Distance Sales Contract

DISTANCE SALES AGREEMENT

1. PARTIES

This Agreement has been signed between the following parties under the terms and conditions set forth below.

  1. 'BUYER'; (hereinafter referred to as "BUYER" in the contract)

NAME-SURNAME:
ADDRESS:

  1. 'SELLER'; (hereinafter referred to as "SELLER" in the contract)

NAME-SURNAME: KAYA ELECTRONIC COMMUNICATION INDUSTRY AND FOREIGN TRADE LTD. CO.
ADDRESS: AKŞEMSETTİN MAH. AŞIK MAHSUNİ ŞERİF CAD. NO:86 ESENYURT ISTANBUL

By accepting this agreement, the BUYER acknowledges that if they confirm the order, they will be obligated to pay the price of the order and any additional fees such as shipping costs and taxes, and that they have been informed of this obligation.

2. DEFINITIONS

In the application and interpretation of this agreement, the terms listed below shall have the meanings given in writing opposite them.

MINISTER: The Minister of Customs and Trade,

MINISTRY: The Ministry of Customs and Trade,

LAW: Law No. 6502 on Consumer Protection,

REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)

SERVICE: Any consumer transaction other than the provision of goods, performed or promised to be performed in exchange for a fee or benefit.

SELLER: Kaya Elektronik ve İletişim San. ve Dış Tic. Ltd. Şti,

BUYER: A natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes.

WEBSITE: www.torima.com.tr

ORDERER: The natural or legal person who requests a good or service through the SELLER's website.

PARTIES: The SELLER and the BUYER,

AGREEMENT: This agreement is concluded between the SELLER and the BUYER.

GOODS: Refers to movable property that is the subject of a transaction, and intangible goods such as software, audio, video, and similar items prepared for use in electronic environments.

TOPIC 3

This Agreement regulates the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, ordered by the BUYER electronically through the SELLER's website.

The prices listed and advertised on the site are the selling prices. Advertised prices and terms are valid until updated or changed. Prices advertised for a limited time are valid until the end of the specified period.

4. SELLER INFORMATION

Kaya Electronics and Communications Industry and Foreign Trade Ltd. Co.

Mahmutbey Neighborhood, 26th Road Street, No: 72, Bağcılar/Istanbul

0212 659 66 37 (PBX)

0212 659 32 52 (Fax)

info@torima.com.tr

5. BUYER INFORMATION

The person to be handed over
Delivery Address
Telephone
Fax
Email/username

6. ORDERING PERSON INFORMATION

Name/Surname/Title

Address
Telephone
Fax
Email/username

7. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE AGREEMENT

1. The basic characteristics of the goods/products/services (type, quantity, brand/model, color, number) are published on the SELLER's website. If the seller is running a campaign, you can review the basic characteristics of the relevant product during the campaign period. Valid until the campaign date.

7.2. The prices listed and advertised on the site are sales prices. Advertised prices and offers are valid until updated or changed. Prices advertised for a limited time are valid until the end of the specified period.

7.3. The sales price of the goods or services subject to this contract, including all taxes, is shown below.


Product Description

Piece

Unit Price

Subtotal
(VAT Included)





Shipping Cost




Total :



Payment Method and Plan

Delivery Address

The person to be handed over to

Billing Address

Order Date

Delivery date

Delivery method


7.4. The shipping cost, which is the product delivery fee, will be paid by the BUYER.

8. BILLING INFORMATION

Name/Surname/Title

Address
Telephone
Fax
Email/username
Invoice delivery: The invoice will be delivered to the billing address along with the order during delivery.
will be delivered.

9. GENERAL PROVISIONS

9.1. The BUYER acknowledges, declares, and undertakes that they have read and are informed about the essential characteristics of the product, the sales price, the payment method, and preliminary information regarding delivery on the SELLER's website, and that they have provided the necessary confirmation electronically. The BUYER also acknowledges, declares, and undertakes that by confirming the Preliminary Information electronically, before the conclusion of the distance sales contract, they have received accurate and complete information from the SELLER regarding the address, the essential characteristics of the ordered products, the price of the products including taxes, and payment and delivery information.

