Distance sale contract:
This Agreement, the sale of the Buyer (Consumer), the e-commerce site “kstana.com” by ordering the purchase of the following products / services (“Product / Products”) to the Buyer – regulates the rights and obligations of the parties in connection with delivery and other matters. After the Buyer agrees to this Agreement on the Website, the price and expenses for the product(s) ordered by the Buyer shall be collected by the payment method.
Article 1 – Parties
This Agreement is signed by the following parties in accordance with the following terms and conditions.
1.1- The seller:
‘Kstana Logistics and Trading’
Address: şirin sokak gül apartman no:24/S – Osmaniye mahallesi Bakırköy / İstanbul:
Tel: +90 5352424810
buyer (consumer); (hereinafter referred to as the “Buyer”)
Article 2. Definitions
In the application and interpretation of this Agreement, the following terms refer to the written interpretations filed against it.
Service: the subject matter of any consumer transaction other than the provision of goods for a fee or interest,
The seller: the company that provides goods to the consumer within the scope of its commercial or professional activities or works on behalf of the account or offer of the goods,
Buyer: The natural or legal person who acquires, uses or benefits from a product or service for commercial or non-professional purposes,
Purchase Order: A natural or legal person who orders a good or service through the seller’s website,
Parties: Seller and buyer,
Contract: This agreement between the seller and the buyer,
Goods/Products: Refers to transported goods subject to shopping, software, sound, images, and similar intangible goods intended for electronic use.
Article 3 – Subject
3.1. In the event that the buyer is a consumer, this Agreement provides for the arrangement of the parties in accordance with the provisions of Law No. and regulate its obligations.
3.2. In the event that the buyer is a wholesaler or purchaser, the general provisions shall apply between the parties in accordance with the relevant articles of the Turkish Commercial Code and the Turkish Commercial Code, and the rules arising from the provisions of Law No. In the event that the Buyer is a merchant or wholesaler, the Buyer accepts, declares and undertakes to enforce the provisions in the event that it is a merchant in this Agreement
3.3. The prices listed and announced on the website are the selling price. Advertised prices are valid until updated and changed. Prices announced on time are valid until the end of the specified period.
ARTICLE 4 – PRODUCT SUBJECT
Type and type of products, quantity, brand/model, color, sale price as above.
Product type and type, quantity, brand/model, color, sale price as above and this information is approved by the buyer.
Payment Information (Collection)
Payment method: (credit card / cash payment)
Card type: Visa/MasterCard…
card number: ….
Credit Card Payment:…
Credit Card: Installment / One Payment.
Total amount: …
In the above section, the total amount of the order that will be delivered to your bank will be paid in installments. By organizing campaigns, your bank may apply a higher number of installments than the number of installments you have chosen, and services such as installment payment may be provided. These campaigns are at the discretion of your bank, and if it is within our company’s knowledge, our pages provide information about the campaigns.
Delivery costs are the responsibility of the buyer. If a seller announces on their website that the shoppers will pay a delivery price higher than the declared amount or will provide free delivery during the campaign, the cost of the delivery belongs to the seller. delivery; After stock is available and the cost of goods is transferred to the seller’s account. Seller shall deliver the goods/services within 30 (thirty) days of ordering the goods/services and reserves the right to extend an additional 10 (10) days with written notice during this period.
If, for any reason, the price of the Goods/Services has not been paid or canceled in the bank records, the Seller shall be deemed free from the obligation to deliver the Goods/Services.
Article 5 – General provisions
5.1. This contract is arranged between the seller and the buyer. In the event that the Buyer is a Consumer, the provisions of this Agreement shall be applied in accordance with Law No. 6502 Concerning Consumer Protection and the Implementing Regulations for Distance Contracts.
5.2. In the event that the buyer is a merchant or a wholesaler, the provisions of the TCC and TCC and the provisions of this Agreement to be applied to the merchants are applicable. Buyer agrees and declares that in the event of a dealer or wholesale purchases, the provisions of this Agreement do not apply to him for the benefit of the consumer.
