Distance Selling Contract
Article 1- Parties
Name: Kybele Concept
Name – surname
Article 2- Subject of The Agreement
Subject of this Agreement is to determine the rights and liabilities of the parties by virtue of the Law on the Protection of Consumers, No.4077, and the provisions of the Basis and Procedures of the Distance Contracts Regulations in regard with the sale and delivery of the goods and services that are mentioned with their sale prices and have basic characteristics mentioned in the Agreement in relation with the goods of which order is placed by the Buyer in electronic media at http://kybeleconcept.com web site owned by the Seller.
The Buyer agrees and declares that he/she/it is clearly informed by the Seller and aware of the seller’s name, title, address, phone and other contact information and the basic characteristics of the goods/services subjected to sale, sale price inc tax, terms of payment, terms of delivery etc. as well as he/she/it is aware of all necessary preliminary information about official authorities where to submit complaints and raise an objection about goods/services subjected to sale and right of withdrawal including how to avail him/her/itself of this right; and he/she/it confirms preliminary information through the electronic media and later places order for goods/services according to the provisions of this Agreement. The preliminary information on http://kybeleconcept.com web site and the invoice which is issued upon an order placed by Buyer are the integrated part of this contract.
Article 3- Subject of The Agreement / Product / Payment / Delivery Information
The type, model, quantity, sale price, terms of payment, ship-to party, delivery address, invoice information, shipment /courier fee of the product(s) purchased electronically are as follows. The person who will be billed is required to be the same with the person who makes this contract. The following information must be accurate and complete. The Buyer accepts to indemnify all the loss and damages fully that caused by giving missing or wrong information including all the responsibilities accordingly.
The Seller reserves the right to suspend or terminate the order when deemed necessary if the information provided by the Buyer does not match up with the reality. In the case of finding out a problem concerning an order or failing to reach the Buyer by phone, email and mail address provided by the Buyer; then the Seller shall have right to suspend the order processing for 15 (fifteen) days It is expected that the Buyer will contact the Seller during such a period. If there is no any respond from the Buyer during this time, then the Seller shall cancel the related order to prevent damage to both sides.
Article 4- Contract date and Force Majeure
Contract Date is ../../…. the date of the order placed by the buyer.
Natural disasters, war, terrorism, riots, changed legislation, confiscation or strike, lockout, significant breakdown in the production and communication facilities etc.., as well as reasons beyond the reasonable control of the Parties, and which did not exist or could not have been anticipated at the signing date of this Agreement, which prevent and/or delay either or both of the Parties performing their obligations in full or partial hereunder shall be deemed as a force majeure event. The Party faced with a force majeure event shall immediately notify the other Party in writing. The performance of the Parties shall be suspended throughout the period of a force majeure event.
The Parties shall not be liable to perform their obligations fully and promptly due to the force majeure. If a force majeure event continues for 30 (thirty) days], either Party shall have the right to unilaterally terminate this Agreement.
Article 5- Rights and Obligations of the Seller
5.1. The Seller acknowledges and undertakes to fulfill its obligations subject to this Agreement except circumstances of the force majeure in accordance with Law nr.4077 on the Protection of Consumers and the provisions of the Basis and Procedures of the Distance Contracts Regulations.
5.2. http://kybeleconcept.com shall not be liable if information on this site contains typographical errors or inaccuracies that may relate to pricing based on system failure. Therefore, the Seller shall not be liable for any errors that may relate to pricing, promotions and offers on the internet caused by any design or system failure or inappropriate interventions by unauthorized users. No any claims against the Seller will be allowed based on system failure.
5.3. You may use a credit card (Visa, Master Card) or bank transfer when shopping online via http://kybeleconcept.com. Orders which the related remittance has not been made in full within a week after the date of the order, shall be cancelled. The time when an order is put into process is not the time of giving an order but it is the moment when the necessary payment is made through your credit card or when your bank transfer (electronic funds transfer – EFT) is deposited securely into bank accounts. Payment methods by wire transfer or postal cheque without contacting the customer service shall not be accepted.
Article 6- Rights and Obligations of the Buyer
6.1. The Buyer acknowledges and undertakes to fulfill its obligations subject to this agreement except circumstances of the force majeure.
6.2. By placing order, the Buyer acknowledges and undertakes that she/he/it has confirmed provisions of this agreement and shall make all payments complying with the method of payment specified by this agreement.
6.3. The Buyer agrees and declares that he/she/it is aware of the Seller’s name, title, address, telephone and other contact information and the basic characteristics of the goods/services subjected to sale, terms of payment, terms of delivery etc. as well as he/she/it is aware of all necessary preliminary information about official authorities where to submit their complaints and raise any objection about goods/services subjected to sale and right of withdrawal including how to avail him/her/itself of this right and has confirmed those preliminary information.
6.4. The Buyer when trying to return a product, he/she agrees and undertakes that a returned product must be unused and in the same condition and original packaging with the original invoice and delivery note as a proof of purchase in which he/she received it.
Article 7- Ordering / Payment Procedure
After the Buyer confirms the total price inc. taxes (VAT) if available of the product(s) in the shopping cart, the payment is processed by the relevant bank.
In case of any disruption in the process or any problems may arise with respect to credit cards, will be informed to the Buyer by phone/fax/e-mail indicated in the contract by the Buyer, as long as it is known by the SELLER. Also the Buyer may be requested to check with his/her/its bank if necessary. The time when an order is put into process is not the time of giving an order but it is the moment when the necessary payment is made through your credit card or when your bank transfer (electronic funds transfer – EFT) is deposited securely into bank accounts.
If the Seller cannot supply the ordered product due to an exceptionally right reason or if the stock problems arise, the Buyer is clearly informed. In the case of the Buyer confirmation in such a situation, other product with an equal quality/price or other new product selected by the Buyer can be sent. Or the parties can wait conditions blocking the delivery to be removed or the order can be cancelled by the SELLER OR BUYER.
In the cases that the delivery of the ordered product becomes impossible; the Buyer is informed, all the payments are paid back, documents that is a liability for him/her are returned in ten days at most, and the contract is cancelled. In such a situation, the Buyer will not have right to claim any financial and emotional damage from the Seller.
The shopping from http://kybeleconcept.com can be done via cash transfer for those who do not want to share credit card information. The Buyer can choose the bank she/he wishes and make the transfer. If the payment is made by EFT; the date when EFT is deposited into bank accounts, shall be taken in consideration. While transferring money, the Buyer is required to provide the name of the senderand the number of the order.
If the bank or the financial corporate refuses to pay the money to the Seller due to illegal usage of the Buyer’s credit card by unauthorized people, the Buyer has to send the delivered products within 10 (ten) days to the Seller. In this case, cargo charges belong to the Buyer.
If the Buyer prefers to pay by credit card; the BUYER accepts, declares and undertakes to confirm the information from the bank about relevant interest rates and default interest, the provisions of interest and default interest will be applied within the scope of the credit card contract signed between the Bank and the BUYER in accordance with the applied legislation provisions.
Article 8- Shipment / Delivery Procedure
Shipment: Upon sending e-mail for confirmation of the order, the product(s) shall be delivered to the address of the Buyer with the cargo company the Seller agreed.
The products will be delivered to the address of the Buyer with the cargo company the Seller agreed. The Seller delivers the product in 30 (thirty) days after the order confirmation e-mail is sent and the contract is made. The Seller can extend this period for 10 days (at most) more by notifying the Buyer with a constant data carrier or written document.
The products are sent to the areas that are not covered by the cargo company as phone callable cargo.
The delivery period can be extended in the case that delivery address is among those the cargo company delivers in a day throughout the week, that delivery information is incorrect or missing, and that some social or natural events like natural disasters. These extensions do not bring any responsibilities to the Seller. The Seller is not responsible for any situations that the ship- to person reject to take the delivery, extra cargo expenses if ship-to-take person is not available in the time of delivery, and misinformation about the delivery address. If the products(s) is/are not delivered on the agreed time, the Buyer is to immediately inform the Seller’s customer service via email@example.com .
In the case of damaged package, the Buyer should not take the delivery of the damaged package and have the cargo officer to prepare official report. If the cargo officer disagrees with the package is damaged; the Buyer shall have the right to have the package opened and inspected and then prepared an official report by the cargo officer. After the package is taken by the BUYER, it is accepted that the cargo company done its job properly. If the package is not taken and an official report is prepared, the copy of the report should be sent to the Customer Services (firstname.lastname@example.org) immediately.