9.2. Each product subject to this contract will be delivered to the BUYER or to the person and/or entity at the address indicated by the BUYER within the timeframe specified in the preliminary information section of the website, depending on the distance to the BUYER's place of residence, provided that this period does not exceed the legal limit of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.

9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to this Contract completely, in accordance with the specifications stated in the order, and with any warranty documents, user manuals, and other necessary information and documents; to deliver the product free from any defects, in accordance with legal regulations, in a sound and standard-compliant manner; to perform the work with accuracy and honesty; to maintain and improve service quality; to exercise due care and diligence during the performance of the work; and to act with prudence and foresight.

9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit consent before the expiration of the performance obligation arising from this contract.

9.5. The SELLER acknowledges, declares, and undertakes that if it becomes impossible to deliver the ordered product or service, and thus cannot fulfill its contractual obligations, it will notify the consumer in writing within 3 days of learning of this situation and will refund the total amount to the BUYER within 14 days.

9.6. The BUYER acknowledges, declares, and undertakes that it will confirm this Agreement electronically for the delivery of the product subject to this Agreement, and that if the price of the product subject to this Agreement is not paid for any reason and/or is canceled in the bank records, the SELLER's obligation to deliver the product subject to this Agreement shall cease.

9.7. The BUYER acknowledges, declares, and undertakes that if, after delivery of the product subject to this Contract to the BUYER or to the person and/or entity at the address indicated by the BUYER, the price of the product subject to this Contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized and wrongful use of the BUYER's credit card by unauthorized persons, the BUYER will return the product subject to this Contract to the SELLER within 3 days, with the shipping costs borne by the SELLER.

9.8. The SELLER acknowledges, declares, and undertakes that if it is unable to deliver the product within the specified time due to force majeure events, such as unforeseen circumstances beyond the parties' control that prevent and/or delay the parties from fulfilling their obligations, it will notify the BUYER of the situation. The BUYER also has the right to request the cancellation of the order, the replacement of the product with an equivalent if available, and/or the postponement of the delivery until the hindering situation is resolved. In case of cancellation of the order by the BUYER, the product amount will be refunded in cash within 14 days for payments made by the BUYER. For payments made by credit card, the product amount will be refunded to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER acknowledges, declares, and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and that the reflection of this amount in the BUYER's account after its return to the bank is entirely related to the bank's processing time; therefore, the BUYER cannot hold the SELLER responsible for any possible delays.

9.9. The SELLER has the right to contact the BUYER via letter, email, SMS, telephone call and other means for communication, marketing, notification and other purposes, using the address, email address, landline and mobile phone numbers and other contact information provided by the BUYER in the site registration form or subsequently updated by the BUYER. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities directed towards them.

9.10. The BUYER shall inspect the goods/services subject to this contract before taking delivery; the BUYER shall not accept damaged or defective goods/services from the shipping company, such as those that are dented, broken, or have torn packaging. Goods/services received shall be deemed undamaged and in good condition. The obligation to carefully protect the goods/services after delivery rests with the BUYER. If the right of withdrawal is exercised, the goods/services must not be used. The invoice must be returned.

9.11. If the BUYER and the credit card holder used during the order process are not the same person, or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the cardholder's bank confirming that the credit card belongs to them. The order will be frozen until the BUYER provides the requested information/documents, and if these requests are not met within 24 hours, the SELLER reserves the right to cancel the order.

9.12. The BUYER declares and undertakes that the personal and other information provided while registering on the SELLER's website is accurate and that the BUYER will immediately, in cash and in full, compensate the SELLER for all damages that the SELLER may suffer due to the inaccuracy of this information, upon the SELLER's first notification.

9.13. The BUYER hereby accepts and undertakes to comply with and not violate the provisions of legal legislation while using the SELLER's website. Otherwise, all legal and criminal liabilities arising therefrom shall be entirely and exclusively binding on the BUYER.

9.14. The BUYER may not use the SELLER's website in any way that disrupts public order, violates general morality, disturbs or harasses others, for an illegal purpose, or infringes upon the material or moral rights of others. Furthermore, members may not engage in activities that prevent or hinder others from using the services (spam, viruses, Trojan horses, etc.).

9.15. The SELLER's website may contain links to other websites and/or content that are not under the SELLER's control and/or are owned and/or operated by other third parties. These links are provided to facilitate navigation for the BUYER and do not constitute an endorsement of any website or the person operating that website, nor do they provide any guarantee regarding the information contained on the linked website.

9.16. Any member who violates one or more of the clauses in this agreement shall be personally liable, both criminally and legally, for such violation and shall hold the SELLER harmless from the legal and criminal consequences of such violations. Furthermore, in the event that the matter is brought to court due to this violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1. The BUYER may exercise their right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the goods to themselves or to the person/entity at the address indicated, provided that they notify the SELLER, without incurring any legal or criminal liability and without giving any reason. In distance contracts relating to the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the consumer's consent before the expiration of the withdrawal period. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this contract, the BUYER acknowledges that they have been informed about the right of withdrawal.

10.2. To exercise the right of withdrawal, a written notification must be sent to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days, and the product must be unused in accordance with the "Products for which the Right of Withdrawal Cannot Be Exercised" provisions set forth in this agreement. If this right is exercised,

a) The invoice for the product delivered to the third party or the BUYER. (If the invoice for the product to be returned is issued to a company, it must be sent together with the return invoice issued by the company. Returns of orders invoiced to companies cannot be completed unless a RETURN INVOICE is issued.)

b) Return form,

c) Products to be returned must be delivered complete and undamaged, including the box, packaging, and any standard accessories.

d) The SELLER is obligated to return the total amount and any documents obligating the BUYER to debt within a maximum of 10 days from the date of receipt of the cancellation notice, and to retrieve the goods within 20 days.

e) If the value of the goods decreases or return becomes impossible due to a fault of the BUYER, the BUYER is obliged to compensate the SELLER for the damages in proportion to the fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the goods or product within the withdrawal period.

f) If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount received under the campaign will be cancelled.

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

The following items cannot be returned according to the Regulation: underwear bottoms, swimwear and bikini bottoms, makeup, disposable products, goods that are perishable or likely to expire, products that are opened by the BUYER after delivery and are not suitable for return due to health and hygiene reasons, products that are mixed with other products after delivery and cannot be separated by nature, goods relating to periodicals such as newspapers and magazines, except those provided under a subscription contract, services performed instantly in electronic form or intangible goods delivered instantly to the consumer, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if their packaging has been opened by the BUYER. Furthermore, the right of withdrawal cannot be exercised for services that have begun to be performed with the consumer's consent before the expiration of the withdrawal period, according to the Regulation.

Cosmetics and personal care products, underwear, swimwear, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery supplies (toner, cartridges, ribbons, etc.) must be returned in their original unopened, untried, undamaged, and unused condition.





12. DEFAULT AND ITS LEGAL CONSEQUENCES

The BUYER acknowledges, declares, and undertakes that if they default on payment when using a credit card, they will be liable to pay interest and be responsible to the card-issuing bank in accordance with the credit card agreement between them and the bank. In this case, the relevant bank may resort to legal action; it may demand the resulting costs and attorney fees from the BUYER, and in any case, if the BUYER defaults on their debt, the BUYER acknowledges, declares, and undertakes that they will pay the SELLER for any damages and losses incurred due to the delayed performance of the debt.

13. COMPETENT COURT

In case of disputes arising from this contract, complaints and objections shall be made to the consumer dispute arbitration board or consumer court located in the consumer's place of residence or where the consumer transaction took place, within the monetary limits specified in the law below. Information regarding the monetary limits is as follows:

Effective from 28/05/2014:

a) In accordance with Article 68 of the Law No. 6502 on Consumer Protection, disputes with a value below 2,000.00 (two thousand) TL shall be referred to the district consumer arbitration boards.

b) In disputes with a value below 3,000.00 (three thousand) TL, the matter shall be referred to the provincial consumer arbitration boards.

c) In provinces with metropolitan status, disputes with a value between 2,000.00 TL (two thousand) and 3,000.00 TL (three thousand) are referred to the provincial consumer arbitration boards.
This Agreement is made for commercial purposes.

14. EFFECTIVE DATE

By placing an order through the Site, the BUYER is deemed to have accepted all the terms of this agreement. The SELLER is obligated to make the necessary software arrangements to ensure that the BUYER reads and accepts this agreement on the site before the order is processed.

SALES PERSON:

BUYER:

HISTORY:



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