5.3. Persons under the age of 18 and persons who lack the ability to discriminate or are restricted may not make purchases from the seller. The seller is not responsible for any attempt to enter into remote sales contracts by persons under 18 years of age or persons registered on the site.
5.4. Buyer acknowledges that it has been notified by reviewing and reviewing all general interpretations specified in the sections of the relevant pages of the Website prior to the creation of this Agreement by Buyer on the Website with the acceptance and establishment of the Contract and the placement of the payment and payment obligation.
Name, contact information, and current promotional information of the seller,
Appropriate means and methods for correcting incorrectly entered information during the stages of the purchase process while purchasing the product(s) from the Website,
Electronic contact information of the Chamber of Commerce (ITO-Istanbul Chamber of Commerce) and ITO code of conduct related to the profession (tel: 4440486, www.ito.org.tr)
Confidentiality and processing of the use of data, the rules for electronic communications of the Buyer, the permissions granted by the Buyer to the Buyer in this regard, the legal rights of the Buyer and the Buyer’s rights, and the procedure for using the rights of the parties,
Product delivery restrictions as stipulated by the seller,
The payment method accepted by the seller for the product(s) subject to the contract, the essential features and characteristics of the products, the total price including taxes (including related costs).
Information on the procedures related to the delivery of products to the buyer and the costs of transporting goods transport,
Payment / collection and other delivery information relating to the products and information relating to the performance of the contract, the obligations and responsibilities of the parties in these matters,
Products and other goods services from which the Buyer is not entitled to withdraw,
In cases where the buyer has the right to withdraw, the terms, duration and procedures for using this right will be lost and the buyer will lose his right to withdraw if he does not exercise this right in time,
In the case of products that have the right of withdrawal, in the event of a product deterioration or change due to non-use due to the instructions for use, normal operation or technical specifications during the cancellation period, the buyer’s request for withdrawal may not be accepted and in any case the seller will be responsible to the supplier. In the event that it is appropriate according to the change or change in the amount to be paid to the Buyer without deduction (discount),
How the product can be returned to the seller in cases where the right of withdrawal is available and all related financial issues (including methods of return, cost and refund of the price of the product, discounts and discounts that may be made by the seller during the return of the product).
If he is a legal person, he may not use “consumer rights”, in particular the right of withdrawal for products purchased for commercial or professional purposes (for example, bulk purchases of this kind are in any case),
Subject to the nature of this Agreement, and all other terms and conditions of sale, this Agreement is approved by the Buyer on the Website and then sent to the Buyer via email to the Buyer as required by the Buyer may be stored for a period of three years and the seller is accessible for a period of three years. in the presence of.
In the event of any dispute, the Buyer may provide its contact information to the Seller and make legal requests to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.
5.5. Each product subject to the contract is delivered to the person and / or organization at the indicated address, provided that it does not exceed the legal period of 30 days. In the event that the product cannot be delivered to the buyer during this period, the buyer reserves the right to terminate the contract.
5.6. In the event that the buyer is a wholesaler or purchaser, a separate delivery time may be agreed upon. In this case, the buyer who performs the merchant accepts and announces the receipt of the products within the agreed period.
5.7. However, on the pre-order product(s), this statutory period of 30 days begins after the sale date declared on the sales page of the relevant product, and the supplier may cause delays on this date. In this case, the seller must inform the seller in writing in advance. In this case, the Buyer may use one of the rights to deliver the product(s) subject to the order by waiting for the order to be canceled or delivered. In the event that the buyer cancels the order, the amount paid will be returned to him within 14 (fourteen) days.
5.8. If the product(s) subject to the remote sales contract is delivered to a person / organization other than the buyer, the seller cannot be held responsible for non-acceptance of delivery.
5.9. Kstana agrees, declares and undertakes to perform the contracted product in full, in accordance with the qualifications specified in the order and free from any defects, in accordance with the requirements of statutory legislation, in accordance with standards of accuracy and honesty, and to show due care and attention during the execution of the work.
