Distance Sales Contract

DISTANCE SALES AGREEMENT

ARTICLE 1 - PARTIES

1.1- SELLER:

Company Name: Fulor Furniture, Textiles, Cosmetics Products, Import, Export, Industry, Trade Ltd. Co.
Address: Zafer Mahl. Akçay Cad. No:142/E Gaziemir / İzmir
Phone: 0850 850 0227
Fax:
E-mail:info@caploonba.com; support@caploonba.com

1.2 - BUYER:

Name/Surname/Title:
Address:
Phone: +90
E-mail:
Turkish ID Number:

ARTICLE 2 - SUBJECT

The subject of this agreement is the sale and delivery of the product, the characteristics and sales price of which are specified below, ordered electronically by the BUYER from the SELLER's website www.caploonba.com, and the determination of the rights and obligations of the parties in accordance with the provisions of Law No. 4077 on the Protection of Consumers and the Regulation on the Principles and Procedures for the Implementation of Distance Contracts.

ARTICLE 3 - SUBJECT OF THE AGREEMENT

3.1- The basic characteristics of the goods/products/services (type, quantity, brand/model, color, number) are published on the SELLER's website. If the seller is running a campaign, you can review the basic characteristics of the relevant product during the campaign period. Valid until the campaign date.

3.2- The prices listed and advertised on the site are sales prices. Advertised prices and offers are valid until updated or changed. Prices advertised for a limited time are valid until the end of the specified period.

3.3- The sales price of the goods or services subject to this contract, including all taxes, is shown below.

History:

Product Name

Piece

Installment

Total Amount

0.00 TL

VAT

0.00 TL

Shipping Fee

0.00 TL


Grand Total

0.00 TL


Order number:

Shipping Fee: 0.00 TL

The type and kind of products, quantity, brand/model, color, and selling price are as stated above.

Payment method:

Delivery address:

Total amount paid: 0.00 TL Credit card

3.4- The shipping cost, which is the product delivery fee, will be paid by the BUYER.

3.5- If a Caploonba dealer is located in the city where the delivery will be made, the products will be delivered to the buyer fully assembled. If there is no Caploonba dealer, the products will be delivered to the address provided by the buyer, "at the building entrance".

ARTICLE 4 - GENERAL PROVISIONS

4.1- The BUYER acknowledges, declares, and undertakes that they have read and are informed about the basic characteristics of the product, the sales price, the payment method, and preliminary information regarding delivery on the SELLER's website, and that they have provided the necessary confirmation electronically. The BUYER also acknowledges, declares, and undertakes that by confirming the Preliminary Information electronically, before the conclusion of the distance sales contract, they have received accurate and complete information from the SELLER regarding the address, the basic characteristics of the ordered products, the price of the products including taxes, and payment and delivery information.

4.2- The product subject to this contract will be delivered to the BUYER or the person/organization at the address indicated, within the time frame specified in the preliminary information on the website, depending on the distance of the BUYER's place of residence for each product, provided that the legal period of 30 days is not exceeded. In cases of force majeure or delays arising from decisions made by judicial and administrative authorities regarding the production and delivery of the product, or arrangements related to employee working hours, this period is stipulated as 90 days, provided that the BUYER is notified. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract. In such a case, the BUYER shall have no further claims for material or moral damages from the SELLER.

4.3- If the product subject to this contract is to be delivered to a person/entity other than the BUYER, the SELLER cannot be held responsible if the recipient refuses delivery. The BUYER agrees to fully compensate for any damages arising from incorrect or incomplete delivery address and recipient information, and also accepts all responsibility that may arise from this situation.

The SELLER reserves the right to suspend the order if, in cases deemed necessary, the information provided by the BUYER does not match the reality. If the SELLER detects a problem with the order and is unable to contact the BUYER using the provided phone, email, or postal addresses, the SELLER will suspend the order for 15 days. The BUYER is expected to contact the SELLER regarding the issue during this period. If no response is received from the BUYER within this period, the SELLER will cancel the order to prevent harm to both parties.

4.4- The SELLER accepts, declares and undertakes to deliver the product subject to the Contract completely, in accordance with the specifications stated in the order, and with any warranty documents, user manuals, and other necessary information and documents; to deliver the product free from any defects, in accordance with legal regulations, in a sound and standard-compliant manner; to perform the work with accuracy and honesty; to maintain and improve service quality; to exercise the necessary care and diligence during the performance of the work; and to act with prudence and foresight.

The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit consent before the expiration of the performance obligation arising from the contract.

