ARTICLE 1 – PARTIES TO THE AGREEMENT:
Seller KYUNG CHANG ENDÜSTRİYEL
ADDRESS: Kavakpınar Mah. Tandoğan Cad. No:144/2 Pendik/İstanbul/TÜRKİYE
PHONE: 0 216 397 50 51
E-MAIL: info@kyungchang.com
Buyer Müşteri
ARTICLE 2 – SUBJECT MATTER OF THE AGREEMENT:
The subject matter of this agreement is the sale and delivery of goods/services that meet the specifications mentioned in the agreement and are sold at the price specified in the agreement, in relation to the goods/services ordered electronically by the Buyer from the www.kyungchang. com.tr website, the sale and delivery of the goods/services specified in the agreement with the characteristics mentioned in the agreement and at the sales price specified in the agreement, and the determination of the rights and obligations of the parties in accordance with the provisions of Law No. 4077 on the Protection of Consumers and the Regulation on the Implementation Principles and Procedures of Distance Contracts. The Buyer acknowledges and declares that they are aware of all preliminary information regarding the goods/services subject to sale, such as their basic characteristics, sales price, payment method, delivery conditions, etc., as well as their "right of withdrawal," that they have confirmed this preliminary information electronically, and that they have subsequently ordered the goods/services in accordance with the provisions of this contract. The preliminary information and invoice on the payment page of the www.kyungchang.com.tr website are integral parts of this agreement.
ARTICLE 3 – CONTRACT DATE:
This contract, previously signed by the seller in two copies, has been signed and accepted by the buyer on ... and one copy will be sent to the buyer's email address.
ARTICLE 4 – DELIVERY OF GOODS/SERVICES, PLACE OF PERFORMANCE OF THE AGREEMENT, AND DELIVERY METHOD:
The goods/services will be delivered to … at the address specified by the buyer.
ARTICLE 5 – DELIVERY COSTS AND PERFORMANCE:
Shipping costs are borne by the buyer. If the seller has stated on the website that shipping costs will be covered by the seller for purchases above the advertised amount or that free shipping will be provided as part of a promotion, the shipping costs are borne by the seller. Delivery is made as soon as possible after the stock is available and the goods price is transferred to the seller's account. The seller shall deliver the goods/services within 30 (thirty) days of the order and reserves the right to extend this period by an additional 10 (ten) days with written notification. If, for any reason, the goods/services are not paid for or are canceled in the bank records, the seller shall be deemed to be released from the obligation to deliver the goods/services.
ARTICLE 6 – BUYER'S DECLARATIONS AND COMMITMENTS:
The buyer shall inspect the goods/services subject to the contract before accepting delivery; the buyer shall not accept delivery of damaged or defective goods/services, such as those that are dented, broken, or have torn packaging, from the shipping company. The goods/services received shall be deemed to be undamaged and in good condition. After delivery, the buyer shall be responsible for carefully protecting the goods/services. If the right of withdrawal is exercised, the goods/services must not be used. The invoice must be returned. If, after delivery of the goods/services, the bank or financial institution fails to pay the seller the price of the goods/services due to the unauthorized, unjust, or unlawful use of the buyer's credit card by unauthorized persons through no fault of the buyer, the Buyer shall be obliged to send the goods/services to the seller within 3 (Three) days. In this case, the delivery costs shall be borne by the buyer.
ARTICLE 7 – SELLER'S DECLARATIONS AND WARRANTIES:
The seller is responsible for delivering the goods/services covered by the contract in good condition, complete, in accordance with the specifications stated in the order, and with any warranty documents and user manuals, if applicable. If the goods/services covered by the contract are to be delivered to a person/entity other than the buyer, the seller cannot be held responsible if the person/entity to whom the delivery is made refuses to accept the delivery. The seller shall refund the price of the goods/services and return any valuable documents, if any, within 10 (ten) days after receiving the notice of withdrawal. The goods/services shall be returned within 20 (twenty) days. The seller may, for valid reasons, supply the buyer with goods/services of equal quality and price before the performance period specified in the contract expires. If the seller believes that the performance of the goods/services has become impossible, they shall notify the buyer before the performance period specified in the contract expires. The price paid and any documents shall be returned within 10 (ten) days. Goods/services that are defective or faulty, whether sold with or without a warranty certificate, may be sent to the seller for necessary repairs within the warranty conditions, in which case the delivery costs will be covered by the seller.
