1.1. SELLER:
Title: Kastra Furniture and Decoration Industry Trade Limited Company
Address: Masko Furniture Site 1A Block No:27 – Başakşehir / İSTANBUL
VD: İkitelli / VN: 5270489268
Phone: +90 212 675 15 85
E-Mail: bilgi@kastra.com.tr
MERSIS Number: 4274268572754924
1.2. BUYER:
Name Surname Title: [This information will change according to your order]
Address: [This information will change according to your order]
Phone: [This information will change according to your order]
E-Mail: [This information will change according to your order]
ARTICLE 2 – SUBJECT
This Distance Sales Contract (“Contract”) has been prepared in accordance with the Law on Consumer Protection and the Regulation on Distance Contracts. The parties to this Contract accept and declare that they are aware of and understand their obligations and responsibilities arising from the Law on Consumer Protection and the Regulation on Distance Contracts under the Contract. The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection and the Regulation on Distance Contracts regarding the sale and delivery of goods/services with the qualities specified in the contract, which the Buyer has ordered electronically for the purchase of the products of the Seller through kastra.com.tr or other domain names related to the service provided (“Website”) belonging to Kastra Mobilya ve Dekorasyon Sanayi Ticaret Limited Şirketi.
ARTICLE 3 – PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT
3.1. The type and kind of products, quantity, brand/model, color, sales price including taxes (as quantity x unit price) are as stated in the product content.
Products will vary depending on your order.
3.2. Payment method: [This information will change according to your order]
3.3. On the other hand, since the sales on credit are made only with credit cards belonging to banks, 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.
3.4. The contract enters into force upon approval by the Buyer and is executed upon delivery of the Goods/Services purchased by the Buyer from the Seller to the Buyer. The Goods/Services will be delivered to the person/persons at the address specified by the Buyer in the order form and in this contract.
Delivery Address: [This information will change according to your order]
Person to be Delivered: [This information will change according to your order]
Billing Address: [This information will change according to your order]
The delivery costs of the Goods/Services are the responsibility of the Buyer. If the Seller declares on the website that the delivery fee will be covered by the Seller, the delivery costs will be the responsibility of the Seller. The delivery of the Goods shall be made within the promised period after the Seller’s stock is available and the payment is made. The Seller shall deliver the Goods/Services within 30 (thirty) days from the date the Goods/Services are ordered by the Buyer and reserves the right to extend this period by an additional 10 (ten) days with written notice. If the Goods/Services are not paid by the Buyer for any reason or the payment made is cancelled in the bank records, the Seller shall be deemed to have been released from the obligation to deliver the Goods/Services.
The delivery will be hand-delivered to the BUYER’s address specified above via the cargo company. Even if the BUYER is not at the address at the time of delivery, the SELLER will be deemed to have fulfilled its obligation fully and completely. Therefore, all kinds of damages arising from the BUYER’s late receipt of the product and the expenses incurred due to the product waiting at the cargo company and/or the return of the cargo to the SELLER belong to the BUYER.
ARTICLE 4 – REPRESENTATIONS AND COMMITMENTS OF THE BUYER
4.1. The Buyer declares that he/she has read and is informed about the preliminary information uploaded by the Seller regarding the basic characteristics, sales price, payment method and delivery of the contractual product on the Website and has given the necessary confirmation electronically. Buyers can submit their requests and complaints as Consumers through the channels provided by the Seller’s contact information above.
4.2. By confirming this Agreement and the Preliminary Information Form electronically, the Buyer confirms that he/she has obtained the address, basic features of the ordered products, the price of the products including taxes, payment and delivery information that should be given to the consumer by the Seller before the conclusion of distance contracts, correctly and completely.
4.3. If the Buyer inspects the Goods/Services subject to the Contract before receiving them and receives damaged, broken, torn packaging, etc. and defective Goods/Services from the cargo company, the responsibility belongs entirely to the Buyer. The Goods/Services received by the Buyer from the cargo company officer will be deemed to be undamaged and intact. After delivery, the responsibility for the Goods/Services and any damages belong to the Buyer. If the relevant bank or financial institution does not pay the price of the goods/services to the Seller due to the unfair or illegal use of the Buyer’s credit card by unauthorized persons for a reason not caused by the Buyer’s fault after the delivery of the Goods/Services, the Buyer is obliged to return the Goods/Services to the Seller within 3 (three) days, provided that they have been delivered to the Buyer. In this case, the delivery expenses belong to the Buyer.
4.4. The recipient must enter their information completely and without errors. Telephone number and tax number/TC ID number must be entered for delivery.
4.5. Prices of upholstered products on the website may vary depending on the type and quality of the fabric the product is covered with.
4.6. BUYER declares and undertakes in advance that the personal and other information provided while registering to the Website is true before the law and that he/she will compensate the SELLER immediately and in full for all damages it may suffer due to the untruthfulness of this information.
4.7. BUYER cannot give or share the password given to him/her by SELLER to other persons or organizations, BUYER has the right to use said password. In case BUYER’s password is obtained and someone else makes a transaction with the same password, BUYER is obliged to make the payments resulting from the said transaction to SELLER in full and on time. SELLER reserves all rights to claim compensation and other claims arising from such unauthorized use against all liabilities that may arise from this and all claims and demands that may be put forward against SELLER by third parties or authorized authorities. SELLER may render BUYER’s password permanently or temporarily unusable for any reason such as security etc.
4.8. The BUYER accepts and undertakes to comply with the provisions of the legal legislation and not to violate them while using the Website. Otherwise, all legal and criminal liabilities that may arise will bind the BUYER completely and exclusively.
4.9. The BUYER may not use the Website in any way that disrupts public order, is against general morality, disturbs and harasses others, for an illegal purpose, or infringes on the intellectual and copyrights of others. In addition, the BUYER may not engage in activities or processes that prevent or make it difficult for others to use the services (Spam, Virus, Trojan Horse, etc.).
4.10. The ideas and thoughts declared, written and used by the BUYERS on the Website are entirely the personal opinions of the BUYERS and are binding on the owner of the opinion. These opinions and thoughts have no relation or connection with the SELLER. The SELLER has no responsibility for any damages that third parties may suffer due to the ideas and opinions expressed by the BUYER and any damages that the BUYER may suffer due to the ideas and opinions expressed by third parties.
4.11. BUYER has agreed not to access or use the software and data of other internet users without permission. Otherwise, the legal and criminal liabilities arising from this will belong entirely to the BUYER who uses the software and data without permission.
4.12. SELLER may disclose BUYER’s personal information when requested as a legal obligation or when it believes in good faith that it is necessary to (a) act in accordance with legal requirements or comply with legal processes served on SELLER; (b) protect and defend the rights and property of SELLER and SELLER Website family.
4.13. SELLER has taken measures within the available means to ensure that the Website is free from viruses and similar software. In addition, in order to ensure ultimate security, the user must provide his/her own virus protection system and provide the necessary protection. In this context, by entering the SELLER Website, the BUYER is deemed to have accepted that he/she is responsible for all errors that may occur in his/her own software and operating systems and their direct or indirect consequences.
4.14. SELLER reserves the right to change the content of the site at any time, to change or terminate any service provided to users, or to delete user information and data registered on the SELLER Website.
4.15. The parties accept and declare that all computer records belonging to the SELLER will be taken as the sole and exclusive evidence in accordance with Article 193 of the Civil Procedure Code and that the said records constitute an evidentiary contract.
ARTICLE 5 – SELLER’S DECLARATIONS AND COMMITMENTS
5.1. 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 specifications specified in the order and with the warranty documents and user manuals, if any. If the Seller cannot deliver the product subject to the Contract within the specified time due to force majeure or extraordinary circumstances preventing transportation, it is obliged to notify the Buyer of the situation as soon as possible. If the Goods/Services subject to the Contract are to be delivered to a person other than the Buyer, the Seller cannot be held responsible for the failure of the person to whom the delivery is made to accept the delivery.
5.2. The stock status of the products on sale is updated from the SELLER’s stocks. Despite updates in the Seller’s stocks, the shipping time of products that are out of stock due to reasons beyond our control may be extended. In this case, the customer is informed by phone or e-mail. The order may be changed, the shipment may be waited or the order may be canceled according to the customer’s request. In the event of cancellation of the order, if the payment was made by credit card, it will be transferred back to the credit card, if the payment was made by bank transfer, it will be transferred back to a bank account specified by the customer.
5.3. All product prices sold on the website are determined by the SELLER in accordance with the rules of free economy. This includes the Label Price, Sales Price and Discounted Price. No one, including the BUYER, product manufacturer, importer or distributor, has the authority to force the price to be changed. Spelling errors are an exception.
5.4. When the BUYER places an order, the information entered for the order is checked. Therefore, before the BUYER’s Order is sent, an e-mail confirming the order must first be sent to the BUYER.
5.5. Orders placed after 15:30 on Fridays will be processed on Monday. Orders placed on holidays and public holidays will be processed on the following business day.
5.6. Transportation and delivery charges vary depending on the content of the order, the type of delivery selected and the place of delivery. Transportation fee information can be viewed in detail on the payment screens where the purchase takes place.
5.7. Deliveries are delivered only by the cargo companies determined by the SELLER or by its own distribution network after identity checks. Delivery with a different cargo company cannot be requested. When the ordered Package is received, it must be checked and damaged or faulty packages must not be accepted. When the Package is received, the BUYER’s Order will be deemed to have been delivered completely and intact by the cargo officer.
5.8. SELLER does not make international deliveries.
5.9. SELLER is free to choose the product types to be sold through the virtual store in accordance with its own decisions. BUYER has no right to object on this matter.
5.10. After the order is received, it is prepared by the SELLER and delivered to the cargo company within the specified time. If the ordered product is not delivered within the specified time, the delay is caused by the cargo company and the SELLER cannot be held responsible for the delay. In case of a delay in the delivery of the order, the BUYER is obliged to immediately notify the SELLER.
5.11. BUYER will be able to track his/her shipped order via the Internet using the Cargo Tracking Number sent to him/her in the Order Confirmation.
ARTICLE 6 – RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw by rejecting the goods within 14 days from the delivery of the contractual product to him/her or to the person/institution at the address he/she has indicated, without giving any reason and without paying any penalty. The period of the right of withdrawal starts on the day the contract is established in contracts regarding the performance of services; and on the day the consumer or the third party determined by the consumer receives the goods in contracts regarding the delivery of goods. In order to use the right of withdrawal, it is required that the SELLER is notified by fax, e-mail or telephone within this period and that the content of the box/package of the product is not lost and that the product is in a resalable condition. In case of use of this right, it is mandatory to return the original invoice and a copy of the cargo delivery report stating that the product delivered to the 3rd party or the BUYER was sent to the SELLER. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded. The product price is returned to the BUYER within 14 days from the date the consumer’s notice of withdrawal reaches the seller. The shipping cost, EFT deduction and other expenses of the product returned due to the right of withdrawal are covered by the SELLER.
We undertake that the consumer has the right to withdraw from the contract by rejecting the goods or services within fourteen days from the date of receipt of the goods or signing of the contract, without assuming any legal or criminal liability and without giving any justification, and to take back the goods as of the date the withdrawal notice reaches the seller or provider.
ARTICLE 7 – RETURN PROCEDURE
7.1. Credit Card Refund Procedure: In cases where the BUYER exercises his right of withdrawal or the product in question cannot be supplied for various reasons or the arbitration board decides to refund the amount to the consumer, if the purchase was made by credit card and in installments, the credit card refund procedure is stated below:
The bank makes the refund to the customer in installments, regardless of the number of installments the BUYER purchased the product. After the SELLER pays the bank the entire product price in one go, in the event that the installment expenses made from the bank POS are refunded to the BUYER’s credit card, the requested refund amounts are transferred to the holder accounts by the bank in installments so that the parties involved in the matter do not suffer. The installment amounts paid by the BUYER until the cancellation of the sale will be reflected on the card as 1 refund each month if the refund date does not coincide with the card’s statement closing dates, and the customer will receive the installments he/she paid before the refund for an additional month after the sale installments are completed, as many months as the number of installments he/she paid before the refund, and will be deducted from his/her current debts.
