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DISTANCE SALES AGREEMENT


  • PARTIES

This agreement is signed between KUDRA KIMYA SANAYI ve TICARET A.S. (hereinafter referred to as the "SELLER") and the CUSTOMER, under the terms and conditions specified below.

By accepting this agreement, the CUSTOMER acknowledges that upon confirming the order, they undertake the obligation to pay the order amount, additional charges such as shipping fees and taxes, if any, and that they have been informed in advance.


  • DEFINITIONS

In the implementation and interpretation of this agreement, the following terms shall represent the explanations provided next to them.

MINISTER: The Minister of Customs and Trade,

MINISTRY: The Ministry of Customs and Trade,

LAW: Law No. 6502 on Consumer Protection,

REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)

SERVICE: The subject of any consumer transaction made for a fee or benefit other than the provision of goods,

SELLER: The company providing goods to the consumer within the scope of commercial or professional activities or acting on behalf or account of the entity providing goods,

CUSTOMER: The natural or legal person acquiring, using, or benefiting from a product or service for non-commercial or professional purposes,

WEBSITE: The website owned by the SELLER,

ORDERER: The natural or legal person requesting a product or service through the SELLER's website,

PARTIES: The SELLER and the CUSTOMER,

CONTRACT: This agreement concluded between the SELLER and the CUSTOMER,

GOODS: The movable property subject to purchase and products such as COLOGNE, COLOGNE WIPES, PERFUME, AIR FRESHENERS, etc. prepared for use in electronic media.


  • SUBJECT

This agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts regarding the sale and delivery of the product ordered by the CUSTOMER through the SELLER's website.

The prices listed and announced on the website are the sales prices. The announced prices and promises are valid until updated and modified. Prices announced for a specific period are valid until the end of the specified period.


  • SELLER INFORMATION

Title: KUDRA KIMYA SANAYI VE TICARET A.S.

Address: Esenkent Mahallesi Iktibas Sokak No:6 Umraniye / Istanbul

Phone: 0530 012 12 12

Fax: 0312 543 44 55

Email: info@perfumeatelier.com.tr


  • GENERAL PROVISIONS

5.1. The CUSTOMER acknowledges, declares, and undertakes that they have read and informed themselves about the essential qualities of the product, the sales price, payment method, and preliminary information about delivery on the SELLER's website, and that they confirm these in electronic form. The CUSTOMER further acknowledges, declares, and undertakes that they have accurately and completely obtained the address to be given by the SELLER before the conclusion of the distance sales contract, the basic characteristics of the products ordered, the price of the products including taxes, payment, and delivery information.

5.2. Each product subject to the contract is delivered to the CUSTOMER or the person and/or organization at the address indicated by the CUSTOMER within the period specified on the website's SHIPPING AND RETURN CONDITIONS section, not exceeding the legal period of 30 days, depending on the distance of the CUSTOMER's residence. If the product cannot be delivered to the CUSTOMER within this period, the CUSTOMER reserves the right to terminate the contract.

5.3. The SELLER agrees, declares, and undertakes to deliver the contract subject product complete, in compliance with the specified qualifications in the order, along with warranty documents if any, usage manuals, necessary information, and documents required by the job, in a sound manner in accordance with legal requirements and standards, with accuracy and honesty during the performance of the work, to maintain and improve the quality of the service, to act with care and foresight, and to comply with legal requirements excluding any defects.

5.4. Before the expiration of the performance obligation arising from the contract, the SELLER may inform the BUYER and obtain their explicit consent to supply a different product of equal quality and price.

5.5. If the SELLER is unable to fulfill the obligations under the contract due to force majeure events that arise beyond the will of the parties, are not foreseeable beforehand, and prevent or delay the fulfillment of their obligations, the SELLER agrees, declares, and undertakes to notify the CUSTOMER within 3 days from the date of learning of this situation in writing and to refund the total price to the CUSTOMER within 14 days.

