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Distance Selling Agreement

 

1.PARTIES

This Agreement is signed between the following parties under the terms and conditions specified below.

A. 'BUYER'; (hereinafter referred to as the "BUYER")

B. 'Kalif Architecture Engineering Project Construction Contracting Production Import Export and Industry Ltd. Co.'; (hereinafter referred to as "KALIF DESIGN")

NAME-SURNAME:

ADDRESS:

By accepting this agreement, the BUYER agrees in advance that if the order is approved, they will be obliged to pay the price of the order and any additional fees such as shipping fees and taxes, if any, and that they have been informed about this.

2.DEFINITIONS

In the implementation and interpretation of this agreement, the following terms shall have the meanings assigned to them below.

MINISTER: Refers to the Minister of Customs and Trade,

MINISTRY: Refers to the Ministry of Customs and Trade,

LAW: Refers to the Law on the Protection of Consumers numbered 6502,

REGULATION: Refers to the Regulation on Distance Contracts (OG:27.11.2014/29188),

SERVICE: Refers to any consumer transaction other than providing goods, performed or committed to be performed in return for a fee or benefit,

KALIF DESIGN: Refers to the company that offers goods to consumers within the scope of commercial or professional activities or acts on behalf of or on account of the provider of goods,

BUYER: Refers to the real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,

SITE: Refers to the website belonging to KALIF DESIGN,

ORDER PLACER: Refers to the real or legal person who requests a good or service through the website of KALIF DESIGN,

PARTIES: Refers to KALIF DESIGN and the BUYER,

AGREEMENT: Refers to this agreement concluded between KALIF DESIGN and the BUYER,

GOOD: Refers to the movable property subject to shopping and intangible goods prepared for use in the electronic environment, such as software, sound, image, and similar.

3.SUBJECT

This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers No. 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the product, the specifications and sale price of which are stated below, ordered electronically by the BUYER via the website of KALIF DESIGN.

The listed and announced prices on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. The prices announced for a specific period are valid until the end of the specified period.

4. KALIF DESIGN INFORMATION

Title: Kalif Architecture Engineering Project Construction Contracting Production Import Export and Industry Ltd. Co.

Address: Gülsuyu Mah. Kelebek Sok. No: 6. Maltepe / Istanbul.

Phone: +90 (506) 384 94 53

Email: info@kalifshop.com.tr

5. BUYER INFORMATION

Recipient:

Delivery Address

Phone

Fax

Email/Username

 

6. INFORMATION ON THE PRODUCT/PRODUCTS SUBJECT TO THE AGREEMENT

6.1. The main features of the goods/products/services (type, quantity, brand/model, color, quantity) are published on the website of KALIF DESIGN. If a campaign is organized by the seller, you can review the main features of the relevant product during the campaign period. It is valid until the campaign date.

6.2. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. The prices announced for a specific period are valid until the end of the specified period.

6.3. The total sales price of the goods or services, including all taxes, is shown below.

Product Description  Quantity  Unit Price  Subtotal

(Including VAT)

Shipping Cost

Total:

Payment Method and Plan

Delivery Address

Recipient

Billing Address

Order Date

Delivery Date

Delivery Method

6.4. The shipping cost, which is the product shipment fee, will be paid by the BUYER.

7. INVOICE INFORMATION

Name/Surname/Title

Address

Phone

Fax

Email/Username

Invoice delivery: The invoice will be delivered to the invoice address along with the order during the delivery of the order.

8. RULES REGARDING SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS, AND INTELLECTUAL-INDUSTRIAL RIGHTS

The privacy rules-policy and conditions specified below are applicable to the protection, privacy, processing-use of information, communications, and other matters on the WEBSITE.

8.1.Necessary measures for the security of the information and transactions entered by the BUYER on the WEBSITE have been taken in the system infrastructure of KALIF DESIGN according to the nature of the information and transaction, to the extent of current technical possibilities. However, since these pieces of information are entered from the BUYER's device, it is the responsibility of the BUYER to protect them and prevent access by unrelated persons, including taking necessary measures against viruses and similar harmful applications.