In case of return of goods and services purchased with a card, SELLER cannot make cash payment to the customer due to the contract made with the bank. BUYER workplace, i.e. SELLER, will make the return through the relevant software in case of a return transaction, and since BUYER workplace, i.e. SELLER is obliged to pay the relevant amount to the bank in cash or on account, payment cannot be made to the customer in cash according to the procedure we have explained above. Refund to credit card will be made by the bank in accordance with the above procedure after SELLER makes a single payment to the bank. BUYER accepts and undertakes to have read and accepted this procedure.
7.2. Refund Procedure for Money Order/EFT payment options: In Money Order/EFT payment options, the refund will be made by bank transfer and/EFT to the account specified by the consumer by requesting the bank account information (the account must be in the name of the person at the invoice address or in the name of the user BUYER).
ARTICLE 8 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Unless otherwise agreed by the parties, the consumer cannot exercise the right of withdrawal in the following contracts:
a) Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller or provider.
b) Contracts regarding goods prepared in line with the consumer’s wishes or personal needs.
c) Contracts for the delivery of goods that are perishable or subject to expiry.
ç) Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable for health and hygiene reasons.
d) Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts regarding books, digital content and computer consumables presented in material form, if protective elements such as packaging, tape, seal, package have been opened after delivery of the goods.
f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of a subscription contract.
g) Contracts related to accommodation, goods transportation, car rental, food and beverage supply and the evaluation of free time for entertainment or recreation purposes, which must be made on a specific date or period.
g) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
h) Contracts regarding services that are started to be performed with the consumer’s approval before the expiry of the right of withdrawal period.
Products sold within the scope of the campaign cannot be returned under any circumstances.
ARTICLE 9: LIABILITY ARISING FROM DEFECTS
Defective Goods: Goods that are contrary to the quality or quantity affecting the quality stated on their packaging, label, introduction and user manual or in advertisements and announcements or declared by the seller or determined in their standards or technical regulations, or that contain material, legal or economic deficiencies that reduce or eliminate their value or the benefits expected from them by the consumer in terms of their allocation or purpose of use, are considered defective goods.
The consumer is obliged to notify the seller of the defect within thirty days from the date of delivery of the product. In this case, the consumer has the right to withdraw from the contract, including a refund, to replace the product with a defect-free equivalent, or to request a discount in proportion to the defect, or to request free repair. The seller is obliged to fulfill this request made by the consumer. Along with one of these optional rights, the consumer also has the right to request compensation from the manufacturer-producer in cases where the defective product causes death and/or injury and/or damage to other goods in use.
If those held liable for the defect under this article have not assumed liability for the defect for a longer period, liability for the defective product is subject to a two-year limitation period starting from the date of delivery of the product to the consumer, even if the defect occurs later.
Except for the provisions regarding liability for damages caused by defective goods, the above provisions do not apply to goods purchased knowing that they are defective.
It is mandatory for the manufacturer or seller to place a label on the defective product or its packaging that the consumer can easily read, stating “defective”. This label is not required in places where only defective products are sold or where a section such as a floor or aisle is permanently dedicated to the sale of defective products in a manner that the consumer can know. The fact that the product is defective is indicated on the invoice, receipt or sales document given to the consumer.
Unsafe goods cannot be placed on the market even with a defective label. The provisions of Law No. 4703 on the Preparation and Implementation of Technical Legislation on Products apply to these products.
These provisions also apply to any consumer transaction related to the sale of goods.
Warranty Certificate: Manufacturers or importers must issue a warranty certificate approved by the Ministry for the industrial goods they import or produce. The responsibility for completing the warranty certificate, which includes the date and number of the invoice for the goods, and giving it to the consumer belongs to the seller, dealer or agent. The warranty period begins on the date of delivery of the goods and is at least two years. However, due to their characteristics, the warranty conditions of some goods may be determined by the Ministry in another unit of measurement.
In case of malfunction of the goods covered by the warranty certificate during the warranty period, the seller is obliged to repair the goods without demanding any fee such as labor cost, cost of replaced parts or any other fee.
