Distance Sales Agreement

Distance Sales Agreement

 

1.     PARTIES

This Distance Sales Agreement ("Agreement"); It has been established electronically between the address specified in Article 7 ("BUYER") and the address specified in Article 6 ("SELLER"), within the framework of the terms and conditions set forth below.

2.     DEFINITIONS

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

 

BUYER

:

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

Ministry

:

Ministry of Commerce,

KOMBALARA or SELLER

:

KOMBALARA

Service

:

The subject of any consumer transaction other than providing goods made or promised to be made in return for a fee or benefit,

Law

:

Law on Consumer Protection,

Platform

:

The website of KOMBALARA named www.kombalara.net

Orderer

:

The natural or legal person who requests a good or service through the website of KOMBALARA, www.kombalara.net,

Contract

:

This Contract concluded between the SELLER and the BUYER,

Parties

:

SELLER and BUYER,

Product or Products

:

It refers to movable goods, and all similar products that are subject to shopping.

Regulation

:

Distance Sales Regulation,

 

 

 

 

3.     SUBJECT and SCOPE OF THE AGREEMENT

This Agreement has been drawn up in accordance with the Consumer Protection Law Number 6502 and the Regulation on Distance Contracts. The parties accept and declare that they know and understand their obligations and responsibilities arising from the Law on the Protection of the Consumer Number  6502 and the Regulation on Distance Contracts under this Agreement. The subject of this Agreement is the sale and delivery of the Goods/Services with the qualifications specified in the Agreement, which the real person BUYER has electronically ordered for the purchase of the Goods/Services belonging to the SELLER, which offers the Goods/Services for sale, on the Platform belonging to the KOMBALARA. In this regard, it is the determination of the rights and obligations of the Parties in accordance with the provisions of the Law on the Protection of the Consumer Number 6502 and the Regulation on Distance Contracts.

 

4.     CONSIDERATIONS PREVIOUSLY INFORMED BUYER

4.1.  The BUYER, in the following matters, has examined, read, understood all the general-specific explanations on the relevant pages-sections of the Platform before the establishment of this Agreement by the BUYER with its acceptance from the Platform and undertaking both the order and the payment obligation, and that the necessary information has been given to him. accepts.

a)     The SELLER's title and contact information and current introductory information,

b)      Appropriate tools-methods regarding the stages of the sales process during the purchase of the products from the Platform and the correction of incorrectly entered information,

c)     The Chamber of Commerce (İZTO-İzmir Chamber of Commerce) to which the SELLER is a member, and the electronic contact information of IZTO's professional code of conduct (Telephone: 444 92 92, www.izto.org.tr )

d)     Confidentiality, data usage-processing and electronic communication rules applied to the BUYER's information applied by KOMBALARA and the permissions given by the BUYER to KOMBALARA in these matters, the legal rights of the BUYER, the rights of the SELLER and the procedures for using the rights of the Parties,

e)     Shipping restrictions stipulated by the SELLER for the products,

f)      Payment methods-means accepted by KOMBALARA for the products subject to the contract and the basic features-qualities of the products, the total price including taxes (the total price to be paid by the BUYER to the SELLER, including the related expenses),

g)     Information on the methods of delivery of the products to the BUYER and the shipping-delivery-cargo costs,

h)     Other payment/collection and delivery information regarding the products and information regarding the performance of the Contract, the Parties' responsibilities in these matters,

i)      Products and other goods and services that the BUYER does not have the right of withdrawal,

j)      In cases where the BUYER has the right of withdrawal, the terms, duration and procedure of using this right and the BUYER shall lose the right of withdrawal if the right is not exercised within the period.

k)     In products with the right of withdrawal, if the product is broken or changed due to not using it in accordance with the instructions for use, normal operation or technical specifications during the withdrawal period, the BUYER's request for withdrawal may not be accepted and in any case, the SELLER will be liable to the SELLER, accepted by the SELLER. cases, it may deduct an amount that it deems appropriate according to the defect or change in question from the repayment to be made to the BUYER,

l)      In cases where there is a right of withdrawal, how to return the Products to the SELLER and all related financial issues (including the ways of return, the cost and the return of the Product price and the discounts and deductions that can be made for the reward points earned/used by the BUYER during the return),

m)   Details of the BUYER's terms of use (special conditions) regarding various opportunities that may be applied on the Platform from time to time,

n)     According to its nature, all other sales conditions included in this Agreement and this Agreement can be stored and accessed for the period requested by the BUYER as it is sent to the BUYER by e-mail after it has been approved and established on the Platform by the BUYER, and KOMBALARA can keep it for a period of three years. .

o)     In case of disputes, the BUYER can submit his/her complaints to KOMBALARA or the SELLER and make legal applications to District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of the Law Number  6502.

