ARTICLE 1 - PARTIES
Title: Kıvırcık Plastik San. and Foreign. Trade Ltd. Sti.
Address: Ahi Evran OSB Mah. Ural CD. No:11-A Sincan / Ankara
Phone: 0312 385 92 75
E-mail address: firstname.lastname@example.org
Product return address: Ahi Evran OSB Mah. Ural CD. No:11-A Sincan / Ankara
Name and surname:
ARTICLE 2 - SUBJECT
The subject of this contract is the BUYER's Kıvırcık Plastik San. and Foreign. Trade Ltd. Şti. (hereinafter referred to as Kıvırcık Plastik in this Agreement) www.kivircikpaspas.com.tr (“Internet Site”) or Kıvırcık Matpas It is the determination of the rights and obligations of the BUYER and the SELLER who will deliver the product/service regarding the supply of the product/service, whose qualifications and sales price are specified below, which he/she orders from the mobile application (“Application”) electronically.
ARTICLE 3 - CONTRACTING PRODUCT
Type and Type, Quantity, Brand/Model, Color and Sales Price and Delivery Information of the Products are as follows.
Price Including VAT
Order Processing and shipping fees
Payment Method: Credit Card
Total (VAT Included):
ARTICLE 4 - GENERAL PROVISIONS
The parties to this Agreement have decided to perform the product detailed above within the framework of the agreed terms. In this context, the parties Kıvırcık Plastik San. and Foreign. Trade Ltd. Sti.
(hereinafter referred to as Kıvırcık Plastik in this Agreement), Kıvırcık Plastik has the title of intermediary service provider and location provider in transactions realized through the Internet Site or Kıvırcık Mats mobile application. They accept and undertake that Kıvırcık Plastik cannot be held responsible under any circumstances.
The conclusion of this contract will not prevent the performance of the provisions of the Seller and User contracts that the parties have individually signed while becoming a member of Kıvırcık Plastik. They accept and declare that they do not have any responsibility and commitment regarding
The BUYER, as stated on the Website, states that the basic characteristics of the product/service subject to the contract, the sales price including all taxes, the method of payment and delivery and the costs of this shall be borne by the BUYER, the delivery period and the full trade name, full address and contact information of the SELLER. declares that he has read the preliminary information and given the necessary confirmation in electronic environment.
Kıvırcık Plastik, as a result of breach of contract, tort, negligence or other reasons; does not accept any responsibility for interruption of the transaction, error, negligence, interruption, deletion, loss, delay of the transaction or communication, computer virus, malfunctions in the telecommunication lines, communication error, theft, destruction or unauthorized entry, modification or use of the records.
The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated, within the period specified in the preliminary information on the Website, depending on the distance of the BUYER's place of residence for each product. Any shipping/delivery fee related to the delivery shown in Article 3 will be borne by the BUYER and will be reflected under the name of "Shipping Fee" for his order.
If the product/service(s) subject to the contract will be delivered or provided to a person/organization other than the BUYER, Kıvırcık Plastik, the SELLER or the carrier cannot be held responsible for the failure of the person/organization to be delivered/provided to accept the delivery/benefit and for any damages that may arise from this.
The SELLER cannot be held responsible for the damages that may arise due to the errors and omissions of the cargo company responsible for the shipping process during the delivery of the product(s) to the BUYER and/or the failure to deliver them to the BUYER.
If the SELLER cannot deliver the product subject to the contract in due time due to force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, it is obliged to notify the BUYER. In this case, if the BUYER cancels the order, the amount paid shall be paid to him within 14 (fourteen) days in accordance with the payment instrument used while purchasing the product(s). Since the reflection of this amount on the BUYER's accounts after the return to the bank is completely related to the bank transaction process, the BUYER will not be able to intervene in any way for the possible delays and it may take an average of 2 to 3 weeks for the amount returned by the SELLER to the credit card to be reflected to the BUYER's account by the bank. accepts.
The personal information of the BUYER can only be disclosed to official authorities if this information is duly requested by the official authorities and in cases where it is obliged to make a statement to the official authorities in accordance with the provisions of the applicable mandatory legislation.
Regarding the unfair or unlawful use of the BUYER's credit card, debit card, debit card and other payment systems offered on the Website and Mobile Application by unauthorized persons after the delivery of the product(s), not due to the BUYER's fault. If the bank or financial institution does not pay the price of the product to the SELLER or Kıvırcık Plastik, the BUYER must return the relevant product to the SELLER or Kıvırcık Plastik within 3 (three) days, provided that it has been delivered to him. Otherwise, the BUYER accepts and undertakes that any legal action will be taken against him.
Kıvırcık Plastik has the right to request all kinds of information and documents from the BUYER, including visual tools that will confirm the identity and credit card information, if the transaction regarding the relevant amount cannot be performed due to 3 (three) incorrect password entries in the purchases made by the BUYER with a credit card. has. In the event that this information and documents are not provided by the BUYER, provided incompletely or the information and documents provided and the order information do not match, the SELLER has the right to cancel the relevant order immediately and without any liability and compensation.
