Kammana Distance Selling Agreement
Article 1- Parties
First Name :
Name - surname / TC.No:
Article 2- Subject
The subject of this contract is the Law No. 4077 on the Protection of Consumers with regard to the sale and delivery of the product, the qualifications and sales of which are specified below, of which the SELLER has ordered (e-commerce) electronically from the website http://www.kammana.com. It is the determination of the rights and obligations of the parties in accordance with the provisions of the Regulation on Contracts.
Buyer, seller's name, title, full address, telephone and other access information, basic qualities of the goods subject to sale, sales price including taxes, form of payment, delivery conditions and costs etc. all preliminary information about the property subject to sale and the use of the right of withdrawal and how to exercise this right, official authorities to which they can submit complaints and objections etc. It agrees and declares that it is clear, understandable and in accordance with the internet environment (e-commerce site) by the seller, confirms these preliminary information electronically and then orders the goods.
Preliminary information and invoice issued by the buyer on the http://www.kammana.com site are integral parts of this contract.
Article 3- Contract Product / Payment / Delivery Information
The type and type, quantity, brand / model, sales price, payment method, delivery person, delivery address, invoice information, shipping fee of the product / products received in the electronic environment are as follows. The person to be billed and the contractor must be the same. The information contained must be accurate and complete. The buyer accepts to cover the losses that may arise from situations where this information is not correct or deficient and also accepts any responsibility that may arise from this situation.
The SELLER reserves the right to suspend the order when the information provided by the BUYER does not match the reality, if he deems it necessary. In cases where the SELLER detects a problem in the order, if the phone does not reach the BUYER from the phone, e-mail and postal addresses provided by the BUYER, it freezes the order for 15 (fifteen) days. The BUYER is expected to contact the SELLER regarding the issue during this period. If no reply is received from the BUYER within this period, the SELLER cancels the order so that both parties are not harmed.
Product / Products Name, code:; … Total Sales Price:…. -TL Payment Method: Credit Card / Bank Transfer (EFT) Person to be Delivered: Phone number: Address to be Delivered: Person to be billed / Institution: Invoice Address: Tax Office: Tax Registry Number: Shipping Fee:… -TL
Article 4- Contract Date and Force Majeure
The contract date is the date when the order was placed by the buyer ../../…. It is history.
Situations that do not exist or are not foreseen at the time of signing the contract, which developed outside the control of the parties, which, when it occurs, make it impossible for one or both of the parties to fulfill their obligations and obligations under the contract partially or completely (Natural disaster, war terrorism, uprising, changing legislative provisions, seizure or strike, lockout, significant failure in production and communication facilities, etc.). The party taking place in the person of force majeure will notify the other party immediately and in writing.
During the continuation of the force majeure, no responsibility will arise due to the parties' failure to fulfill their actions. If this force majeure condition persists for 30 (thirty) days, each party will have the right to terminate unilaterally.
Article 5- Rights and Obligations of the Seller
5.1. The Seller accepts and undertakes to fulfill the actions stipulated in the contract in full, except for force majeure, in accordance with the provisions of the Law on the Protection of Consumers No. 4077 and the Regulation on Distance Contracts.
5.2. People under the age of 18 (eighteen) cannot shop. The seller will be based on the age of the buyer specified in the contract. However, no liability can be imposed on the seller in any way because of the wrong age of the buyer.
5.3. Http://www.kammana.com is not responsible for price errors caused by system errors. Based on this, the seller is not responsible for the promotion, price errors that may arise due to the system on the website, the design or the interventions that may be illegally made on the website. Based on system errors, the buyer cannot claim rights from the seller.
5.4. You can shop from http://www.kammana.com by credit card (Visa, MasterCard, etc.) or bank transfer. Orders that are not transferred within one week from the order date are canceled. The processing time of the orders is not the moment when the order is placed, but the time when the required collection is made from the credit card account or the transfer (EFT) reaches the bank accounts. Payment methods that are carried out without contacting customer service, such as a pay post or postal check, are not accepted.
Article 6- Rights and Obligations of the Buyer
6.1. The Buyer agrees and undertakes to fulfill the actions imposed on him in the contract, except for force majeure.
6.2. The buyer accepts and undertakes that he has been deemed to have accepted the terms of the contract of employment, and that he will make the payment in accordance with the form of payment specified in the contract.