05.10. The seller may fulfill the contract performance obligations by providing a different product of the same quality and price by informing the seller and obtaining his consent before the expiry date.
05.11. For the delivery of the product(s) subject to the distance sale contract, the distance sale agreement must be confirmed electronically and the price of the product(s) must be paid in the form of a payment method preferred by the buyer. If for any reason the price of the product is not paid or canceled in the bank records, the seller is deemed to be free from the obligation to deliver the product.
05.12. In the event that the payment made by the Buyer for the Product(s) subject to the Distance Sale Contract as a yat deposit is made from an ATM or a branch of any bank, the price of the Product shall be returned to the Buyer under the terms specified in this Agreement. Accepts and agrees that the IBAN of a bank account will be accurately and completely sent to the seller’s email address at Support@kstana.com and returned to the IBAN. Unless the buyer reports the account information, the seller will not default, and the seller will not be responsible for the default.
05.13. The seller accepts, declares and undertakes to notify the seller if he cannot deliver the product subject to the contract within the specified period due to force majeure circumstances such as the occurrence of unforeseen advance and/or delay and/or delay in situations beyond the will of the parties. The buyer has the right to demand the cancellation of the order and the replacement of the contracted product with the previous one, if any, and / or the postponement of the delivery period until the protective situation is canceled. In the event that the order is canceled by the Buyer, the amount of the product shall be returned to the Buyer within 14 days for payments made by the Buyer in cash. For payments made by the Buyer by credit card, the amount of the product is paid within 14 days after the Buyer cancels the order.
It is returned to the bank. It may take two to three weeks for the buyer to reflect the amount returned to the bank by the seller’s credit card to the buyer’s account. It accepts, declares and undertakes that it does not bear any responsibility. Seller reserves the right to deduct the refund arising from or limiting the use of this Agreement and the law. In the event that the buyer is a wholesaler or purchaser, due to force majeure and legal and administrative regulations, the product not delivered within the term does not entitle the buyer to return from the contract. In the event that the buyer is a wholesaler or purchaser, the right of return from the contract may be used in accordance with the general provisions of TCC and TCC.
05.14. The establishment of this agreement with the delivery address, but the buyer with Turkey will be able to show the geographical boundaries. Turkey buyer as a place to show the status of the delivery address outside the geographical boundaries, this contract is not created, the seller accepted by the buyer, in this case, will not bear any responsibility, declare and obligation.
5.15. Seller’s address, e-mail address, fixed and mobile phone lines and other contact information specified by the Seller in the registration form or subsequently updated by the Buyer through letter, email, SMS, telephone calls and other means of communication and marketing, has the right In reaching the buyer for notice and other purposes. By accepting this Agreement, the Buyer accepts and declares that the Seller may engage in the above communication activities against it.
5.16. Seller may use the right to terminate and return the Contract created by law and this Agreement by notifying the Buyer’s email address. Buyer accepts, declares and undertakes to send a declaration of willpower by Seller to Buyer’s email address with the provision and results of such Willpower.
05.17. The buyer must inspect the goods/services subject to the contract before receiving them; Scratches, broken, torn package etc. Damaged and defective goods/services may not be delivered from the shipping company and this issue must be determined by a damage determination report which is prepared with the shipping officer. Unless the shipping officer issues a damage determination report, the seller will not be able to claim damages or defects in the goods subject to the contract. The responsibility to protect the goods/services after delivery is the responsibility of the buyer. If the right of withdrawal is used, the goods/services should not be used. The invoice must be returned.
5.18. In the event that the buyer is a merchant or if the goods are defective in bulk purchases, he accepts and declares that the clause will be applied in accordance with the general provisions of both TBK and TTK. The Buyer, who is a Merchant, will inspect the Goods/Services prior to delivery of the Contract; Scratches, broken, torn package etc. Damaged and defective goods/services may not be delivered from the shipping company and this issue must be determined by a damage determination report which is prepared with the shipping officer. Unless the shipping officer issues a damage determination report, the seller will not be able to claim damages or defects in the goods subject to the contract.
5.19. If the buyer and the holder of the credit card used at the time of the order are not the same person, or if a vulnerability is discovered with respect to the credit card used in the order before the product is delivered to the buyer, the seller is required to provide the identity and contact information of the contact person to the previous month. Or the card holder may ask the researcher to provide the letter and any necessary information and documents to which the credit card belongs. The order will be frozen until the buyer obtains the information/documents subject to the order and if the said requests are not fulfilled within 24 hours, the seller has the right to cancel the order. In this case, the buyer has no right to claim any rights and receivables from the seller.
5.20. As a general rule, if the buyer has provided any bonus points that are unfair in any way, if the buyer applies the bonus points, then the monetary value of the said bonus points will be paid by the seller from the buyer (credit card, cash and other legal methods). accuse). This provision also applies to the price of the goods given to the buyer by the seller as a result of the application of such a system.
5.21. Buyer agrees that personal and other information provided by Seller to Seller’s website is fair information and that all damages incurred by Seller as a result of wrongdoing such information shall be promptly, in
05.22. The Buyer agrees and undertakes to comply with the provisions of the legal regulations and not to violate them while using the Site. Otherwise, all legal and penal obligations to be incurred will be entirely and exclusive to the Buyer.
5.23. The Buyer shall not use the Site in any way to disrupt public order, contrary to public morals, or to annoy or harass others, for a purpose contrary to law, in a manner that may infringe the material and moral rights of others. In addition, the Buyer may not engage in activities that prevent or make it difficult for others to use the Services (spam, viruses, Trojan horses, etc.).
5.24. rights to register the registered product(s) purchased by the Buyer; The Buyer accepts and declares that the Buyer is responsible for any violations caused by illegal actions such as copying and reproduction of the Registered Product, destruction of rights arising from the registration for all other reasons. The Buyer reserves the right to indemnify any further claims arising from the unauthorized use of the Products registered against the Seller.
5.25. Links to other websites and/or other content that is not under the control of, owned and/or operated by other third parties may be provided through the Site. These links are provided to the buyer for ease of referral and do not support any website or the person who operates the site, and the seller is not responsible for the information contained on the linked site.
05.26. Buyer, who violates one or more provisions of this Agreement, assumes personal and legal responsibility for such breach and keeps Seller free from legal and criminal consequences of such breaches. Also, in the event that the accident is transferred to the law area due to this violation, the seller reserves the right to claim compensation from the buyer.
05.27. In case the buyer defaults for any reason during the payment; The Buyer accepts, declares and undertakes that the Seller will pay the loss and the loss due to the late payment of the debt.
Article 6 – Right of withdrawal
6.1. In order to exercise the right of withdrawal in accordance with the provisions of this Agreement, the Buyer must be a Consumer. The purchase may not use the right of withdrawal arising from the provisions of Law No. 6502 Concerning Consumer Protection and the Implementing Regulations for Distance Contracts. In the event that the buyer is a wholesaler or purchaser, the buyer may use the right of return from the contract in accordance with the general provisions of the TCC and TCC. In the event the Buyer is a Dealer or Wholesale Buyer, Seller reserves the right to withdraw from the unilateral agreement in accordance with the general provisions of TCC and TCC.
6.2. In the event that the buyer is the consumer; In the event of a remote agreement regarding the sale of the goods, the product itself or the person / organization at the indicated address within 14 (fourteen) days, provided that the seller notifies the seller without any legal or criminal liability and without giving any reason to use the right to withdraw from the contract. In remote contracts for the provision of services, this period begins from the date of signing the contract. The right of withdrawal cannot be used if the service was started with the consent of the customer before the cancellation period expired. The expenses arising from the exercise of the right of withdrawal are at the seller’s expense. By accepting this Agreement, the Buyer agrees in advance to be informed of the right of withdrawal.
6.3. In the event that the buyer is the consumer; In order to exercise the right of withdrawal, Seller must be notified in writing by registered mail or email to Seller within 14 (fourteen) days and that the Product must not be used within the scope of the “Cannot Use Products.”
