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DELIVERY AND PAYMENT

DELIVERY AND PAYMENT

DELIVERY AND PAYMENT

DISTANCE SALES CONTRACT

1.Parties of The Contract

Sales person

Title:

KEİKEİ Tekstil ve Giyim Sanayi Ticaret Anonim Şirketi

Address:

Dolapdere Cd. Küçükbayır Sk. 119/A Şişli / İstanbul

Phone Number:

0212 248 81 11

E-Mail:

[email protected]

Bank Account Name:

Account Info:

Keikei Tekstil ve Giyim Sanayi Ticaret Anonim Şirketi Bank: Garanti Bank Branch: Harbiye TL Account Number: 078-6297226 TL IBAN: TR03 0006 2000 0780 0006 2972 26 USD Account Number: 078-9085360 USD IBAN: TR48 0006 2000 0780 0009 0853 60

Buyer (Consumer)

Phone Number:

E-Mail:

2.The subject of the contract

The subject of this Distance Sales Agreement (hereinafter referred to as the `Agreement`); Regarding the purchase/sale and delivery of the product(s) whose qualifications and sales price are specified below and which the Buyer has placed an order electronically from the Seller`s www.keikei.com website (hereinafter referred to as the `Website`), It is the determination of the mutual rights and obligations of the parties in accordance with the provisions of the Law on the Protection of the Law (hereinafter referred to as `TKHK`) and the Regulation on Distance Contracts and all other relevant legal regulations and practices

3.Contractual Product, Price, Payment, Delivery and Billing Information

The product/products (goods/services) type and type, quantity, brand/model/color, unit price(s) and sales price, payment (collection) information and delivery information including the place of delivery notified by the Buyer are as follows.

3.1. Product and Price Informations

Product Description

Amount

Unit Price (TL)

Shipping Cost (TL)

Total (TL) (VAT included)

3.2. Payment (Collection) Information

Payment Tool

1-Credit Card

2-Bank Transfer EFT

Card Number:

Name on Credit Card:

Kredi Kartına Tek Çekim:

Account Name: Keikei Tekstil ve Giyim Sanayi Ticaret Anonim Şirketi

Bank: Garanti Bankası

Branch: Harbiye TL

Account No: 078-6297226

TL IBAN: TR03 0006 2000 0780 0006 2972 26

USD Account No: 078-9085360

USD IBAN: TR48 0006 2000 0780 0009 0853 60

3.3. Delivery and Billing Information

Delivery Information

Informations

Name, Surname:

Address:

Phone Number:

E-mail:

Billing Info

Name, Surname:

Address:

Phone:

E-mail:

4.Matters That the Buyer Was Informed Before

The Buyer accepts and declares in advance that he/she has been informed about the following issues by reading and examining all the general-specific explanations on the relevant pages of the Website, before the Buyer accepts this Agreement on the Website and before creating the order or undertaking the payment obligation. it does.
Especially;

NS. Seller`s title, full address and contact information and up-to-date promotional information,
ii. Appropriate tools-methods regarding the stages of the sales process and the correction of incorrectly entered information during the purchase of the Product(s) from the Website,
iii. Electronic contact information to which the Seller is a member of the Chamber of Commerce (ITO-Istanbul Chamber of Commerce) and the ITO`s professional code of conduct (Telephone: 444 0 486, www.ito.org.tr)
iv. Confidentiality, data usage-processing and electronic communication rules applicable to the Buyer information applied by the Seller and the Buyer`s permissions to the Seller in these matters, the Buyer`s legal rights, the Seller`s rights and the parties` rights usage procedures,
v. Shipping restrictions stipulated by the Seller for the Products,
vi. The payment method-means accepted by the Seller for the Product(s) subject to the contract, 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),
vii. Information on the methods of delivery of the Products to the Buyer and the shipping-delivery-cargo costs,
viii. Other payment/collection and delivery information regarding the products and information regarding the performance of the Contract, the commitments and responsibilities of the parties in these matters,
ix. Products and other goods and services that the Buyer does not have the right of withdrawal,
x. In cases where the Buyer has the right of withdrawal, the Buyer will lose his right of withdrawal in the event that the right is not exercised within the terms, duration and procedure,
xi. In the case of Products with the right of withdrawal, if the Product is damaged 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 the Seller will be liable to the Seller in any case, the Seller`s request for withdrawal in cases where he/she accepts, he/she may collect an amount that he/she deems appropriate according to the said defect or change, with deduction (offset) from the refund to be made to the Buyer,
xii. In cases where there is a right of withdrawal, how to return the Products to the Seller and all related financial issues,
xiii. If the Buyer is a legal entity, he/she cannot use the `consumer rights`, especially the right of withdrawal, for the Products purchased for commercial or professional purposes (for example, bulk purchases are deemed to be of this nature in any case),
xiv. Process-applications about privacy, personal data and electronic communications,
xv. In case of disputes, the Buyer can submit his/her complaints to the Seller with the contact information and legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of the Law No. 6502