 

5.     SELLER INFORMATION

Title              

KOMBALARA TELEKOM Communication Information and Software Services Joint Stock Company

Address     

Mansuroğlu Neighborhood 283/1 St. No: 2 D: 402 Bayraklı / İZMİR

Mersis No

0576099950600001

Trade Register    Number            

226650

 

 

Website

www.kombalara.net

 

6.     BUYER INFORMATION

Delivery Person

:

 

Delivery address

:

 

Telephone

:

 

Fax

:

 

Email/Username

:

 

 

7.     INVOICE INFORMATION

Invoice Delivery: The invoice will be delivered to the delivery address along with the order at the time of order delivery.

 

8.     CONTRACT SUBJECT PRODUCT/PRODUCTS INFORMATION

8.1.  The basic features of the Good/Product/Products/Service (type, quantity, brand/model, color, number) are available on KOMBALARA's Platform. You can review the basic features of the product during the campaign.

 

9.      GENERAL PROVISIONS

9.1.  The BUYER accepts, declares and undertakes that he has read the preliminary information about the basic characteristics, sales price and payment method and delivery of the Product subject to the Contract on the Platform and that he is informed and gives the necessary confirmation in the electronic environment. The BUYER, as a consumer, can deliver their requests and complaints to the SELLER contact information above and/or through the channels provided by the Platform. BUYER's; By confirming the Preliminary Information Form electronically, before the establishment of the Distance Sales Contract, the SELLER accepts that he has obtained the address to be given to the BUYER, the basic features of the ordered products, the price of the products including taxes, payment and delivery information accurately and completely. , declares and undertakes.

9.2.  Each product subject to the contract is delivered to the BUYER or the person and/or organization at the address indicated by the BUYER, within the period specified in the preliminary information section of the website, depending on the distance from the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. If the SELLER fails to fulfill its obligations within this period, the BUYER may terminate the Agreement. The delivery date specified as "estimated delivery date" on the website is specified as an estimate, and this expression does not include any commitment. These products will be delivered to the BUYER within 30 days at the latest, as specified in the legislation. In the event that the BUYER or the person to be delivered is not at the address at the time of delivery, the SELLER is not responsible for the damages and expenses arising from the BUYER's late delivery and/or non-delivery of the product.

9.3.  The SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, and the information and documents required by the business, free from all kinds of defects, in accordance with the requirements of the legal legislation, in accordance with the standards, in accordance with the principles of business integrity and honesty. It accepts, declares and undertakes to perform, to maintain and increase the quality of service, to show the necessary care and attention during the performance of the work, to act with prudence and foresight.

9.4.  The SELLER may supply a different product with equal quality and price, by informing the BUYER and by obtaining its explicit approval, before the expiry of the performance obligation arising from the Contract.

9.5.  The BUYER accepts that he/she will confirm this Agreement electronically for the delivery of the Product subject to the Contract, and in the event that the price of the product subject to the Contract is not paid for any reason and/or it is canceled in the records of the bank, financial institution, the SELLER's obligation to deliver the product subject to the contract shall expire, declares and undertakes. The BUYER accepts, declares and undertakes that the SELLER has no responsibility for the payments made to the SELLER by the bank and/or financial institution, but for which a failed code is sent by the bank and/or financial institution for any reason.

9.6.  The BUYER, after the delivery of the product subject to the contract to the person and/or organization at the address indicated by the BUYER or the BUYER, as a result of the unfair use of the BUYER's credit card by unauthorized persons, in case the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution. It accepts, declares and undertakes that it will return the product in question to the SELLER within 3 days at the BUYER's expense.