The product that was delivered to the person or the seller must be sent to the invoice. (If the invoice for the product to be returned is a company, if there are other obligations, it should be sent with the return invoice issued by the enterprise. The invoice will not be completed unless the return invoice is issued on behalf of the enterprises.)
Products to be returned must be sent with the return form.
Items to be returned must be delivered complete and undamaged with box, packaging, and standard accessories, if any.
The seller is obligated to return the total price and the documents that put the buyer under debt within 14 days from the date of receipt of the notice of withdrawal to the buyer and the receipt of the return of the goods.
If there is a decrease in the value of the goods due to a reason caused by the buyer’s defect or if a refund becomes impossible, the buyer is obligated to compensate the seller for damages at the price of the defect. However, the buyer is not responsible for changes and deteriorations that occur due to the proper use of the product or the product during the right of withdrawal.
If the campaign maximum amount is reduced by the seller due to the use of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
Products to be returned must be sent to the seller’s address at the time of contract creation, with the seller’s shipping charges via the contracted shipping company specified in the website. Otherwise, it is acceptable not to exercise the right of withdrawal.
Article 7 – Products that cannot be used
In the event that the buyer is the consumer and disposable products, deformed products, destroyed products, the price of which is prepared according to the buyer’s demand or personal needs, even if not used, is subject to fluctuations in the financial markets. Goods and services that are not under the control of the Seller or the Supplier, if the package is opened by the Buyer after it has been delivered to the Buyer to return products that are not suitable for health and hygiene; Return of the delivered goods in the case of the implementing regulations for distance contracts is not possible. Moreover, prior to the expiration of the right of withdrawal, the right of withdrawal for services no longer commenced with the consent of the consumer under the Regulations on Distance Contracts. Personal use products, underwear products, etc. Products must be unpacked, untested, intact and unused for return. Again, in accordance with the relevant legislation, the right of withdrawal cannot be used in cases where the accepted goods and other services are outside the scope of distant sales and the purchaser makes purchases for commercial / professional purposes.
Article 8 – Rules relating to security, privacy, personal information, electronic communications and intellectual rights
8.1. On the Website, the confidentiality rules, policies and conditions set forth in the following principles apply to the protection, confidentiality, processing, use and communication of information.
8.2. Necessary measures have been taken to protect the information and transactions entered by the Buyer on the Website in the system infrastructure on the Seller’s side in accordance with the nature of the information, the process and current technical means. However, it is the Buyer’s responsibility to take necessary precautions, including those related to viruses and other harmful applications, to protect Buyer from being accessed by Buyer’s device and to prevent access by unrelated persons.
8.3. The information provided by the Buyer during his membership and purchases on the Website is provided by the Seller and its current and future affiliates, affiliates, partners, successors and/or third parties/organizations designated by them and providing them with all kinds of information, advertising and promotion, for the purposes of promotion, sales, marketing, store card, credit card and orders Membership, electronic and other social-business communications may be recorded indefinitely or for a period of time anticipated and anticipated by its successors and may be stored in print/magnetic archives, updated and shared as necessary. It may be transferred, transferred, used and otherwise processed. This data may also be transmitted to the relevant authorities and courts when required by law. Grant the Buyer consent and permission to use, share, process and conduct non-commercial electronic communications and other existing and new non-personal information in accordance with the Personal Data Protection and Electronic Commerce Legislation.
8.4. The Buyer may at any time discontinue the use of data processing and/or communications by reaching out to the Seller through the specified communication channels. Pursuant to the express notification of the publisher, transactions of personal data and/or party communications are suspended within the maximum legal period; In addition, if he/she wishes, his/her information, other than what is legally required and/or possible, is deleted from the data logging system or his/her identity is disclosed anonymously. If PURCHASER wishes to process the processing of personal data, the persons to whom it is transferred, correct in case of loss or incorrectness, notify the correct information to the relevant third parties, delete or destroy the data, analyze using automated systems, object to the occurrence of data against it, Contrary to the law can be applied to the seller at any time through the above communication channels and receive information on matters to be disposed of in the event of damage. Requests and requests relating to these matters must be fulfilled within the maximum legal period or cannot be accepted by explaining the legal justification of the party.
