DISTANCE SALES AGREEMENT AND PRELIMINARY INFORMATION FORM/ Distance Selling Agreeme
ARTICLE 1: PARTIES
TITLE: KSD / Mustafa KOZLUOĞLU
KSD HANDGUN GRIPS
20222 Stagg St. Winnetka CA 91306
+1 (310) 994-2115
TEL: +90 532 624 21 37
BUYER: The person who makes a purchase from www.ksdgripsusa.com. Hereinafter referred to as the BUYER.
ARTICLE 2: SCOPE OF THE AGREEMENT
The subject of this contract is the Law No. 4077 on the Protection of Consumers and the Implementation of Distance Agreements regarding the sale and delivery of products with the qualifications mentioned in the contract, which the BUYER has ordered electronically from the SELLER's www.ksdgripsusa.com website. It is the determination of the rights and obligations of the parties in accordance with the provisions of the Regulation on Principles and Procedures. The BUYER, basic characteristics of the products subject to sale, sales price, payment method, delivery conditions, etc. He/she accepts and declares that he/she has knowledge of all preliminary information and the right of withdrawal regarding the product subject to sale, confirms this preliminary information electronically and then orders the product, in accordance with the provisions of this contract. The preliminary information and invoice on the www.ksdgripsusa.com site are integral parts of this contract. The BUYER is deemed to have accepted all the terms of this contract when the order is made.
ARTICLE 3: PRODUCT INFORMATION
The SELLER produces handcrafted wooden materials. Features, materials, color, sales price, delivery conditions of the contracted product and products are as given in the product features section of the www.ksdgripsusa.com web page.
ARTICLE 4: GENERAL PROVISIONS
4.1. The parties to this contract are the BUYER and the SELLER, and all obligations and responsibilities regarding the fulfillment of this contract belong to the parties. This contract enters into force on the date it is electronically approved by the BUYER.
4.2 The BUYER accepts, declares and undertakes that he has read and understood all the information about the features and conditions of sale of the product subject to the contract specified in Article 3, and that he has given the necessary approval for the purchase of this product.
4.3 The SELLER is responsible for the delivery of the contracted product to the cargo, intact, complete, in accordance with the qualifications specified in the order and together with the warranty documents and user manuals, if any.
4.4 The SELLER, the product or products subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated, provided that it does not exceed the legal 30-day period. This period can be extended for a maximum of 10 days, provided that the BUYER is notified beforehand.
4.5 If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.
4.6 The delivery will be delivered by courier to the address specified in the form filled by the BUYER at the time of purchase via the courier company. Even if the buyer is not at the address at the time of delivery, the SELLER will be deemed to have fulfilled its performance fully and completely.
4.7 If, for any reason, the product price is not paid or canceled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.
4.8 Expenses and other damages arising from the late receipt of the product by the BUYER in the case of 4.6.
4.9 The BUYER is obliged to open and check the packages in front of the company representative while receiving the packages, and if there is any defect in the product, not to receive the product by keeping a report with the cargo company. If the package is not accepted and a report is kept, the situation must be reported to the SELLER within 3 days with the copy of the report remaining in the BUYER. The SELLER will ensure that a new and healthy delivery takes place as soon as possible.
4.10 In overseas shipments, customs, insurance and other possible costs belong to the BUYER.
4.11 After the delivery of the product, if the relevant bank or financial institution does not pay the product price to the SELLER due to the unfair or unlawful use of the credit card of the BUYER by unauthorized persons, not due to the fault of the BUYER, provided that the product has been delivered to the BUYER. It is obligatory to send it to the SELLER within (three) days. In this case, the shipping costs belong to the BUYER.
4.12 The BUYER accepts, declares and undertakes that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the bank and the BUYER in accordance with the provisions of the legislation in force.
4.13 In cases where the BUYER uses its right of withdrawal or if the product subject to the order cannot be supplied for various reasons; The price paid by the BUYER cannot be refunded to the BUYER in cash. After the SELLER pays the amount to the bank at once, the bank will refund the card.
4.14 In accordance with the general communiqué of the tax procedure law no. 385, the relevant return sections in the invoice must be filled in completely and signed, and then sent to the SELLER together with the product in order to be able to make the return transactions. must be sent back. The BUYER declares, accepts and undertakes that it accepts all this procedure.
ARTICLE 5: RIGHT OF WITHDRAWAL / RIGHT OF WITHDRAWAL
5.1 The BUYER has the right to withdraw from the contract by rejecting the goods within seven days from the date of receipt of the goods, without assuming any legal or criminal responsibility and without giving any reason. In order to exercise the right of withdrawal, the SELLER must be notified by e-mail or telephone within the same period and the product must not be used. In case the right of withdrawal is exercised, the product price is returned to the BUYER within 10 days. The costs arising from the use of the right of withdrawal belong to the SELLER.
5.2 In accordance with the Regulation on Distance Contracts, the right of withdrawal cannot be exercised in the case of goods produced in accordance with the special requests and demands of the BUYER or made customized by making changes or additions, and the goods whose prices are determined in the stock exchange or other organized markets.
5.3 Since the BUYER does not pay VAT in the TRNC and other shipments outside of Turkey, he is obliged to pay the taxes of the products he has received at the customs. The BUYER has no right of withdrawal for the products that are not received from the customs in any way.
ARTICLE 6- PROVISIONS OF DEFAULT
6.1. In case the parties fail to fulfill their obligations under this contract from their resources, the provisions of the Debtor's Default in Articles 106-108 of the Code of Obligations shall apply. In cases of default, if any party fails to fulfill its obligations without a justifiable reason, the other party will give the non-performing party a period of 7 days for the performance of the said act. If it is not fulfilled within this period, the right to demand the delivery of the goods and/or the termination of the contract and the refund of the price will arise by demanding the performance of the performance from the party who does not fulfill its performance.
6.2. If the SELLER cannot deliver the product subject to the contract within the period due to force majeure that may prevent the SELLER from fulfilling its obligation or due to extraordinary events such as weather conditions that prevent transportation, interruption of transportation, fire, earthquake, flood; In such cases, the BUYER may use one of the rights that the SELLER has no responsibility, to cancel the order or to postpone the delivery time until the blocking situation disappears. If the BUYER cancels the order, the amount paid is paid to him within 10 (ten) days.
ARTICLE 7- AUTHORIZED COURT
In disputes that may arise regarding this contract, the Consumer Problems Arbitration Committees in the BUYER or SELLER's settlement are authorized up to the value announced by the Ministry of Customs and Trade every year, and the Consumer Courts are authorized in disputes above the said value.
This agreement enters into force on the date it is electronically approved.
The English translation of the contract is for informational purposes only. In case of any dispute, the Turkish contract is taken as the basis.
SELLER/SELLER : KSDGRIPS