Article 9- Procedure Relating to Product Return and Right of Withdrawal
The Buyer has the right to withdraw the contract without showing any reason and paying any penalty expenses within seven days starting from the day she/he/it takes the delivery of the product. In order for return procedures to be done in accordance with Tax Procedure Law Nr 385, the Buyer is required to send one copy of 2 bill pages of the product after fully completing the empty space at the bottom of it provided for returns and signing it. The right of withdrawal period begins from the day when the goods delivered to the buyer. Returning expenses belong to the Buyer.
The Buyer does not have the right of withdrawal if the orders have been specifically prepared according to personal needs or wishes of the Buyer.
After the return notification with the product and the bill is reached to the Seller; all the payments are paid back, documents that is a liability for the Buyer are returned in ten days at most, and the contract is cancelled.
Possible decrease in the value of the returned product is not an obstacle for the use of the right of withdrawal. However, if the loss of value is due to the fault of the Buyer, she/he is required to compensate the loss to the Seller.
For the products who purchased mistakenly, general return period is also seven days. Within this period; opened the package of the product, used or damaged products will not be accepted as return and the price will not be paid back.
For the products who purchased mistakenly; if the package of the product is opened, used or broken or damaged etc and if a product is not in the same condition and original packaging in which was received before will not be accepted as return and the price will not be paid back.
For the return of the product, firstly customer services should be informed. Information of sending the returned product is submitted to the customer by the Seller. Then, after other procedures mentioned above are completed, delivery of the returned product must be done with the same cargo company that the Seller sent the product. In the case of the product is returned appropriately as mentioned in this contract, the return is accepted and the payment is done back to the credit card/bank account. No refund of payment shall be made unless the product is returned. Reflection of the payment to the bank account is under the responsibility of the bank.
If the shopping is made by credit card and installment, the credit card refund procedure is arranged by bank based on the same installment requested by the buyer to purchase a product. In case of the credit card refund for installment payments made by the Buyer through Bank POS; the amount of requested refund is transferred in installment again to the account of the related holder by bank not to put the involved parties in an awkward position after the payment is made in full at one time to the bank by the Seller. The Buyer’s refund will be processed for the installment amounts which the Buyer pays until the purchase is canceled, and a credit will automatically be applied to the Buyer’s credit card just like the original method of payment; each month a credit will automatically be applied to the credit card and it will be reduced from the current debt until the same number of months as the number of installments.
In case of returned of products and services paid by credit card, the Seller shall not arrange any refund of payment in cash due to the the agreement made with the Bank. When a refund of payment is concerned, the Seller shall perform transactions via the related software; because of the Seller is obliged to pay the related amount in cash or on account to the Bank, can not make any payment in cash to the Buyer in accordance with the procedure mentioned as above The credit card refund procedure is arranged by bank upon the payment made in full at one time to the bank by the Buyer in accordance with the procedure mentioned as above.
The products that are used and cleaned in accordance with instructions is under guarantee based on the conditions below during 2 (two) years for any kind of manufacture damage. The responsibility of the Seller is only for the Buyer who is subject to Law numbered 4077. Those who have the commercial qualifications shall be subjected to the regulations of Luxembourgish Commercial Code.
Article 11- Privacy
Any information related to credit cards shall not be retained. It will be only safely transmitted to the bank to take provision and it is deleted from the system after provision. Other information you provided (e-mail address, mail address, phone number etc.) will not be shared with third parties and will be serving to in standard product delivery and informing procedures.
The seller can only reveal this information in the case of a legal/administrative obligation. The seller keeps the right to reveal this information to the legal authorities in the case of an inquest. The seller sometimes can use the contact information of the customer in order to inform the customer about the campaigns and promotions made by the brand after having the approval of the customer.
Article 12- Authorized Court And Enforcement Offices In Case Of Dispute
In case of dispute arising from the implementation of this contract, Arbitration Committees for Consumers and the Consumer Courts in Istanbul are authorized up to the value declared in December of each year by the Ministry of Industry and Trade.
In case of placing an order firmly, the Buyer is considered to accept all the conditions of this contract.