Distance Selling Contract
Content Pages
ARTICLE 1 – PARTIES TO THE AGREEMENT:
SELLER: Kuans Office Furniture Address: Emek Mah. Ordu Cad. No:28/A Sancaktepe / ISTANBUL Tel.: 0532 470 94 40 Email: info@kuansofis.com
PURCHASER: Customer
ARTICLE 2 – SUBJECT MATTER OF THE AGREEMENT:
The subject matter of this contract is the sale and delivery of the goods/services specified in the contract, which the Buyer has ordered electronically from the Seller's website www.kuansofis.com, the sale and delivery of the goods/services specified in the agreement, which possess the characteristics mentioned in the agreement and whose sales price is also specified in the agreement, and the determination of the rights and obligations of the parties in accordance with the provisions of Law No. 4077 on the Protection of Consumers and the Regulation on the Implementation Principles and Procedures of Distance Contracts. The Buyer acknowledges and declares that they are aware of all preliminary information regarding the goods/services subject to sale, such as their basic characteristics, sales price, payment method, delivery conditions, etc., as well as their right of withdrawal, that they have confirmed this preliminary information electronically, and that they have subsequently ordered the goods/services in accordance with the provisions of this contract. The preliminary information and invoice on the payment page of the www.kuansofis.com website are integral parts of this contract.
ARTICLE 3 – DATE OF AGREEMENT:
This contract, previously signed by the seller in two copies, has been signed and accepted by the buyer on …, and one copy will be sent to the buyer's email address.
ARTICLE 4 – DELIVERY OF GOODS/SERVICES, PLACE OF PERFORMANCE OF THE CONTRACT AND DELIVERY METHOD:
The goods/services will be delivered to … at the address … requested by the recipient.
ARTICLE 5 – DELIVERY COSTS AND PERFORMANCE:
Delivery costs are borne by the buyer. If the seller has stated on the website that delivery costs will be covered by them for purchases exceeding the advertised amount, or that delivery will be free as part of a promotion, then the delivery costs are borne by the seller. Delivery will be made as soon as possible after the goods are in stock and the purchase price has been transferred to the seller's account. The seller shall deliver the goods/services within 30 (thirty) days of the order and reserves the right to extend this period by an additional 10 (ten) days with written notification. If, for any reason, the goods/services are not paid for or are cancelled in the bank records, the seller shall be deemed to be released from the obligation to deliver the goods/services.
ARTICLE 6 – BUYER'S DECLARATIONS AND UNDERTAKINGS:
The buyer shall inspect the goods/services subject to the contract before accepting delivery; they shall not accept delivery of damaged or defective goods/services, such as those that are dented, broken, or have torn packaging, from the shipping company. The goods/services received shall be deemed to be undamaged and in good condition. After delivery, the buyer shall be responsible for taking care to protect the goods/services. If the right of withdrawal is exercised, the goods/services must not be used. The invoice must be returned. If, after delivery of the goods/services, the bank or financial institution fails to pay the seller the price of the goods/services due to unauthorised, unjust or unlawful use of the buyer's credit card by unauthorised persons through no fault of the buyer, the Buyer shall be obliged to send the goods/services to the seller within 3 (Three) days. In this case, the delivery costs shall be borne by the buyer.
ARTICLE 7 – SELLER'S DECLARATIONS AND UNDERTAKINGS:
The seller is responsible for delivering the goods/services covered by the contract in a sound and complete condition, in accordance with the specifications stated in the order, and with any warranty documents and user manuals, if applicable. If the goods/services covered by the contract are to be delivered to a person/organisation other than the buyer, the seller cannot be held responsible if the person/organisation to whom the delivery is made refuses to accept it. The seller shall refund the price of the goods/services and, if applicable, return any valuable documents within 10 (ten) days of receiving the notice of withdrawal. The goods/services shall be returned within 20 (twenty) days. The seller may, for valid reasons, supply the buyer with goods/services of equivalent quality and price before the performance period specified in the contract expires. If the seller considers that the performance of the goods/services has become impossible, they shall notify the buyer before the performance period specified in the contract expires. The price paid and any documents shall be returned within 10 (ten) days. Defective or faulty goods/services, whether sold with or without a warranty certificate, may be sent to the seller for necessary repairs within the warranty conditions, in which case the delivery costs shall be borne by the seller.
ARTICLE 8 – CHARACTERISTICS OF THE GOODS/SERVICES COVERED BY THE CONTRACT:
The type and category of the goods/services, their quantity, brand/model, colour, and the sales price including all taxes are as specified in the information provided on the goods/services presentation page of the website www.kuansofis.com and in the invoice, which is considered an integral part of this agreement.
ARTICLE 9 – CASH PRICE OF GOODS/SERVICES:
The upfront price of the goods/services is included in the sample invoice sent by email at the end of the order and in the invoice sent to the customer along with the product.
ARTICLE 10 – FORWARD PRICE:
The price of the goods/services, based on the payment term, is included in the sample invoice sent by email at the end of the order and in the invoice sent to the customer together with the product.
ARTICLE 11 – INTEREST:
It cannot exceed the interest rate set by the Government of the Republic of Turkey each year, and in any case cannot exceed 30%. The buyer is liable to the bank they work with.
ARTICLE 12 – DEPOSIT AMOUNT:
The deposit amount for the goods/services is included in the sample invoice sent by email at the end of the order and in the invoice sent to the customer with the product.
ARTICLE 13 – PAYMENT PLAN:
If the buyer makes a purchase using a credit card and in instalments, the instalment plan selected on the website shall apply. In instalment transactions, the relevant provisions of the agreement signed between the buyer and the cardholder's bank shall apply. The credit card payment date shall be determined in accordance with the terms of the agreement between the bank and the buyer. The buyer may also track the number of instalments and payments from the account statement sent by the bank.
ARTICLE 14 – RIGHT OF WITHDRAWAL:
The buyer may exercise their right of withdrawal within 7 (seven) days from the delivery of the goods/services subject to the contract to themselves or to the person/organisation at the address they have indicated. To exercise the right of withdrawal, the buyer must notify the seller's customer service department by email or telephone within the same period and the goods/services must be unused, in accordance with the provisions of Article 15 and the preliminary information published on the www.kuansofis.com website, which is an integral part of this contract. If this right is exercised, the original invoice for the goods/services delivered to a third party or the buyer must be returned. The price of the goods/services shall be refunded to the buyer within 7 days of receipt of the notice of withdrawal, and the goods/services shall be returned within 20 (twenty) days. If the original invoice is not sent, VAT and any other legal obligations cannot be refunded to the buyer. The delivery cost of the goods/services returned due to the right of withdrawal shall be borne by the seller.
ARTICLE 15 – GOODS/SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED:
Goods/services that cannot be returned due to their nature, goods/services that spoil quickly and have passed their expiry date, single-use goods/services, hygienic goods/services, and any type of copyable software and programmes. Furthermore, in order to exercise the right of withdrawal for any software and programmes, various media (DVD, CD, etc.), computer and stationery consumables (toner, cartridges, ribbons, etc.) and cosmetic products, the goods/services must be unopened, undamaged and unused. Furthermore, products ordered by the customer with a specific colour selection cannot be returned.
ARTICLE 16 – DEFAULT AND LEGAL CONSEQUENCES:
If the buyer defaults on payments made with their credit card, they shall pay interest in accordance with the credit card agreement they have entered into with the card-issuing bank and shall be liable to the bank. In this case, the relevant bank may take legal action; it may claim the resulting expenses and attorney's fees from the buyer and, in any case, if the buyer defaults due to their debt, the buyer agrees to pay the seller's damages and losses arising from the delayed performance of the debt.
ARTICLE 17 – COMPETENT COURT:
In disputes arising from this contract, Consumer Arbitration Boards shall have jurisdiction up to the value announced by the Ministry of Industry and Trade, Consumer Courts shall have jurisdiction above the specified value, and in places where these are not available, the District Courts shall have jurisdiction.