Shipping policy

DISTANCE SALES AGREEMENT

1. PARTIES

This Agreement has been signed between the following parties within the framework of the terms and conditions specified below. 

A.'BUYER' ; (hereinafter referred to in the agreement as the "BUYER")

B.'ŞAHİNLER KOLL.ŞTİ' ; (hereinafter referred to in the agreement as the "SELLER")

NAME-SURNAME:

ADDRESS: 

By accepting this agreement, the BUYER accepts in advance that, if they confirm the order that is the subject of the agreement, they will be under the obligation to pay the price of the order and any additional charges specified such as shipping fee and tax, and that they have been informed about this.

2. DEFINITIONS

In the application and interpretation of this agreement, the terms written below shall express the written explanations opposite them.

MINISTER: The Minister of Customs and Trade,

MINISTRY: The Ministry of Customs and  Trade,

LAW: Law No. 6502 on the Protection of the Consumer,

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

SERVICE: The subject of any consumer transaction, other than the supply of goods, that is carried out or undertaken to be carried out in return for a fee or benefit,

SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities, or that acts in the name of or on behalf of the one offering the goods,

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

SITE: The SELLER's website,

ORDERING PARTY: 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 concluded between the SELLER and the BUYER,

GOODS: Refers to the movable property subject to the shopping, and the intangible goods such as software, sound, images and the like prepared for use in the electronic environment.

3. SUBJECT

This Agreement regulates the rights and obligations of the parties, pursuant to the provisions of Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts, regarding the sale and delivery of the product whose qualities and sale price are specified below, which the BUYER ordered electronically through the SELLER's website.

The prices listed and announced on the site are the sale price. The announced prices and promises are valid until they are updated and changed. Prices announced for a limited time are valid until the end of the specified period.

4. SELLER INFORMATION

Title: ŞAHİNLER KOLL.ŞTİ.

Address: Semerciler Caddesi no:38 Ortahisar/Trabzon

Phone: 5324325705

Fax

Email: info@kumaskumas.com

9. GENERAL PROVISIONS

9.1. The BUYER accepts, declares and undertakes that they have read and are aware of the preliminary information regarding the basic qualities of the product subject to the agreement, its sale price and method of payment, and delivery, on the SELLER's website, and that they have given the necessary confirmation in the electronic environment. The BUYER accepts, declares and undertakes that their electronic confirmation of the Preliminary Information means that they have also correctly and completely obtained the address that must be given to the BUYER by the SELLER before the establishment of the distance sales agreement, the basic features of the ordered products, the prices of the products including taxes, and the payment and delivery information.

9.2. Each product subject to the agreement shall be delivered, within the legal period not exceeding 30 days, to the BUYER or to the person and/or organization at the address indicated by the BUYER, within the period specified in the preliminary information section on the website depending on the distance of the BUYER's place of residence. In the event that the product cannot be delivered to the BUYER within this period, the BUYER's right to terminate the agreement is reserved. 

9.3. The SELLER accepts, declares and undertakes to deliver the product subject to the agreement complete, in accordance with the qualities specified in the order and, if any, together with warranty certificates, user manuals and the information and documents required by the nature of the work; to perform the work, free from any defect, sound in accordance with the requirements of the legal legislation and in accordance with standards, within the principles of accuracy and honesty; to maintain and increase the quality of service; to show the necessary care and attention 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 express approval before the performance obligation arising from the agreement expires.

9.5. The SELLER accepts, declares and undertakes that, if it becomes impossible to fulfil the ordered product or service and it cannot fulfil its obligations under the agreement, it will notify the consumer in writing within 3 days from the date it learns of this, and will refund the total amount to the BUYER within a period of 14 days. 

9.6. The BUYER accepts, declares and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the agreement, and that if, for any reason, the price of the product subject to the agreement is not paid and/or is cancelled in the bank records, the SELLER's obligation to deliver the product subject to the agreement will end.

9.7. The BUYER accepts, declares and undertakes that, in the event that the price of the product subject to the agreement is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the BUYER's credit card by unauthorized persons after the delivery of the product subject to the agreement to the BUYER or to the person and/or organization at the address indicated by the BUYER, the BUYER will return the product subject to the agreement to the SELLER within 3 days, with the shipping cost belonging to the SELLER.