5.General Provisions

5.1. The product subject to the contract may be sent to the Buyer or the third person/organization at the address indicated on the website, provided that the SELLER`s stock is available and the fulfillment of the goods/services subject to the order becomes impossible and the legal thirty (30) days period is not exceeded. delivered on the specified basis.
5.2. The Seller sends and delivers the Products through the contracted cargo company. If this cargo company does not have a branch in the Buyer`s location, the Buyer must receive the Product from another nearby branch of the cargo company notified by the Seller.
5.3. In general, and unless expressly stated otherwise, the delivery costs (shipping fee, etc.) belong to the Buyer. The Seller may not reflect all or a part of the delivery costs in question to the Buyer, depending on the campaigns it carries out at the time of sale and the terms announced on the Website.
5.4. The BUYER accepts, declares and undertakes that the billing and delivery addresses and other information declared within the scope of this Agreement are complete and accurate. In the event that the Buyer is not personally present at the address at the time of delivery of the products and the persons at the address do not accept the delivery, the Seller shall be deemed to have fulfilled its obligation in this regard. In case there is no one to take delivery at the address, it is the Buyer`s responsibility to follow up the shipment of the products by contacting the cargo company. If the product 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 is not present at the address or does not accept the delivery. In these cases, any damages arising from the late delivery of the Product by the Buyer and the expenses incurred due to the fact that the Product has been waited in the cargo company and/or the cargo has been returned to the Seller shall also be borne by the Buyer.
5.5. The Buyer is responsible for checking the Product as soon as he receives it and when he sees a problem in the Product caused by the cargo, not accepting the Product and keeping a report to the cargo company official. Otherwise, the Seller will not accept responsibility.
5.6. Unless otherwise stipulated in writing by the Seller, the Buyer must have paid the price in full before receiving the Product. If the price of the Product is not fully paid to the Seller before delivery in cash sales, and the installment amount due in installment sales is not paid, the Seller may unilaterally cancel the contract and not deliver the Product. If, for any reason, after the delivery of the product, the Bank/Finance institution to which the credit card is processed does not pay the Product price to the Seller or demands a refund of the price paid, the Product shall be returned to the Seller by the Buyer within three (3) days at the latest. If the non-payment of the product price is caused by the Buyer`s fault or negligence, the shipping costs will be borne by the Buyer. All other contractual-legal rights of the Seller, including the follow-up of the Product price without accepting the return, are reserved separately and in any case.
5.7. In order to avoid any hesitation; Buyer`s sales price, credit card, installment card etc. owned by banks (including financial institutions). In cases where the card is paid with, all the facilities provided by these cards are credit and/or installment payment opportunities provided directly by the card issuer; Product sales realized within this framework and for which the Seller collects the price all at once or gradually, are not sales on credit or in installments, but are cash sales for the parties of this Agreement. The legal rights of the Seller in cases deemed to be sales in installments by law (including the right to terminate the contract in case of non-payment of the installments and/or demand the payment of the entire remaining debt together with the default interest) are available and reserved within the framework of the relevant legislation. In case of default by the Buyer, default interest is applied at a monthly rate as stipulated by the applicable laws.
5.8. If it is understood that the Seller cannot supply the Product subject to the Contract, within three (3) days from the date of learning of this situation, on the condition that he informs the Buyer clearly in accordance with the law and receives his verbal / written approval, he can supply another good / service with equal quality-price. and it shall be deemed to have fulfilled its contractual commitment in this way. The buyer is free in all respects whether to give the said consent and in cases where he does not give consent, the contractual-legal provisions regarding the cancellation of the order (Contract termination).