ARTICLE 8 – CHARACTERISTICS OF THE GOODS/SERVICES SUBJECT TO THE AGREEMENT:
The type and category of the goods/services, their quantity, brand/model, color, and sales price including all taxes are as specified in the information on the goods/services presentation page on the website www.kyungchang.com.tr and in the invoice, which is considered an integral part of this agreement.
ARTICLE 9 – CASH PRICE OF GOODS/SERVICES:
The cash price of the goods/services is included in the sample invoice sent by email at the end of the order and in the invoice sent to the customer with the product.
ARTICLE 10 – FUTURES PRICE:
The price of the goods/services according to the payment term is included in the sample invoice sent by email at the end of the order and in the invoice sent to the customer with the product.
ARTICLE 11 – INTEREST:
It cannot exceed the interest rate determined by the Government of the Republic of Turkey each year, and in any case cannot exceed 30%. The buyer is responsible to the bank they work with.
ARTICLE 12 – DOWN PAYMENT AMOUNT:
The down payment amount for the goods/services is included in the sample invoice sent by email at the end of the order and in the invoice sent to the customer along with the product.
ARTICLE 13 – PAYMENT PLAN:
If the buyer makes a purchase with a credit card and in installments, the installment plan selected on the website applies. In installment transactions, the relevant provisions of the agreement signed between the buyer and the cardholder's bank apply. The credit card payment date is determined according to the terms of the agreement between the bank and the buyer. The buyer can also track the number of installments and payments from the account statement sent by the bank.
ARTICLE 14 – RIGHT OF WITHDRAWAL:
The buyer may exercise their right of withdrawal within 7 (seven) days from the delivery of the goods/services covered by the contract to themselves or to the person/entity at the address they have indicated. To exercise the right of withdrawal, the buyer must notify the seller's customer service department by email or telephone within the same period and the goods/services must be unused in accordance with the provisions of Article 15 and the preliminary information published on the www.kyungchang.com.tr website, which is an integral part of this contract. If this right is exercised, the original invoice for the goods/services delivered to a third party or the buyer must be returned. The price of the goods/services shall be refunded to the buyer within 7 days of receipt of the notice of withdrawal, and the goods/services shall be returned within 20 (twenty) days. If the original invoice is not sent, VAT and any other legal obligations cannot be refunded to the buyer. The delivery cost of the goods/services returned due to the right of withdrawal shall be borne by the seller.
ARTICLE 15 – GOODS/SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED:
Goods/services that cannot be returned due to their nature, goods/services that spoil quickly and have passed their expiration date, single-use goods/services, hygienic goods/services, and any type of copyable software and programs. Furthermore, for all types of software and programs, various media (DVD, CD, etc.), computer and stationery consumables (toner, cartridges, ribbons, etc.), and cosmetic products, the right of withdrawal can only be exercised if the goods/services are unopened, undamaged, and unused. Furthermore, products ordered by the customer with a specific color selection cannot be returned.
ARTICLE 16 – DEFAULT AND LEGAL CONSEQUENCES:
If the buyer defaults on transactions made with a credit card, they will be liable to pay interest to the card-issuing bank under the terms of the credit card agreement and will be responsible to the bank. In this case, the relevant bank may take legal action; it may claim the resulting expenses and attorney's fees from the buyer and, in any case, if the buyer defaults on their debt, the buyer agrees to pay the seller's damages and losses incurred due to the delayed performance of the debt.
ARTICLE 17 – COMPETENT COURT:
In disputes arising from this contract, Consumer Arbitration Boards shall have jurisdiction up to the value announced by the Ministry of Industry and Trade, Consumer Courts shall have jurisdiction above the specified value, and in places where these are not available, the Civil Courts of First Instance shall have jurisdiction.
