KAFT DISTANCE SALE AGREEMENT

ARTICLE 1: PARTIES

This Kaft Distance Sales Agreement (“Agreement”) has been concluded electronically between the SELLER and the BUYER whose information is given below.

1.1. SELLER

Corporate Name: KAFT Tasarım Tekstil San. ve Tic. A.Ş.
Address: Konaklar Mah. Akasyalı Sk. No:12 34330 Beşiktaş/İstanbul
Phone Number: +90 212 2673634
Fax Number: +90 212 2673638
E-mail Address: info@kaft.com
Address for Product Return: Yakuplu Mah. Bakırcılar ve Pirinççiler San. Sit. Karanfil Cad. No:5 Kat:1 34520 Beylikdüzü/İstanbul
Customer Service Contact Number: +90 212 2673634
Mersis No: 0487052510200026

1.2. BUYER

Full Name / Title:
Delivery Address:
Phone Number:
E-mail Address:

SELLER and BUYER shall be referred to as "Party" individually and "Parties" together.

 

ARTICLE 2:

THE BUYER AGREES THAT HE HAS READ AND UNDERSTOOD THE AGREEMENT AND IS AWARE OF HIS RIGHTS AND OBLIGATIONS.

THE PARTIES ACKNOWLEDGE THAT THERE IS NO DISPROPORTION BETWEEN THE PERFORMANCES AGREED UPON IN THE AGREEMENT AND THAT THE MUTUAL PERFORMANCES ARE APPROPRIATE TO THE NATURE OF THE WORK AND THAT THEY HAVE NO INEXPERIENCE IN THE TRANSACTIONS COVERED BY THE AGREEMENT.

THE BUYER AGREES THAT IT HAS COME TO THE FULL CONVICTION THAT THE TRANSACTIONS COVERED BY THE AGREEMENT ARE IN ITS BEST INTEREST AND THAT IT WILL COMPLY WITH ALL THE TERMS OF THE AGREEMENT OF ITS OWN FREE WILL, WITHOUT ANY DIFFICULTY OR INCONVENIENCE, THOUGHTFULLY, WILLINGLY AND KNOWINGLY.

THE PARTIES AGREE THAT THE PROVISIONS OF THE AGREEMENT DO NOT HAVE A FEATURE THAT CAN BE CONSIDERED AS UNFAIR TERMS AND THAT THERE IS NO UNFAIRNESS IN TERMS OF THE BALANCE OF INTERESTS.

THE PROVISIONS OF THIS AGREEMENT DO NOT CONTAIN ANY UNFAIR TERMS IN ACCORDANCE WITH THE PROVISIONS OF THE REGULATION ON UNFAIR TERMS IN CONSUMER CONTRACTS. THE PROVISIONS DO NOT CONTRADICT THE RULE OF HONESTY AND GOOD FAITH AND HAVE BEEN PREPARED IN ACCORDANCE WITH THE LEGISLATION ON THE PROTECTION OF THE CONSUMER.

THE PROVISIONS OF THIS AGREEMENT HAVE BEEN PREPARED BY TAKING INTO ACCOUNT THE PROVISIONS OF THE TURKISH CODE OF OBLIGATIONS. THE BINDING AND CONTENT CONTROL STIPULATED IN ARTICLE 21 OF THE TURKISH CODE OF OBLIGATIONS HAS BEEN MADE BY THE BUYER. NONE OF THE PROVISIONS OF THIS AGREEMENT ARE FOREIGN TO THE NATURE OF THIS AGREEMENT AND THE NATURE OF THE WORK (CONFUSING TERMS). THE PROVISIONS OF THIS AGREMENT ARE WRITTEN IN A CLEAR AND UNDERSTANDABLE MANNER AND DO NOT EXPRESS MORE THAN ONE MEANING.

ARTICLE 3: SUBJECT

The subject of this Agreement is the rights and responsibilities of the parties in accordance with the provisions of Law On the Protection of the Consumer no. 6052 and “Regulation for the Distant Sale Agreements” that has been entered into force with its publication on the Official Gazette no. 29188 on 27.11.2014, with regard to the sale and delivery of the product(s) qualification and prices of which are given below by the SELLER to the ORDERER/BUYER through the website www.kaft.com (“Web Site”).