6.3. Buyer, the name, title, full address, telephone and other access information of the seller from the website of http://www.kammana.com, the basic qualities of the goods subject to sale, the sales price including taxes, payment method, delivery conditions and costs etc. all preliminary information about the property subject to sale and the use of the right of withdrawal and how to exercise this right, official authorities to which they can submit complaints and objections etc. accepts and declares that it has clear, understandable and appropriate knowledge of the internet environment that it confirms these preliminary information electronically.
6.4. Depending on the previous clause, the Buyer declares that he has read and informed about the order / payment / usage procedure information on the www.bayk.us order / payment / usage procedure information, which includes product order and payment conditions, product usage instructions, precautions against possible situations and warnings made. .
6.5. The buyer accepts and undertakes not to damage the product and its packaging, to return the original invoice and return in case of return, in case it wants to return the product it bought.
Article 7- Order / Payment Procedure
After the TL amount of the products added to the shopping cart including VAT (total installment amounts in installments) are approved by the buyer, they are processed on the postage of the relevant bank card. Therefore, the order confirmation mail is sent to the customer before the orders are shipped. No shipment will be made without the order confirmation mail.
Any malfunctions in the process or problems that may arise with the credit card are notified to the recipient by using one or more of the phone / fax / e-mail ways specified in the contract. If necessary, the buyer may be asked to contact his bank. The time to process orders is not the moment the order is placed, but the moment when the necessary collection is made from the credit card account or that the transfer (EFT) reaches the seller accounts.
Exceptionally, in the event that it is understood that the goods subject to the contract cannot be procured and / or in case of a stock problem, the buyer can be sent another goods of equal quality and price or in line with the desire and choice of the buyer; another new product can be sent, the product can be sent to stock or other obstacle to delivery will be expected to disappear and / or the order may be canceled.
In cases where it is impossible to fulfill the delivery obligation of the contractual goods, the buyer is informed about this situation and the total price he paid and any documents that put him under debt are returned to him within ten days at the latest and the contract is canceled. In such a case, the buyer will not have any additional material or moral damages from the seller.
At http://www.kammana.com, buyers who do not want to use their credit card information on the internet are offered cash order options. When paying with money order, the buyer can choose the bank that best suits him and make his transfer. If EFT has been made, the date of posting will be taken into account. When sending money order and / or EFT, “Sender Information” must be the same as the Billing Information and the order number must be written.
In case the bank or financial institution does not pay the product price to the Seller due to the unfair or unlawful use of the credit card of the Buyer by the unauthorized persons after the delivery of the product, not due to the Buyer's fault, Must send to. In such cases, the shipping costs belong to the Buyer.
If the buyer chose to pay by credit card, the PURCHASER will further confirm the relevant interest rates and information regarding the default interest from the bank, and in accordance with the legislation provisions in force, the provisions regarding the interest and default interest will be applied within the scope of the "Credit Card Agreement" between the Bank and the BUYER. declare and undertake.
Article 8- Shipping / Delivery Procedure
Upon sending the order confirmation mail, the product / products are delivered to the courier company with which the seller has an agreement.
The product / products will be delivered to the recipient's address by the cargo that the seller has agreed with. The delivery period is 30 days after the order confirmation mail has been sent and the contract has been established. This period can be extended up to ten days, provided that the recipient is notified in advance in writing or through a continuous data carrier.
The products are sent to the regions where the cargo companies do not deliver the address with telephone notice.
In regions where the Cargo Company delivers once a week, there may be sagging in the specified time in cases such as some social events and natural disasters in cases where there is a mistake and deficiency in the shipment information. Due to these sags, the buyer cannot assume any liability to the seller. If the product is to be delivered to another person / organization from the Buyer, the seller is not responsible for the extra shipping costs that may arise due to the fact that the person / organization to be delivered does not accept the delivery, the inactivity in the shipment information and / or the Buyer's absence. If the product / products did not reach the customer within the specified days, delivery problems should be reported to the customer service immediately using the contact e-mail address.
In case of damaged package; Damaged packages should not be received and a report should be made to the Cargo Company official. If the Cargo Company official thinks that the package is not damaged, the buyer has the right to have the package opened there to check that the products have been delivered undamaged and to request the situation to be determined again. After the package is received by the Buyer, it is accepted that the Cargo Company performs its duty in full. If the package is not accepted and the report is kept, the situation should be reported to the seller Customer Service as soon as possible, together with the remaining copy of the minutes in the Buyer.