9.8. The SELLER accepts, declares and undertakes that, if it cannot deliver the product subject to the agreement on time due to force majeure situations such as the occurrence of circumstances that develop outside the will of the parties, cannot be foreseen in advance, and prevent and/or delay the parties from fulfilling their obligations, it will notify the BUYER of the situation. The BUYER, too, has the right to request from the SELLER the cancellation of the order, the replacement of the product subject to the agreement with an equivalent, if any, and/or the postponement of the delivery period until the preventing situation is removed. In the event that the order is cancelled by the BUYER, for payments the BUYER made in cash, the product amount is paid to them in cash and in a lump sum within 14 days. For payments the BUYER made by credit card, the product amount is refunded to the relevant bank within 14 days after the order is cancelled by the BUYER. The BUYER accepts, declares and undertakes that the average process for the amount refunded by the SELLER to the credit card to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and that, since the reflection of this amount in the BUYER's accounts after its refund to the bank is entirely related to the bank's transaction process, the BUYER cannot hold the SELLER responsible for possible delays.

9.9. The SELLER has the right to reach the BUYER for communication, marketing, notification and other purposes by letter, e-mail, SMS, telephone call and other means, through the address, e-mail address, fixed and mobile telephone lines and other contact information specified by the BUYER in the registration form on the site or later updated by them. By accepting this agreement, the BUYER accepts and declares that the SELLER may carry out the above-mentioned communication activities directed at them.

9.10. The BUYER shall inspect the goods/service subject to the agreement before taking delivery; they shall not take delivery from the courier company of damaged and defective goods/service such as dented, broken, or with torn packaging. Goods/service that are taken delivery of shall be deemed undamaged and intact. After delivery, the obligation to protect the goods/service with care belongs to the BUYER. If the right of withdrawal is to be used, the goods/service must not be used. The invoice must be returned.

9.11. In the event that the BUYER and the holder of the credit card used during the order are not the same person, or that a security vulnerability related to the credit card used in the order is detected before the delivery of the product to the BUYER, the SELLER may request from the BUYER 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 stating that the credit card belongs to them. The order will be frozen during the period until the BUYER provides the information/documents subject to the request, and if the said requests are not met within 24 hours, the SELLER has the right to cancel the order.

9.12. The BUYER declares and undertakes that the personal and other information they provided when becoming a member of the SELLER's website is true, and that they will compensate all damages the SELLER may suffer due to the falsity of this information, immediately, in cash and in a lump sum, upon the SELLER's first notification.

9.13. The BUYER accepts and undertakes from the outset to comply with the provisions of the legal legislation and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities that arise shall bind the BUYER entirely and exclusively.

9.14. The BUYER may not use the SELLER's website in any way that disturbs public order, is contrary to general morality, that disturbs and harasses others, for a purpose contrary to the laws, or that infringes the material and moral rights of others. In addition, the member may not engage in activities (spam, virus, trojan horse, etc.) that prevent or hinder others from using the services.

9.15. Through the SELLER's website, links may be provided to other websites and/or other content that are not under the SELLER's control and/or that are owned and/or operated by other third parties. These links are placed to provide the BUYER with ease of navigation and do not support any website or the person operating that site, and do not constitute any guarantee regarding the information contained in the linked website.

9.16. A member who violates one or more of the articles listed in this agreement is personally liable, criminally and legally, for this violation, and shall hold the SELLER free from the legal and criminal consequences of these violations. In addition, in the event that, due to this violation, the matter is brought into the legal domain, the SELLER's right to claim compensation from the member for non-compliance with the membership agreement is reserved.

10. RIGHT OF WITHDRAWAL

10.1. In the event that the distance agreement relates to the sale of goods, the BUYER may exercise the right to withdraw from the agreement by rejecting the goods, without assuming any legal or criminal liability and without giving any reason, within 14 (fourteen) days from the date of delivery of the product to themselves or to the person/organization at the address they indicated, provided that they notify the SELLER. In distance agreements relating to the provision of a service, this period starts from the date the agreement is signed. In service agreements where performance of the service has begun with the consumer's approval before the withdrawal period expires, the right of withdrawal cannot be exercised. The costs arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this agreement, the BUYER accepts in advance that they have been informed about the right of withdrawal.