9.7.  The BUYER shall inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.

9.8.  The delivery costs of the goods belong to the BUYER unless there is a contrary provision. If the SELLER has declared on the Platform that the delivery fee will be covered by himself, the delivery costs will belong to the SELLER. The delivery of the goods is made if the SELLER's stock is available and in the promised time after the payment is made.

9.9.  In cases where the fulfillment of the goods or services subject to the order becomes impossible, the SELLER shall notify the BUYER in writing or with the BUYER's data storage within 3 (three) days from the date of learning of this situation, and all payments collected, including the delivery costs, if any, from the date of notification. It must be returned within fifteen days at the latest. The situation that the goods are not in stock is not considered as the impossibility of fulfilling the performance of the goods. In the payments made by the BUYER by credit card, the average process of reflecting the amount returned to the credit card by the SELLER to the BUYER's account by the bank may take 2 (two) to 3 (three) weeks. The BUYER accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.

9.10.       If the BUYER and the credit card holder used during the order 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 shall provide the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the order. or request the BUYER from the bank of the card holder to submit a letter stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the aforementioned requests are not met within 24 (twenty-four) hours, the SELLER has the right to cancel the order.

9.11.        In case of sending unordered goods, no rights can be claimed against the BUYER. In these cases, the BUYER's silence or the fact that he has used the goods cannot be interpreted as a declaration of acceptance for the conclusion of the contract.

 

10.  SPECIAL CONDITIONS

10.1.       The BUYER will be able to shop for more than one product in a single basket on the Platform. In order to leave no room for doubt, it should be stated that the SELLER may deliver the products purchased differently by the BUYER at different times, provided that they remain within the legal period in the legislation.

10.2.       By organizing campaigns, your bank can apply a higher number of installments than the number of installments you choose, and services such as installment postponement can be offered. Such campaigns are at the discretion of your bank and if KOMBALARA is aware of it, information about the campaigns is provided on our pages. Your bank will reflect on your credit card summary by dividing the order total by the number of installments starting from the account cutoff date of the credit card. The bank may not distribute the installment amounts equally to the months, taking into account the fractional differences. The creation of your detailed payment plan is at the discretion of your bank.

10.3.       In digital product sales, the Seller is obliged to forward all information and documents and securely kept log records to KOMBALARA, proving that the products are fully and properly transmitted to the Buyer and that the codes sent are working properly. Otherwise, 4.28 of KOMBALARA. rights arising from the article are reserved.

 

11.   RULES ON PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGES AND INTELLECTUAL AND INTELLECTUAL RIGHTS

 

11.1.       Name, surname, e-mail address of the BUYER, which can be defined as personal data within the scope of the Personal Data Protection Law Number  6698, T.C. ID number, demographic data, financial data, etc. informations;

* to receive orders, to offer products and services, to develop products and services, to solve systemic problems, to perform payment transactions, - in case of prior approval - to be used in marketing activities about orders, products and services, to update the information of the BUYER, and to manage and maintain memberships. The above-mentioned data can be recorded indefinitely by KOMBALARA and third parties and/or organizations and kept in written/magnetic archives for the purpose of performing the distance sales contract and other agreements established between the BUYER and the SELLER and for the technical, and other similar functions of the third parties to be provided by the SELLER. can be used, updated, shared, transferred and processed in other ways.

11.2.       SMS/short message, instant notification by KOMBALARA for credit card and membership information, transaction and applications for promotion, advertisement, communication, promotion, sales and marketing purposes regarding all kinds of products and services, in accordance with the applicable legislation, Commercial electronic communications can be made by automatic dialing, computer, telephone, e-mail/mail, fax, other electronic communication tools. The BUYER has accepted to be sent commercial electronic messages.

11.3.       The necessary measures for the security of the information and transactions entered into the Platform by the BUYER have been taken in its own system infrastructure by KOMBALARA, within the scope of today's technical possibilities according to the nature of the information and transaction. However, since the said information is entered from the devices belonging to the BUYER, it is the BUYER's responsibility to take the necessary measures, including those related to viruses and similar harmful applications, so that they are protected by the BUYER and cannot be accessed by unrelated persons.