4.5- Delivery of the product subject to this contract is conditional upon the signed copy of this contract being delivered to the SELLER and the payment being made using the payment method preferred by the BUYER. If, for any reason, the product price is not paid or is cancelled in the bank records, the SELLER shall be deemed to be relieved of its obligation to deliver the product.

4.6- If, after delivery of the product, the buyer's credit card is used fraudulently or illegally by unauthorized persons due to no fault of the buyer, and the relevant bank or financial institution fails to pay the seller the product price, the buyer is obligated to return the product to the seller within 3 days, provided that the product has been delivered to the buyer. In this case, the shipping costs shall be borne by the buyer.

4.7- The SELLER acknowledges, declares, and undertakes that if it is unable to deliver the product within the specified time due to force majeure events, such as unforeseen circumstances beyond the parties' control that prevent and/or delay the parties from fulfilling their obligations, it will notify the BUYER of the situation. The BUYER also has the right to request the cancellation of the order, the replacement of the product with an equivalent if available, and/or the postponement of the delivery until the hindering situation is resolved. In case of cancellation of the order by the BUYER, the product amount will be refunded in cash within 14 days for payments made by the BUYER. For payments made by credit card, the product amount will be refunded to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER acknowledges, declares, and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and that the reflection of this amount in the BUYER's account after its return to the bank is entirely related to the bank's processing time; therefore, the BUYER cannot hold the SELLER responsible for any possible delays.

4.8- Products sold with or without a warranty certificate that are found to be faulty or defective can be sent to the SELLER for necessary repairs within the warranty terms; in this case, the shipping costs will be covered by the SELLER.

4.9- The SELLER has the right to contact the BUYER via letter, email, SMS, telephone call and other means for communication, marketing, notification and other purposes, using the address, email address, landline and mobile phone numbers and other contact information specified by the BUYER in the site registration form or subsequently updated by the BUYER. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities directed towards them. The BUYER has the right to exercise their rights arising from the Personal Data Protection Law at any time within the framework specified in the law.

4.10- The BUYER shall inspect the goods/services subject to the contract before taking delivery; the BUYER shall not accept damaged or defective goods/services from the shipping company, such as those that are dented, broken, or have torn packaging. Goods/services received shall be deemed undamaged and in good condition. The obligation to carefully protect the goods/services after delivery rests with the BUYER. The necessary provisions regarding the right of withdrawal are stated below.

4.11- The BUYER declares and undertakes that the personal and other information provided while registering on the SELLER's website is accurate and that the BUYER will immediately, in cash and in full, compensate the SELLER for all damages that the SELLER may suffer due to the inaccuracy of this information, upon the SELLER's first notification.

ARTICLE 5 - RIGHT OF WITHDRAWAL

5.1- The BUYER has the right to withdraw from the contract within 14 days of delivery of the product to himself or to the person/organization at the address indicated. In distance contracts relating to the provision of services, this period starts from the date the contract is signed. To exercise the right of withdrawal, notification must be given to the SELLER by fax, e-mail or telephone within this period, and the product must not be one of the products specified in the provisions of Article 6 and must be unused. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the consumer's consent before the expiration of the withdrawal period. These conditions also apply to products and services purchased in error.

5.2- If any opening, damage, breakage, destruction, tearing, use, or other such conditions are detected in the product or its packaging, and if the product cannot be returned in the same condition as when it was delivered to the buyer, the product will not be accepted for return and the payment will not be refunded.

5.3- The right of withdrawal does not apply to goods specially prepared/produced according to the buyer's requests and/or explicitly tailored to their personal needs, even if the deficiencies mentioned in the paragraph above are not present.

5.4- The right of withdrawal cannot be exercised if the value of the goods received decreases due to reasons not attributable to the SELLER, or if there is a reason that makes return impossible.

5.5- To exercise the right of withdrawal, a written notification must be sent to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days, and the product must be unused in accordance with the "Products for which the Right of Withdrawal Cannot Be Exercised" provisions regulated in this agreement. If this right is exercised,

a) The invoice for the product delivered to the third party or the BUYER. (If the invoice for the product to be returned is issued to a company, it must be sent together with the return invoice issued by the company. Returns of orders invoiced to companies cannot be completed unless a RETURN INVOICE is issued.)

b) Return form,

c) Products to be returned must be delivered complete and undamaged, including the box, packaging, and any standard accessories.

d) The SELLER is obligated to return the total amount and any documents obligating the BUYER to debt within a maximum of 10 days from the date of receipt of the cancellation notice, and to retrieve the goods within 20 days.