Article 9- Procedure Regarding Product Return and Right of Withdrawal
The buyer has the right to withdraw from the contract within seven days after receiving the goods without showing any justification and without penalty. In order to be able to make the return transactions in accordance with the general communique of the tax procedure law numbered 385, the buyer must complete the return sections at the bottom of the 2 invoices belonging to the seller delivered with the goods, and send the copy to the seller together with the product. the period starts from the day the goods are delivered to the buyer. The returning price of the returned product or products must be borne by the buyer.
There is no right of withdrawal for the goods prepared in accordance with the buyer's requests and / or his personal needs clearly.
In the event that the buyer uses his right of withdrawal, the seller will return the total price he has received within ten days from the receipt of the invoice containing the withdrawal notice and any documents that put the consumer under debt without any cost to the consumer.
The decrease in the value of the delivered goods or the existence of a reason that makes the return impossible does not prevent the exercise of the right of withdrawal. However, if the decrease in value or the impossibility of return is caused by the defect of the consumer, the seller must compensate the value or decrease in the value of the good.
The general return period is 7 days for every product purchased inadvertently. During this period, the return of products that have been opened, used, destroyed and so on will not be accepted. Returns must be made with the original packaging.
In the event that any opening, deterioration, breakage, destruction, tearing, use and other conditions are detected in the product and packaging, which are taken inadvertently, and if the product cannot be returned as it was delivered to the buyer, the product is not returned and its price is not refunded.
For product returns, the situation should be forwarded to customer service first. The return information of the product is sent to the customer by the seller. After this meeting, the product with the invoice containing the information regarding the return should be delivered to the seller via the courier company delivering to the recipient's address. If the return product reaching the seller meets the conditions specified in this contract, it is accepted as a refund, and the refund is made to the credit card / account of the buyer. No refund is made before the product is returned. The period of reflection of the refunds made on the credit card to the credit card accounts is at the disposal of the relevant bank.
If the shopping is done with a credit card and in installments, the procedure for returning to the credit card will be applied as follows: The bank repays the buyer in installments, with the number of installments of the buyer. After the seller pays the entire price of the product to the bank at once, the refund amounts demanded by the parties involved in the matter in order to prevent the parties involved in the issue from being returned to the victim status in the case of returning the credit card to the buyer, are transferred to the bearer accounts by installments. If the return date and the cut-off dates of the card do not coincide, 1 (one) return will be reflected to the card every month, and the buyer will receive the installments he paid before the return, the number of installments he paid before return and will be deducted from his current debts.
In the event of the return of goods and services purchased with the card, the seller cannot pay the buyer in cash, in accordance with the contract he has made with the Bank. The merchant, that is, the seller, will make a refund in the case of a refund transaction, and since the merchant, that is, the seller, is obliged to pay the relevant amount to the Bank in cash or deducted, the buyer cannot be paid in cash in accordance with the procedure described above. The refund to the credit card will be made by the Bank in accordance with the above procedure after the buyer has paid the Bank the amount in one go.
Products that are used and cleaned in accordance with the instructions for use are guaranteed for 2 years against any production defects within the following conditions: The warranty liability of the seller is valid only for the consumers covered by the law numbered 4077. The provisions of the Turkish Commercial Code will be applicable for commercial works.
Article 11- Confidentiality
The information provided by the buyer to the seller for the purpose of making payments and the information specified in this contract will not be shared by the seller with third parties.
The seller may only disclose this information in the presence of administrative / legal obligation. Within the scope of any forensic investigation documented with a research license, the seller can provide the relevant authority if he / she has the information requested from him.
Credit Card information is never stored, Credit Card information is only used to securely transmit to relevant banks during the collection process, and is deleted from the system after provisioning.
Information such as the recipient's e-mail address, mailing address, and telephone are used only by the seller for standard product delivery and information procedures. In some periods, campaign information, information about new products, promotional information can be sent to the buyer after approval.
Article 12- Competent Courts and Enforcement Offices in Case of Conflict
In case of a dispute arising from the implementation of this contract, the Consumer Arbitration Committees and the Consumer Courts in the settlement of the Buyer or Seller are authorized until the value announced by the Ministry of Industry and Trade in December every year.
In the event of an order, the Buyer is deemed to have accepted all the terms of this contract. ... / ... / ...