PRELIMINARY INFORMATION FORM AND DISTANT SALES CONTRACT
Special souvenir products are presented and sold to consumers at the KISMETCE HEDİYELİK EŞYA SANAYİ VE TİCARET LİMİTED ŞİRKETİ (KISMETCE) company ‘s web site www.kismetce.com
www.kismetce.com web site and the sales system on this web site (e-commerce system) is run by KISMETCE HEDİYELİK EŞYA SANAYİ VE TİCARET LİMİTED ŞİRKETİ with the center address Akasya Sokak Maslak 1453 Sitesi A3 Blok D:134 Sarıyer – İstanbul and registered on Istanbul registry of commerce
These Terms of Use and the contract shall be deemed to have been accepted either by pressing the relevant button or by purchasing the product during the sales process. In this case, you accept that you have approved these Terms of Use by using and / or purchasing the products provided by us. These Terms of Use may be called at any time at www.kismetce.com, printed and stored locally.
You can purchase products through www.kismetce.com as follows:
On the main page, please surf as you wish, click on the product you like,
Choose as many products as you want.
Please read the preliminary information form provided and if it includes the same information as the product you want to buy, please approve it.
Please enter your name, e-mail address, residence address and TR ID number and credit card information.
Your purchase proposal will be provided once you approve the Terms of Use and click on the “Buy” button. The acceptance of the purchase contract by KISMETCE is carried out by sending you a copy of the product information you have purchased and the contracts you have approved.
After your purchase approval, the relevant amount will be deducted from your credit card and transferred to our account. Whether or not your credit card authorization has been received will be notified to you. If your credit is not authorized, the sale will not take place and the contract will not be approved.
If you want to make a purchase by bank transfer, you must approve the contracts as above and you will have to do bank transfer to one of the bank account numbers that we will give together with the order code after these approvals. Once it is understood that the bank transfer to our account is completed, the contract confirmation and the electronic mail containing the information at article 4.5 will be sent to the email address given by you
Below you can find an example of the contract we will provide you with.
KISMETCE ONLINE SALES contract
ARTICLE 1- PARTIES
1.1. SELLER:
Title: KISMETCE HEDİYELİK EŞYA SANAYİ VE TİCARET LİMİTED ŞİRKETİ (KISMETCE) (www.kismetce.com)
Address: Akasya Sokak Maslak 1453 Sitesi A3 Blok D:134 Sarıyer – İstanbul
Telephone: 02123583388
Fax: 02123583388
1.2. Buyers / clients:
Name / Surname / Title:
Address:
Telephone:
Email:
Date:
ARTICLE 2 – SUBJECT
The subject of this contract is the determination of the rights and obligations of the parties with regard to the sale and delivery of the product, whose qualifications and sales price are specified below, purchased by BUYER at the web site www.kismetce.com owned by the SELLER in accordance with the provisions of the Distance Sales contract dated 27.11.2014 and in force in accordance with the Articles 48 and 84 of the Law on the Protection of the Consumer No 6502.
ARTICLE 3 – CONTRAT PRODUCT
The Type, Quantity, Brand / Model, Color, and Sales Price of the Products are as included in the “Preliminary Information Form” and as detailed in this contract.
3.1. Type, and Quantity of Products
3.2. Method of payment
Method of payment
Delivery Information
Name / Surname / Title:
Delivery address:
TC Identity Number / Tax Number:
Delivery Person:
Billing information
Name / Surname / Title:
Billing address:
TC Identity Number / Tax Number:
3.3. REFUND POLICY
- REFUND POLICY FOR CREDIT CARD
In case the buyer uses the right of withdrawal or the ordered product can not be procured for any reason or it is legally necessary to make a refund to the consumer, the refund policy for credit card is as the following if the purchase is made with credit card and installment payment or bank card.
The bank will make the refund to the customer with installment payments as the customer purchased the products. Following that KISMETCE (kismetce.com) pays the full price of the product to the bank in a single payment, in case that installment payments made through the bank’s POS/Virtual POS will be refunded to the customer’s credit card, the amount of the requested refunds will be made by the bank again to the accounts of the bearers in installment payments in order to prevent the interested parties from being injured. The amount of the installment payments made by the customer until the cancellation of the sale will be made to the credit card as 1 payment per month if the statement date of the card and the date of refund do not coincide. The customer will receive the installment payments that he made with the same installment payments after the installment of the sales finish and be freed from the current debts.
In case of return of the goods and services purchased with credit or bank debit card, KISMETCE, in accordance with its contract with the bank, does not make any cash refund to the customer. In case of a return, the member firm, i.e. KISMETCE will make the refund through the related software. Since the member firm, i.e. KISMETCE is obliged to pay the related amount to the bank in cash or to its account, it will not make any cash refund to the customer in accordance with the above-mentioned procedure. The refund to the credit card will be made in accordance with the above-mentioned procedure after KISMETCE pays the full amount to the bank in a single payment.
Customer declares and undertakes to have read and accepted this procedure.
B) REFUND POLICY FOR MONEY TRANSFER/EFT
In money transfer/EFT payment options, the customer’s bank account information will be requested (The account has to belong to the name of the person in bill’s address or the user member) and the refund will be made to the account indicated by the customer as money transfer and/or EFT.
On the other side, since the forward sales are done only with the banks’ credits cards and/or debit cards, the buyer accepts, declares and undertakes to; confirm again from its bank the information regarding the related interest rates and default rates and that the provisions regarding the interest and default interest will be applied within the scope of of the contract between the bank and the buyer.
3.4. TYPE OF DELIVERY AND ADDRESS
Delivery Address
Person to be Delivered Billing Address
The delivery will be made by cargo firm to the address of the buyer indicated above as hand-delivery. Even in case that the buyer is not present in its address at the moment of delivery, the SELLER will be accepted to have fulfilled its commitment whole and complete. Therefore, all kinds of damages incurred from late receiving by the buyer of the product and all expenses resulting from the stay of the product in the cargo firm and/or the return of the cargo to the SELLER will belong to the BUYER.
Cargo Price Cargo price is Turkish Lira currency and is added to the total amount and paid by the customer. Cargo price is not included in the sale price. If the amount of the order is above 500 TL, the cargo price is not requested.
ARTICLE 4 – GENERAL PROVISIONS
- The BUYER accepts, declares, and undertakes; to have read the rudiment in internet web site www.kismetce.com and was informed about the basic properties of the product in the contract, the sale price, the type of payment, the type of delivery, and to have given confirmation in the electronic environment.
- The contract product will be delivered to the BUYER or to the person/firm in the address indicated by the buyer in the legal delivery time of 30 days or within a time depending on the distance of the customer’s residence for each product and not exceeding the legal extension time of 10 days if the consumer is notified in written form that delivery is not possible in 30 days. The time lead times of the forward order special products to cargo firm are as indicated in the product page.
- If the contract product is to be delivered to a person/firm other than the BUYER, the SELLER is not responsible for the non-receiving of the contract product by the person/firm to whom the contract product is delivered.
- The SELLER is responsible for delivering the related product as durable, complete, fitting with the features in the order, and with the user manuals and warranty papers if existent.
- For the delivery of the contract product, the signed copy of this agreement has to have been delivered to the SELLER and its price has to have been paid with payment option of the BUYER. If the price of the product is not paid or cancelled in the bank accounts for any reason, the SELLER will be accepted to have been relieved from the responsibility of the product’s delivery.
- After the delivery of the product to the BUYER, in case the price of the product is not paid to the SELLER by the related bank or financial institution resulting from the unauthorized and illegal use of the SELLER’s card without the personal fault of the BUYER, the BUYER is obliged to return the product to the BUYER in 3 days provided that the it is delivered to the BUYER himself.
In this case, the shipping expenses will belong to the BUYER.
- The broken (defective) products regardless of being sold with warranty or not will be sent to the SELLER to get repaired by the authorized service within the scope of the warranty rules. In this case, the cargo expenses will belong to the SELLER.
ARTICLE – 5 RIGHT OF WITHDRAWAL
- The BUYER has the right of withdrawal without giving any reason from the day of contract signature or within 14 (Fourteen) days after the product was sent to himself or to the person/firm that he indicated.
- As for delivery contracts, the right of withdrawal is valid within 14 (Fourteen) days after the product was delivered to the BUYER.
- Before the end of the right of withdrawal time which is 14(Fourteen) days,
- The notification of the use of the right of withdrawal will be made to the SELLER in written form by fax, registered letter with advice of receipt or e-mail within the stipulated time.
Address: KISMETCE HEDİYELİK EŞYA SANAYİ VE TİCARET LİMİTED ŞİRKETİ – EMEKYEMEZ MAHALLESİ YANIKKAPI SOKAK NADİR HAN 30/11 BEYOĞLU İSTANBUL
Telephone: 0 (212) __________ Fax: 0 (212) _____________
E-mail: info@kismetce.com
5.5. In case of the use of this right, we undertake to refund its price within 10(ten) days and to take back the product you purchased in 20(twenty) days after the notification of the withdrawal reaches us.
ARTICLE 6 – RIGHT OF WITDRAWAL SHALL NOT APPLY TO THE CONTRACTS ON PROVIDING SERVICE AND DELIVERY OF GOODS BELOW:
6.1. Contracts on goods whose prices are determined on the stock exchange or other organized markets,
6.2. Goods whose protective components such as cases, tapes, seals, packages, etc.are opened after purchase (especially if the special packages of the products purchased from www.kismetce.com are opened)
6.3. Contracts on goods which are prepared in accordance with the consumer’s wishes or his personal needs and which are not suitable for return due to its nature and which are dangerous for immediate deterioration and which may expire.
6.4. Contracts on audio or video recordings, software programs and computer consumable, provided that the package is opened by the consumer.
6.5. Contracts on the execution of bets or lottery-related services,
6.6. Contracts on immediate services in electronic environment and intangible goods delivered to consumers immediately
6.7. On the transport of food, beverages or other daily consumption goods delivered to the consumer’s residence or workplace within the framework of the regular delivery of the SELLER,
6.8. Contracts made with service providers on travel, accommodation, restaurants, entertainment, etc. where the service provider is under an obligation to provide contractual service in a certain date or time.
ARTICLE 7 – DEFAULT IN CONTRACT
If the parties fail to fulfill their obligations arising from this contract, the default in contract provisions of the Law of Obligations shall apply for the Debtor. In the event of default in contract, if any party fails to perform its actions without due cause within the time limit, the other party shall give 7 days to the non-performing party to fulfill the action. The non-performing party within this time limit shall be put into default and the creditor shall have the right to demand the delivery of the goods, and / or the demand for termination of the contract and refund, by demanding the performance of the act.
In accordance with the second provision of Article 16 of the Distant Sales Contracts Regulation, if the seller KISMETCE can not fulfill the contractual obligations by claiming that it is impossible to fulfill the goods or services ordered, it undertakes to inform the consumer within 3 days. In this case, the customer has the right to terminate the contract immediately and KISMETCE undertakes to reimburse the product ordered by the customer and any documents that put it in debt within 14 days.
In the event that KISMETCE can not deliver the product subject to the contract on due time because of extraordinary events such as adverse weather conditions, transportation problems, fire, earthquake, flood etc. In such cases the Buyer shall accept that KISMETCE does not take any responsibility, and he can use the right to cancel the order or postpone the delivery period until such obstacle has been removed. In the event that the BUYER cancels the order, the fee is reimbursed within 10 (ten) days. (In the case of installment shopping with credit card, the above procedure to reimburse to the credit card shall be accepted and declared by the BUYER)
ARTICLE 8 – GENERAL PROVISIONS
8.1. Minors under 18 and persons without legal capacity can not purchase from SELLER. Consumers shall be responsible for the correctness of the information provided at online shopping while the SELLER shall not be liable for the false information and in the event that a person without legal capacity does shopping.
8.2. SELLER shall not be responsible for price errors due to printing and system errors.
ARTICLE 9 – AUTHORIZED COURT
In the implementation of this Contract, the Consumer Arbitration Committees up to the limits declared by the Ministry of Customs and Trade as well as the Consumer Courts in the residential area of the BUYER or the SELLER shall be authorized.
In the event that an order is made, the BUYER shall be deemed to have accepted all the terms of this contract.
SELLER: KISMETCE HEDİYELİK EŞYA SANAYİ VE TİCARET LİMİTED ŞİRKETİ
BUYER: Name / Surname / Title:
Date:
9.1. KISMETCE reserves the copyright and other rights (hereinafter “Protected Property”) of the products as well as the copyrights and other rights of the contents, information, pictures, videos and data banks published. Any modification, duplication, publication, transmission to third parties and / or use in a different manner of the Protected Property without the prior written consent of KISMETCE is strictly prohibited. KISMETCE does not take any responsibility for the documents, information and visuals obtained from www.kismetce.com without any written permission of KISMETCE and it reserves the right to apply for any legal or criminal penalties on those who use them.
9.2. With the collection and use of personal information and your purchase, you will allow KISMETCE to collect your personal information, especially your name (your name and surname), address, telephone number, email address, and to contact with you to present exclusive offers or important information and news related to KISMETCE. Whenever you wish, you have the right to withdraw your consent without specifying any reason. Your declaration of your withdrawal of consent must be forwarded to info@kismetce.com via e-mail. We will no longer use your information for these purposes once you have withdrawn your consent. You also accept, declare and undertake that you are also bound by the provisions of the “membership contract” you have approved as a member.
9.3. KISMETCE may modify, update or extend these Terms of Use from time to time to, for example, comply with legal requirements or consider functional changes. You can find the current Terms of Use at www.kismetce.com every time. If you do not agree with the amended Terms of Use, unfortunately you will no longer be able to use our services.
9.4. If the individual terms specified in these Terms of Use or other contracts made are in whole or in part invalid, this does not affect the validity of the rest of the contract.
9.5. With regard to the products offered by KISMETCE, you acknowledge, declare and undertake that you make a commitment to all the Regulations, and other relevant legislation issued in accordance with these Laws, including the provisions of the Distant Sales Contracts Regulation for the services related to the Protection of the Consumer No 6502 and the related legislation and scope of this Law, except in cases of force majeure and extraordinary circumstances, and that you are solely liable for any kind of debts incurred by this legislation to the vendor or supplier and that you are obliged to comply with any and all laws and regulations applicable to it, and that the products shall be provided by KISMETCE in accordance with the legislation.
9.6. In the event that you buy the product in the manner specified in the Article 4 above, you shall be deemed to have accepted the “Preliminary Information Form” and the “Distance Sales Contract” together with all the contents for the services within the scope of Law on the Protection of the Consumer No 6502 and other relevant legislation issued in accordance with this law.
9.7. At this contract, provisions of the United Nations Agreement on Contracts for International Sale of Goods (CISG) shall not apply and the provisions of the Law of the Republic of Turkey will be valid. The Istanbul Central Courts and Execution Offices shall have exclusive jurisdiction over any disputes arising out purchases at the web site www.kismetce.com and these Terms of Use.
ARTICLE 10 – DISPUTES
Consumers can convey their requests and complaints to the channels provided by the above SELLER contact information.
Consumers may convey their applications for complaints and objections to the arbitration committee for consumer problems in the residential area where the consumer purchases goods or services or resides within the monetary limits set by the Ministry every December.