8.2. In addition to the consent-approval given by the BUYER for personal data and commercial electronic communications, and as confirmation; the information obtained during the BUYER's membership and shopping on the WEBSITE can be recorded indefinitely or for the time they foresee by KALIF DESIGN for the provision of various products/services and for all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card, and membership applications, and can be stored in printed/magnetic archives, updated when necessary, shared, transferred, and used in other ways. These data can also be communicated to the relevant Authority and Courts when required by law. The BUYER has consented and permitted the use, sharing, processing of their existing and new personal and non-personal information in accordance with the legislation on the protection of personal data and electronic commerce legislation, and to receive commercial and non-commercial electronic communications and other communications.

8.3. The BUYER can always stop the data usage-processing and/or communications by contacting KALIF DESIGN through the specified communication channels or by using the right to reject in the electronic communications sent to them. According to the BUYER's explicit notification, personal data transactions and/or communications to them are stopped within the legal maximum period; if they wish, the information is deleted from the data recording system or anonymized, except for those that are legally required to be preserved and/or are possible. The BUYER can always contact KALIF DESIGN through the above communication channels and obtain information regarding the processing of their personal data, the transferred persons, correction if incomplete or incorrect, notification of corrected information to relevant third parties, deletion or destruction of data, objection to the emergence of a result against them by analyzing the data through automatic systems, and compensation for damage if they suffer due to the unlawful processing of data. Such applications and requests will be fulfilled within legal maximum periods or will be explained to the BUYER with a legal reason if not accepted.

8.4. All intellectual-industrial rights and property rights of all kinds of information and content on the WEBSITE and their arrangement, revision, and partial/complete use belong to KALIF DESIGN, except for those owned by other third parties as per the agreement of KALIF DESIGN.

8.5. KALIF DESIGN reserves the right to make any changes it deems necessary in the above matters; these changes become effective from the moment they are announced by KALIF DESIGN on the WEBSITE or through other appropriate methods.

8.6. The privacy-security policies and terms of use of the other sites accessed through the WEBSITE are valid, and KALIF DESIGN is not responsible for any disputes and negative consequences that may arise.

9. GENERAL PROVISIONS

9.1. The BUYER acknowledges, declares, and undertakes that they have read and are informed about the preliminary information regarding the basic characteristics, sales price, payment method, and delivery of the product subject to the agreement on KALIF DESIGN's website, and have provided the necessary confirmation in electronic form. The BUYER acknowledges, declares, and undertakes that by confirming the Preliminary Information electronically, they have received the correct and complete address, main features of the ordered products, price including taxes, and payment and delivery information to be provided by KALIF DESIGN to the BUYER before the conclusion of the distance sales agreement.

9.2. Each product subject to the agreement is delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance to the BUYER's place of residence, not exceeding the legal 30-day period. In the event that the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the agreement.

9.3. KALIF DESIGN acknowledges, declares, and undertakes to deliver the product subject to the agreement completely, in accordance with the specifications specified in the order, and with the necessary documents such as warranty certificates and user manuals, if any, free from any defects, in accordance with the requirements of the legal regulations, to maintain and improve the service quality, to perform the work with the principles of accuracy and honesty, to show the necessary attention and care during the performance of the work, and to act with caution and foresight.

9.4. KALIF DESIGN may supply a different product of equal quality and price, by informing the BUYER and obtaining their explicit approval, before the expiration of the performance obligation arising from the agreement.

9.5. In the event that the fulfillment of the order becomes impossible, if KALIF DESIGN cannot fulfill the contractual obligations, it acknowledges, declares, and undertakes that it will notify the consumer of this situation in writing within 3 days from the date of learning and will refund the total amount to the BUYER within 14 days.

9.6. The BUYER acknowledges, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the agreement, and in case the product price is not paid for any reason and/or is canceled in the bank records, KALIF DESIGN's obligation to deliver the product subject to the agreement will terminate.

