Sales Agreement PRE-INFORMATION

Sales Agreement
PRE-INFORMATION

ARTICLE 1 SELLER INFORMATION

ARTICLE 1.1 – SELLER
Title: KARE TEKSTİL SANAYİ VE DIŞ TİCARET LTD. ŞTİ.
Address: BEYLIKDÜZÜOSB MAH. AÇELYA CAD. NO: 45 IÇ KAPI NO: 1 BEYLIKDÜZÜ/ ISTANBUL
Phone: +90 212 517 48 16
Fax: +90 212 517 48 28

ARTICLE 1.2 - BUYER

The person who registers as a member on the shopping site artimagaza.com as a customer. The address and contact information used during membership are taken as basis.


ARTICLE 2 CHARACTERISTICS OF THE PRODUCT SUBJECT TO SALE

The main characteristics of goods or services are published at www.artimagaza.com. You can review the basic features of the product during the campaign period.

Listed and advertised prices on the site are the sales prices. Advertised prices and claims are valid until they are updated and changed. Time-limited advertised prices are valid until the end of the specified period.

The type, quantity, brand/model, color, unit count, sales price, payment method of the goods/product/service consist of the information at the moment the order is completed.

Product shipping cost (cargo fee) will be paid by the BUYER and is non-refundable.


ARTICLE 3 GENERAL PROVISIONS


3.1) The BUYER declares that they have read and are informed about the preliminary information regarding the product's basic features, sales price and payment method, and delivery on the artimagaza.com website and have provided the required confirmation electronically. By confirming this Pre-Information electronically, the BUYER confirms that they have correctly and completely obtained the address, the basic characteristics of the ordered products, the prices including taxes, payment and delivery information that the SELLER must provide to the BUYER prior to concluding distance contracts.
3.2) The contract subject product will be delivered to the BUYER or to the person/organization at the specified address within the period explained in the preliminary information on the website, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal 30-day period for each product.
3.3) The SELLER cannot be held responsible for the product not being delivered to the BUYER due to any problems the cargo company may encounter during the delivery stage to the BUYER.
3.4) The SELLER is responsible for delivering the contract subject product intact, complete, in accordance with the qualities specified in the order and, where applicable, with guarantee certificates and user manuals.
3.5) The SELLER may procure a different product of equal quality and price before the expiration of the performance period, provided that the BUYER is informed and gives explicit consent.
3.6) If the performance of the ordered product or service becomes impossible and the SELLER cannot fulfill its contractual obligations, they shall notify the consumer before the performance period expires and refund the total amount to the BUYER within 10 days.
3.7) Confirmation of this Pre-Information Form electronically is a condition for delivery of the product. If for any reason the product price is not paid or is cancelled in bank records, the SELLER is considered released from the delivery obligation.
3.8) If, after delivery of the product, the BUYER's credit card is used unjustly or unlawfully by unauthorized persons for reasons not attributable to the BUYER and the relevant bank or financial institution does not pay the product price to the SELLER, the BUYER is obliged to return the product to the SELLER within 3 days provided that it has been delivered to them. In this case, the shipping expenses shall be borne by the BUYER.
3.9) If the SELLER cannot deliver the contract subject product within the period due to force majeure or extraordinary circumstances such as adverse weather preventing transport or interruption of transportation, the SELLER is obliged to notify the BUYER. In this case, the BUYER may choose one of the rights to cancel the order, to replace the product with its equivalent if any, and/or to postpone the delivery period until the obstructing situation is eliminated. If the BUYER cancels the order, the amount paid shall be paid to them in cash and in one installment within 10 days. In case of payments made by credit card, the product amount shall be refunded to the relevant bank within 7 days after the BUYER cancels the order. Since the reflection of this amount to the BUYER's accounts after being refunded to the bank depends entirely on the bank processing, the BUYER hereby accepts in advance that it may take on average 2 to 3 weeks for the amount refunded by the SELLER to the credit card to be reflected in the BUYER's account and that it is not possible for the SELLER to intervene in possible delays.

