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DISTANCE SALES AGREEMENT

ARTICLE 1 - PARTIES


SELLER
Trade Name : Hapishai
 
Address: Altayçeşme Efe Boz Sokak 12A D:ap, D:51, 34843 Maltepe/Istanbul
Phone : 05444200983
Seller E-Mail Address: isaenko231@gmail.com
The Cargo Company to which the Buyer Will Send the Goods to the Seller in case of Return: Yurtici Cargo - 632185279

BUYER
Name – surname : {UYE_AD} {UYE_SURNAME}
Address : {SATIS_INVOICE_ADRES}
Phone : {UYE_PHONE}
E-Mail: {UYE_EMAIL}

ARTICLE 2- SUBJECT AND SCOPE OF THE AGREEMENT


This Distance Sales Contract (“Contract”) has been drawn up in accordance with the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts. The parties to this Agreement accept and declare that they know and understand their obligations and responsibilities arising from the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts under this Agreement. The subject of this Agreement; In accordance with the qualifications specified in the Contract, where the Buyer places an electronic order for the purchase of the Goods/Services of the Seller from the website named [www.koditurkey.com.tr] owned by Hapishai (Kodi Professional Turkey) (“Website”). It constitutes the determination of the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of the Consumer No. 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the Goods/Services. The conclusion of this Agreement will not prevent the performance of the provisions of the website membership agreements concluded by the parties with Natura Kozmetik, and the parties assume that Kodi Professional Turkey is not a party in any way in the sale of the Goods/Services subject to this Agreement and that they have no responsibility and commitment regarding the fulfillment of their obligations under the Agreement. They acknowledge and declare that they do not exist.

ARTICLE 3 – BASIC QUALIFICATIONS AND PRICE OF THE GOODS AND SERVICES SUBJECT TO THE AGREEMENT (VAT INCLUDED)

Product Code and Name Quantity Seller Title Unit Price Unit Discount Coupon Points Total Sales Amount Maturity Difference Total Amount Including VAT
Cargo – Domestic – Fee Cargo
Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.

THE PRICE OF THE SUCH PRODUCT IS COLLECTED FROM THE BUYER BY KOKO NAIL TURKEY ON BEHALF OF THE SELLER WITHIN THE PAYMENT PROTECTION SYSTEM. BY PAYING THE PRICE OF THE GOODS TO KOKO NAIL TURKEY, THE BUYER WILL BE CONSIDERED TO PAY THE PRICE OF THE PRODUCT TO THE SELLER.

ARTICLE 4 – DELIVERY AND DELIVERY METHOD OF THE GOODS


The contract has entered into force with the approval of the Buyer in electronic environment and is executed by the delivery of the Goods/Services purchased by the Buyer from the Seller to the Buyer. The Goods/Services will be delivered to the address specified by the Buyer in the order form and in this Agreement and to the authorized person(s) specified.

ARTICLE 5 – DELIVERY COSTS AND PERFORMANCE


The delivery costs of the goods belong to the Buyer, unless otherwise stated. If the Seller has declared on the Website that the delivery fee will be covered by him, the delivery costs will be borne by the Seller. Delivery of the goods; It is made in the promised time after the seller's stock is available and after the payment is made. The Seller delivers the Goods/Services within 30 (thirty) days from the order of the Goods/Services by the Buyer, without prejudice to the circumstances in which the performance of the Goods/Services subject to the order becomes impossible. If, for any reason, the Buyer does not pay for the Goods/Services or the payment is canceled in the bank records, the Seller is deemed to be relieved of its obligation to deliver the Goods/Services.

The Buyer is responsible for the shipping cost in order cancellations made by the Buyer after the goods are shipped by the Seller but before the Buyer receives them.

ARTICLE 6 - REPRESENTATIONS AND COMMITMENTS OF THE BUYER


The Buyer declares that he has read and informed the preliminary information uploaded by the Seller regarding the basic characteristics, sales price and payment method, as well as the delivery and cargo cost of the Goods/Services, which are the subject of the Contract, on the website and gives the necessary confirmation in electronic environment. Buyers, as Consumers, can deliver their requests and complaints to the Seller contact information above and/or through the channels provided by the Web site. The Buyer confirms this Agreement and the Preliminary Information Form electronically, the address to be given to the Buyer by the Seller before the conclusion of the distance contracts, the basic features of the ordered Goods/Services, the price of the Goods/Services including taxes, payment and delivery. confirms that it has obtained the correct and complete delivery price information. Without the Buyer's inspection before receiving the Contracted Goods/Services; damaged, broken, torn packaging, etc. In case of receiving the damaged and defective Goods/Services from the cargo company, the responsibility belongs entirely to him. The Goods/Services received by the buyer from the cargo company officer shall be deemed to be undamaged and intact. The responsibility and damages of the Goods/Services after delivery belong to the Buyer. If the relevant bank or financial institution fails to pay the price of the Goods/Services to the Seller due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons, not due to the Buyer's fault, after the delivery of the Goods/Services, the Buyer must have been delivered to him/her. is obliged to return the Goods/Services to the Seller within 3 (three) days, provided that In this case, the delivery expenses belong to the Buyer.

ARTICLE 7 - STATEMENTS AND COMMITMENTS OF THE SELLER


The Seller is responsible for delivering the Goods/Services subject to the Contract to the Buyer in accordance with the Consumer Legislation, intact, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any. If the Seller cannot deliver the Goods/Services subject to the contract due to force majeure or extraordinary circumstances that prevent transportation, he is obliged to notify the Buyer within 3 (three) days from the date of learning. If the Good/Service subject to the contract is to be delivered to another person from the Buyer, the Seller cannot be held responsible if the person to be delivered does not accept the delivery.

ARTICLE 8 – RIGHT OF WITHDRAWAL


The Buyer may return the purchased Goods/Services within 7 (seven days) days from the delivery date, without taking any legal or penal liability and without giving any reason, using the right of withdrawal. Notification of the right of withdrawal and other notifications regarding the Contract will be sent through the communication channels of the Seller and/or specified on the website. BECAUSE Kodi Professional TURKEY IS NOT A PARTY TO THIS DISTANCE SALES AGREEMENT, THE RIGHT OF WITHDRAWAL CANNOT BE USED AGAINST DP OR A REFUND CANNOT BE REQUESTED FROM Kodi Professional TURKEY. In order to exercise the right of withdrawal, the Seller must be notified in accordance with the provisions of the legislation and the right of withdrawal option on the Website. In case the right of withdrawal is exercised: a) The Buyer returns the Goods to the Seller within 7 (seven) days from the use of the right of withdrawal. b) The box, packaging, standard accessories, if any, of the Goods to be returned within the scope of the right of withdrawal, must also be returned as a complete and undamaged item. Within 14 (fourteen) days following the exercise of the right of withdrawal, the price of the Goods is returned to the Buyer as paid. When returning the Goods to the Seller, the original invoice submitted to the Buyer during the delivery of the Goods must also be returned by the Buyer.

As long as the Buyer sends the Goods to be returned to the Seller with the Seller's contracted cargo company specified in the preliminary information form, the return shipping cost belongs to the Seller. In case the Buyer sends the Goods to be returned by a cargo company other than the contracted cargo company of the Seller specified in the preliminary information form, the Seller is not responsible for the return shipping cost and the damage that the Good will suffer during the cargo process.

ARTICLE 9 – CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED


The right of withdrawal cannot be exercised in the following cases: a) Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the seller (jewelry, gold and silver products) In contracts for the delivery of goods that are not in danger of spoiling quickly or whose expiration date is likely to expire, c) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature, e) Provided that the protective elements such as packaging, tape, seal, package are opened by the consumer, books, sounds or Agreements regarding image recordings, software programs and computer consumables f) Agreements regarding the delivery of periodicals such as newspapers and magazines other than those provided under the subscription agreement g) Accommodation, transportation of goods, car rental, food and beverage supply and Contracts for the use of leisure time for entertainment or recreation h) Contracts for the performance of services related to betting and lottery ı) Contracts for services that are started with the consent of the consumer before the expiry of the right of withdrawal i) Instant performance in electronic environment In the contracts regarding the services rendered and intangible goods delivered instantly to the consumer, and the goods/services subject to the contract (with regular deliveries of the seller, foodstuffs, beverages or other daily consumption items delivered to the buyer's residence) In the case of goods/services (services in areas such as travel, accommodation, restaurant, entertainment industry), the right of withdrawal cannot be exercised because the provisions of the Regulation on Distance Contracts cannot be applied to the legal relationship between the Buyer and the Seller. The cancellation and return conditions of such Goods/Services offered for sale in the holiday category are subject to the Seller's practices and rules.

ARTICLE 10 - RESOLUTION OF DISPUTES


In the implementation of this Distance Sales Agreement, Consumer Arbitration Committees and Consumer Courts are authorized up to the value declared by the Ministry of Customs and Trade in the place where the Buyer purchases the Goods or Services and where the residence is located. 68 of the Law on Consumer Protection No. 6502. District/provincial consumer arbitration committees are authorized for consumer demands in line with the lower and upper limits specified in paragraph 1 of the article.

ARTICLE 11 – PRICE OF THE GOODS/SERVICES


The cash or deferred sales price of the goods is included in the order form, but is the price included in the information mail sent at the end of the order and in the invoice sent to the customer together with the product. Discounts, coupons, shipping charges and other applications made by the seller or KODI PROFESSIONAL TURKEY are reflected in the sales price.

ARTICLE 12 - STATUS OF DEADLINE AND LEGAL CONSEQUENCES


In the event that the Buyer defaults on his credit card transactions, the cardholder will pay interest within the framework of the credit card contract signed by the bank with him and be liable to the bank. In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the Buyer, and in any case, in the event that the Buyer defaults due to its debt, the Buyer shall be responsible for the loss and damage suffered by the Seller due to the Buyer's delayed performance of the debt.

ARTICLE 13 – NOTICES and EVIDENCE AGREEMENT


Any correspondence to be made between the Parties under this Agreement will be made via e-mail, except for the obligatory cases listed in the legislation. The Buyer agrees that in disputes that may arise from this Agreement, the official books and commercial records of the Seller and Kodi Professional Turkey, as well as the electronic information and computer records kept in its own database and servers, will constitute binding, definitive and exclusive evidence, and that this article will be subject to the provisions of the Code of Civil Procedure. It accepts, declares and undertakes that it is in the nature of an evidential contract within the meaning of Article 193.

ARTICLE 14 – ENFORCEMENT


This Agreement, which consists of 14 (fourteen) articles, was read by the Parties and concluded and entered into force on 17/07/2020 by being approved by the Buyer electronically.

SELLER BUYER

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