10.2. To exercise the right of withdrawal, written notice must be given to the SELLER within the 14 (fourteen) day period by registered return mail, fax or e-mail, and the product must not have been used within the framework of the "Products for Which the Right of Withdrawal Cannot Be Used" provisions set out in this agreement. In the event of the exercise of this right, 

a) The invoice of the product delivered to the third party or to the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the organization when returning. Order returns whose invoices are issued in the name of organizations cannot be completed unless a RETURN INVOICE is issued.)

b) The return form,

c) The products to be returned must be delivered complete and undamaged together with their box, packaging and standard accessories, if any. Piece fabrics cut under 20 meters cannot be returned unless they are defective or of the wrong measurement.

d) The SELLER is obliged to return the total amount and the documents that place the BUYER under obligation to the BUYER within a period of at most 10 days from receiving the withdrawal notice, and to take back the goods within a period of 20 days.

e) If there is a decrease in the value of the goods due to a reason arising from the BUYER's fault, or if return becomes impossible, the BUYER is obliged to compensate the SELLER's losses in proportion to their 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, due to the exercise of the right of withdrawal, the amount falls below the campaign limit set by the SELLER, the discount amount benefited from within the scope of the campaign is cancelled.

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

Pursuant to the Regulation, the following cannot be returned: goods prepared in line with the BUYER's request or clearly their personal needs and not suitable for being returned; underwear bottoms, swimsuit and bikini bottoms, cosmetics, disposable products, and goods that are liable to spoil quickly or may exceed their expiry date; products that are not suitable to be returned in terms of health and hygiene if their packaging is opened by the BUYER after being delivered to the BUYER; products that become mixed with other products after delivery and cannot be separated by their nature; goods relating to periodicals such as newspapers and magazines, other than those provided under a subscription agreement; services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer; and audio or video recordings, books, digital content, software programs, data recording and data storage devices, and  computer consumables whose packaging has been opened by the BUYER. In addition, pursuant to the Regulation, the right of withdrawal cannot be exercised for services whose performance has begun with the consumer's approval before the withdrawal period expires.

Cosmetic and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) must have their packaging unopened and be untried, undamaged and unused in order to be returnable. 

12. DEFAULT AND ITS LEGAL CONSEQUENCES

In the event that the BUYER defaults when they make the payment transactions by  credit card, the BUYER accepts, declares and undertakes that they will pay interest within the framework of the credit card agreement between them and the cardholder bank, and will be liable towards the bank. In this case, the relevant bank may resort to legal remedies; it may claim the costs and attorney's fees that arise from the BUYER, and in any case, if the BUYER defaults due to their debt, the BUYER accepts, declares and undertakes that they will pay the loss and damage suffered by the SELLER due to the delayed performance of the debt

13. COMPETENT COURT

In disputes arising from this agreement, complaints and objections shall be made, within the monetary limits specified in the law below, to the consumer arbitration committee or the consumer court at the place where the consumer's residence is located or where the consumer transaction was carried out. Information regarding the monetary limit is below:

Effective from 01/01/2017, for the year 2017, in applications to be made to consumer arbitration committees, where the value is:

a) In disputes below 2,400 (two thousand four hundred) Turkish Lira, the district consumer arbitration committees,

b) In provinces with metropolitan status, in disputes between 2,400 (two thousand four hundred) Turkish Lira and 3,610 (three thousand six hundred and ten) Turkish Lira, the provincial consumer arbitration committees,

c) In the centres of provinces that do not have metropolitan status, in disputes below 3,610 (three thousand six hundred and ten) Turkish Lira, the provincial consumer arbitration committees,

ç) In districts of provinces that do not have metropolitan status, in disputes between 2,400 (two thousand four hundred) Turkish Lira and 3,610 (three thousand six hundred and ten) Turkish Lira, the provincial consumer arbitration committees have been designated as competent.

This Agreement is made for commercial purposes.

14. ENTRY INTO FORCE

When the BUYER carries out the payment for the order they placed through the Site, they are deemed to have accepted all the terms of this agreement. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this agreement has been read and accepted by the BUYER on the site before the order is realized. 

SELLER:

BUYER:

DATE: