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Selling Contract

DISTANCE SALES CONTRACT

  1. PARTIES

This contract,

SALES PERSON:

Title             : OTC ELECTRONICS TRADE AND CONSULTANCY SERVICES INC.

Address              : Baglar Mah. 51st Street Umut Plaza Floor 2 No:2 D:6 34209 Bagcilar/Istanbul

Telephone             : 0 530 010 49 47

E-mail              : info@knitology.com.tr

(Hereinafter referred to as SELLER)

with

CUSTOMER:

Name/Surname/Title

TR ID Number, Tax Number, if any

Address

Telephone

E-mail

(Hereinafter referred to as BUYER)

was made within the framework of the following provisions.

  1. SUBJECT OF THE CONTRACT

2.1. www.knitology.com.tr (Hereinafter referred to as the "Website"), the SELLER also carries out the sales and marketing of its products within its scope of activity over the internet. The subject of this Agreement is the BUYER's property belonging to the SELLER. WebsiteThis is to determine the rights and obligations of the parties with the titles of consumer and SELLER regarding the sale and delivery of the products listed below ("Product/Products") ordered electronically from , in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.

2.2. The BUYER accepts and declares that he/she has been informed by the SELLER in a clear, understandable and internet-friendly manner (e-commerce) regarding the SELLER's name, title, full address, telephone and other contact information, basic characteristics of the goods for sale, sales price including taxes, payment method, delivery conditions and expenses, etc., all preliminary information regarding the goods for sale, the use of the right of "withdrawal" and how to use this right, official authorities to whom he/she can submit his/her complaints and objections, etc., and that he/she has confirmed this preliminary information electronically and subsequently ordered the goods, in accordance with the provisions of this contract.

www.knitology.com.tr The preliminary information on the website, the membership agreement, the information text regarding personal data and the invoice issued upon the order placed by the BUYER are integral parts of this agreement.

  1. CONTRACTUAL PRODUCT/PAYMENT/DELIVERY INFORMATION

PRODUCT INFORMATION:

The type, quantity, brand/model, colour, number, sales price and payment method of the Goods/Product/Service are as stated below.

*Type of Goods/Product           :

*Brand/Model            :

Color                            :

*Number                                      :

*Sales Price(excluding VAT)             :

Shipping Fee               :

Payment Method                 :

*Shipping Address         :

Person to be Delivered    :

*Invoice Address                         :

3.1. The type and kind of product/products purchased electronically, quantity, brand/model, sales price, payment method, recipient, delivery address, invoice information and shipping fee are as stated above.

3.2. The person to be invoiced and the person who made the contract must be the same.

3.3. The information in this contract must be accurate and complete. BUYER agrees to fully cover any damages that may arise from the inaccuracy or incompleteness of this information, and BUYER also accepts all consequences and responsibilities that may arise from this situation. SELLER reserves the right to stop the order until it is sure of the accuracy of the information provided by BUYER and in cases where it deems necessary.

3.4.If the SELLER detects a problem with the order and cannot reach the BUYER via the phone, e-mail and mail addresses provided by the BUYER, the SELLER suspends the order until it reaches the BUYER and expects the BUYER to contact it within this period. If no response is received from the BUYER within this period or if the BUYER does not reach the SELLER, the SELLER cancels the order in order to prevent damage to both parties.

  1. CONTRACT DATE AND FORCE MAJEURE

4.1. The contract date is …………………., the date on which the order is placed by the BUYER.

4.2. Situations that do not exist or are not foreseen at the time the contract is signed, that develop beyond the control of the parties and that make it impossible for the SELLER to partially or completely fulfill its debts and responsibilities undertaken under the contract or to fulfill them on time, obstacles that may arise during customs, policies of countries during export, state of emergency, force majeure (natural disaster, war, terror, riot, changing legislative provisions, seizure or strike, lockout, significant failure in production and communication facilities, etc.) will be considered.

4.3. SELLER shall not be liable for any damages arising from force majeure or extraordinary circumstances such as adverse weather conditions, interruption of transportation and/or technical reasons preventing transportation, etc.If the BUYER cannot deliver the product(s) subject to the distance sales contract within the time limit due to reasons, the BUYER is obliged to notify the BUYER of the situation within 3 (three) days. In this case, the BUYER may exercise one of the following rights: cancellation of the order, replacement of the product(s) subject to the distance sales contract with a similar one, if any, and/or postponement of the delivery period until the elimination of the impeding situation. In the event that the BUYER cancels the order, the amount paid by the BUYER shall be paid to the BUYER within 14 (fourteen) days.

4.4. The party in whose person the force majeure occurs shall immediately notify the other party in writing of the situation. No liability shall arise for the parties' failure to fulfill their obligations during the continuation of the force majeure. If this force majeure situation continues for 30 (thirty) days, each party shall have the right to terminate this contract unilaterally.

  1. RIGHTS AND LIABILITIES OF THE SELLER

5.1. The seller accepts and undertakes to fully perform the obligations assigned to it in this distance sales contract, except for force majeure situations.

5.2. Persons under 18 (eighteen) years of age www.knitology.com.tr cannot shop. SELLER will take into account that the age stated by the BUYER in the contract is correct. However, SELLER cannot be held responsible in any way due to the BUYER writing his/her age incorrectly.

5.3. SELLER is not responsible for price errors that occur due to system errors and, based on this, for advertising, pricing and all other errors that may occur due to interventions on the system, design or illegal means on the SELLER's website. BUYER cannot claim rights and/or receivables from SELLER based on system errors.

5.4. www.knitology.com.tr You can make purchases using a credit card (Visa, MasterCard, etc.).

5.5. The time the orders are taken into process is not the time the order is given, but the time the necessary collection is made from the credit card account. Payment methods such as paid shipment or postal checks that are made without consultation with customer services are not accepted.

5.6. In case the payment for the product(s) subject to the distance sales contract is made by the BUYER via credit card, all legal risks, including the unfair and unlawful use of the credit card by unauthorized persons, which may arise from the difference between the BUYER and the credit card owner or the person to whom the product will be delivered, belong to the BUYER. The BUYER accepts and undertakes that it will not make any claims from the SELLER in the event of any damages in the aforementioned cases.

5.7. If the relevant bank or financial institution does not pay the price of the product to the SELLER due to the unfair or illegal use of the BUYER's credit card by unauthorized persons for reasons not caused by the BUYER's fault after the delivery of the product, the product must be sent to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, the shipping costs belong to the BUYER.

  1. RIGHTS AND LIABILITIES OF THE BUYER

6.1. BUYER accepts and undertakes to fully perform the obligations assigned to it in the contract. BUYER accepts and undertakes that by placing an order, it is deemed to have accepted the terms of the contract and will make the payment in accordance with the payment method specified in the contract.

6.2. BUYER, www.knitology.com.tr The customer accepts and declares that he/she has received information on the website regarding the SELLER's name, title, full address, telephone and other contact information, basic characteristics of the goods for sale, sales price including taxes, payment method, delivery conditions and expenses, etc., all preliminary information regarding the goods for sale, the use of the right of "withdrawal" and how to use this right, official authorities to whom he/she can submit his/her complaints and objections, etc. in a clear, understandable and internet-friendly manner, and that he/she has confirmed this preliminary information electronically.

6.3. Depending on the previous article, the BUYER is obliged to read the product order and payment terms, product usage instructions, precautions taken against possible situations and warnings. www.knitology.com.tr declares that he/she has read and is informed about the order/payment/usage procedure information and has given the necessary confirmation electronically.

  1. MATTERS OF WHICH THE BUYER WAS INFORMED IN ADVANCE

BUYER confirms and accepts that he/she has been informed about the following matters by seeing and examining all general and special explanations on the relevant pages and sections of the website before the BUYER accepts and establishes this Agreement on the SELLER's website and before placing the order or assuming the payment obligation.

  • SELLER's title, contact information and current introductory information,
  • Appropriate tools and methods for the stages of the sales process during the purchase of the Product/Products from the SELLER's website and for the correction of incorrectly entered information,
  • The privacy, data usage-processing and electronic communication rules to the BUYER applied by the SELLER for the BUYER information and the permissions given by the BUYER to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER and the methods of exercising the rights of the parties,
  • Shipping restrictions for the Product/Products as set forth by the SELLER,
  • The payment method-instruments accepted by the SELLER for the Product/Products subject to the contract, the basic features-qualifications of the Product/Products, the total price including taxes (the total amount to be paid by the BUYER to the SELLER, including the relevant expenses)
  • Information on the procedures for delivering the Product/Products to the BUYER and shipping-delivery-cargo costs,
  • Other payment/collection and delivery information regarding the products and information regarding the performance of the Agreement, the commitments and responsibilities of the parties in these matters,
  • Products and other goods and services for which the BUYER does not have the right of withdrawal,
  • In cases where the BUYER has the right of withdrawal, the conditions, period and procedure for exercising this right and the fact that the BUYER will lose his right of withdrawal if the right is not exercised within the time limit,
  • For products with a right of withdrawal, if the Product is damaged or changed due to not being used in accordance with the instructions for use, its normal operation or technical specifications within the withdrawal period, the BUYER's withdrawal request may not be accepted and the BUYER will be liable to the SELLER in any case. In cases where the SELLER accepts, it may collect an amount it deems appropriate for the damage or change in question as a deduction (set-off) from the refund to be made to the BUYER.
  • In cases where the right of withdrawal exists, how the Products can be returned to the SELLER and all related financial issues (return methods, costs and refund of the Product price and reward points earned/used by the BUYER during the return, free products in promotional sales, other free/discounted/discounted opportunities provided, gift certificates, etc.).(Including discounts and offsets that can be made from the refund to the BUYER for future payments and additional collections from the BUYER if this is not sufficient.)
  • If the BUYER is a legal entity, he/she cannot exercise his/her "consumer rights", especially the right of withdrawal, for the Products purchased for commercial or professional purposes (for example, bulk purchases are considered to be of this nature in any case).

  1. ORDER/PAYMENT PROCEDURE

8.1. ORDER:

8.1.1. After the products added to the shopping cart are approved by the BUYER in the currency specified on the site for the country or region where the order is placed, including VAT (total installment amounts in installment transactions), they are processed via bank POS. Therefore, an order confirmation email is sent to the customer before the orders are shipped. Shipment is not made without an Order Confirmation email.

8.1.2. Any disruption in the process or problems that may arise regarding the credit card will be notified to the BUYER using one or more of the telephone/fax/e-mail channels specified in the contract. If necessary, the BUYER may be asked to contact his/her bank.

8.1.3. In the event that it is understood that the contracted goods cannot be supplied due to a legitimate reason and/or a stock problem is encountered, the BUYER is immediately informed in a clear and understandable manner and asked which of his/her optional rights he/she has used and, in case of approval, another good of equal quality and price may be sent to the BUYER. It may be waited for the product to be in stock or for the other obstacle preventing delivery to be eliminated and/or the order may be cancelled and the fee refunded.

8.1.4. In cases where it becomes impossible to fulfill the obligation to deliver the goods subject to the contract, the BUYER will be informed of this situation, the total amount paid and any documents that put him under debt will be returned to him within ten days at the latest, and the contract will be cancelled. In such a case, the BUYER will not have any additional material or moral damage claims from the SELLER.