 

ARTICLE 4: INFORMATION IN RESPECT OF THE PRODUCT(S) COVERED UNDER THIS AGREEMENT

The type, amount, brand/model, color, number, price, and payment type of the Good/Product/Products/Service are as follows.

Design	Description	Quantity	Unit price	KDV	Total amount

				KDV	0
				Shipping	0
				Total	0

 

Basic characteristics of the product/service subject to the agreement:

• Product/Service Type: Sale of products and/or services made by the SELLER to the BUYER through the Website
• Product/Service Name:
• Quantity/Quantity:

The price of the product/service subject to the Agreement:

• Product/Service Price:
• Shipping Cost: 0
• Product/Service Total Amount (Including Shipping, Taxes): 0 (According to the rules of the country where the products will be delivered to the Buyer, customs tax and/or additional fees may be required before the delivery of the product to the Buyer, and such additional charges are not included in the Product/Service Total Amount.)

Payment terms of the product/service subject to the Agreement:

• Payment Method:
• Number of Installments:
• Credit Difference Received:
• The interest rate used in the term difference calculation:

Delivery conditions of the product/service subject to the Agreement:

• Carrier Company Information: DHL (Express)
• Delivery Address:
• Delivery Person:

The product / service subject to the Agreement is delivered to the BUYER or the person / organization at the address indicated by the BUYER within this 30 (thirty) day period, depending on the distance of the delivery address of the BUYER for each product, provided that it does not exceed the 30 (thirty) day legal period following the receipt of the order to the SELLER.

The shipping fee, which is the cost of product shipment, is included in the total sales price of the product.

 

ARTICLE 5: GENERAL CONDITIONS

5.1. By purchasing products and services from the SELLER, the BUYER accepts, declares and undertakes that he / she has read this Agreement in its entirety, understands its content in its entirety and approves all its provisions, and that he / she is obliged to pay the product prices specified above over the total order amount for the product / products subject to the Agreement. Likewise, the SELLER declares and undertakes the following matters to the BUYER. Therefore, the accuracy of the information provided by the BUYER when purchasing the service is undertaken by the BUYER.

5.2. The information in respect of the BUYER and invoice details may belong to the same or different persons. In case they belong to different persons, the BUYER is responsible for all information provided under this Agreement.

5.3. The BUYER accepts that all information he/she has given under this Agreement are correct. In case it is not possible to reach the BUYER through the provided information, the SELLER will not be held responsible yet the BUYER will be responsible.

5.4. The service offered by the SELLER is for the end user within the scope of retail sales; The SELLER reserves the right to cancel the order and not deliver the products even if this Agreement has been established if the SELLER suspects that the BUYER has a resale purpose.

5.5. For the delivery of the product subject to this agreement, this agreement must be confirmed electronically and the price of the order subject to the agreement must be paid. If for any reason the product price is not paid or canceled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product under this agreement.

5.6. In order for this Distant Sales Agreement to be executed, this Agreement needs to be approved electronically by the BUYER.

5.7. For the delivery of the product/products covered under this agreement, this agreement is required to be signed in an electronic environment by the BUYER and sent to the SELLER and the price of the product shall be transferred to the SELLER’s account in accordance with the payment type that the BUYER prefers. In case the price of the product cannot be transferred to the SELLER’s account or in case transfer order is cancelled under the relevant bank’s records, the SELLER will no longer be held responsible for the delivery of the product.

5.8. The BUYER accepts, declares and undertakes that he / she has read and informed the preliminary information form uploaded by the SELLER regarding the basic qualifications, sales price and payment method, delivery and shipping costs of the product or service subject to the Agreement on the Website, that he / she has given the necessary confirmation electronically and that he / she knows that he / she is under PAYMENT OBLIGATION by confirming the order on the Website, that he / she has purchased the product / service electronically, that the sales price will be collected from the credit card / debit card whose information he / she has entered for the payment transaction.

