Distance Sales Agreement
- PARTIES
This Agreement has been signed between the following parties under the terms and conditions specified below.
A. ‘BUYER’; (hereinafter referred to as the "BUYER" in the agreement)
B. ‘SELLER’; (hereinafter referred to as the "SELLER" in the agreement)
NAME - SURNAME:
ADDRESS:
By accepting this agreement, the BUYER acknowledges that they are under the obligation to pay the specified order amount, any possible shipping fees, taxes, and other additional fees as notified, and they accept that they have been informed about this.
- DEFINITIONS
In the application and interpretation of this agreement, the terms listed below will express the explanations written next to them.
MINISTER: The Minister of Customs and Trade
MINISTRY: The Ministry of Customs and Trade
LAW: The Consumer Protection Law No. 6502
REGULATION: The Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)
SERVICE: Any transaction subject to a fee or benefit other than the provision of goods, made or promised to be made.
SELLER: A company acting on behalf of or for the account of the consumer, engaged in the sale of goods or services in the scope of its commercial or professional activities.
BUYER: A real or legal person who acquires, uses, or benefits from a good or service for non-commercial or professional purposes.
SITE: The website owned by the SELLER.
ORDERER: A real or legal person who requests a good or service through the SELLER’s website.
PARTIES: The SELLER and the BUYER.
AGREEMENT: This agreement concluded between the SELLER and the BUYER.
GOOD: Movable goods that are the subject of the purchase, as well as software, audio, visual, and similar intangible goods prepared for use in electronic environments.
- SUBJECT
This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the product, the characteristics and sale price of which are specified below, and which the BUYER orders electronically through the SELLER's website, in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts.
The prices listed and announced on the site are the sale prices. The announced prices and promises are valid until updated or changed. Prices announced for a limited time are valid until the end of the stated period.
- SELLER INFORMATION
Trade Name: Kamataş Construction Materials Industry and Trade Limited Company
Address: İnönü Mah. 677 Sk. No:2/A Buca/ İzmir
Phone: +90 541 726 40 55
Fax:
Email: info@kamatas.com
- BUYER INFORMATION
Person to receive the delivery:
Delivery Address:
Phone:
Fax:
Email/Username:
- PRODUCT/PRODUCTS INFORMATION SUBJECT TO THE AGREEMENT
6.1. The basic features of the product/products/service are published on the SELLER’s website. If the SELLER organizes a campaign, the basic features of the relevant product can be reviewed during the campaign period. The campaign is valid until the stated date.
6.2. The listed and announced prices on the site are the sale prices. The announced prices and promises are valid until updated or changed. Prices announced for a limited period are valid until the end of the specified period.
6.3. The total sales price, including all taxes, of the product or service subject to the agreement is as follows:
Product Description Quantity Unit Price Subtotal (Including VAT)
Shipping Charge
Total:
Payment Method and Plan
Delivery Address
Person to Receive
Invoice Address
Order Date
Delivery Date
Delivery Method
6.4. The shipping cost will be paid by the BUYER.
- INVOICE INFORMATION
Name/Surname/Trade Name
Address
Phone
Fax
Email/Username
Invoice Delivery: The invoice will be delivered along with the order to the invoice address at the time of order delivery.
- SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS, AND INTELLECTUAL PROPERTY RIGHTS RULES
The rules and conditions listed below regarding the protection, confidentiality, processing-use of the information entered by the BUYER on the website and communications, along with other issues, are valid.
8.1. Necessary measures have been taken in the SELLER's system infrastructure to ensure the security of the information and transactions entered by the BUYER on the website, in accordance with the nature of the information and transaction. However, since the information is entered from the BUYER's device, it is the responsibility of the BUYER to ensure the protection of this information and prevent unauthorized access, including taking necessary precautions against viruses and similar harmful applications.
8.2. In addition to the consents and approvals given by the BUYER regarding personal data and commercial electronic communications, and by confirming it; the BUYER agrees that the information acquired during the registration process and shopping on the website will be stored, updated, shared, transferred, and processed for the provision of various products/services, as well as for information, advertising, promotion, communication, sales, marketing, store card, credit card, and membership applications. This information may also be shared with the relevant authorities and courts in cases required by law. The BUYER gives consent to the use, sharing, and processing of their personal and non-personal data in accordance with the above scope and agrees to receive electronic and other communications.
8.3. The BUYER may at any time stop the processing of their data or communications through the channels specified by the SELLER. Upon the BUYER’s explicit notification, personal data processing and communications will be stopped within the legally prescribed maximum period, and if possible, the information will be deleted or anonymized from the system. The BUYER may also request information from the SELLER regarding the processing of their personal data.
8.4. All intellectual and industrial rights, including the regulation, revision, and use of any content or information on the website, belong to the SELLER, unless stated otherwise by third parties.
8.5. The SELLER reserves the right to make any changes regarding the above matters, and these changes will be effective as soon as announced on the website or through other appropriate methods.
8.6. The privacy-security policies and terms of use of any other site reached from the website will apply, and the SELLER is not responsible for any resulting disputes or negative outcomes.
- GENERAL TERMS
9.1. The BUYER agrees, declares, and undertakes that they have read and understood the basic characteristics of the product, sale price, payment method, and delivery information on the website. They also agree that the information regarding the address, product characteristics, price including taxes, and payment and delivery information has been received correctly and completely.
9.2. Each product subject to the agreement will be delivered within the time frame specified in the pre-information section on the website, depending on the distance of the BUYER’s residence, and within the legal period of 30 days. If the product cannot be delivered within this time, the BUYER has the right to cancel the contract.
9.3. The SELLER agrees, declares, and undertakes to deliver the product in full, in accordance with the characteristics specified in the order, along with any warranty certificates, user manuals, and other necessary information and documents, and in compliance with legal requirements.
9.4. If the SELLER cannot fulfill the obligations arising from the contract due to unforeseeable circumstances or force majeure, they will inform the BUYER within 3 days, and the total amount will be refunded to the BUYER within 14 days.
9.5. If the product or service becomes impossible to fulfill, the SELLER will notify the BUYER within 3 days and refund the total amount within 14 days.
9.6. If the product price is not paid or is canceled in the bank records, the SELLER’s obligation to deliver the product will cease.
9.7. After the delivery of the product, the BUYER agrees to return the product within 3 days if it is not paid for or is used improperly, at the SELLER's expense.
9.8. The SELLER has the right to change the delivery time in case of unforeseen and insurmountable circumstances that may delay or prevent the delivery of the product.
9.9. The SELLER can communicate with the BUYER using the contact information provided during registration, including email, phone, SMS, etc.
9.10. The BUYER agrees to examine the product before receiving it and not accept damaged or faulty goods. Once accepted, the BUYER assumes responsibility for the protection of the product.
9.11. If the credit card holder is different from the person who placed the order, the SELLER may request identification and documentation for verification before proceeding with the order.
9.12. The BUYER confirms that the information provided during registration is accurate and will be liable for any discrepancies.