5.9. If, after the delivery of the product/products, the relevant bank or financial institution fails to pay the price of the product/products to the SELLER due to the unfair or unlawful use of the BUYER`s credit card by unauthorized persons, which is not due to the BUYER`s fault, the BUYER shall deliver the product/products to the SELLER. accepts, declares and undertakes that the product/products will be sent to the SELLER in an unused, undamaged, complete and undamaged form within 30 (thirty) days at the latest from the SELLER`s written notification on the subject, and that the shipping costs will be borne by the BUYER. Otherwise, the BUYER, the SELLER accepts and undertakes that all kinds of legal action will be taken against him, including all kinds of damages and losses.
5.10. It is out of the SELLER`s initiative that the BUYER has contracted bank offers various payment options within the scope of its campaigns. Campaigns within the knowledge and discretion of the SELLER will be announced on the website.
5.11. The delivery fee is not included in the price of the product/products, but will be added to the price of the product/products to be paid by the BUYER, and the price of the product/products will be paid by the BUYER together with the delivery fee.
5.12. It is the Buyer`s responsibility to carefully protect the product after delivery. If the right of withdrawal is to be exercised, the product should not be used, the inner and outer labels should not be removed, the invoice should be returned. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned to the Buyer.
5.13. If the Product cannot be delivered within the legal maximum thirty (30) days due to extraordinary circumstances (such as weather opposition, heavy traffic, earthquake, flood, fire) other than the normal sales/delivery conditions, the Seller shall refuse the Buyer regarding the delivery. informs. In this case, the Buyer may cancel the order, order a similar product, or wait until the end of the emergency.
5.14. In order cancellations and contract terminations, including contract-lawful withdrawals, if the Product price has been collected, it is returned to the Buyer within a maximum of fourteen (14) days. The requirements of the following rule are reserved. The refund is made in accordance with the payment instrument used by the Buyer to pay the Product price to the Seller. For example, in credit card payments, the refund is made by way of a refund to the Buyer`s credit card, and the Product amount is returned to the relevant bank within the same period after the order is canceled by the Buyer; Since the reflection of this amount to the Buyer accounts after the refund of this amount to the bank is completely related to the bank transaction process, the Buyer accepts in advance that it will not be possible for the Seller to intervene and take responsibility for possible delays (banks usually send the refund to the Buyer`s account in 3 (three) days. ) can find the week).
5.15. The Seller has and reserves the right to set off, discount and deductible for the price to be refunded, arising from this Agreement and the law. The Buyer`s legal rights are also reserved and available in cases where the Contract is terminated by the Buyer due to the Seller`s failure to perform.
5.16. The SELLER is not responsible for price and content errors caused by typesetting and system errors. In case the product prices are written far below the market price at a level that can be understood by the average person as a clear error, all orders placed according to this incorrect price have the right to be canceled by the SELLER. In such a case, the BUYER accepts and declares that he will not make any rights and claims, including the delivery of the product at the price announced to him, due to a clear mistake.
5.17. he SELLER reserves the right to cancel purchases that exceed the BUYER`s needs from the same product on the Website. In case the purchases exceed 3 (three) products in wholesale purchases exceeding the BUYER`s needs, the SELLER reserves the right to cancel the order completely or to send only 3 (three) products, which it accepts as the retail purchase limit.
5.18. The Buyer may notify the Seller, verbally or in writing, of his/her requests and complaints regarding the Product and sale, by contacting the Seller communication channels in the preamble of the Contract.
5.19. Since they are sent to the e-mail address provided by the Buyer after acceptance, the aforementioned information and this Agreement can be accessed and reviewed at any time by saving and storing the aforementioned e-mail on his device. On the other hand, it is kept for three (3) years in the systems owned by the Seller.