If the consumer has exercised his/her right to repair, he/she may exercise his/her optional rights in cases where the product is not used continuously due to frequent malfunctions during the warranty period, or the maximum time required for repair is exceeded, or it is understood that repair is not possible. The seller cannot reject this request. If this request of the consumer is not fulfilled, the seller, dealer, agent, manufacturer-producer and importer are jointly and severally liable.
Malfunctions resulting from the consumer’s use of the product contrary to the matters stated in the user manual are outside the scope of the provisions of the second and third paragraphs.
The Ministry is responsible for determining and announcing which industrial goods must be sold with a warranty certificate and the maximum periods required for the repair of the faults of these goods, after consulting the Turkish Standards Institute.
Warranty and Repair Period: The warranty period starts from the date of delivery of the product to the consumer and is at least two years and/or the value determined by the unit of measurement in the attached list.
If the warranty period is determined in another unit of measurement, the product must have a mechanism for determining this unit of measurement or its structure must be suitable for determining this value. Otherwise, the warranty period is assumed to be 2 years.
In case of malfunction of the product, the time spent in repair is added to the warranty period.
The repair period of the product cannot exceed the maximum repair period declared in the regulation. This period starts from the date of notification of the malfunction of the product to the service station or, in the absence of a service station, to the seller, dealer, agency, representative, importer or manufacturer-producer of the product. The consumer can notify the malfunction by telephone, fax, e-mail, registered mail or similar means. However, in case of disagreement, the burden of proof belongs to the consumer.
ARTICLE 10 – DEFAULT PROVISIONS
In case the parties fail to fulfill their obligations arising from this contract, the default provisions in Articles 106-108 of the Code of Obligations shall apply. In cases of default, if any party fails to fulfill its obligations within the period without a justified reason, the other party shall grant the party that has failed to fulfill its obligation a period of 7 days to fulfill the obligation in question. If it is not fulfilled within this period, the party that has failed to fulfill its obligation shall be deemed to be in default and the creditor party may request the fulfillment of the obligation and delay compensation due to the non-fulfillment of the obligation or may request the compensation for the damages arising from the non-fulfillment of the obligation by informing the other party that it waives these rights or may withdraw from the contract. In case of withdrawal from the contract, the parties shall be mutually relieved of their obligation to fulfill and may request the return of the obligations they have previously performed. In this case, the debtor shall be obliged to compensate the creditor for the damages incurred due to the invalidation of the contract unless he proves that he is faultless. The interest rate to be applied in case of default is the overnight borrowing interest rate of the Central Bank of the Republic of Turkey (CBRT) in effect on the date the debt arises.
If the Seller cannot deliver the product subject to the contract within the specified time due to force majeure or extraordinary events such as adverse weather conditions, interruption of transportation, fire, earthquake, flood that may prevent the Seller from fulfilling this obligation, the Buyer may exercise one of the rights of canceling the order or postponing the delivery period until the preventing situation is eliminated, as the Seller has no responsibility. If the BUYER cancels the order, the amount paid will be paid to the BUYER within 14 days. (For purchases made in installments with a credit card, the above procedure for refund to the credit card is accepted by the BUYER.)
ARTICLE 11 – COMPETENT COURT
If consumers have problems with the Seller and the Seller is unable to resolve the problem, they can apply to the Consumer Problems Arbitration Board in the place where they purchased the product or where they reside for complaints and objections regarding transactions with a product price of up to 66,000.00 TL; and to the Consumer Court in the place where they purchased the product or where they reside for complaints and objections regarding transactions with a product price of over 66,000.00 TL.
In accordance with the Communiqué on the increase of monetary limits in Article 68 of the Law No. 6502 on the Protection of Consumers and Article 6 of the Regulation on Consumer Arbitration Committees, the lower monetary limit for the provincial arbitration committees operating in the provinces with metropolitan status to be authorized and tasked with hearing disputes is 66,000.00 TL.
ARTICLE 12 – ENFORCEMENT
This Agreement, consisting of 12 (twelve) articles, has been concluded by being read by the Parties and approved electronically by the Buyer, and has entered into force immediately.
SELLER: Kastra Furniture and Decoration Ind. Trade Ltd. Co.
BUYER: [This information will change according to your order]
