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DISTANCE SALES CONTRACT

DISTANCE SALES CONTRACT

ARTICLE 1: PARTIES
1. SELLER
COMPANY NAME:

KEIKEI Textile and Clothing Industry Trade Joint Stock Company(5420603149)

ADDRESS:

Dolapdere Road, Küçükbayır Street 119/A Şişli/İstanbul

RESTITUTION ADDRESS:

Dolapdere Road, Küçükbayır Street 119/A Şişli/İstanbul

PHONE::

0212 248 81 11

E-MAIL:

[email protected]

REGISTERED E-MAİL ADDRESS:

[email protected]

CENTRAL REGISTRY SYSTEM NUMBER:

0542060314900001

BANK ACCOUNT INFORMATION:

KEIKEI Textile and Clothing Industry Trade Joint Stock Company
Bank: Garanti Bank Harbiye Department
TL Account Number: 078-6297226
TL IBAN:TR03 0006 2000 0780 0006 2972 26
USD Account Number: 078-9085360
USD IBAN: TR48 0006 2000 0780 0009 0853 60

CONTRACTUAL CARGO COMPANY:

YURTİÇİ CARGO

2. BUYER

The person who orders via https://www.keikei.co/ shopping site (Hereinafter referred to as the "Site") and has order number as a customer. The address and contact information used during the sales process will be taken as a basis.

BUYER:

ADDRESS:

PHONE:

E-MAIL:

ARTICLE 2: SUBJECT OF THE CONTRACT

2.1. This distance sales contract’s subject is In case the BUYER has the title of "Consumer"; In accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014 and, the BUYER's habitual residence law within the scope of having the right of withdrawal, if not, Turkish code of obligation and/or Turkish Commercial Law, The sale of the product/products of the BUYER, whose qualities and sales prices are specified in this Agreement and on the site, in the electronic environment through the website of the SELLER named https://www.keikei.co/, payment of these sales, delivery and specify of other rights and obligations of the parties and showing resolution ways of disputes arises form this contract.

2.2. The BUYER accepts and declares that if he/she approves the order subject to this Agreement, he/she will be obliged to pay the price of the product subject to the order and, if any, the shipping fee and other additional charges such as taxes and in particular, for sales whose delivery address is abroad, customs taxes and duties, additional storage and transportation costs, and additional taxes and fees arising from the law of the BUYER's address will be separately responsible, that he/she has been informed about this issue and that he/she is aware of his/her responsibilities and obligations arising from the relevant legislation.

ARTICLE 3:PRODUCT INFORMATIONS

3.1. Kind or type, quantity, brand or model, color, unit price(s), sales price, payment (collection) information of the product / products purchased electronically from https://www.keikei.co/ e-commerce site, and the delivery information including the delivery place notified by the Buyer is as follows.

3.1.1. PRODUCT AND PRICE INFORMATIONS

Product explanation

Number

Unit Price (TL/USD)

Cargo Fee (TL/USD)

Total (TL/USD) (including value-added tax)

Total (TL/USD) (including value-added tax)

The commitments regarding the products on the site may change without notice if they are based on technical reasons or errors.

3.1.2. Payment (Collection) Informations

Payment method, instrument

1-Credit Card2- Bank Transfer EFT

Card number:

Name on the card:

Single Payment with Credit Card

Account Name: KEIKEI Textile and Clothing Industry Trade Joint Stock Company

Bank: Garanti Bankası

Department: Harbiye

TL Account Number: 078-6297226

TL IBAN: TR03 0006 2000 0780 0006 2972 26

USD Account Number: 078-9085360

USD IBAN: TR48 0006 2000 0780 0009 0853 60

3.1.3. Delivery and Invoice Informations

Delivery Informations

Informations
Name, Surname/Name of Company:
Address:
Phone:
E-mail:

Invoice Informations

Information
Name, Surname/Name of Company:
Address:
Phone:
E-mail:
ARTICLE 4: DELIVERY AND INVOICE

4.1. The product/products ordered electronically by the BUYER; provided that the SELLER's stock is available and the fulfillment of the ordered Goods/Services is not possible, it is delivered to the persons at the address specified by the BUYER or the BUYER, without exceeding the legal period of 30 (thirty) days, through the transport contracted cargo company. In the event that this cargo company does not have a branch in the location of the BUYER, the BUYER must receive the product from another nearby branch of the cargo company notified by the SELLER. The SELLER cannot be held responsible in the event that the time due to the cargo company is prolonged.