ARTICLE 4 RIGHT OF WITHDRAWAL (CANCELLATION)

The BUYER; in distance contracts regarding the sale of goods (except Concert and Event Tickets), may exercise the right of withdrawal by rejecting the goods and withdrawing from the contract without assuming any legal and criminal liability and without giving any reason within 14 (fourteen) days from the date of delivery to themselves or to the person/organization at the address they indicated. For distance contracts related to service provision, this period begins on the date the contract is signed. The right of withdrawal cannot be used in service contracts where the performance has begun with the consumer's consent before the end of the withdrawal period. The costs arising from the exercise of the right of withdrawal are borne by the SELLER.


To use the right of withdrawal, a written notice must be made to the SELLER by registered mail with return receipt, fax or e-mail within 14 days and the product must not have been used within the framework of Article 5. In case of exercising this right,

a) The invoice of the product delivered to the 3rd party or to the BUYER (If the invoice of the product to be returned is corporate, when returning it must be sent together with the return invoice issued by the institution. Corporate order returns whose invoice is arranged in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)

b) Return form,

c) The products to be returned must be delivered completely and undamaged together with their box, packaging, and any standard accessories, if any.

d) The SELLER shall return the total amount and the documents putting the buyer under obligation to the BUYER within at most 10 days from the date the withdrawal notice reaches it and shall take back the goods within 20 days.

e) If the value of the goods decreases due to a fault of the BUYER or if the return becomes impossible, the BUYER shall compensate the SELLER for the damages in proportion to the fault.

f) If the use of the right of withdrawal causes the campaign limit amount set by the SELLER to fall below the campaign threshold, the discount amount used under the campaign will be cancelled.

g) Regarding the shipping fee paid when the returned product is sent back to the seller: for domestic orders the shipping fee will be covered by the SELLER; for international orders it will be covered by the BUYER.

h) The SELLER does not refund the shipping fee collected from the BUYER when selling the product.


ARTICLE 5 PRODUCTS THAT CANNOT BE RETURNED

Returns are not possible, pursuant to the Regulation, for goods that are prepared according to the BUYER's requests or clearly according to his/her personal needs, goods that are by nature not suitable for return, perishable goods or goods with a short shelf life or likely to pass their expiry date, and, provided that the packaging has been opened by the BUYER, audio or video recordings, software programs and computer consumables.


The application of this Pre-Information is subject to the Consumer Arbitration Boards and Consumer Courts at the place where the BUYER purchased the goods or services and where the BUYER resides, up to the amount announced by the Ministry of Industry and Trade. The SELLER may apply to consumer arbitration boards or consumer courts within the monetary limits determined each year in December by the Ministry of Industry and Trade for complaints and objections. Information about the monetary limits is as follows:

Effective from 1/1/2012:
/
a) The lower monetary limit, according to the amended Article 22 paragraphs 5 and 6 of Law No. 4077 on Consumer Protection, for decisions of consumer arbitration boards to be binding and to be evidence in upper or consumer courts is 1,161.67 TL,
b) According to the Consumer Problems Arbitration Boards Regulation published in the Official Gazette dated 1/8/2003 and numbered 25186, in provinces with metropolitan status the lower monetary limit for provincial arbitration boards authorized to handle disputes is 3,032.65 TL.

This Pre-Information is made for commercial purposes.




DISTANCE SALES CONTRACT

ARTICLE 1 – PARTIES

1.1 – SELLER
Title: KARE TEKSTİL SANAYİ VE DIŞ TİC. LTD. ŞTİ.
Address: BEYLIKDÜZÜOSB MAH. AÇELYA CAD. NO: 45 IÇ KAPI NO: 1 BEYLIKDÜZÜ/ ISTANBUL
Phone: +90 212 517 48 16
Fax: +90 212 517 48 28
E-mail address: [email protected]

1.2 – BUYER

The person who is a member of the artimagaza.com shopping site.

The address and contact information used during membership are taken as basis.

ARTICLE 2 – SUBJECT

The subject of this contract is the determination of the rights and obligations of the parties in accordance with the Law No. 6502 on the Protection of Consumers and the Regulation on the Application Principles and Procedures of Distance Contracts, regarding the sale and delivery of the product whose characteristics and sales price are specified below, which the BUYER ordered electronically from the SELLER's artimagaza.com Internet site.

ARTICLE 3 – PRODUCT OF THE CONTRACT
The type, quantity, brand/model, color, unit count, sales price, payment method of the goods/product/service consist of the information at the moment the order is completed.

ARTICLE 4 – GENERAL PROVISIONS
4.1 The BUYER declares that they have read and are informed about the preliminary information regarding the basic characteristics of the contract product, the sale price including all taxes, the payment method and delivery and that its costs will be borne by the BUYER, the delivery time and the SELLER's full commercial title, full address and contact information on the artimagaza.com website and have provided the required confirmation electronically.

By confirming this contract electronically, the BUYER confirms that they have correctly and completely obtained the address, the basic characteristics of the ordered products, the prices including taxes, payment and delivery information that must be provided by the Seller to the Consumer before the conclusion of distance contracts.

4.2 The product subject to the contract is delivered to the BUYER or the person/organization indicated by the BUYER within the period explained in the preliminary information on the website depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal 30-day period. Any and all shipping fees related to the delivery shown in Article 3 shall be paid by the BUYER and reflected in the invoice for the order under the name "Shipping Fee".

4.3 If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered refuses to accept the delivery.

4.4 The SELLER cannot be held responsible for the product not being delivered to the BUYER due to any problems the cargo company may encounter during the delivery stage to the BUYER.

4.5 The SELLER is responsible for delivering the product subject to the contract intact, complete, in accordance with the characteristics specified in the order and, if any, with guarantee certificates and user manuals.

4.6 The SELLER may, for a justified reason, supply the BUYER with a different product of equal quality and price before the expiration of the performance obligations arising from the contract.

4.7 If the performance of the ordered product or service becomes impossible and the SELLER cannot fulfill their contractual obligations, they shall notify the consumer before the performance period expires and may supply the BUYER with a different product of equal quality and price.

4.8 Delivery of the product subject to the contract is conditional upon the signed copy of this contract reaching the SELLER and the price being paid by the BUYER in the payment method they chose. If for any reason the product price is not paid or the bank records are canceled, the SELLER is considered released from the delivery obligation.

4.9 The BUYER acknowledges and undertakes that the credit card information they enter into the system during shopping is correct and that all legal and criminal liabilities arising from the use of this credit card belong to them. If, after delivery of the product, the BUYER's credit card is used unjustly or unlawfully by unauthorized persons for reasons not attributable to the BUYER and the relevant bank or financial institution does not pay the product price to the SELLER, the BUYER is obliged to return the product to the SELLER within 3 days provided that it was delivered to them. In this case, the shipping expenses shall be borne by the BUYER. If the BUYER does not return the product, the BUYER accepts and undertakes that the product price will be transferred to the SELLER's bank accounts without any notice in cases where the product price cannot be collected from the credit card for any reason or the product price is refunded to the credit card.

4.10 If the SELLER cannot deliver the contract product within the period due to force majeure or extraordinary circumstances such as adverse weather preventing transportation or interruption of transportation, they are obliged to notify the BUYER. In this case, the BUYER may choose to cancel the order, to replace the product with its equivalent if any, and/or to postpone the delivery period until the obstructing situation is eliminated. If the BUYER cancels the order, the amount paid will be paid back to them in cash and in one installment within 10 days.

4.11 The points given to a customer by the SELLER through a campaign are valid for only one purchase. These points are not returned even if the product is returned.