6. Right of Withdrawal

6.1. The Seller declares that the Buyer has the right to withdraw from the contract by refusing/returning the goods within fourteen (14) days from the date of receipt of the goods or the delivery of the goods to the third person/organization at the address indicated without any legal or penal liability and without giving any reason. commits.
6.2. It is obligatory to send the goods back to the Seller`s delivery address specified in Article 3.3 or to the person authorized by ARAS Cargo within ten (10) days from the date of receipt of the withdrawal notification to the Seller. In the event that the goods are returned via the courier companies with which the Seller has contracted above, the Buyer shall not be held responsible for the costs of the return.
6.3. In order to exercise the right of withdrawal, a return request must be created on the website within this period.
6.4. When the buyer uses his right of withdrawal;
(i) The invoice of the product delivered to the Buyer or the person designated by the Buyer as the person to be delivered, (***)
(ii) The products to be returned, complete and undamaged, together with the box, packaging, and standard accessories, if any, will be sent to the Seller with the ARAS Cargo company with which the Seller has an agreement, within ten (10) days from the notification of the exercise of the right of withdrawal.
(***) n case the Buyer is a natural or legal person acting for commercial or professional purposes and/or the invoice of the product subject to the Contract is issued on behalf of the Buyer acting for commercial or professional purposes, the Buyer`s consumer rights are excluded. If he/she wants to return the product, it must be sent with the return invoice to be issued when returning the product. (In case the Buyer is a natural or legal person acting for commercial or professional purposes and/or the invoice for the product subject to the Contract is issued on behalf of the Buyer acting for commercial or professional purposes; the Buyer shall be entitled to grant special rights and opportunities to the consumers regulated in this Agreement and the law.) cannot benefit from the provisions and consumer rights.)
6.5. In the event that the Buyer exercises his right of withdrawal, the Seller shall attempt to return the product price to the Buyer`s bank account or credit card account within fourteen (14) days from the date of receipt of the withdrawal notice, at the relevant bank.
6.6. The product to be returned using the right of withdrawal will be sent by the Buyer free of charge to the address specified by the Seller, via the Aras Cargo company with which the Seller has an agreement, within ten (10) days from the date on which the right of withdrawal reaches the Seller. The shipping cost of the products sent to the Seller without a notice of withdrawal shall be borne by the Buyer. In this case, the buyer knows and accepts that he will pay the said shipping fee.
6.7. The consumer cannot use the right of withdrawal for the following goods or services:
a. Products that are prepared in line with the special requests of the consumer or clearly personal needs and that are not suitable for return due to their nature, and products that are not suitable for return after delivery in terms of health and hygiene and that come into direct contact with the body, especially swimsuits, bikinis, pareo, crop top products, cannot be returned.
b. Returns of products used outside of the trial are not accepted. No labels can be removed by hanging, affixing or otherwise on the products for which the right of withdrawal will be exercised. In any way, the label on it is ripped, torn, torn, etc. Returns of products that have been tampered with are not accepted.
c. Returns of washed products are not accepted. The return of products that have perfume, deodorant or any odor and/or traces/stains on them, worn, torn, tampered with or otherwise damaged, or for which resale is no longer possible, will not be accepted.
d. Distance Sales Regulation Art. The right of withdrawal cannot be exercised for the goods and services listed in the scope of 15.

7- Applicable Law and Competent Jurisdiction

7.1. Any dispute that may arise from this Agreement is subject to the laws of the Republic of Turkey, and in the case of disputes that cannot be resolved by mutual agreement of the parties, Provincial and District Consumer Arbitration Committees within the monetary limits determined-announced every year by the Ministry of Customs and Trade, Consumer Courts in cases exceeding these limits. is authorized
7.2. In this context, the Buyer may apply to the Consumer Arbitration Committees and Consumer Courts in his or the Seller`s place of residence (if he wishes).
7.3. The Buyer accepts that he has read all the conditions and explanations written in this Agreement and in the order-contract pre-notifications (Website), which form an integral part, the basic features-attributes of the Product/Products subject to sale, sales price, payment method, delivery conditions, Seller and all other preliminary information about the product subject to sale, including the right of withdrawal and personal information, electronic communication, in advance of all matters written in Article 4 of this Agreement, that he has seen all of them electronically on the Internet Site, and that By giving confirmation-approval-acceptance-permission in the environment, it accepts and declares that it accepts the provisions of this Agreement by ordering the Product.
7.4. Both the aforementioned preliminary information and this Agreement are also sent to the above e-mail address notified by the Buyer to the Seller, and the confirmation of receipt of the order is also included in the aforementioned e-mail along with the order summary.

8-State of Default and Its Legal Consequences

In the event that the BUYER defaults on the transactions made with the credit card, the cardholder will pay interest within the framework of the credit card contract signed by the bank with him and will be liable to the bank. In this case, the relevant bank may take legal action; may claim the costs and attorney`s fees to arise 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 damage and loss suffered by the SELLER due to the delayed performance of the BUYER`s debt.

9-Notices and Evidence Agreement

Any 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. The BUYER, without prejudice to the right to submit additional evidence in disputes that may arise from this Agreement; It accepts, declares and undertakes that the SELLER`s official books and commercial records, electronic information and computer records kept in its own database and servers will constitute binding and conclusive evidence, and that this article is in the nature of an evidential contract within the meaning of Article 193 of the Code of Civil Procedure

10-Force

This Agreement consists of 13 (thirteen) articles, has been read by the Parties and approved by the Buyer electronically, and has been concluded and entered into force.

SALES PERSON

BUYER

Name/Surname :

[……………]

Date :

[……………]
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