5.6. The CUSTOMER acknowledges, declares, and undertakes that if the payment of the product price is not made and/or canceled in the bank records for any reason, the SELLER's obligation to deliver the product subject to the contract will end, and the CUSTOMER will return the product subject to the contract to the SELLER within 3 days, with the shipping cost borne by the SELLER.

5.7. If, after the delivery of the product subject to the contract to the CUSTOMER or the person and/or organization at the address indicated by the CUSTOMER, the credit card owned by the CUSTOMER is used unlawfully by unauthorized persons, resulting in the non-payment of the product price to the SELLER by the relevant bank or financial institution, the CUSTOMER agrees, declares, and undertakes to return the product subject to the contract to the SELLER within 3 days, with the shipping cost borne by the SELLER.

5.8. In case the SELLER cannot deliver the product subject to the contract within the specified period due to reasons such as force majeure preventing the fulfillment of the contractual obligations, the SELLER agrees, declares, and undertakes to inform the CUSTOMER of this situation and that the CUSTOMER has the right to request the cancellation of the order, replacement of the product subject to the contract with an equivalent if available, and/or postponement of the delivery period until the obstructive situation is eliminated. In case of cancellation of the order by the CUSTOMER, in payments made in cash, the product amount is refunded to the CUSTOMER in cash and in a lump sum within 14 days. In payments made by the CUSTOMER with a credit card, the product amount is refunded to the relevant bank within 14 days after the cancellation of the order by the CUSTOMER. The CUSTOMER acknowledges that the reflection of the refunded amount to the accounts of the CUSTOMER after the refund to the credit card by the SELLER depends entirely on the bank transaction process, and the CUSTOMER agrees, declares, and undertakes that the SELLER cannot be held responsible for any possible delays.

5.9. The SELLER has the right to contact the CUSTOMER through letter, e-mail, SMS, telephone call, and other means for communication, marketing, notification, and other purposes using the address, e-mail address, fixed and mobile phone lines, and other contact information specified by the CUSTOMER during registration on the website. The CUSTOMER, by accepting this agreement, acknowledges and declares that the SELLER may engage in the above-mentioned communication activities.

5.10. The CUSTOMER agrees, declares, and undertakes that they will inspect the product/service before taking delivery; they will not receive damaged or defective products/services such as dented, broken, torn packaging, etc., from the cargo company. The received product/service will be deemed undamaged and sound. The obligation to preserve the product/service carefully after delivery belongs to the CUSTOMER. If the right of withdrawal will be used, the product/service should not be used.

5.11. In the event that the person using the credit card during the order and the credit card holder are not the same person, or in the event that the existence of a security gap related to the credit card used in the order is determined before the delivery of the product, the SELLER may request the CUSTOMER to provide the identity and contact information of the credit card holder, the last monthly statement of the credit card used in the order, or a written statement from the bank that the credit card belongs to the CUSTOMER. The order will be frozen until the CUSTOMER provides the requested information/documents, and if these requests are not met within 24 hours, the SELLER has the right to cancel the order.

5.12. The CUSTOMER declares and undertakes that the personal and other information provided during registration on the SELLER's website is accurate and, in case of any discrepancy, they will compensate all damages that the SELLER may incur immediately, in cash, and in a lump sum.

5.13. The CUSTOMER undertakes to comply with the provisions of the legal regulations while using the website of the SELLER and not to violate them. Otherwise, all legal and criminal obligations arising will be entirely and exclusively binding on the CUSTOMER.

5.14. The CUSTOMER agrees not to use the website of the SELLER in a way that disrupts public order, is contrary to general morality, disturbing and harassing others, for illegal purposes, in a way that violates the material and moral rights of others. Additionally, the CUSTOMER cannot engage in activities (spam, viruses, trojan horses, etc.) that prevent or complicate others from using the services.

5.15. Links to other websites and/or content owned or operated by third parties may be provided on the website owned by the SELLER. These links are placed to facilitate the navigation of the CUSTOMER and do not imply support for the website or its operator, and the SELLER does not guarantee the information contained in the linked website.

5.16. The member who violates one or more of the articles listed in this contract will be personally responsible for this violation in legal and criminal terms, and the SELLER will be exempt from the legal and criminal consequences of these violations. In addition, if the incident is brought into the legal field due to this violation, the SELLER reserves the right to claim compensation from the member for failure to comply with the membership agreement.


  • RIGHT OF WITHDRAWAL

6.1. The CUSTOMER, in the case of a distance contract related to the sale of goods, may exercise the right of withdrawal without assuming any legal or criminal liability and without stating any reason, by rejecting the product within 14 (fourteen) days from the date of delivery to themselves or the person/organization at the address indicated by them, provided that they notify the SELLER. In distance contracts related to the provision of services, this period starts from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the service has commenced with the consumer's approval before the end of the withdrawal period. The expenses arising from the exercise of the right of withdrawal are the responsibility of the SELLER. By accepting this agreement, the CUSTOMER acknowledges that they have been informed about the right of withdrawal.

6.2. In order to exercise the right of withdrawal within the 14 (fourteen) day period, the CUSTOMER must notify the SELLER in writing via registered mail, fax, or email and ensure that the product has not been used, in accordance with the provisions regarding "Products for Which the Right of Withdrawal Cannot Be Used" in this agreement. In the case of returns made within 7 days, the shipping cost is borne by the CUSTOMER.

a) Invoice of the product delivered to the 3rd party or the CUSTOMER (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the corporation. Return of orders invoiced to corporations will not be completed if the RETURN INVOICE is not issued.)

b) Return form,

c) The box and packaging of the products to be returned, along with any standard accessories, must be delivered complete and undamaged.

d) The SELLER is obliged to refund the total price and return the documents that put the CUSTOMER under debt within 10 days from the date of receipt of the withdrawal notification.

e) If there is a decrease in the value of the goods due to the CUSTOMER's fault or if it becomes impossible to return the goods, the CUSTOMER is obliged to compensate for the damages of the SELLER in proportion to their fault. However, the CUSTOMER is not responsible for changes and deteriorations in the product or item during the right of withdrawal period due to proper use.

f) In case the campaign limit amount arranged by the SELLER is exceeded due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.

  • PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

Products prepared according to the CUSTOMER's request or explicitly tailored to personal needs, candles, specially printed hygiene materials, disposable products, perfumes, goods with a risk of rapid deterioration or a possibility of expiration after delivery to the CUSTOMER, products unsuitable for return due to being opened by the CUSTOMER, and products that cannot be separated due to their nature after mixing with other products after delivery cannot be returned. Additionally, the right of withdrawal cannot be exercised for services that have begun with the consumer's approval before the end of the withdrawal period.

Cosmetic and personal care products and home products (candles, room fragrances, perfumes, etc.) must have unopened, unused, undamaged packaging for a return to be accepted.


  • DEFAULT AND LEGAL CONSEQUENCES

If the CUSTOMER defaults on payment made by credit card, they accept, declare, and undertake that they will pay interest to the bank in accordance with the credit card agreement between the cardholder and the bank. In such a case, the relevant bank may apply to legal remedies; demand the expenses and attorney fees from the CUSTOMER, and in any case where the CUSTOMER defaults on their debt, the CUSTOMER accepts, declares, and undertakes to pay the damages incurred by the SELLER due to the delayed performance of the debt.


  • JURISDICTION

In case of disputes arising from this agreement, complaints and objections will be made to the consumer problems arbitration committee or consumer court where the consumer resides or where the consumer transaction is made, within the monetary limits specified in the law. This agreement is made for commercial purposes.


  • EFFECTIVENESS

The CUSTOMER is deemed to have accepted all the terms of this agreement when they complete the payment for the order placed on the website. The SELLER is obliged to make the necessary software adjustments to obtain confirmation from the CUSTOMER that this agreement has been read and accepted by the CUSTOMER before the order is finalized on the site.

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