Distance Sales Agreement

Article 1 – Parties to the Agreement

1.1. Seller Information

1.2. Buyer Information

Article 2 – Subject of the Agreement

2.1.

The subject of this Distance Sales Agreement, hereinafter referred to briefly as the “Agreement”, is to determine, in accordance with the provisions of the Law on the Protection of Consumers No. 6502 and the Regulation on Distance Contracts, the sale of the product/products whose characteristics and sales price are specified on the website www.kalderabal.com, owned by the SELLER, hereinafter referred to briefly as the “Website”, and in this Agreement, by way of electronic order placed by the BUYER; the payment of the sales price; the delivery of the product/products; the other rights and obligations of the Parties; and the methods for resolving disputes arising from this Agreement.

2.2.

The BUYER accepts and declares, in accordance with the provisions of this Agreement, that they have been informed of the basic characteristics of the goods or services subject to sale, the sales price, payment method, delivery conditions, all preliminary information regarding the goods or services subject to sale, and the right of withdrawal; that they have confirmed such preliminary information electronically; and that they subsequently placed an order for the goods or services.

The preliminary information form and invoice available on the payment page of www.kalderabal.com constitute integral parts of this Agreement.

Article 3 – Products and Services Subject to the Agreement

The basic characteristics and details of the products and services ordered by the BUYER, their cash sales prices including taxes, and quantity information are specified below. All products listed in the table below shall hereinafter be referred to as the “PRODUCT”.

Article 4 – Delivery of Products

4.1.

The PRODUCT shall be delivered, together with its invoice, packaged and in sound condition, to the delivery address specified by the BUYER on the Website or to the person/organization at the address indicated by the BUYER, within a maximum period of 30 (thirty) days.

4.2.

Even if the BUYER or a person authorized by the BUYER to receive the delivery is not present at the delivery address at the time of delivery, the SELLER shall be deemed to have fulfilled its obligation fully and completely. Therefore, the SELLER cannot be held responsible for any loss, damage, or expenses arising from the BUYER’s late receipt and/or failure to receive the product.

4.3.

The BUYER is obliged to inspect the PRODUCT at the time of delivery and, if they notice any issue with the PRODUCT arising from shipment, to refuse delivery of the PRODUCT and have a damage report issued by the cargo company representative. Otherwise, the SELLER shall not accept any liability. For product/products determined to be damaged during delivery, a report must be prepared together with the cargo company representative.

4.4.

In order for the product/products subject to this Agreement to be delivered, this Agreement must have been electronically approved and the sales price must have been paid through the payment method preferred by the BUYER. If, for any reason, the price of the product/products is not paid or the payment is canceled by the bank, the BUYER accepts, declares, and undertakes that the SELLER has the right to refrain from delivering the product/products without incurring any liability.

Article 5 – Payment Method

5.1.

The BUYER selects the payment method for the PRODUCT through the payment screen available on the Website.

5.2.

Before confirming the order, the BUYER accepts and declares that they have been clearly and comprehensibly informed by the SELLER under this Agreement that placing the order entails an obligation to pay.

5.3.

In order for the BUYER to make payment by credit card, the BUYER must enter the credit card information completely and accurately in the relevant section. Payment by credit card may be made as a single payment, or, within the scope of campaigns, as deferred payment by dividing the amount into a number of installments determined under such campaigns. In installment transactions, the relevant provisions of the agreement signed between the BUYER and the Bank shall apply.

5.4.

If, on the date the BUYER orders the product/products, there is any campaign, discount, or similar practice duly announced by the SELLER in accordance with the applicable legislation and stated to be valid for distance sales, such practice shall also apply to the BUYER’s order, provided that the BUYER meets the campaign conditions.

5.5.

The provision of various installment payment options within the scope of campaigns offered by the bank with which the BUYER works is not at the discretion of the SELLER.

5.6.

The delivery fee is not included in the price of the product/products and shall be added to the price payable by the BUYER. The BUYER shall pay the price of the product/products together with the delivery fee and any additional expenses, if any. The delivery fee and any additional expenses, if applicable, are shown in the table under Article 3.

Article 6 – General Provisions

6.1.

The BUYER accepts, declares, and undertakes that they have read and obtained information regarding the basic characteristics, sales price, payment method, and preliminary delivery information of the products displayed on the Website, and that they have provided the necessary electronic confirmation for the sale.

6.2.

By confirming this Agreement electronically, the BUYER confirms that, prior to the execution of distance contracts, they have accurately and completely obtained the address required to be provided to the consumer by the SELLER, the basic characteristics of the products ordered, the unit price of the products including taxes, and payment and delivery information.

6.3.

The SELLER is responsible for delivering the product subject to the Agreement in sound and complete condition and in accordance with the specifications stated in the order. No shipping restriction applies with respect to the stated delivery obligation.

6.4.

If the fulfillment of the product or service subject to the order becomes impossible and the SELLER is unable to fulfill its contractual obligations, the SELLER shall notify the consumer within the statutory period regarding its inability to perform the obligation arising from the Agreement and may, subject to the BUYER’s approval, supply a different product of equal quality and price. If the BUYER does not make such a request, the collected amount shall be refunded to the BUYER within the statutory period.

6.5.

For the delivery of the PRODUCT subject to the Agreement, the product order process must be completed and the price must be paid using the payment method preferred by the BUYER. If, for any reason, the product price is not paid or the payment/collection is canceled in the bank records for any reason, the SELLER shall be deemed released from its obligation to deliver the product.

6.6.

The BUYER accepts, declares, and undertakes that persons under the age of 18 may not make purchases through the Website, even if products intended for children are offered for sale, and that the SELLER shall not be held liable in any way for damages incurred by third parties due to product orders placed in violation of this rule. If the SELLER determines that this article has been violated, the SELLER reserves the right to cancel the order and terminate the Agreement.

6.7.

If, after delivery of the PRODUCT, the bank/financial institution to which the credit card used in the transaction belongs fails to pay the PRODUCT price to the SELLER for any reason, the PRODUCT shall be returned by the BUYER to the SELLER within no later than 3 (three) days, with all expenses borne by the BUYER. All other contractual and legal rights of the SELLER, including the right to pursue collection of the PRODUCT price, are reserved in all cases.

6.8.

Events that do not exist and are unforeseeable as of the signing date of the Agreement, that develop beyond the control of the Parties, and that make it impossible for either or both Parties to partially or fully fulfill their debts and responsibilities under the Agreement, or to fulfill them on time, shall be considered force majeure events.

If the SELLER is unable to deliver the product/products specified in the Agreement within the statutory period of 30 (thirty) days due to force majeure events, including but not limited to natural disasters, fire, explosions, civil wars, wars, uprisings, public movements, declaration of mobilization, strikes, lockouts, epidemics, issues arising from internet systems or internet service providers, acts and procedures of competent authorities, depletion of stocks, commercial impossibilities, adverse weather conditions preventing transportation, or interruption of transportation, the SELLER is obliged to notify the BUYER of the situation.

In such case, the BUYER may exercise one of the following rights: cancellation of the order, replacement of the product/products subject to the Agreement with an equivalent product, if available, and/or postponement of the delivery period until the obstructing situation is eliminated. If the BUYER cancels the order, the amount paid shall be refunded to the BUYER within 14 (fourteen) days.

6.9.

The BUYER may submit complaints under this Agreement through Customer Services, whose contact information is available on the Website, or directly to the SELLER through the contact addresses specified above.

6.10.

The SELLER reserves the right to cancel purchases made through the Website for the same product in quantities exceeding the BUYER’s personal needs. In purchases exceeding the BUYER’s personal needs and considered wholesale in nature, if the purchased quantity exceeds 10 (ten) units of the product, the SELLER reserves the right to cancel the order entirely or to send only 10 (ten) units, which it considers the retail purchase limit.

6.11.

The SELLER may use, store, or process information requested during the shopping process, such as name and surname, phone number, Turkish Republic Identity Number, address, email address, and date of birth, also outside the purposes and scope determined under this Agreement, where necessary to contact the BUYER.

Personal Data may also be transferred to companies with which the SELLER cooperates, and may be processed and used by such companies, for the purposes of improving the SELLER’s processes, conducting research, creating databases, conducting market research, and carrying out communication/marketing activities. The BUYER declares and accepts that they explicitly consent, within the scope of the Personal Data Protection Law No. 6698, to the transfer, processing, and storage of members’ personal data by real and/or legal persons with whom the SELLER cooperates for the purposes specified above.

The BUYER has the right, at any time, by applying to the SELLER as the Data Controller within the scope of the Law, to learn whether their personal data is being processed; to request information regarding such processed personal data, if any; to learn the purpose of processing personal data and whether such data is used in accordance with its purpose; to know the third parties to whom their personal data has been transferred; to request correction of errors in their personal data and, if such data has been transferred, to request that such correction be communicated to the relevant third party; to request the deletion, destruction, or anonymization of personal data if the reasons requiring its processing cease to exist and, if such data has been transferred, to request that this request be communicated to the third party to whom it was transferred; to object to the occurrence of any unfavorable result against the person as a result of the processed data; and to claim compensation within the framework of the law if they suffer damage due to unlawful processing of personal data.

Article 7 – Right of Withdrawal

7.1.

The SELLER accepts and declares that the BUYER has the right to withdraw from the Agreement by rejecting the PRODUCT within 14 (fourteen) days from the date on which the BUYER or the third party designated by the BUYER receives the PRODUCT, without assuming any legal or criminal liability and without providing any justification.

7.2.

The BUYER may exercise the right of withdrawal granted under the applicable legislation within 14 (fourteen) days from the delivery of the product/products subject to the Agreement to the BUYER or to the person at the address specified by the BUYER. In order for the BUYER to exercise the right of withdrawal, the BUYER must notify the SELLER within this period in writing or verbally through customer services.

It is also required that the product/products are not among the products for which the right of withdrawal cannot be exercised under the Law on the Protection of Consumers No. 6502 and the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014, and that the product has not suffered any damage, other than ordinary use, that would prevent it from being offered for resale and has not been used in such manner.

7.3.

If this right is exercised, it is mandatory to return the original invoice together with a copy of the cargo delivery report showing that the PRODUCT delivered to the third party or the BUYER has been sent to the SELLER. The SELLER shall refund all amounts collected, including delivery costs to the BUYER, if any, within 14 (fourteen) days from the date on which the notification regarding the exercise of the right of withdrawal reaches the SELLER.

All refunds to be made by the SELLER within this scope shall be made in a single payment and in accordance with the payment instrument used by the BUYER when purchasing the PRODUCT. Accordingly, in payments made by credit card, the refund shall also be made to the BUYER’s credit card.

7.4.

The BUYER shall not be able to exercise the right of withdrawal in the following contracts and similar contracts, without limitation, together with the matters regulated under the Regulation on Distance Contracts:

• Contracts concerning goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the SELLER or the provider,
• Contracts concerning goods prepared in line with the BUYER’s requests or personal needs,
• Contracts concerning the delivery of goods whose protective elements such as packaging, tape, seal, or package have been opened after delivery and whose return is not suitable for health and hygiene reasons,
• Contracts concerning goods that are mixed with other products after delivery and cannot be separated by their nature,
• Contracts concerning services whose performance has begun with the consumer’s approval before the expiration of the right of withdrawal period.

7.5.

The BUYER is obliged to return the goods to the product return address specified in Article 1, so that they reach the SELLER within 14 (fourteen) days from the date on which the BUYER submits the notification regarding the exercise of the right of withdrawal.

7.6.

The BUYER accepts, declares, and undertakes that if they request a refund for payments made by credit card, the refund shall not be made in cash. In the event that the right of withdrawal is exercised, the price of the product/products and shipping costs shall be refunded to the BUYER, in accordance with the payment instrument used by the BUYER at the time of purchase, within 14 (fourteen) days from the date on which the notification regarding the exercise of the right of withdrawal for the product/products reaches the SELLER.

If requested by the consumer, the return cost may be deducted from the price of the goods or services and delivery costs to be refunded to them. Refunds made to a credit card shall be carried out within the framework of the banks’ current refund procedures. In this context, where payment has been made in installments, the refund shall also be processed within the framework of the banks’ current procedures.

If the SELLER is unable to make the refund due to the BUYER’s credit card being canceled, replaced, and/or rendered unusable for any reason, the BUYER is obliged to apply to the SELLER in writing, together with the relevant documents obtained from the relevant bank, and collect the refund. In such case, the BUYER may not claim from the SELLER any delay damages, interest, or similar payment under any name whatsoever.

7.7.

Pursuant to tax legislation, if the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded. The shipping cost of the returned product shall be borne by the BUYER.

7.8.

The burden of proof regarding the exercise of the right of withdrawal belongs to the consumer.

Article 8 – Applicable Law and Resolution of Disputes

8.1.

In the resolution of any and all disputes that may arise from and/or in connection with this Agreement and/or its implementation, the SELLER’s records, including records kept in magnetic media such as computer and audio records, shall constitute conclusive evidence. Consumer Arbitration Committees shall have jurisdiction up to the value announced by the Ministry of Customs and Trade and in accordance with the relevant legislation, and Consumer Courts and Enforcement Offices located in the place of residence of the BUYER and the SELLER shall have jurisdiction for disputes exceeding such value.

8.2.

The BUYER declares, accepts, and undertakes that they have read all conditions and explanations set forth in this Agreement and in the preliminary information form, which forms an integral part of this Agreement; that they have received and reviewed all information regarding the sales conditions, the exercise of the right of withdrawal, and all other preliminary information; and that they accept all of them in full.

8.3.

Turkish Law shall apply to the implementation and interpretation of this Agreement and to any and all disputes arising from this Agreement.