For payments made by the BUYER by credit card, the product amount is refunded to the relevant bank within 7 days after the BUYER cancels the order. Since the reflection of this amount to the BUYER's accounts after being refunded to the bank depends entirely on the bank processing, the BUYER hereby accepts in advance that possible delays may occur and that the reflection of the amount refunded by the SELLER to the credit card to the BUYER's account by the bank may take on average 2 to 3 weeks.

ARTICLE 5 – RIGHT OF WITHDRAWAL
The BUYER has the right of withdrawal within 14 days from the date of delivery of the product to themselves or to the person/organization indicated by them, without having to state any reason.

However, products specially prepared for the BUYER for certain days such as New Year, holidays, Mother's Day, etc., products offered for sale and/or imported for such specific days, campaign and promotional products cannot be returned; the BUYER makes the purchase accepting these terms.

To use the right of withdrawal, notification must be made to the SELLER by fax or e-mail within 14 days and the product must not have been used within the framework of Article 6. If this right is used,

a) The invoice of the product delivered to the 3rd party or to the BUYER (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning. Corporate order returns whose invoice is issued on behalf of institutions cannot be completed unless a RETURN INVOICE is issued.)

b) Return form,

c) The products to be returned within 14 days must be delivered completely and undamaged together with their box, packaging and any standard accessories. The amount will be refunded to the BUYER within 10 days following receipt of these documents by the SELLER.

Due to the right of withdrawal, the shipping cost paid for the returned product to be sent back to the seller will be borne by the SELLER for domestic orders and by the BUYER for international orders. The SELLER does not refund the shipping fee collected from the BUYER when selling the product.

When the product is returned to the SELLER, the original invoice presented to the BUYER at the time of delivery must also be returned (to ensure consistency in our accounting records), and if the invoice is not sent to the SELLER together with the product or at the latest within 5 days from the date the product is sent, the return transaction will not be carried out and the product will be sent back to the BUYER cash-on-delivery. The invoice to be returned together with the product must be written on by the BUYER with the note "return invoice" and signed by the BUYER.

ARTICLE 6 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
By nature; single-use products, copyable software and programs, quickly perishable products or products that may pass their expiration date are not accepted for return.

ARTICLE 7 – DEFAULT OF THE DEBTOR
If the BUYER defaults, the BUYER agrees to pay the SELLER for the losses and damages caused by the delayed performance of the debt. If the BUYER's default is due to the SELLER's fault, the BUYER will not be obliged to meet any claim for damages.

ARTICLE 8 – COMPETENT COURT

In the application of this Pre-Information, Consumer Arbitration Boards and Consumer Courts at the place where the BUYER purchased the goods or services and resides are authorized up to the amount announced by the Ministry of Industry and Trade.
The SELLER may make applications regarding complaints and objections within the monetary limits determined each year in December by the Ministry of Industry and Trade to the consumer arbitration board or consumer court in the place where the goods or services were purchased or where the residence is located. Information regarding the monetary limit is as follows:

Effective from 28/05/2014;

a) Pursuant to Article 68 of Law No. 6502 on the Protection of the Consumer, disputes with a value under two thousand Turkish Liras must be applied to district consumer arbitration boards, disputes under three thousand Turkish Liras must be applied to provincial consumer arbitration boards, and in metropolitan provinces disputes between two thousand and three thousand Turkish Liras shall be applied to provincial consumer arbitration boards. Applications to consumer arbitration boards cannot be made for disputes exceeding these amounts.

b) For disputes above the specified value, an application must be made to the Consumer Court; if there is no Consumer Court, an application must be made to the Civil Court of First Instance acting as the Consumer Court.

This pre-information is made for commercial purposes.


Please Note: Before signing the cargo report, please check whether your cargo package is damaged due to transportation. If there is damage to your cargo package for any reason, do not sign any document related to the delivery and return your cargo to the cargo officer in order to request a report. Your new products will be sent to you immediately by us. Artimagaza.com is not responsible for damage to or shortage of the products inside packages accepted as delivered if the cargo package is damaged.


15. All these terms and conditions are subject to Turkish Law.

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