11.4.       The BUYER may request data usage-processing and/or communication to be stopped at any time by reaching KOMBALARA through the specified communication channels. According to the clear notification of the BUYER on this matter, personal data transactions and/or communications to the party are stopped within the legal maximum period; In addition, if he wishes, his information, other than what is legally required and/or possible, is deleted from the data recording system or anonymized in an anonymous way. If the BUYER wishes, he/she may object to the emergence of a result against him/her by means of transactions related to the processing of his/her personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect information, notification of the corrected information to the relevant third parties, deletion or destruction of the data, analysis with automatic systems, You can always apply to KOMBALARA and get information on issues such as the elimination of damage due to the processing of the product. The applications in question will be examined and the BUYER will be returned within the legal period, within the periods stipulated in the legislation.

11.5.       Regarding all kinds of information and content belonging to the Platform and their arrangement, revision and partial/full use; Except for those belonging to other third parties according to the agreement of KOMBALARA; All intellectual and industrial rights and property rights belong to KOMBALARA.

11.6.       On other sites accessed from the Platform, their own privacy-security policies and terms of use apply, KOMBALARA is not responsible for any conflicts or negative consequences that may arise.

 

12.  RIGHT OF WITHDRAWAL

 

12.1.       The BUYER can return the purchased goods/services within 15 (fifteen) days from the date of delivery, without taking any legal or criminal responsibility and without giving any reason, using the right of withdrawal.

12.2.       THE RIGHT OF WITHDRAWAL CANNOT BE USED AGAINST KOMBAS OR A REFUND CANNOT BE REQUESTED FROM KOMBAS, BECAUSE THE COMBALAR IS NOT A PARTY TO THIS DISTANCE SALES AGREEMENT. Only at the time of delivery of the product to the SELLER for return, if the product price is still in KOMBALARA's account, the product price is returned to the BUYER.

12.3.       In order to exercise the right of withdrawal, it is obligatory to notify the SELLER or KOMBALARA within the period in accordance with the provisions of the legislation and the right of withdrawal option on the Platform.

12.4.       In case of exercising the right of withdrawal:

 

a)     The BUYER sends the Goods back to the SELLER with the contracted cargo company within 10 (ten) days from the use of his right of withdrawal.

b)     The box, packaging, standard accessories, if any, to be returned within the scope of the right of withdrawal, must also be returned as a complete and undamaged item.

 

12.5.       If the BUYER uses the goods in accordance with its operation, technical specifications and usage instructions within the withdrawal period, it is not responsible for the changes and deteriorations that occur.

12.6.       Within 14 (fourteen) days following the exercise of the right of withdrawal, the price of the Goods is returned to the BUYER as paid. While the Goods are returned to the SELLER, the original invoice submitted to the BUYER during the delivery of the Goods must also be returned by the BUYER.

12.7.       As long as the BUYER sends the Goods to be returned to the SELLER with the contracted cargo company of the SELLER specified in the preliminary information form, the return shipping cost belongs to the SELLER. If there is no contracted cargo company branch of the SELLER in the place where the BUYER is located, the BUYER may send it with any cargo company, in this case the shipping cost belongs to the SELLER. In the event that the BUYER sends the Goods to be returned by a cargo company other than the contracted cargo company of the SELLER specified in the Preliminary Information Form, the SELLER is not responsible for the return shipping cost and the damage incurred during the cargo process.

12.8.       In cases where the BUYER uses his right of withdrawal, or in cases where the product subject to the order cannot be supplied for various reasons, or in cases where the decision of the arbitral tribunal is decided to be refunded to the BUYER, if the purchase is made with a credit card and in installments, the procedure for returning to the credit card is as follows:

 

In how many installments the BUYER has bought the product, the Bank makes the repayment to the BUYER in installments. After the SELLER has paid the entire product price to the bank at once, in case the installment expenditures made from the Bank's POS are returned to the BUYER's credit card, the requested refund amounts are transferred by the Bank to the bearer's accounts in installments so that the parties involved do not become victims. The installment amounts paid by the BUYER until the cancellation of the sale, if the return date and the account cut-off dates of the card do not coincide, 1 (one) refund will be reflected on the card every month, and the BUYER will pay the installments before the return, after the end of the installments of the sale, for another month equal to the number of installments he has paid before the return. receivables and will be deducted from existing debts.