The SELLER declares that the organizations that make promises to third parties, such as all kinds of prize competitions and sweepstakes, which it will organize independently and exclusively, by giving its award over the platform, are in compliance with the relevant legislation, and if necessary, permissions have been obtained from the relevant institutions, especially the General Directorate of National Lottery. The SELLER accepts, declares and undertakes that it is the sole authority of the organizations to be held within this scope and that it will be held exclusively responsible for all damages incurred by the Platform.
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 mistake, all orders placed according to this incorrect price have the right to be canceled by the SELLER or Kıvırcık Plastik. The BUYER accepts and declares that he will not make any rights or claims due to an obvious mistake in such a case.
The BUYER accepts and declares that the price of the product will be transferred to the SELLER by Kıvırcık Plastik, if he approves it on the Internet Site within 48 (forty-eight) hours from the delivery of the product, the qualifications of which are specified in Article 3.
ARTICLE 5 - RIGHT OF REFUND AND WITHDRAWAL
The BUYER is obliged to examine whether the product(s) comply with the specifications set forth in this contract within 48 (forty-eight) hours from the delivery of the product(s) and to notify the unsuitable issues on the Website. If no notification is made by the BUYER or if the product(s) comply with the specifications specified in this contract, the price of the product(s) will be transferred to the SELLER.
As a result of the examination to be carried out by the BUYER in accordance with Article 5.1, if a product contrary to the specifications specified in this contract is detected and this issue is reported on the Internet Site within 48 (forty eight) hours, the relevant product will be examined by the SELLER or Kıvırcık Plastik at the address stated by the BUYER in the order and the BUYER will If the declaration of non-compliance is accepted, the product will be returned to the SELLER and the price paid by the BUYER will be returned to the BUYER by analogy with the provision of Article 4.10.
The BUYER has no right to return, except that the product(s) do not comply with the specifications specified in the contract and in any case, in case of notification of non-compliance within 48 (forty-eight) hours.
In addition to the regulation specified in 5.1, 5.2 and 5.3. above, limited only to the scope listed in this article, the SELLER's being within the scope of the 'seller' definition within the scope of Article 3(1) of the Consumer Protection Law No. 6502 and within the scope of this contract. If the product sold is new and/or a product with an ongoing warranty period, the BUYER shall have the following right of withdrawal:
The BUYER has the right to withdraw without having to show any reason within 14 (fourteen) days from the delivery of the product(s) subject to the contract to himself or the person/organization at the notified address. In case the right of withdrawal is exercised, the returned products must be returned with the courier company agreed by the SELLER and announced to its customers on the website. The costs arising from the use of the right of withdrawal belong to the SELLER in case the product(s) are returned with the SELLER's contracted cargo company.
In order to exercise the right of withdrawal, a notification must be made by fax, telephone or e-mail within 14 (fourteen) days, and the product must be suitable for the use of the right of withdrawal within the framework of the provisions of Article 6 and be able to be offered for sale again by the SELLER. If this right is exercised,
The invoice of the product delivered to the third party or the BUYER, (the corporate invoice for the product to be returned has been issued, it must be sent together with the return invoice issued by the institution when returning the product. Order returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued),
Within 10 (ten) days from the notification of the right of withdrawal, the products to be returned must be delivered to the SELLER's product return address specified in the first article, complete and undamaged, together with the box, packaging, standard accessories, if any. The SELLER shall return all payments made within the scope of the product to the BUYER within 14 (fourteen) days from the date on which the BUYER's right of withdrawal notification is received.
When returning the product to the SELLER, the original invoice submitted to the BUYER during the delivery of the product (in order to ensure consistency in the accounting records) must also be returned. On the invoice to be returned with the product, the phrase "return invoice" will be written and signed by the BUYER. If the invoice is not sent to the SELLER together with the product or within 5 (five) days from the delivery of the product at the latest, no refund will be made and the product will be sent back to the BUYER with a counter-payment.
ARTICLE 6 - PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
If the BUYER has the right of withdrawal within the scope of Article 5.4 of this contract, the BUYER cannot use the right of withdrawal for the following products within the framework of Article 15 of the Distance Contracts Regulation published in the Official Gazette on 27.11.2014:
Products related to goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the SELLER or the provider.
Products related to the goods prepared in line with the wishes or personal needs of the BUYER.
Products related to the delivery of perishable or expired goods.
From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Products related to the delivery of those whose return is not suitable in terms of health and hygiene.
Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
Products related to books, digital content and computer consumables offered in the material environment if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
Products related to the delivery of periodicals such as newspapers and magazines, other than those provided under the subscription agreement.
Products related to accommodation, transportation, car rental, food and beverage supply, and leisure time for entertainment or rest, which must be done on a certain date or period.
Services performed instantly in the electronic environment or products related to intangible goods delivered instantly to the BUYER.
Products related to services that are started to be performed with the approval of the BUYER before the expiry of the right of withdrawal.
ARTICLE 7 - AUTHORIZED COURT
If the SELLER falls within the scope specified in Article 5.4 of this contract, the BUYER shall submit its applications regarding complaints and objections within the monetary limits determined by the Ministry of Customs and Trade in December every year, in the province and district where the BUYER purchased the goods or services or where the residence is located. It can make it to the Arbitration Committee or the Consumer Court. In other cases, the hostility between the BUYER and the SELLER will be resolved by the competent and authorized courts in accordance with the relevant legislation.