4.2. The BUYER accepts, declares and undertakes that if the product/products are not present at the address he/she has notified at the time of delivery, the delivery will be valid if the product/products are delivered to the persons against their signature at this address. In the event that the product/products are not delivered within 30 (thirty) days from the date of order, excluding the reasons originating from the cargo company, the BUYER may terminate the Contract.

4.3. Unless otherwise implied, the BUYER pays for delivery costs. If the SELLER declares that the delivery fees will be paid by itself, SELLER pays the delivery costs.

4.4. For the delivery of the product/products subject to the contract, this Agreement must be approved electronically and the sales price must be paid in the form of payment preferred by the BUYER. If for any reason the price of the product/products is not paid or the payment is canceled by the bank, the BUYER accepts, declares and undertakes that the SELLER has the right to abstain from the delivery obligation of the product/products without undertaking any liability.

4.5. The invoice to be issued by the SELLER on behalf of the real or legal person specified by the BUYER and/or the BUYER himself/herself in return for the price of the product/products paid by the BUYER and the shipping fee will be digitally issued within the scope of the e-archive application, sent to the BUYER's e-mail address and/or the product/products will be delivered by the SELLER to the delivery address specified by the BUYER in this Agreement, together with the delivery note or by e-mail upon request. The BUYER accepts, declares and undertakes that in case of any change of address, he/she will notify the SELLER in writing, and that any information given to the SELLER will be correct and truthful, and that the damages arising from false information will belong to her/him.

4.6. This information form and the Agreement are sent to the e-mail address provided by the BUYER after acceptance. The BUYER can always access and review the aforementioned e-mail by saving and storing it on his device. On the other hand, it is kept in the systems owned by the SELLER for periods in accordance with legal obligations.

4.7. The BUYER accepts, declares and undertakes that the invoice and delivery addresses and other information declared within the scope of this Agreement are complete and accurate. The SELLER shall not held responsible in case of that, there is fault and/or deficiency in the address reported by the BUYER, or the BUYER is not in the address at the delivery time, or the absence of a person who can receive the product/products at the specified address, or the people in the address refuse to deliver the product/products etc. In this case, the SELLER may release the products on behalf of the BUYER at the lodgement place without the BUYER's approval and without the need for any other decision, and may avoid the delivery obligation or store it himself, in this case, the right to demand the warehouse fee is reserved. In the event that the delivery cannot be fulfilled as stated above, the BUYER has the right to demand re-delivery at her/his own expense. In the event that there is no one to take delivery at the address, it is the BUYER's responsibility to follow up the shipment of the products by contacting the cargo company.

4.8.If the product will be delivered to a person/institute other than BUYER, in case the person/institute is not in the address specified by buyer or refuse to deliver, SELLER is not responsible from this. In these cases, all kinds of damages arising from the late delivery of the product shall be borne by the BUYER and the expenses incurred due to the fact that the product has been waiting in the cargo company and/or the cargo is returned to the SELLER, shall also belong to the BUYER.

4.9. The SELLER is responsible for the delivery of the contracted product/products in good condition, complete, suitable manner and with the recommended usage information and storage conditions, if any, as required by the legislation. The BUYER and/or the person receiving the delivery is obliged to check whether the product(s) are delivered intact, complete, in accordance with the specified qualifications and as required by the legislation. A report should be kept with the transportation company representative about the product/products determined to be damaged during delivery. Otherwise, the SELLER will not be held responsible for the damage and defects in the products.
4.9.1. If the product/products are found to be defective/damaged at the time of delivery and are recorded, the product/products are returned by the SELLER as they were shipped and replaced with a new one without requesting an additional shipping cost from the BUYER within 30 days following this date. In cases where the consumer is aware of the defect or is expected to be aware of the defect on the date of the contract, the SELLER cannot be held responsible for the breach of the contract.
4.9.2. In case the product/products are found to be defective after the delivery time; In terms of apparent and/or control-detectable defects, within 30 days at the latest if the BUYER defined as a consumer, within 8 days at the latest if the BUYER cannot be defined as a consumer; The BUYER is obliged to notify the SELLER of the defects in writing or through customer service. Defect notices and related requests not made in due time will not be accepted.
4.9.3. Apparent or detectable defects within the above-mentioned periods, and other hidden defects, provided that they are notified as soon as they emerge, at the latest, within 2 years following the delivery date; following this notice, the product/products will be transported by the courier company to be directed by the SELLER, and the returned product/products will be evaluated by the SELLER.
If it is considered that the product/products are defective due to the SELLER, the product/products subject to the notification; within 30 working days following the date of receipt by the SELLER, it will be repaired, replaced with a new one, if possible; without demanding an additional shipping cost, and if this is not possible, the price will be refunded. Otherwise, the product/products will be returned to the BUYER and all transportation costs, any shipping costs and, if incurred, customs and other taxes/duties will be requested separately.
4.9.4. The SELLER cannot be held responsible for any damage caused by the BUYER's use of the purchased product in violation of the instructions for use and storage conditions.

ARTICLE 5: PAYMENT AND CAMPAIGNS

5.1. The sales price including VAT and the delivery fees of the product/products ordered by the BUYER within the scope of this Agreement shall be paid in accordance with the payment terms and conditions determined by this Agreement.

5.2. In cases where the price of the product/products ordered from the BUYER's website is paid by credit card; orders placed within the scope of this Agreement will be processed after the SELLER determines that the price of the product/products is blocked by obtaining a bank authorization from the credit card.

5.3. The SELLER is not responsible for the deductions made by the banks under other names during the payments.

5.4. In the event of any campaign, discount or similar application announced by the SELLER in accordance with the legislation, these will also be applied for the BUYER in case of that on the date of the BUYER orders the product/products and specified as valid in distance sales, this application shall be submitted to the BUYER's order provided that the BUYER meets the campaign conditions.

5.5. After the delivery of the product/products, if the relevant bank or financial institution fails to pay the price of the product/products to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons, which is not due to the BUYER's fault, the BUYER accepts, declares and undertakes that he/she will send the products to the SELLER in an unused, undamaged and complete form within 30 (thirty) days at the latest from the SELLER's written notification on the subject, and that the shipping costs will be borne by the BUYER.Otherwise, the BUYER accepts and undertakes that all kinds of legal action will be taken against the SELLER, including any damages and losses incurred by the SELLER.

5.6. It is out of the SELLER's initiative that the BUYER has contracted bank offers various payment options within the scope of its campaigns. Campaigns within the knowledge and discretion of the SELLER will be announced on the website.

5.7. Unless otherwise stated by the SELLER, the delivery fee is not included in the price of the product/products, but will be added to the price of the product/products to be paid by the BUYER, and the price of the product/products will be paid by the BUYER together with the delivery fee. The SELLER may not reflect all or a part of the delivery costs in question to the BUYER, depending on the campaigns it carries out at the time of sale and announced the terms on the Website.

ARTICLE 6: GENERAL PROVISIONS

6.1. The Buyer accept and declares that he/she read all the conditions and explanations written in this Agreement and in the preliminary notices of the order-contract (Website), which form an integral part of it, has prior knowledge of all matters written in Preliminary Information Form for Distance Sales, including the basic features-attributes of the Product/Products subject to sale, sales price, payment method, delivery conditions, all other preliminary information-information about the Seller and the Product subject to sale, and the right of withdrawal and personal information-electronic communication the basic feature-attributes that you have seen all of them in electronic environment on the Internet Site and accepted the provisions of this Agreement by ordering the Product by giving confirmation-approval-acceptance-permission to all these in electronic environment.

6.2. The BUYER accepts, declares and undertakes that he/she has read and has information and gives the necessary confirmation in electronic environment that the preliminary information on the basic characteristics of the product/products subject to the Contract, the sales price including VAT, the validity period of all the commitments of the SELLER including the price, and the payment method and delivery; the right of withdrawal and how it will be used, the fee if there is a cost to be borne by the BUYER, the delivery and performance times of the product/products subject to the contract, the address, telephone and other access information of the SELLER to which the BUYER can forward their requests and complaints, the customs clearance of the applications regarding complaints and objections. and within the monetary limits determined by the Ministry of Commerce, accepts, declares and undertakes that the BUYER has read and informed that it can be filed with the Consumer Problems Arbitration Committee or the Consumer Court in the place where the goods or services are purchased or where the residence is located.

6.3. The SELLER may supply a different product with the same standard, content and price, by informing the BUYER and by obtaining its explicit approval, before the contractual performance obligation expires.

6.4. If the SELLER fails to fulfill its contractual obligations in the event that the fulfillment of the product or service subject to the order becomes impossible, the SELLER accepts, declares and undertakes that it shall notify the BUYER in writing or as a permanent data keeper within 3 days from the date of learning of this situation it shall return the collected amount to the BUYER within 14 days.

6.5. It accepts, declares and undertakes that the SELLER's obligation to deliver the product subject to the contract shall cease if, for any reason, the price of the product subject to the contract is not paid and / or canceled in the bank records.

6.6. The BUYER accepts, declares and undertakes that persons under the age of 18 will not be able to shop on the website, even if the product/products for children are offered for sale, and that the SELLER will not be liable in any way for the damages incurred by third parties due to product ordering in violation of this rule. If the SELLER determines that there is a violation of this article, it has the right to terminate the contract by canceling the order.

6.7. The SELLER reserves the right to cease or terminate the order if it determines that the information given by the BUYER does not correspond to the truth. In such a case, if the SELLER cannot reach the BUYER from the phone, e-mail or delivery address given by the BUYER, it will cease the processing of the order for 5 (five) days. The BUYER is expected to contact the SELLER regarding the issue during this period. If the BUYER does not contact the SELLER within this period, the order will be cancelled. If the order is canceled, the payments made by the BUYER, if any, are returned within 14 (fourteen) days. For payments made by credit card, the refund is made to the credit card from which the payment was made. It is sufficient for the SELLER to make the payment within this period, and the SELLER cannot be held responsible for the process of reflecting the payment by the bank.

6.8. The SELLER is not responsible for price and content errors caused by typesetting and system errors. In case of incorrect product prices; the SELLER has the right of cancelling all orders placed according to this incorrect. In such a case, the BUYER accepts and declares that he will not make any rights and claims, including the delivery of the product at the clearly defected price announced to him, due to a clearly understood error.

6.9. The SELLER reserves the right to cancel purchases that exceed the BUYER's needs from the same product on the Website. In case the purchases exceed 3 (three) products in wholesale purchases exceeding the BUYER's needs, the SELLER reserves the right to cancel the order completely or to send only 3 (three) products, which it accepts as the retail purchase limit.

ARTICLE 7: FORCE MAJEURE

7.1. Circumstances that did not exist and could not be foreseen at the date of signing of the Agreement, that developed beyond the control of the Parties, that make it impossible for one or both of the Parties to partially or completely fulfill their obligations and responsibilities assumed by the Agreement or to fulfill them on time, force majeure will be considered as the cause. The situation that the goods are not in stock cannot be accepted as the impossibility of fulfilling the goods.

7.2. SELLER, force majeure (natural disasters, fire, explosions, civil wars, wars, uprisings, public movements, declaration of mobilization, strikes, lockouts and epidemics, problems arising from the internet system or service providers providing internet services, actions and transactions of the competent authorities, stocks If the product/products in the Contract cannot be delivered within the 30 (thirty) day legal period due to commercial impossibilities or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation), the situation is reported to the BUYER in 3 (three) days in writing or by a permanent data keeper to the consumer.

7.3. In this case, the BUYER may use one of the rights to cancel the order, replace the product/products subject to the contract with its precedent, if any, and/or postpone the delivery time until the obstacle is removed. If the BUYER cancels the order, the amount that paid by the BUYER will be returned to him/her within 14 (fourteen) days.

ARTICLE 8: RIGHT OF WITHDRAWAL AND RESTITUTION

8.1. The BUYER can use the right of withdrawal granted to her in accordance with the relevant legislation within 14 (fourteen) days from the delivery of the product / products subject to the contract to himself/herself or to the person at the address she has notified. In order for the BUYER to exercise its right of withdrawal; It is obligatory;
• to notify the SELLER within the legal period,
• the product(s) are not from the products for which the right of withdrawal cannot be exercised, as determined in the Law on the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014,
• Except for customary use, the product has not suffered any damage that would prevent it from being offered for resale,
• The return form of the product, the invoice, the original box of the products to be returned, the packaging, if any, the standard accessories, parts and all attachments are delivered with the product completely and undamaged, and it has not been used in this way,
• The products should not be opened / used, the inner and outer labels should not be removed.
• By sales which the delivery address abroad, it is necessary that the BUYER has the right of withdrawal under his/her habitual residence law

8.2. Provided that the BUYER defined as a consumer; he/she has the right of withdrawal before the delivery of the product/products.

8.3. If the BUYER does not have the right of withdrawal under his/her habitual residence law, the BUYER shall not have the right to return the product purchased from the SELLER under this contract without any justification.

8.4. If the BUYER has the right of withdrawal under his/her habitual residence law, the BUYER may, the BUYER may use the right to withdraw from the contract without any justification by rejecting the goods within 14 (fourteen) days from the date of delivery of the purchased product to himself/herself or the person/organization at the address indicated, provided that the SELLER is notified via the contact information below. In this case, the BUYER shall bear the shipping and all other costs related to the return arising from the right of withdrawal.

8.5. If the deliver address is domestic, the SELLER will receive the product/products to be returned by the BUYER due to the exercise of the right of withdrawal the courier company specified by the Seller and at a time (date) to be determined in advance with the SELLER. The contracted cargo company as of the date of approval of this Agreement, can be seen in the website and in the distance sales preliminary information form. The SELLER can be contacted to learn it separately.

8.6. In the event that the BUYER sends the product/products to be returned via the transport company of his choice, with which the SELLER is not contracted or in case the delivery address is abroad, but when the BUYER has the right to withdraw in his habitual residence, regardless of whether it is sent by the courier company specified by the Seller; the BUYER shall be responsible for the costs of return including all kinds of shipping costs and, if incurred, customs and other taxes/ duties. The Buyer accepts, declares and undertakes that the Seller will not be responsible any damages suffered by the goods during the cargo process. By Company returns companies are required to issue a return invoice.

8.7. If the BUYER requests a refund for payments made by credit card, he/she accepts, declares and undertakes that the refund will not be made in cash. In case the right of withdrawal is exercised, the price and shipping costs of the product/products are returned to the BUYER within 14 (fourteen) days from the date on which the right of withdrawal of the product/products reaches the SELLER, in accordance with the payment instrument used by the BUYER. Refunds to the credit card are made within the framework of the banks current refund procedures. In this context, in cases where payment in installments is in question, the refund is made within the framework of the current procedures of the banks. In the event that the SELLER cannot return due to the fact that the BUYER's credit card has been canceled/changed and/or inoperable for any reason, the BUYER is obliged to receive the money by applying in writing to the SELLER together with the documents received from the relevant bank. In such a case, the BUYER cannot claim any delay loss, interest or similar claims from the SELLER under any name whatsoever.

8.8. The BUYER is obliged to send the product back to the product return address specified in article 1 in order to deliver the goods to the SELLER within 10 (ten) days from the date on which he/she made the notification regarding the use of his/her right of withdrawal. Otherwise, the price will not be refunded, if it has been done, it can be demanded back with interest and other costs.

8.9. In case the BUYER is a natural or legal person acting for commercial or professional purposes and/or the invoice of the product subject to the contract is issued on behalf of the BUYER acting for commercial or professional purposes, to return the product for faulty and other reasons, excluding the BUYER's consumer rights. (If the product is requested, it must be sent with the return invoice to be issued when returning the product. In case the Buyer is a natural or legal person acting for commercial or professional purposes and/or the invoice of the product subject to the contract is issued on behalf of the Buyer acting for commercial or professional purposes; The Buyer cannot benefit from the provisions and consumer rights that provide special rights and opportunities to consumers regulated in this Agreement and the law.)

8.10. In the event that the campaign limit amount regulated by the SELLER falls below the campaign limit due to the exercise of the right of withdrawal, the discount amount utilized within the scope of the campaign is canceled and the SELLER has the right to deduct this amount from the price it will return to the BUYER or to demand it separately.

ARTICLE 9: SITUATIONS WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

9.1. In line with the demands of the BUYER before the order, the BUYER cannot use the right of withdrawal for the product/products that have gained personal qualities by making modifications, changes or additions, and for the products that are not suitable for return due to their nature.

9.2. The BUYER cannot use the right of withdrawal for these products, in case of the product is damaged in a way that prevents it from being offered for resale, other than the usual use. It is considered that there is a damage that will prevent it from being offered for sale, especially in the following cases;
• If the brands, logos and/or labels that are integral to the products are removed and damaged,
• From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Especially swimwear, bikini, pareo, crop top products that are not suitable for health and hygiene and come into direct contact with the body,
• Regardless of whether the products are small or small in any part of them; the existence of tearing, burning, smelling, breaking, harming, spoiling,
• The products have lost their qualities and features, even partially, or they have lost their new/clean qualities necessary for resale.

9.3. Returns of products used outside of the trial are not accepted. No labels can be removed by hanging, affixing or otherwise on the products for which the right of withdrawal will be exercised. In any way, returns of products that the label on it is ripped, torn, teared, etc. Have been tampered with are not accepted.

9.4. Returns of washed products are not accepted. The return of products that have perfume, deodorant or any odor and/or traces/stains on them, worn, torn, tampered with or otherwise damaged, or for which resale is no longer possible, will not be accepted.

9.5. The BUYER accepts, declares and undertakes that he/she does not have the right to return the product purchased from the SELLER within the scope of the right of withdrawal, in cases where the BUYER does not have the right of withdrawal under the law of habitual residence for orders with a delivery address abroad.

ARTICLE 10: APPLICABLE LAW AND RESOLUTION OF DISPUTES

10.1. In disputes arising from this Distance Sales Agreement;
10.1.1. If the Buyer is a Consumer; The Consumer Arbitration Committees and Consumer Courts are authorized in the place where the Buyer purchases the Goods or Services and where he or she resides, up to the value declared by the Ministry of Customs and Trade. District/provincial consumer arbitration committees are authorized for consumer demands in line with the lower and upper limits specified in paragraph 1 of the article 68 of the Law on Consumer Protection No. 6502.
10.1.2. For disputes above these values, no application can be made to consumer arbitration committees, Consumer Courts will be in charge.
10.1.3. If the Buyer is a Merchant and/or a Public Legal Person; Istanbul Courts and Enforcement Offices are authorized.

ARTICLE 11: STATUS OF DEFAULT AND LEGAL CONSEQUENCES

11.1. In the event that the BUYER defaults on the transactions made with the credit card, the cardholder will pay interest within the framework of the credit card contract signed by the bank with her and will be liable to the bank.

11.2. In case the BUYER has chosen other payment methods and is in default in the payment; The SELLER may withdraw from the contract or demand the payment of the interest and price. The BUYER shall be responsible for the loss and damage suffered by the SELLER due to the delayed payment of the BUYER's debt.

ARTICLE 12: NOTICES AND EVIDENCE AGREEMENT

Any correspondence to be made between the Parties under this Agreement will be made via e-mail, except for the obligatory cases listed in the legislation. Without prejudice to the right to present additional evidence in disputes that may arise from this Agreement; the BUYER accepts, declares and undertakes that the SELLER's official books and commercial records, electronic information and computer records kept in its own database and servers will constitute binding and conclusive evidence, and that this article is in the nature of an evidential contract within the meaning of Article 193 of the Code of Civil Procedure.

ARTICLE 13: ENFORCEMENT

This Agreement consists of 13 (thirteen) articles, has been read by the Parties and approved by the Buyer electronically, and has been concluded and entered into force.

SELLERBUYER

KEIKEI TEXTILE AND CLOTHING INDUSTRY TRADE JOINT STOCK COMPANY

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