 

13.  CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED

13.1.       The BUYER cannot use the right of withdrawal from the following contracts:

a)     Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the SELLER or KOMBALARA

b)     Contracts for goods prepared in line with the consumer's wishes or personal needs

c)     Contracts for the delivery of perishable or expired goods

d)     ç) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is unsuitable in terms of health and hygiene.

e)     Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.

f)      Contracts for books, digital content and computer consumables offered in material environment, in case the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.

g)     Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under the subscription agreement.

h)     Contracts for accommodation, carriage, car rental, catering, and leisure for leisure or recreation, which must be made on a specified date or period.

i)      Contracts regarding services performed instantly in the electronic environment and intangible goods delivered instantly to the BUYER.

j)      Contracts regarding the services that are started to be performed with the approval of the BUYER, before the expiry of the right of withdrawal.

 

Goods/Services subject to the contract, which are excluded from the scope of application of the Regulation on Distance Contracts (food, beverages or other daily consumption items delivered to the BUYER's residence with the regular deliveries of the SELLER, and services in areas such as travel, accommodation, restaurant, entertainment sector. ) In the case of goods/service types, the right of withdrawal cannot be exercised because the provisions of the Distance Contracts Regulation cannot be applied to the legal relationship between the BUYER and the SELLER.

13.2.       IN CASE OF PURCHASING ELECTRONIC CODE through KOMBALARA's Platform, there will be no right of withdrawal for the orders in question, pursuant to Article 15/1.ğ of the Distance Contracts Regulation. In terms of these orders, no return code can be created on the website.

 

14.  RESOLUTION OF DISPUTES

14.1.       In the implementation of this Distance Sales Agreement, the Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchases the Goods or Services and where the residence is located, are authorized up to the value announced by the Ministry of Commerce.

14.2.       District/provincial consumer arbitration committees are authorized for consumer demands in line with the lower and upper limits specified in paragraph 1 of Article 68 of the Consumer Protection Law Number  6502.

14.3.       Izmir (Central) Courts and Enforcement Offices will be authorized to resolve any disputes that may arise regarding the site and terms of use.

 

15.   PRICE OF GOODS/SERVICES

The cash or deferred sales price of the goods is included in the order form, but is the price included in the information mail sent at the end of the order and in the invoice sent to the customer together with the product. Discounts, coupons, shipping charges and other applications made by the SELLER or KOMBALARA are reflected in the sales price.

 

16.  PRICE OF GOODS/SERVICES

16.1.       In the event that the BUYER defaults in the transactions made with the credit card, the cardholder will pay interest within the framework of the credit card agreement signed by the bank with him and will be liable to the bank. In this case, the relevant bank may take legal action, claim the expenses and attorney's fees from the BUYER, and in any case, in the event that the BUYER defaults due to its debt, the BUYER shall be responsible for the loss and damage suffered by the SELLER due to the delayed performance of the BUYER's debt.

 

17.  NOTICES and EVIDENCE AGREEMENT

17.1.       All kinds of correspondence to be made between the Parties under this Agreement will be made via e-mail, except for the obligatory cases listed in the legislation. For questions regarding the terms of use of the www.kombalara.net website, you can get more information by writing to support@kombalara.net.

17.2.       The BUYER, in case of disputes that may arise from this Agreement, states that the official books and commercial records of the SELLER and KOMBALARA, as well as the electronic information and computer records kept in its own database and servers, will constitute binding, definitive and exclusive evidence, and that this article shall be subject to the Code of Civil Procedure. It accepts, declares and undertakes that it is in the nature of an evidential contract within the meaning of Article 193 of the Turkish Civil Code.

 

18.  EFFECTIVENESS

18.1.       This Agreement, which consists of 18 (eighteen) articles, has been read by the Parties and has been concluded and entered into force by being approved by the BUYER electronically on the transaction date. A copy of the contract is available in the BUYER's membership account and can also be sent by e-mail upon request.