's usage error are not covered by the Warranty.

10. PAYMENT REFUND AND PROCEDURE

a) The payment process for ORDER CANCELLATION is initiated within 7 business days following the BUYER's request.

b) The return payment process for the product return is started within 7 business days following the receipt of the PRODUCT to the SELLER.

c) When calculating the refund fee for orders that are fulfilled within a campaign with a participation lower limit, if the remaining order amount does not meet the lower limit, the current campaign will be disabled and the refund will be calculated according to the remaining amount.

10.1. REFUND ON PAYMENT WITH CREDIT CARD

a) If the BUYER purchased the product in installments, the Bank makes the refund to the BUYER in installments. The method of return to the BUYER by the Bank is between the BANK and the BUYER and the SELLER has no responsibility in this regard.

b) After the SELLER pays the entire price of the product to the bank at once, in the event that the installment expenses made from the Bank POS are returned to the BUYER's credit card, the requested refund amounts are transferred by the Bank to the accounts of the bearer, again in installments, in order to prevent the parties involved in the matter from becoming victims. The installment amounts paid by the BUYER until the cancellation of the sale, if the return date and the card cut-off dates do not coincide, 1 (one) refund will be reflected on the card every month and the installments paid by the BUYER before the return are over as many months as the number of installments paid before the return. will be credited and deducted from existing debts.

c) In the event of the return of goods and services purchased with a card, the SELLER cannot pay the BUYER in cash in accordance with the contract made with the Bank. Payments made by credit card are refunded to the same credit card.

10.2. REFUND ON PAYMENT WITH MOBILE POS CREDIT CARD

a) If the BUYER purchased the product in installments, the Bank makes the refund to the BUYER in installments. The method of return to the BUYER by the Bank is between the BANK and the BUYER and the SELLER has no responsibility in this regard.

b) After the SELLER pays the entire price of the product to the bank at once, in the event that the installment expenses made from the Bank POS are returned to the BUYER's credit card, the requested refund amounts are transferred by the Bank to the accounts of the bearer, again in installments, in order to prevent the parties involved in the matter from becoming victims. The installment amounts paid by the BUYER until the cancellation of the sale, if the return date and the card cut-off dates do not coincide, 1 (one) refund will be reflected on the card every month and the installments paid by the BUYER before the return are over as many months as the number of installments paid before the return. will be credited and deducted from existing debts.

c) In the event of the return of goods and services purchased with a card, the SELLER cannot pay the BUYER in cash in accordance with the contract made with the Bank. In case of a refund transaction, the SELLER will make the refund via the relevant software, and since the SELLER is obliged to pay the relevant amount to the Bank in cash or on account, cash payment cannot be made to the BUYER in accordance with the procedure mentioned above. The refund to the credit card will be made by the Bank in accordance with the above procedure, after the SELLER has paid the Bank the amount in one time.

10.3. REFUND ON PAYMENT BY TRANSFER / EFT

a) A refund will be made to the bank account declared by the BUYER.
b) Orders made using a gift voucher cannot be refunded, but will be refunded with a gift voucher.

11. GENERAL PROVISIONS

The BUYER declares that he has read the preliminary information about the product subject to the contract on the website www.kilimmobilya.com.tr and has given the necessary confirmation electronically. Prices may be subject to instant changes depending on market conditions or campaigns. Kilim Mobilya reserves the right to change the product prices at any time and without prior notice, and / or to change the campaign terms and end date without notice. The SELLER is responsible for the delivery of the contractual product in a sound, complete manner, in accordance with the specifications specified in the order, and with warranty documents and user manuals, if any. For the delivery of the product subject to the contract, the price of this contract must be paid in the form of payment preferred by the BUYER. If, for any reason, the product price is not paid or is canceled in the bank records, the SELLER shall be deemed to be freed from the obligation to deliver the product.If the bank or financial institution does not pay the price of the product to the SELLER due to the fact that the credit card belonging to the BUYER is used unfairly or unlawfully by unauthorized persons after the delivery of the product, provided that the BUYER has delivered the product to the SELLER. or must be sent. In case of defective (defective, damaged, etc.) products that are sold with or without warranty certificate, or in case of malfunction or deterioration within the scope and conditions of the warranty, the products in question can be sent to the SELLER to have the necessary repair done by the authorized service, in this case the shipping costs will be covered by the SELLER. In accordance with the general notification of the tax procedure law numbered 385, the relevant parts of the invoice with the return section we have sent to you must be filled in completely and sent back to us together with the product after it is signed.If the BUYER does not pay the price of the product ordered or the sales price cannot be collected due to the absence of the required amount in the credit card account, the product will not be sold. The BUYER acknowledges, declares and undertakes that the time of processing the order is not the moment when the order is placed, but when the necessary collection is made or the payment is made from the credit card account, and if this collection cannot be made, the SELLER will not be obliged to offer any product. The SELLER is not responsible for price and content errors arising from typesetting and system errors that may occur on the Website.

12. DISPUTA AND AUTHORIZED COURT

In the disputes arising from this contract, the Consumer Problems Arbitration Committee or the Consumer Court is authorized within the monetary limits determined by the Ministry of Customs and Trade in the place where you are directly located or where the consumer transaction is made.

13. EVIDANCE AGREEMANT

The SELLER records (including magnetic media records such as computer-sound recordings) constitute definitive evidence in the resolution of any dispute that may arise from this Agreement and / or its implementation.

14. FORCE

With the acceptance and approval of this Agreement and the payment of the order placed on the Website, the BUYER will be deemed to have accepted all the terms of this Agreement and this Agreement will enter into force.BUYER, SELLER's name, title, full address, telephone and other access information, the basic characteristics of the service subject to the contract, the sales price including taxes, payment method, all preliminary information about the service subject to sale and the use of the right of "withdrawal" and It is understood how to use it, the official authorities to which they can submit their complaints and objections and all the rights and obligations brought by the contract, that they are informed by the SELLER in accordance with the internet environment and the Law No. 6502, that they have accurate and complete information on these issues, that they have confirmed these preliminary information electronically it accepts, declares and undertakes that it is a party by accepting the terms of the Agreement and that it has no objection. The Preliminary Information Form on the Website and the invoice issued upon the order placed by the BUYER are integral parts of this Agreement.