9.7. The BUYER acknowledges, declares, and undertakes that in the event that the product subject to the agreement is delivered to the BUYER or the person/organization at the address indicated by the BUYER after the delivery, if the product price is not paid to KALIF DESIGN by the relevant bank or financial institution due to unauthorized use of the BUYER's credit card by unauthorized persons, the BUYER will return the product subject to the agreement to KALIF DESIGN within 3 days with the shipping costs borne by KALIF DESIGN.

9.8. KALIF DESIGN acknowledges, declares, and undertakes that if it cannot deliver the product subject to the agreement on time due to force majeure events such as unforeseen and unavoidable circumstances that prevent or delay the parties from fulfilling their obligations, it will notify the BUYER of this situation. The BUYER has the right to request the cancellation of the order, the replacement of the product subject to the agreement with an equivalent one, if any, and/or the postponement of the delivery period until the blocking situation is eliminated. In case the order is canceled by the BUYER, the payment made in cash will be refunded to them in cash and in full within 14 days. In the payments made by the BUYER with a credit card, the product amount will be returned to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER acknowledges, declares, and undertakes that the average process for the bank to reflect the amount returned by KALIF DESIGN to the BUYER's account may take 2 to 3 weeks, and since the reflection of this amount to the BUYER's accounts after the return to the bank is entirely related to the bank's transaction process, the BUYER cannot hold KALIF DESIGN responsible for possible delays.

9.9. KALIF DESIGN has the right to contact the BUYER for communication, marketing, notification, and other purposes via mail, email, SMS, phone call, and other means through the address, email address, fixed and mobile phone lines, and other contact information specified by the BUYER in the registration form on the site or updated by them later. By accepting this agreement, the BUYER acknowledges and declares that KALIF DESIGN can engage in the above-mentioned communication activities towards them.

9.10. The BUYER will inspect the goods/services subject to the agreement before receiving them; they will not receive the damaged and defective goods/services such as crushed, broken, torn packaging, etc. from the cargo company. The received goods/services will be deemed undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.

9.11. If the credit card holder used during the order is not the same person as the BUYER or if a security vulnerability related to the credit card used in the order is detected before the delivery of the product to the BUYER, KALIF DESIGN may request the BUYER to provide the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the bank of the cardholder confirming that the credit card belongs to them. The order will be frozen until the BUYER provides the requested information/documents, and if the aforementioned requests are not met within 24 hours, KALIF DESIGN has the right to cancel the order.

9.12. The BUYER acknowledges, declares, and undertakes that the personal and other information provided while becoming a member of KALIF DESIGN's website is true, and that they will immediately, in cash and in full, compensate all damages incurred by KALIF DESIGN due to the inaccuracy of this information, upon the first notification by KALIF DESIGN.

9.13. The BUYER agrees and undertakes to comply with the provisions of the legal regulations and not to violate them while using KALIF DESIGN's website. Otherwise, all legal and penal obligations that may arise will bind the BUYER exclusively and completely.

9.14. The BUYER cannot use the website in any way that disrupts public order, violates general morality, disturbs and harasses others, for an unlawful purpose, violates the material and moral rights of others. In addition, the member cannot engage in activities that prevent or make it difficult for others to use the services (spam, virus, Trojan horses, etc.).

9.15. Links to other websites and/or other content that are not under the control of KALIF DESIGN and/or owned and operated by other third parties may be provided through the website of KALIF DESIGN. These links are provided to facilitate navigation for the BUYER and do not support any website or the person who operates that site and do not constitute any guarantee regarding the information contained in the linked website.