5.9. The BUYER accepts and declares that all rights arising from the Law on Intellectual Property Rights in respect of each special design technique, texture, pattern, design element (icons, buttons, etc.), styles, gradient, and solid shade along with the elements used in any kind of graphic designs, illustration works, drawings, designs and other works used for the designs produced by the SELLER belong to the SELLER.

5.10. The BUYER accepts and declares that printing any kind of designs, illustrations, or similar drawings that are not associated with the SELLER and that the SELLER does not have any rights in respect thereof arising from the Law on Intellectual Property Rights on the printless products which the SELLER produces and sells as “BASIC” through its web site for commercial resale purposes and selling those shall be deemed as a breach of SELLER’s intellectual property rights arising from Law on Intellectual Property Rights and relevant statutory decrees

5.11. The BUYER accepts and declares that BUYER will be legally held responsible for the damage incurred by third parties due to the sale by the BUYER of the products which have the SELLER’s trademarks on it in a manner that breaches SELLER’s intellectual property rights arising from the Law on Intellectual Property Rights or the relevant decrees.

5.12. If the BUYER is not present at the address where the order is requested to be delivered, the order will definitely not be left to another address. In this case, the BUYER has to accept the legal obligations arising from the fact that he / she has placed an order at an address where he / she is not present.

5.13. If the product / products subject to the Agreement will be delivered to a person / organization other than the ordering BUYER, the SELLER cannot be held responsible for the refusal of the person / organization to accept the delivery. In this case, all responsibility belongs to the ordering BUYER.

5.14. The SELLER is responsible for delivering the product(s) covered under this agreement undamaged, complete, having the qualifications defined in the order and if available, together with warranty certificate and user manuals.

5.15. As long as there is a reasonable explanation, SELLER may supply another product with equal quality and price if SELLER notifies and obtains BUYER’s approval expressly before the expiration of its contractual obligation.

5.16. For the delivery of the product subject to the a-Agreement this Agreement must be confirmed electronically and the price of the order subject to the Agreement must be paid. If for any reason the product price is not paid or canceled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product under this Agreement.

5.17. The SELLER is responsible for the loss and damages incurred until the delivery of the goods to the BUYER or a third party to be determined by the BUYER other than the carrier. In the event that the BUYER requests the goods to be sent by a carrier other than the carrier determined by the SELLER, the SELLER is not responsible for any loss or damage that may occur after the delivery of the goods to the relevant carrier.

5.18. The SELLER cannot be held responsible for delays in product delivery due to the fact that the persons authorized by the BUYER do not accept to receive the product, the address of the BUYER specified in this Agreement is incorrect or incomplete. In this case, the responsibility for any loss and damage arising from the late receipt of the product belongs to the BUYER.

5.19. The BUYER must inspect the product before receiving it, and must not receive the defective and damaged product, which can be detected by ordinary inspection, from the SELLER's official or cargo company. If the BUYER neglects to inspect the goods and receives the goods, it is deemed to have accepted that the product is intact and undamaged.

5.20. Unless the product(s) subject to the Agreement is a product prepared in line with the BUYER's request or personal needs, it shall be delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the preliminary information form depending on the distance of the BUYER's settlement for each product, provided that it does not exceed the legal 30 (thirty) day period. In order to avoid any doubt, for the delivery of the products/services subject to this Agreement, it is a condition that this Agreement and the Preliminary Information Form have been confirmed electronically by the BUYER and that the price of the product(s)/services has been paid in full and in full with the payment method preferred by the BUYER. If for any reason the product / service price is not paid, paid incompletely or the payment is canceled in the bank records, the SELLER shall be deemed to be released from the obligation to deliver the product.

5.21. In case the SELLER fails to fulfill its contractual obligations due to the product or service subject to the order becoming impossible to fulfill, the SELLER will inform the BUYER in writing or with permanent data storage within three days of the date of becoming aware and the SELLER will refund all charged amount including the delivery costs within at least 14 days as from the notification.

5.22. In case a related bank or financial institution fails to pay the product price to the SELLER after the delivery of the product due to the use of BUYER’s credit card unlawfully or by unauthorized persons without BUYER’s fault, BUYER must send the product to SELLER within 3 (three) days if the BUYER has already received the delivery. In this case, the delivery costs shall be borne by the BUYER.

5.23. In case SELLER fails to deliver the product subject to the agreement in due time due to force majeure or extraordinary conditions such as adverse weather condition, interruption of transportation which prevent the transportation, the SELLER is obliged to inform the BUYER. In this case, the BUYER may exercise one of his rights from among cancelling the order, replacing the product covered under this agreement with a similar one, if any, and/or postponing the delivery time until the cessation of the impeding condition. If the BUYER cancels the order, the amount charged shall be paid to BUYER fully in cash and within 10 days.

5.24. 18. Persons who is under the age of 18, cannot make purchases from the Website, even if products are offered to sale for children.

5.25. The product prices are provided on the website in Turkish Lira currency including VAT. BUYER can purchase products from the website via credit card, wire transfer or EFT. The orders placed by credit card will not be directly taken into process but will be later processed at the moment when such amount required to be paid by the BUYER under this agreement is blocked from the credit card or when it is ascertained by SELLER’s representatives that the wire transfer/EFT order amount is received by the SELLER. In case of payment orders made through wire transfer or EFT, the orders will be cancelled in case the BUYER’s payment is not transferred to the SELLER’s account within two days.

5.26. The BUYER should inspect the product before receiving it, and should not receive the defective and damaged product, which can be detected by ordinary inspection, from the SELLER official or the cargo company. A record must be kept with the courier company official relating to products that are found damaged during delivery. If the BUYER neglects to inspect the goods and receives the goods, he/she is deemed to have accepted that the product is intact and undamaged. In case of any defect in the products sold with a warranty certificate, the products may be sent to authorized services.

5.27. The SELLER is not responsible for the deductions that the banks make during the payment process such as charges for wire transfers or any other deductions made under other titles. Accordingly, the BUYER accepts that he/she will confirm any information such as interest rates, transfer costs, default interest with his/her own Bank and that the mentioned issues will be determined according to the terms of the agreement made between him/her and his/her Bank.

5.28. When a refund to the credit card is requested, it is not possible to make refund to the BUYER in cash. SELLER’s only responsibility in such a case is the payment of the amount made by the card to the bank. Credit card refunds is being made within the limits of agreements made between the SELLER and banks and current refund policies of the banks. Within this scope, for the refunds of purchases with installments, BUYER accepts the fact that he/she will receive the refund from the bank in the same amount of installments and he approves this process. Even if the SELLER orders the bank to make the refund at once, the refund can only be made with installments by the bank. BUYER accepts that s/he has reahed and accepted the terms of this article.

5.29. This Agreement shall be valid after being approved electronically by the BUYER and upon its receipt by the SELLER.

5.30. In the framework of this agreement, the SELLER can cooperate with third parties in the design and sale of the products. Within the framework of this cooperation, following the sale of the products, an e-certificate can be sent to the BUYER by the cooperated companies; and BUYER accepts this condition.

 

ARTICLE 6: RIGHT OF WITHDRAWAL

Without prejudice to the other provisions set forth in the Agreement, the terms and conditions set forth under this Article 5 shall only be valid if the BUYER is a consumer within the scope of the relevant legislation.

Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts and the right of withdrawal and its use for Buyers who have the title of consumer within the scope of the Distance Contracts Regulation:

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

Consumer BUYER; In contracts for the performance of services, from the day the contract is established; In distance contracts for the sale of goods, he or the third party designated by him has the right to withdraw from the contract within 14 (fourteen) days from the date of receipt of the goods without any justification and without penal clause. It is sufficient that the notification of the exercise of the right of withdrawal is directed to the SELLER in writing or by permanent data storage within this period. The contact information of the SELLER where the withdrawal notification can be made is as follows:

Open Address: Konaklar Mah. Akasyalı Sk. No:12 34330 Beşiktaş/İstanbul
Fax No: +90 212 2673638
Email: info@kaft.com

In the event that the right of withdrawal is exercised, it is obligatory to return the original invoice to the SELLER with a copy of the cargo delivery record that the product / products delivered to the BUYER were sent to the SELLER.

The consumer BUYER will be informed after the notification regarding the use of the right of withdrawal reaches the SELLER.

The SELLER shall, within 14 (fourteen) days from the date of receipt of the notification that the consumer BUYER has exercised the right of withdrawal, refund to the consumer BUYER all payments made by the consumer BUYER to the SELLER for the relevant goods or services, including the costs of delivery of the goods to the consumer BUYER, if any, in accordance with the payment instrument used when purchasing and in one lump sum, without any cost or obligation to the consumer.

If the consumer BUYER exercises the right of withdrawal, the cargo company that will receive the product back as stipulated by the SELLER is Yurtiçi Kargo. If the right of withdrawal is exercised, the consumer BUYER is not held responsible for the costs related to the return if the goods are sent back through the cargo company specified here. If the consumer BUYER sends the goods to be returned by the BUYER with a cargo company other than the SELLER's contracted cargo company specified in this Agreement, the SELLER is not responsible for the return shipping costs and the damage to the goods during the shipping process. In the event that the cargo company contracted for the return does not have a branch in the location of the consumer BUYER, the SELLER is obliged to ensure that the goods to be returned are received from the consumer without any additional costs.

The consumer must send the goods back to the SELLER within 10 (ten) days from the date of the notification that the BUYER has exercised the right of withdrawal. Together with the goods subject to return, the invoice, box, packaging, standard accessories, if any, and other products gifted due to the purchase of the goods in question must be returned to the SELLER complete and undamaged. The consumer BUYER must use the goods in accordance with the functioning, technical specifications and instructions for use within the withdrawal period, otherwise it is responsible for the changes and deterioration that occur in the goods.

Since the return of the order amounts paid through bank accounts or credit cards and their reflection in the accounts of the consumer BUYER are completely related to the bank transaction process, it is not possible for the SELLER to intervene in any way for possible delays. For this reason, it may take a long time for the bank to reflect the amount returned to the consumer BUYER's bank account or credit card to the consumer BUYER's account or credit card.

The BUYER accepts, declares, and undertakes that he is aware of the fact that he/she cannot use the right of withdrawal in the following cases which are specified in Article 15 of the Regulation on Distant Sales Agreements:

a) Agreements for goods or services whose price varies depending on fluctuations in financial markets and which are not under the control of the seller or supplier,

b) Agreements related to the products which is prepared in accordance with the consumers’ needs or personal requests,

c) Agreements related to the delivery of goods that may deteriorate quickly or expire,

ç) Agreements for the delivery of products whose protective elements such as packaging, tape, seal, package have been opened and their return is not suitable for health and hygiene,

d) Agreements for goods that are mixed with other products after delivery and which cannot be separated due to their nature,

e) Agreements related to books, digital content and computer consumables presented in tangible environment in case protective elements such as packaging, tape, seal, package are opened after delivery of the goods,

f) Agreements for the delivery of periodical publications such as newspapers and magazines, except those provided under the subscription agreement

g) Agreements related to accommodation, transportation of goods, car rental, food and beverage supply and the evaluation of leisure time for entertainment or recreation purposes, which must be carried out on a specific date or period,

ğ) Agreements for services performed instantly in electronic environment or for intangible products delivered to consumers instantly,

h) Agreements for services which are executed with the approval of the consumer before the expiration of the right of the withdrawal period.

Complaint and objection procedure for Buyers who are consumers within the scope of the Law No. 6502 on Consumer Protection and Distance Contracts Regulation:

Any complaints and objections arising from this Agreement may be filed with the Arbitration Committee for Consumer Problems or the Consumer Court in the place where the BUYER's residence is located or where the consumer transaction is made, according to the monetary limits determined by the Ministry of Commerce in December each year.

 

ARTICLE 7: MISCELLANEOUS PROVISIONS

7.1. This Agreement will be sent to the BUYER by e-mail after it is approved and established by the BUYER, and the SELLER will keep this Agreement for 3 (three) years. The BUYER may request access to the copy of this Agreement from the SELLER by applying with a request sent to info@kaft.com at any time.

7.2. The BUYER may communicate his/her complaints regarding the products and services to the SELLER (i) by sending an e-mail to info@kaft.com, (ii) via the Website or (iii) by calling the phone number +90 212 2673634. If the complaint is submitted, the SELLER will provide all possible support as soon as possible to solve the problem and will contact the BUYER in this regard.

7.3. The SELLER may transfer its rights and obligations arising from this Agreement to third parties without the approval of the BUYER. The BUYER cannot transfer the rights and obligations arising from this Agreement to third parties without the approval of the SELLER.

7.4. The SELLER agrees that in disputes that may arise under this Agreement, the electronic records and system records, commercial records, ledger records, microfilm, microfiche and computer records kept by the SELLER in its database or servers shall constitute valid, binding, conclusive and exclusive evidence; the SELLER agrees that the SELLER is free from the oath offer and that this article is an evidence Agreement within the meaning of Article 193 of the Code of Civil Procedure.

7.5. The occurrence of circumstances beyond the control of the Parties that prevent and/or delay the Parties from fulfilling their obligations under this Agreement without any fault or negligence of the relevant Party shall be considered as a force majeure event. (For example, strikes, lockouts, war whether declared or not, civil war, acts of terrorism, earthquakes, fires, floods, similar natural disasters, legislative and administrative actions of any official authority, provided that it is not due to the incompetence of any of the Parties, technical failures and delays to be experienced regarding failures and delays arising from other service providers providing internet connection and similar situations). The Parties shall not be held liable for failure to fulfill their obligations in full or in a timely manner in cases including these and similar events that are beyond their control and that they cannot reasonably foresee. The Party whose obligations are affected by any force majeure event shall notify the other Party in writing as soon as possible and shall provide the other Party as soon as practicable with a document issued by an authorized person or body attesting to the force majeure event in question.

7.6. The BUYER accepts that he/she has read and learned the pre-information on basic qualification, sales price and payment type of the product covered under this agreement and the distant sales agreement on www.kaft.com website and that he/she has confirmed such in electronic environment. By confirming the Pre-Information Form and Distant Sales Agreement on an electronic environment, BUYER confirms that he has been informed completely and correctly on the address information that is required to be given to the BUYER by the SELLER, basic qualification, VAT included sales price and payment and delivery details of the ordered products.

7.7. For the delivery of the product, this Distant Sales Agreement must be confirmed in electronic environment. In case the product price is not paid for any reason or the bank records in respect of the payment are cancelled, the SELLER shall be deemed released from its obligation to deliver the products.

 

ARTICLE 8: DEFAULT OF DEBTOR

In the event that the BUYER defaults in the transactions made by the credit card, the cardholder will be liable to the bank within the framework of the credit card agreement made by the bank with the bank. In this case, the relevant bank may apply for legal remedies and may request the costs and attorney fees from the BUYER. Under all circumstances, if the BUYER defaults, the BUYER shall be liable for all damages and losses incurred by the SELLER. The BUYER agrees to pay the damage and loss incurred by the SELLER due to the delayed performance of the debt

 

ARTICLE 9: COMPETENT COURT

Consumers may file their complaints and objections to the Arbitration Committee for Consumer Problems or the Consumer Court in the place where the consumer's place of residence is located or where the consumer transaction is made, according to the monetary limits determined by the Ministry of Trade in December each year.

If this Agreement is approved, the BUYER is deemed to have accepted all the terms of this Agreement.

 

ARTICLE 10: EFFECTIVE DATE

This Agreement has been concluded and entered into force on [●].2023 by being approved electronically by the BUYER. Transactions made through the Website shall be considered as binding declarations of will of the Parties in accordance with the Turkish Code of Obligations, consumer legislation, if applicable, and other applicable legislation.

 

Seller: KAFT Tasarım Tekstil Sanayi ve Ticaret Anonim Şirketi
Buyer:
Date: Jun 12, 2024