(e) If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount received under the campaign will be cancelled.

f) No refunds will be issued until the product is returned. The time it takes for refunds to credit card accounts to be reflected is at the discretion of the respective bank.

ARTICLE 6 - PRODUCTS AND CIRCUMSTANCES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

The right of withdrawal cannot be exercised for products that are non-returnable due to their nature, single-use products, software and programs that can be copied, and perishable or expired products. For the following products, the right of withdrawal is subject to the condition that the product's packaging is unopened, undamaged, and the product has not been used.

ARTICLE 7 - WARRANTY, CONDITIONS AND COMPLAINTS

7.1- Products used according to the instructions and regularly maintained/cleaned are guaranteed against all manufacturing defects for 2 years under the conditions stated below.

The seller's warranty liability applies only to consumers covered by the Consumer Protection Law No. 4077. For commercial transactions, the provisions of the Turkish Commercial Code will apply.

7.2- The BUYER acknowledges that if they wish to make any complaints, requests, or demands regarding the product or service they have purchased, they must first address these matters with the SELLER and its dealers. They further acknowledge that they can only seek redress before authorized judicial and administrative authorities, and that complaints made to individuals, institutions, the internet, or social media that are not authorized to evaluate the product or service, whether received or not, without first contacting the SELLER, will not be considered within the framework of good faith. The BUYER also acknowledges that the SELLER reserves the right to seek recourse for any damages incurred by the BUYER as a result of such complaints.

ARTICLE 8 - RULES REGARDING THE PROTECTION OF PERSONAL DATA AND COMMERCIAL ELECTRONIC COMMUNICATION

8.1- Information belonging to the BUYER that can be defined as personal data within the scope of the Law No. 6698 on the Protection of Personal Data, such as name, surname, e-mail address, Turkish Republic Identity Number, demographic data, financial data, etc., may be recorded, stored in written/magnetic archives, used, updated, shared, transferred and processed in other ways by ………, ……… affiliates and third parties and/or organizations for the purposes of receiving orders, offering products and services, developing products and services, resolving systemic problems, carrying out payment transactions, -with prior consent- using it for marketing activities regarding orders, products and services, updating the BUYER's information and managing and maintaining memberships, and fulfilling the distance sales contract and other contracts established between the BUYER and the SELLER, and for the provision of technical, logistical and other similar functions by third parties, for the retention period specified in the legislation.

8.2- The SELLER may send commercial electronic communications to the BUYERS via SMS/short message, instant notification, automated calls, computer, telephone, e-mail/mail, fax, and other electronic communication tools for the purpose of promotion, advertising, communication, sales and marketing of all kinds of products and services, and for credit card and membership information, transactions and applications in accordance with the applicable legislation. The BUYER accepts receiving commercial electronic messages.

8.3- The necessary security measures for the information and transactions reported by the BUYER have been taken by the SELLER within its own system infrastructure, in accordance with the nature of the information and transaction and the current technical capabilities. However, since the information in question is entered from the BUYER's devices, the responsibility for taking the necessary precautions, including those related to viruses and similar harmful applications, to protect this information and prevent access by unauthorized persons rests with the BUYER.

8.4- The BUYER may request the cessation of data usage/processing and/or communications at any time by contacting the SELLER through the communication channels specified on www.caploonba.com. According to the BUYER's explicit notification in this regard, personal data processing and/or communications to the BUYER will be stopped within the maximum legal period; furthermore, if desired, information other than that which must be legally retained and/or is possible to retain will be deleted from the data recording system or anonymized in a way that prevents identification. The BUYER may, at any time, contact the SELLER and obtain information regarding the processing of their personal data, the persons to whom it is transferred, correction of incomplete or incorrect data, notification of corrected information to relevant third parties, deletion or destruction of data, objection to a result arising against them through analysis by automated systems, and compensation for damages incurred due to unlawful processing of data. These applications will be examined, and the BUYER will receive a response within the legal timeframe stipulated by legislation.


ARTICLE 9 - COMPETENT COURT

In the implementation of this agreement, Consumer Arbitration Boards and Consumer Courts located in the place of residence of the BUYER or SELLER shall have jurisdiction up to the value declared by the Ministry of Industry and Trade.

ARTICLE 9 - ENTRY INTO FORCE

By placing an order through the Site, the BUYER is deemed to have accepted all the terms of this agreement. The SELLER is obligated to make the necessary software arrangements to ensure that the BUYER reads and accepts this agreement on the site before the order is processed.




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