8.2. PAYMENT:

8.2.1. If the relevant bank or financial institution does not pay the price of the product to the SELLER due to the unfair or illegal use of the BUYER's credit card by unauthorized persons for reasons not caused by the BUYER's fault after the delivery of the product, the BUYER is obliged to send the product delivered to him/her back to the SELLER within 10 days, unused, in the same condition as it was delivered to him/her. In such cases, the shipping costs belong to the BUYER.

8.2.2. If the BUYER has chosen to make payment by credit card, the BUYER accepts, declares and undertakes that he/she will also confirm the relevant interest rates and default interest information from his/her bank, and that the provisions regarding interest and default interest will be applied within the scope of the "Credit Card Agreement" between the Bank and the BUYER in accordance with the provisions of the legislation in force.

  1. SHIPPING/DELIVERY PROCEDURE

9.1. SHIPMENT:

Once the order confirmation e-mail is sent, the product/products are delivered to the SELLER's contracted cargo company.

9.2. DELIVERY:

Delivery Address: ……….

Person to be Delivered: ………

Shipping Fee: …….. TL,

9.2.1. The shipping fee is added to the total amount of the order and paid by the BUYER. It is not included in the product price. The product/products will be delivered to the BUYER's address by the SELLER's contracted cargo company.

9.2.2. SELLER may not reflect all or part of the shipping fee to BUYER depending on the campaigns it runs at the time of sale and/or the terms of which it announces on its website. SELLER reserves the right to change the procedures and methods applied for shipping fee in the future.

9.2.3. The delivery period is 30 days from the date of sending the Order confirmation e-mail and the establishment of the contract. This period may be extended by a maximum of ten days, provided that the BUYER is notified in advance in writing or via a continuous data carrier. Products are sent to regions where cargo companies do not deliver to addresses with a telephone notification.

9.2.4. In regions where the Cargo Company delivers once a week, in cases of errors or omissions in the shipping information, in some social events and natural disasters, there may be a delay in the specified day period. BUYER cannot impose any liability on SELLER due to these delays.

9.2.5. If the product is to be delivered to a person/organization other than the BUYER, the SELLER is not responsible for any extra shipping costs that may arise from the person/organization to whom the delivery is made not accepting the delivery, incorrect shipping information and/or the BUYER not being at the location. If the product/products do not reach the customer within the specified days, delivery problems info@knitology.com.tr should be reported immediately to the customer services located at .

9.2.6. In case of damaged packages; Damaged packages should not be accepted and a report should be prepared by the Cargo Company. If the Cargo Company official is of the opinion that the package is not damaged, the BUYER has the right to open the package there, check that the products were delivered without damage and request that the situation be recorded in a report. Once the package is accepted by the BUYER, it is accepted that the Cargo Company has fulfilled its duty. If the package is not accepted and a report is prepared, the situation should be reported to the SELLER Customer Services as soon as possible, together with the copy of the report that is kept by the BUYER.

  1. PROCEDURE FOR PRODUCT RETURN AND RIGHT OF WITHDRAWAL

10.1. PRODUCT RETURN:

10.1.1. For seasonal products, the BUYER has the right to withdraw from the contract within fourteen days after receiving the goods without giving any reason and without paying any penalty. For discounted products, only the exchange option is applied.

10.1.2. The period for exercising the right of withdrawal will start from the delivery of the final product to you or to a third party, excluding the carrier company, that you have designated on your behalf, in case of multiple orders, and from the delivery of the product to you or to a third party, excluding the carrier company, that you have designated on your behalf, in case of single orders.

10.1.3. The right of withdrawal notification can be sent clearly and in writing to one of the addresses below.

Notice of Withdrawal

Email:            :

Fax:    :

Mailing Address:    :

10.1.4. The period of right of withdrawal starts from the day the goods are delivered to the BUYER.  For orders placed outside of Türkiye, a difference in tax fees may be requested regarding the shipping cost.If the BUYER exercises his right of withdrawal, the SELLER will refund the product price within fourteen days at the latest, unless there is any reason to justify the delay.

10.1.5. There is no right of withdrawal for goods prepared in accordance with the BUYER's wishes and/or clearly his personal needs.

10.1.6. The decrease in the value of the goods received, their use or the existence of a reason that makes return impossible does not prevent the use of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the fault of the consumer, the consumer must compensate the SELLER for the value of the goods or the decrease in its value.

  1. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

There is no right of withdrawal in contracts regarding the goods/services listed below, even if they have not been used/utilized.

  1. Goods prepared in line with the BUYER's special requests or personal needs (including those made specific to the person/personal needs by making changes or additions, special Products imported/procured from within the country or abroad based on the BUYER's order)
  2. Goods that can spoil quickly or may expire, such as cosmetics and similar products, chocolate, etc., and foodstuffs,
  3. Cosmetics, swimsuits, underwear products, etc., goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable in terms of health and hygiene, and single-use products,
  4. Products that are mixed with other products after delivery and cannot be separated due to their nature,
  5. All kinds of digital content products and computer consumables such as books, CDs, DVDs, audio and video recordings, software, etc. whose protective elements such as packaging, tape, seals, packages have been opened.
  6. Goods related to periodical publications such as newspapers and magazines, other than those provided under the subscription agreement,
  7. Goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller/provider,
  8. If the packaging of services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer, sound or image recordings, books, digital content, software programs, data recording and data storage devices, computer consumables is opened by the BUYER, the products in question,
  9. In general, it is not possible to return other goods and services that are considered outside the scope of distance selling in accordance with the relevant legislation and the cases where the BUYER has purchased for commercial/professional purposes. In addition, it is not possible to use the right of withdrawal for services that have started to be performed with the consumer's approval before the expiration of the right of withdrawal period, according to the Regulation.
  1. SECURITY

13.1. All personal data belonging to the BUYER and included within the scope of this distance sales contract may be used for the purpose of providing the service, creating customer portfolios, carrying out quality monitoring processes, carrying out post-service transactions such as returns and withdrawals, and improving our services.

13.2. In transactions made online by the BUYER directly through banks and similar card institutions, your card information is not seen or recorded by us. Credit Card information is only used to obtain authorization by being securely transmitted to the relevant banks during the collection process and is deleted from the system after the authorization.

13.3. The information provided by the BUYER to the SELLER for payment purposes using the information specified in this contract will not be shared with third parties by the SELLER.

13.4. Information such as the BUYER's e-mail address, mailing address and telephone are used only by the SELLER for standard product delivery and notification procedures. This information is required solely for the purpose of delivering the purchased product to you.

13.5. If the BUYER contacts the SELLER, contact information and details may be processed to fulfill the requirements of complaints and requests, to carry out these processes and to create customer portfolios.

13.6. In some periods, commercial electronic messages such as campaign information, information about new products, and promotional information may be sent to the BUYER after approval.

13.7. SELLER will share the name, surname, address and telephone information of the BUYER with the relevant cargo service provider companies in order to deliver the orders.

13.8. SELLER may only disclose this information to relevant public institutions and organizations within the scope of its legal obligation or legal liability. If SELLER has the information requested from it within the scope of any legal investigation with documented investigative capacity, it may provide it to the relevant authority.

  1. IN CASE OF DISPUTE, COMPETENT COURTS AND ENFORCEMENT OFFICES

In case of dispute arising from the implementation of this contract, SELLER records (including records on magnetic media such as computers and voice recordings) constitute definitive evidence.

Without prejudice to the relevant provisions, this Agreement shall be in force until the parties fulfill their payment/delivery obligations.

Turkish law will be applied for the terms of this contract and Consumer Arbitration Committees and Consumer Courts in the SELLER's place of residence are authorized up to the value declared by the Ministry of Industry and Trade every December. By approving the order, the BUYER is deemed to have accepted all the terms of this contract.