8.5. all types of information and content of the Internet website, its arrangement, review and partial / full use of it; Except for those belonging to other third parties in accordance with the seller’s agreement. All intellectual, industrial and proprietary rights belong to the seller.
8.6. Seller reserves the right to make any changes it may consider necessary in the above matters; Such changes shall become effective as of the date the Seller is advertised on the Website or other appropriate means.
8.7. On other sites accessed from the Internet site, their own privacy protection policies and conditions apply, and the seller is not responsible for any dispute or negative consequences.
Article 9 – Methods of legal application and authority
9.1. If the buyer is the consumer, the provisions of Law No. 6502 on Consumer Protection and related legislation in unregulated matters of the distance sale agreement shall apply, and in the event that the buyer is a merchant or wholesale purchaser, the relevant provisions of TBK and TCC shall apply.
9.2. Complaints and objections in disputes arising from this contract shall be submitted to the arbitration panel or consumer court in which the consumer is located or in which the consumer’s transaction falls within the financial limits determined by the Ministry of Customs and Trade annually by the Ministry of Customs and Trade in the event that the buyer is a consumer.
9.3. Istanbul Enforcement Offices and Courts (BAKIRKOY) are exclusively authorized for commercial disputes and disputes arising from this contract even though the buyer is a merchant.
9.4. The Remote Sale Agreement has been read, accepted and confirmed by the parties in the electronic environment.
Article 10 – Notifications and Evidence Agreement
Correspondence between the Parties under this Agreement shall be by electronic mail, except as required by legislation. In the event of any dispute arising from this Contract, the Buyer shall have binding, comprehensive and exclusive evidence of SELLER’s official business books and records, electronic data and computer records maintained in its database and servers, and this Article constitutes evidence within the meaning of Section 193 of the Code of Procedure Civil. Agreement, declares and undertakes.
Article 11 – Enforcement
11.1. I have read all the terms and explanations written on the site in this contract and the pre-order information forming an integral part of the 11 (11) articles, the essential features and characteristics of the product(s) subject to sale, the sale price, the method of payment and the delivery terms. and all other preliminary information on the subject matter of sale information, right of withdrawal, terms of electronic communications and personal information, including all prior written information in this Agreement and the entire website on the electronic environment and all such consent confirmed and confirmed by product order, accepts and declares acceptance of the provisions of this Agreement.
11.2. Both the foregoing notices and this Contract shall be sent to the above email address notifying the Buyer to the Seller and acknowledgment of receipt of the order being also included in the email mentioned with the order summary.
11.3. The initial text of the information is part of and precedes this contract. When the buyer clicks on the checkbox for distance sales via the Internet, he sends the statement that he has read and accepted the preliminary information forum sent to the e-mail address that he informs him by telesales and before the conclusion of the sales agreement, the advance notification is read between accepted by both parties.
11.4. If Buyer completes the necessary steps and order confirmations placed on the Site, it shall be deemed to have accepted all terms of this Agreement.
‘Kstana Logistics and Trading’
Address: şirin sokak gül apartman no:24/S – Osmaniye mahallesi Bakırköy / İstanbul
Annex 1 – Cancellation Form
(This form will be filled out and submitted only if the right of withdrawal from the contract is requested.)
To Kstana Logistics and Trading’
şirin sokak gül apartman no :24/S – Osmaniye mahallesi Bakırköy / İstanbul
Tel: +90 5352424810
I hereby declare that I have exercised my right to withdraw from the contract relating to the sale of the following goods or provision of services.
Dial code / number
Order date or delivery date
Goods or services subject to the right of withdrawal
The cost of goods or services subject to the right of withdrawal
Recipient’s name, surname, and T.C. ID Number