DISTANCE SALES CONTRACT
This Agreement establishes the rights and obligations of the parties regarding the sale-delivery of the products/services ("Product(s)"), which the BUYER wants to buy by ordering through the address of the SELLER https://istanbul.kidzania.com and the directed electronic commerce website https://istanbul.kidzania.com ("WEBSITE") including the cases where the BUYER makes transactions with the application on their mobile device, to the BUYER and other issues. After the BUYER confirms this Agreement on the WEBSITE, the price and expenses of the Product(s) ordered shall be collected by the payment method they choose.
ARTICLE 1 - PARTIES
| A. SELLER: | Akasya Çocuk Dünyası A.Ş. (Mersis No: 013-0643-4320-0017) | ||
| Adres: | Akasya | Derin Sk. No:8/A Acıbadem, Üsküdar/İstanbul | ||
| E-Posta: | [email protected] | ||
| Phone Number: | 0850 200 54 39 | ||
| B. BUYER: | |||
| Name-Surname / Trade Name: | {_aliciad_} {_alicisoyad_} | ||
| Address: | {_teslimatadresi_} | ||
| E-Mail: | {_alicitelefon_} | ||
| Phone Number: | {_alicimail_} | ||
ARTICLE 2 - SUBJECT
The subject of this Agreement is to determine the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on the Implementation Principles and Procedures of Distance Agreements, in relation to the sale and delivery of the product and/or service that the BUYER has ordered electronically through the website of the SELLER.
ARTICLE 3 - GENERAL PROVISIONS
3.1- The BUYER agrees, declares and undertakes that they have read and been informed about the key features, sale price, and method of payment of the product under the Agreement and the preliminary details of the delivery on the SELLER’s website and that they electronically gave the necessary confirmation.
3.2- The product subject to the Agreement shall be delivered to the BUYER or the person/organization at the address indicated, depending on the distance from the BUYER's place of residence for each product, provided that it does not exceed the 30-day legal period.
3.3- If the product subject to the Agreement is to be delivered to a person/organization other than the BUYER, the SELLER shall not be liable if the person/organization to be delivered does not accept the delivery.
3.4- The SELLER shall be liable to make a delivery that the product subject to the Agreement has the qualities specified in the order, is whole and complete, and together with its warranty and user manuals, if any.
3.5- For the delivery of the product subject to the Agreement, the signed copy of this Agreement must be delivered to the SELLER and the price must be paid in the method of payment preferred by the BUYER. If the price of the product is not paid or canceled from the bank records for any reason whatsoever, the SELLER's obligation to deliver the product shall cease.
3.6- After the delivery of the product to the BUYER, if the relevant bank or financial institution fails to pay the product price to the SELLER due to the unfair or unlawful use of the credit card of the BUYER by unauthorized persons, not due to the fault of the BUYER, it is obligatory for the BUYER to send the product to the SELLER within 3 days. In this case, the delivery costs shall be borne by the BUYER.
3.7- If the SELLER cannot deliver the product subject to the Agreement in due time due to force majeure or extraordinary circumstances such as weather conditions preventing the shipment or interruption of transportation, the SELLER is obliged to notify the BUYER without delay. In this case, the BUYER may use one of its optional rights to cancel the order, replace the product subject to the Agreement with its precedent, if any, or postpone the delivery until the aforementioned obstacle is removed. In the event that the BUYER cancels the order, and if the payment has been made in cash, this amount shall be paid in cash within 14 days as of the cancellation. If the BUYER has made the payment by credit card and cancels it, the product price shall be returned to the Bank within 14 days as of this cancellation. The time for transferring the relevant amount to the BUYER's account by the Bank may vary depending on the Bank's internal procedures.
3.8- Defective or damaged products sold with a warranty certificate can be sent to the SELLER for the necessary repair within the terms of the warranty. In this case, the shipping costs shall be covered by the SELLER.
3.9- The invoice of the purchased product is an e-archive invoice and shall be sent to the e-mail address of the BUYER within 7 days. The SELLER shall not be responsible for delays that may occur in invoices due to incorrect typing of the TR ID or tax ID number.
ARTICLE 4 - RIGHT OF WITHDRAWAL
4.1. The BUYER can use the right of withdrawal from the Agreement by rejecting the goods without undertaking any legal or criminal responsibility and without giving any reason, provided that they notify the SELLER via the contact details below, within 14 (fourteen) days from the date of delivery of the product purchased to themselves or to the person/organization at the address indicated.
4.2. The BUYER shall make the right of withdrawal notification to[email protected] in writing or by registered mail with return receipt requested.
4.3. By agreeing with this Agreement, the BUYER accepts, declares and undertakes in advance that they have been informed about the right of withdrawal.
4.4. In order to exercise the right of withdrawal, the SELLER must be notified within 14 (fourteen) days and the product must not be used in accordance with the provisions of the "Products for which the Right of Withdrawal cannot be exercised" as regulated in this Agreement.
4.5. In case the right of withdrawal is exercised, the invoice of the product must be sent together with the product delivered to the third party or the BUYER, as well as the return invoice issued by the institution if the invoice of the product to be returned is corporate. Order returns whose invoices are issued on behalf of institutions cannot be completed unless a RETURN INVOICE is issued.
4.6. The products to be returned must be delivered complete and undamaged, together with the box, packaging, and standard accessories, if any.
4.7. The BUYER is obliged to return the goods within 10 (ten) days from the date of notification to the SELLER regarding the use of his right of withdrawal.
4.8. If the payment is made in cash, the SELLER pays this amount to the BUYER in cash within 14 days from the receipt of the withdrawal notification. If the BUYER has made the payment by credit card, the product price is returned to the Bank within 14 days from the receipt of the withdrawal notification to the SELLER. The time for transferring the relevant amount to the BUYER's account by the Bank may vary depending on the Bank's internal procedures.
4.9. If there is a decrease in the value of the goods due to the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's losses in proportion to the BUYER's fault.
4.10. The costs arising from the use of the right of withdrawal shall be borne by the BUYER. If the BUYER does not pay the costs, the costs shall be deducted from the return amount, and the remaining fee shall be returned to the BUYER.
4.11. In order for the SELLER to make a refund, the goods to be returned must be delivered to the SELLER.
4.12. In case of falling below the campaign limit amount set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign shall be canceled.
ARTICLE 5 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
5.1 The right of withdrawal cannot be exercised for products that cannot be returned due to their nature, disposable products, software, and programs that can be reproduced, products that are perishable or whose expiration date has passed.
5.2. It is not possible to exercise the right of withdrawal for the following products:
a) Contracts for goods or services whose prices vary depending on the fluctuations in the financial markets and which are not under the control of the seller or supplier.
b) Contracts for goods prepared in line with the wishes or personal needs of the consumer.
c) Contracts for the delivery of perishable goods or the goods whose expiry date is short.
ç) Among the goods whose protective elements such as packaging, tape, seal, and package have been opened after delivery, contracts for the delivery of those whose return is unsuitable in terms of health and hygiene.
d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts for books, digital content, and computer consumables, data recording and data storage devices offered in material media, in case the protective elements such as packaging, tape, seal, and package are opened after the delivery of the goods.
f) Contracts for the delivery of periodicals such as newspapers and magazines, excluding those provided under the subscription contract.
g) Contracts for accommodation, transportation of goods, car rental, food and beverage supply, and the use of leisure time for entertainment or rest, which must be made on a certain date or period.
ğ) Contracts regarding services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer.
h) Contracts regarding services that are started to be performed with the approval of the consumer, before the expiry of the right of withdrawal.
5.3. In order to return cosmetics and personal care products, underwear, swimwear, bikinis, books, reproducible software and programs, DVD, VCD, CD, and cassettes, and stationery consumables (toner, cartridge, tape, etc.), their packages must be unopened, untested, intact, and unused.
5.4. Although the usage period of the products of the SELLER's goods or services is certain and limited, it is not possible to exercise the right of withdrawal after this period has elapsed.
5.5. In case of extraordinary situations and national and international epidemic diseases, in case the products are taken from the courier company and the package is opened, in accordance with the provision 15/ç of the Distance Sales Agreement Regulation, "After delivery, among the goods whose protective elements such as packaging, tape, seal, and package have been opened, returns are not possible in contracted sales regarding the delivery of those whose return is not suitable in terms of health and hygiene”.
ARTICLE 6 - RESPONSIBILITY ARISING FROM DEFECT
6.1. Defective goods are goods that are not compliant with the Agreement at the time of delivery to the consumer because they do not conform to the sample or model agreed upon by the parties, or because they do not have the objectively required features.
6.2. Actions shall be taken in accordance with the provisions of liability for defective goods as per articles 8, 9, and 10 of the Consumer Protection Law No. 6502.
6.3. The BUYER shall make the defect notification to [email protected] in writing or by registered mail with return receipt indicating the reason.
6.4. The products must be delivered to the SELLER in a reasonable time so that the defect condition can be checked.
ARTICLE 7 – GOVERNING LAW AND JURISDICTION
Turkish Law shall apply to all disputes that may arise from the implementation of this Agreement, and Provincial and District Consumer Arbitration Committees within the monetary limits determined and announced annually by the Ministry of Commerce shall be authorized depending on the amount of the dispute, and in cases exceeding these limits, Istanbul Central (Çağlayan) Courts and Execution Offices shall be authorized.
ARTICLE 8 - EFFECTIVE DATE
This Ticket Sales Agreement of 8 (eight) articles has entered into force once it is agreed on by the BUYER, by reading and fully understanding each provision, in the electronic environment and has started to give rise to provisions and results.
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