9.16. The member who violates one or more of the articles listed in this agreement will be personally and criminally responsible for this violation and will keep KALIF DESIGN free from the legal and penal consequences of these violations. Additionally, in case of transfer of the incident to the legal field due to this violation, KALIF DESIGN reserves the right to claim compensation against the member for non-compliance with the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1. The BUYER has the right to withdraw from the contract without any legal or penal liability and without providing any reason within 14 (fourteen) days from the date of delivery of the product to the BUYER or to the person/organization at the address indicated, provided that they notify KALIF DESIGN. In distance contracts regarding the provision of services, this period begins from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the execution of the service has started with the consumer's approval before the withdrawal period ends. The costs arising from the exercise of the right of withdrawal are borne by KALIF DESIGN. By accepting this agreement, the BUYER acknowledges that they have been informed about the right of withdrawal.

10.2. To exercise the right of withdrawal, the BUYER must notify KALIF DESIGN in writing via registered mail with return receipt, fax, or email within 14 (fourteen) days and the product must be unused within the framework of the "Products for Which the Right of Withdrawal Cannot Be Used" provisions stipulated in this contract. In case this right is exercised,

a) The invoice of the product delivered to the 3rd party or the BUYER must be returned (If the product to be returned is invoiced to a corporate entity, the return invoice issued by the institution must be sent back along with the product. The return process for orders invoiced to institutions cannot be completed without issuing a RETURN INVOICE).

b) The return form,

c) The products to be returned must be delivered completely and without damage along with their box, packaging, and standard accessories, if any.

d) KALIF DESIGN is obliged to refund the total amount and return the documents that put the BUYER in debt to the BUYER within 10 days from the date it receives the withdrawal notification and to accept the return of the goods within 20 days.

e) If the value of the goods decreases due to a fault of the BUYER or if the return becomes impossible, the BUYER is liable to compensate KALIF DESIGN for the damages proportionately to their fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the goods or products within the right of withdrawal period.

f) If the withdrawal right is exercised and the campaign limit amount set by KALIF DESIGN is thus lowered, the discount amount enjoyed under the campaign is canceled.

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Products that are prepared in accordance with the BUYER's wishes or clearly in line with their personal needs, products that are not suitable for return, underwear bottoms, swimsuits and bikini bottoms, makeup materials, single-use products, goods that are in danger of deteriorating quickly or are likely to expire, products whose packaging has been opened by the BUYER after delivery and are not suitable for return due to health and hygiene reasons, products that are mixed with other products after delivery and whose nature makes them impossible to separate, goods related to periodicals such as newspapers and magazines, excluding those provided under a subscription agreement, services performed instantly in electronic environments or intangible goods delivered instantly to the consumer, and sound or video recordings, books, digital content, software programs, data recording and data storage devices, and computer consumables whose packaging has been opened by the BUYER cannot be returned as per the Regulation. Additionally, the right of withdrawal cannot be exercised for services initiated with the consumer's approval before the end of the withdrawal period, as per the Regulation.

For cosmetics and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery supplies (toner, cartridges, ribbons, etc.) to be eligible for return, their packaging must be unopened, untested, undamaged, and unused.

12. DEFAULT AND LEGAL CONSEQUENCES

In the event that the BUYER defaults on payment made by credit card, the BUYER acknowledges, declares, and undertakes that they will pay interest to the card-issuing bank and be liable to the bank within the framework of the credit card agreement between them. In this case, the relevant bank may resort to legal remedies; it may request expenses and attorney fees from the BUYER, and in any case where the BUYER defaults on their debt, the BUYER acknowledges, declares, and undertakes to compensate KALIF DESIGN for the damages incurred due to the delayed performance of the debt.

13. COMPETENT COURT

In disputes arising from this contract, complaints and objections shall be submitted to the consumer arbitration committee or consumer court where the consumer resides or where the consumer transaction is conducted, within the monetary limits specified in the Law.

14. EFFECTIVENESS

When the BUYER completes the payment for the order placed on the Site, they are deemed to have accepted all the terms of this contract. KALIF DESIGN is obliged to make the necessary software arrangements to ensure that this contract is read and accepted by the BUYER on the site before the order is placed.

KALIF DESIGN:

BUYER:

DATE: