Distance Sales Agreement

ARTICLE 1 – PARTIES

This Distance Sales Agreement (“Agreement”) has been concluded between the parties whose information is provided below: 

1.   SELLER (“Seller”)
Trade Name	:	Şehriban Ezim – Kos living
Mersis No	:
Address	:	Ertuğrulgazi Neighborhood Özkervan Street No:5 D/E İnegöl / Bursa
Phone	:	+90 216 358 16 60
Email Address	:	info@kosliving.com

 

2.   BUYER (“Buyer”)
Name and Surname / Title	:	[●]
Address	:	[●]
Phone	:	[●]
Email Address	:	[●]

 Within the scope of this Agreement, the Buyer and Seller will be referred to individually as “Party” and collectively as “Parties.” 

ARTICLE 2 – SUBJECT, PURPOSE, AND SCOPE OF THE AGREEMENT

The subject and purpose of this Agreement is to regulate the terms of sale and delivery of the products or services the Buyer wishes to purchase by placing an order through the electronic commerce website owned by the Seller with the domain www.kosliving.com ("Website"), including cases where the Buyer transacts via the application on their mobile device, as well as the rights and obligations of the Parties under Law No. 6502 on the Protection of Consumers (“Law”), the Distance Contracts Regulation (“Regulation”) published in the Official Gazette No. 29188 dated 27.11.2014, and other regulations, along with their declarations and undertakings. 

ARTICLE 3 – MATTERS THE BUYER IS INFORMED ABOUT BEFORE THE AGREEMENT

Before signing this Agreement, the Buyer acknowledges, declares, and undertakes that they have fully and completely been informed by viewing and reviewing all general and special explanations on the relevant pages and sections of the Website regarding the following matters (but not limited to these), and also in accordance with the pre-information text presented to the Buyer before this Agreement (“Pre-Information”);

• The basic characteristics of the Product subject to the contract;
• The trade name and Mersis number of the seller or provider;
• The buyer's ability to quickly contact the seller or provider, including the seller's or provider's full address, phone number, and similar contact details, and if applicable, the identity and address of the person acting on behalf of or in the name of the seller or provider;
• Contact information for the seller or provider to forward consumer complaints;
• If the total price of the Product including all taxes cannot be calculated in advance due to its nature, the method of price calculation, all shipping, delivery, and similar additional costs if any, and information that additional costs may be payable if they cannot be calculated in advance;
• Additional costs charged to the Buyer when the use of remote communication tools during the contract formation stage cannot be calculated based on the usual fee tariff;
• Information on payment, delivery, performance, related commitments, and the Seller's or provider's complaint resolution methods;
• In cases where the right of withdrawal exists, the conditions, duration, procedure for exercising this right, and information about the carrier foreseen by the Seller for returns;
• Clear address, fax number, or email information where the withdrawal notification will be sent;
• Information on situations where the right of withdrawal cannot be exercised, or under which conditions the Buyer will lose the right of withdrawal;
• Upon request of the Seller or provider, any deposits or other financial guarantees to be paid or provided by the Buyer, if any, and the related conditions,
• If any, technical protection measures that may affect the functionality of digital content;
• Information known or reasonably expected to be known by the Seller or provider about which hardware or software the digital content can work with;
• Information that consumers can apply to consumer courts or consumer arbitration committees regarding disputes;
• Appropriate tools and methods for the sales and order process stages during the purchase of the Product from the Website and for correcting incorrect and/or incomplete information entered;
• Electronic contact information where the Buyer can obtain information about the professional conduct rules foreseen by the chamber to which the Seller belongs (Phone: (0224) 715 55 41; Website: https://inmob.org.tr);
• Customer Disclosure Text specifying the privacy, data usage, data processing, and electronic communication rules applied by the Seller for the Buyer's information, the permissions given by the Buyer to the Seller on these matters, the Buyer's legal rights, the Seller's rights, and the procedures for exercising the Parties' rights;
• Procedures and practices regarding privacy, personal data, and electronic communications;
• Cookie policy;
• Return and cancellation policy; and
• Shipping policy.

ARTICLE 4 – PRODUCT

The product's type and kind, quantity, basic features, dimensions, brand, model, color, and total sales price including all taxes are as stated on the Website, in the Preliminary Information, and as specified below, and the Buyer accepts and approves the relevant information when purchasing the Product. 

Product Information
Product / Service Description / Type and Kind of Product	:
Quantity	:
Basic Features / Dimensions / Brand / Model / Color	:
Price	:
Shipping Fee	:
Order Total Price (including VAT and expenses) ("Product Price")	:

 

ARTICLE 5 – ORDER AND PAYMENT

• The Buyer acknowledges, declares, and undertakes that after creating their order and approving the Agreement via the Website, they will be obliged to pay the Product Price to complete and confirm their order; that the payment instruments they can use in this context are credit card and debit card, and that the payment method they have chosen is as specified below; and that the Product Price will be collected from the Buyer using the selected payment method. 

Payment Method
Payment Method	:	[●]
Credit Card / Debit Card Number	:	[●]
Installment Information	:	[●]

         

          The invoice information provided by the Buyer on the Website is as follows: 

Invoice Information
Person to be Invoiced	:	[●]
Billing Address	:	[●]
Tax Office and Tax Number	:	[●]
Phone	:	[●]
E-mail Address	:	[●]

 

• The Buyer acknowledges, declares, and undertakes that to make a payment with the selected payment method, they must fill in the relevant card information completely and accurately in the relevant section; that payment can be made in a single payment by credit card or in installments as determined within campaigns; that the relevant provisions of the contract signed between the Buyer and the bank will apply to installment transactions; and that at the bank's discretion, the bank may organize campaigns, apply a number of installments higher than the number chosen by the Buyer, and offer services such as installment deferral. 

• The Buyer acknowledges, declares, and undertakes that in the context of deferred sales made with bank credit cards, they must separately confirm the relevant interest rates and default interest information from the bank; that the provisions regarding interest and default interest will apply within the scope of the credit card agreement between the bank and the Buyer; and that in case of installment payments, refunds being reflected monthly and in installments to the card used in the transaction is entirely related to the bank's processes and practices. 

• The Buyer acknowledges, declares, and undertakes that if the Product Price is not fully paid before delivery in cash sales; or if the installment amount due is not paid in installment sales, the Seller has the right to unilaterally cancel the Agreement and not deliver the Product. 

• The Buyer accepts, declares, and undertakes that if, for any reason after the Product delivery, the bank of the credit card used does not pay the Product Price to the Seller or requests a refund of the paid amount, the Buyer will return the Product to the Seller within 3 (three) days at the latest; if the non-payment of the Product Price is due to an unjust instruction, objection, fault, or negligence of the Buyer to the bank, the Buyer will cover the return shipping costs; in this case, the Seller reserves all legal rights, including pursuing the Product Price claim without accepting the return. 

• The Seller accepts, declares, and undertakes to send the invoice, order confirmation and summary, Preliminary Information, and a copy of this Agreement to the e-mail address provided by the Buyer upon payment of the Product Price by the Buyer, and to keep copies of these documents for 3 (three) years. 

ARTICLE 6 – DELIVERY OF THE PRODUCT

• The Buyer accepts, declares, and undertakes that, unless otherwise explicitly stated, delivery costs (such as shipping fees) are the responsibility of the Buyer; the Product Price must be paid for delivery to be made; depending on campaigns conducted by the Seller at the time of sale and announced on the Website, all or part of these delivery costs may not be charged to the Buyer. 

• The delivery information provided by the Buyer on the Website is as follows: 

Delivery Information
Person to Receive	:	[●]
Delivery Address	:	[●]
Phone	:	[●]
E-mail Address	:	[●]

 

• The Seller accepts, declares, and undertakes that although the delivery time may vary depending on the Product's supply time, the delivery will be completed within a maximum of 30 (thirty) business days following the receipt of the order, in accordance with Article 48, paragraph 3 of the Law and Article 16 of the Regulation. 

• The Seller accepts, declares, and undertakes to notify the Buyer via the communication channels provided by the Buyer if the Product cannot be delivered within 30 (thirty) business days specified in Article 6.3 of the Agreement due to force majeure events outside normal sales/delivery conditions (such as earthquake, flood, fire, epidemic). 

• The Parties accept, declare, and undertake that if the Seller cannot deliver the Product to the Buyer within 30 (thirty) business days specified in Article 6.3 of the Agreement, either under normal conditions or due to force majeure, the Buyer has the rights to cancel the order, order a similar product, or wait until the extraordinary situation ends in case of force majeure; in case of order cancellation, the Buyer will be refunded the full Product Price paid to the Seller within 14 (fourteen) days by the Seller. 

• If it becomes impossible to supply the Product subject to the order, the Seller agrees, declares, and undertakes to inform the Buyer clearly within 3 (three) days from the date the Seller learns of this situation, using one of the communication methods provided by the Buyer; the Seller will refund the full Product Price paid by the Buyer within the order to the Buyer within 14 (fourteen) days. 

• The Seller acknowledges, declares, and undertakes that the Product can be sold both within Turkey and abroad; in both cases, the Product will be delivered to the person designated by the Buyer as the recipient within the scope of the order, at the address provided. 

• In case the Product is delivered to the address provided by the Buyer, the Parties agree that the Seller will send the Product via a shipping company chosen by the Seller; if the shipping company responsible for delivery does not have a branch capable of delivering to the address specified by the Buyer, the Product will be picked up by the Buyer from a nearby branch, which will be notified to the Buyer by email, SMS, or phone; the Parties acknowledge, declare, and undertake this. 

• If the person to receive the delivery is not physically present at the delivery address during the Product delivery and the people at the address refuse to accept the delivery, the Buyer agrees that the Seller’s obligation in this regard will be considered fulfilled; if there is no one at the address to receive the delivery, it is the Buyer’s responsibility to contact the shipping company to track and secure the shipment of the Product; if the Product is to be delivered to a person or organization other than the Buyer, the Seller will not be held responsible if that person or organization is not present at the address or refuses to accept the delivery; in such cases, the Buyer agrees, declares, and undertakes that all damages arising from the late receipt of the Product and any costs resulting from the Product being held at the shipping company and/or the return of the shipment to the Seller will be borne by the Buyer. 

• The Buyer is responsible for checking the Product at the moment of delivery to the person receiving the Product and, if any issue caused by the shipping is observed, for refusing to accept the Product and having a report drawn up by the shipping company official; otherwise, the Seller will not accept any liability regarding this matter; the Buyer acknowledges, declares, and undertakes that if the Buyer requests the Product to be shipped via a carrier other than the shipping company designated by the Seller, the Seller will not be held responsible for any loss or damage occurring from the delivery of the relevant Product to the carrier designated by the Buyer. 

ARTICLE 7 – RIGHT OF WITHDRAWAL

• The Parties agree, declare, and undertake that the Buyer has the right to withdraw from the Agreement within 14 (fourteen) days from the date the Product is delivered to the Buyer (or, if the person receiving the delivery is designated by the Buyer as another person, from the date that person receives the Product), without giving any reason and without paying any penalty; and that the right of withdrawal can also be exercised during the period from the conclusion of the Agreement until the delivery of the Product. 

• The Parties agree, declare, and undertake that the right of withdrawal cannot be exercised by the Buyer in the Agreement concluded for the sale of the following, pursuant to Article 15 of the Regulation: 

• Agreement concerning goods or services whose price depends on fluctuations in financial markets and is beyond the control of the Seller or provider;

• Agreement related to goods prepared according to the consumer's requests or personal needs;

• Agreement concerning the delivery of perishable goods or goods that may expire;

• Agreement regarding goods whose protective elements such as packaging, tape, seals, or wrapping have been opened after delivery and whose return is not suitable for health and hygiene reasons;

• Agreement concerning goods that have mixed with other products after delivery and cannot be separated due to their nature;

• Agreement related to books, digital content, and computer consumables provided in a material medium, where protective elements such as packaging, tape, seals, or wrapping have been opened after delivery;

• Agreement concerning the delivery of periodicals such as newspapers and magazines, except those provided under a subscription agreement;

• Agreement related to accommodation, goods transportation, car rental, food and beverage supply, and leisure activities for entertainment or relaxation to be performed on a specific date or period;

• Agreement concerning services performed instantly in electronic form or intangible goods delivered instantly to the consumer; and

• Agreement regarding services started with the consumer's consent before the withdrawal period expires.

• The Parties agree, declare, and undertake that a notification of the exercise of the right of withdrawal by the Buyer, made in writing with a clear statement to the Seller's email address specified in the Seller's Preliminary Information and this Agreement within the period stated in Article 7.1 of the Agreement, shall be sufficient; that the Seller will send a confirmation to the Buyer upon receiving the Buyer's withdrawal request; and that within 14 (fourteen) days, the full Product Price collected from the Buyer for the order will be refunded to the Buyer via the payment method chosen at the time of order.

• In cases where the Buyer can exercise the right of withdrawal, the Buyer accepts, declares, and undertakes that if the Product is not used in accordance with its operation, technical specifications, and usage instructions within the withdrawal period, the Buyer will be responsible for any changes and damages that occur; in this case, at the Seller's discretion and preference, a discount may be applied to the Product Price to be refunded within the scope of the right of withdrawal due to the said changes and/or damages in the Product. 

• The Buyer acknowledges, declares, and undertakes that in the event of exercising the right of withdrawal, the refund will be made upon exercising the right of withdrawal for this Product in an order with a single Product; and upon exercising the right of withdrawal for all Products in an order containing multiple Products; if the right of withdrawal is exercised for part of an order containing multiple Products benefiting from a discount/promotion as a Product or fee, and if the shopping volume falls below the scope required to benefit from the discount, the said discount will be deducted from the refund to be made to the Buyer; if the Buyer has benefited from an advantage such as a gift voucher or discount code/coupon in the purchase where the right of withdrawal is exercised, this benefit will be refunded to the Buyer in the same way; in the event that the right of withdrawal is exercised for all or part of the order, and the purchase that has earned a promotion, gift voucher, discount code, coupon, or similar right falls outside the scope specified to earn such rights, the Buyer accepts, declares, and undertakes that the earned promotion, gift voucher, discount code, coupon, or similar rights will be canceled. However, the Buyer acknowledges that cash requests in exchange for reward points, gift vouchers, etc., will under no circumstances be accepted; the acquisition and use of reward points and similar benefits and other related matters will be subject to the provisions of contracts to be signed between the relevant institution, the Buyer, and the Seller; in relevant cases, the Seller may exercise all rights and authorities determined or to be determined here and in the said contracts on behalf of and/or in the account of the relevant institution before the Buyer and the institution and carry out related transactions; provided that these provisions are reserved, the Buyer accepts, declares, and undertakes that the Seller shall have no responsibility for any disputes that may arise between the Buyer and the said institutions and for the material, legal, and other consequences thereof. 

• When the Buyer exercises the right of withdrawal, they must send the Product to the Seller within 10 (ten) days following the notification, along with the original delivery note/invoice, and in cases where the invoice is issued in the company’s name for Product returns, the return invoice, as well as the Product’s box, packaging, and any standard accessories, completely and undamaged, via the cargo company that delivered the Product to the Buyer; In case the right of withdrawal is exercised due to damage or defect in the Product; the shipping costs related to the return of the Product will be covered by the Seller; however, in discretionary returns such as dissatisfaction with the Product’s model, color, or pattern; or dissatisfaction with the color, pattern, and defects arising from the naturalness of the wood material used in the Product, the shipping costs related to the return of the Product will be covered by the Buyer; if the relevant cargo company does not have a branch in the delivery address area, the Buyer agrees, declares, and undertakes to deliver the Product to the nearest branch themselves.

ARTICLE 8 – RULES REGARDING SECURITY AND CONFIDENTIALITY, PROTECTION OF PERSONAL DATA, ELECTRONIC COMMUNICATIONS, AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

• The Parties acknowledge, declare, and undertake that the rules and conditions applicable to the Seller and the Buyer regarding transaction security on the Website, protection, confidentiality, processing, use of information, and commercial electronic communications are set forth herein; and that the Buyer can reach and consult the Seller at any time on these matters through the communication tools specified in the Preliminary Information and this Agreement. 

• The Buyer acknowledges, declares, and undertakes that the Seller takes the necessary measures within its own system infrastructure, according to the nature of the information and transaction, to ensure the security of the information and transactions entered and/or recorded by the Buyer on the Website, to the extent of technical possibilities; however, since the said information is entered through the device used by the Buyer, the responsibility for taking necessary precautions, including those related to viruses and similar harmful applications, to protect this information and prevent access by unauthorized persons, lies with the Buyer. 

• The Buyer agrees that the Seller may share, record, process, store in accordance with legal periods, update when necessary, transfer, and use the personal data obtained during the Buyer's membership and purchases on the Seller's Website, as detailed in the Customer Information Text on the Website, with current and future companies within the group it belongs to for purposes such as product supply, all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card, and membership applications through electronic and other commercial-social communications; that these data may also be presented to relevant authorities and courts upon request and/or legal requirement; that the Buyer consents and permits the use, sharing, processing, and sending of commercial and non-commercial electronic communications and other communications to them within the scope above, in compliance with personal data protection legislation and electronic commerce legislation, regarding their current and new personal and non-personal information; that the Buyer can always stop communications by contacting the Seller through the communication channels specified in this Agreement and by exercising the right to opt-out of electronic communications sent to the Buyer; that upon explicit notification, personal data processing and/or electronic communications established with the Buyer will be stopped within the legal maximum period; that upon request, information that must be legally retained and/or possible to delete will be removed from the data recording system or anonymized so that identity cannot be determined; that if desired, the Buyer can always apply to the Seller through the communication channels in the Preliminary Information and herein regarding the processing of personal data, the persons to whom it is transferred, correction if incomplete or incorrect, notification of corrected information to relevant third parties, deletion or destruction of data, objection to results arising against the Buyer through automatic systems, and compensation in case of damage due to unlawful processing of data, and can receive information from the Seller; and that the Buyer accepts, declares, and undertakes that their applications and requests on these matters will be fulfilled within legal maximum periods or may be rejected with legal justification explained to the Buyer. 

• The Buyer acknowledges, declares, and undertakes that all intellectual and industrial property rights and ownership rights regarding all information and content belonging to the Website, as well as their arrangement, revision, and partial/complete use, except those belonging to other third parties according to the Seller's agreement, belong to the Seller; the Seller reserves the right to make any changes it deems necessary regarding these matters; and these changes shall be effective from the moment they are announced on the Website or by other appropriate means. 

• The Buyer acknowledges, declares, and undertakes that the privacy-security policies and terms of use of other sites accessed through the Website shall apply; therefore, the Seller shall not be responsible for any disputes or negative consequences that may arise from these.  

ARTICLE 9 – OTHER PROVISIONS 

• All informative documents on the Website, the Preliminary Information, and the invoice issued following the order are integral parts of this Agreement. 

• The Parties acknowledge, declare, and undertake that if the Buyer notifies the Seller of requests and complaints related to the Product and sales verbally or in writing through the communication channels specified in the Preliminary Information and this Agreement, the Seller will be pleased to address the Buyer's justified requests, complaints, and all kinds of applications. 

ARTICLE 10 – NOTIFICATIONS 

All correspondence between the Parties under this Agreement shall be conducted via e-mail, except in mandatory cases specified by law. The Buyer acknowledges, declares, and undertakes that in disputes arising from this Agreement, the Seller's official books and commercial records, as well as electronic information and computer records kept in its own database and servers, shall constitute binding, definitive, and exclusive evidence; this article shall be considered an evidence agreement pursuant to Article 193 of the Code of Civil Procedure No. 6100. 

ARTICLE 11 – COMPETENT COURT AND DISPUTE RESOLUTION 

This Agreement shall be subject to the laws of the Republic of Turkey and shall be interpreted in accordance with these laws. For the resolution of any disputes arising from this Agreement, the Istanbul Çağlayan Courts and Enforcement Offices shall have jurisdiction. However, the Buyer always has the right to apply to the consumer court or consumer arbitration committee regarding the dispute. 

ARTICLE 12 – EFFECTIVENESS 

This Agreement will become binding once approved electronically by the Buyer and will be considered effective as of the date of approval.