Kaya Safety | Petzl | Mesafeli Satış Sözleşmesi

Article 1. Seller

Title : RockSTAR İŞ GÜVENLİĞİ EKİPMANLARI
Mersis No :
Address : Halil Rıfat Paşa Mahallesi Yüzer Havuz Sokak Perpa Ticaret Merkezi B Block Floor:9 No:1526 Şişli/İstanbul
Phone No : 05366103857
Website : www.rockstarsafetyropes.com
EMail : info@rockstarsafetyropes.com

Article 2. Subject of the Agreement

2.1 The subject of this agreement is the determination of the rights and obligations of the parties in accordance with the Law No. 6502 on the Protection of Consumers, the Regulation on Distance Contracts and the provisions of other relevant legislation, with regard to the sale and delivery of the product whose characteristics and sale price are stated below and which the natural or legal person signing this agreement (the "Buyer") has ordered electronically from the website www.rockstarsafetyropes.com (the "Website") belonging to the Seller. For Buyers who are not deemed to be consumers, the provisions of the Code of Obligations and the Turkish Commercial Code shall apply.
2.2 The Buyer accepts and declares, under the provisions of this agreement, that they have been informed by the seller in a clear, comprehensible manner suitable for the internet environment about the name, title, full address, telephone and other contact details of the Seller, the essential characteristics of the goods subject to sale, the sale price including taxes, the method of payment, the delivery conditions and costs, etc., all preliminary information relating to the goods subject to sale, the exercise of the right of "withdrawal" and how this right is to be exercised, the official authorities to which complaints and objections may be submitted, etc., that they have confirmed this preliminary information electronically and have subsequently ordered the goods.
2.3 The Preliminary Information contained on the Website and the invoice issued upon the order placed by the Buyer are integral parts of this agreement.

Article 3. Product(s) Subject to the Agreement, Delivery and Payment Information

This section shall be completed and customised for each order according to the information provided about the type, name and kind, code, quantity, amount, brand/model, sale price, method of payment, person who will take delivery, delivery charge, estimated delivery date and method of delivery of the Product(s) purchased electronically by the Buyer, together with the details of the person placing the order and the buyer to whom delivery will be made, and the invoice details.

Invoice Delivery: The invoice will be sent by e-mail to the e-mail address specified during the delivery of the order; a copy of the e-invoice will be delivered together with the product at the time of delivery.

For the delivery of the product/products subject to the agreement, it is required that this agreement has been confirmed electronically and transmitted to the SELLER and that its price has been transferred to the SELLER's account by the payment method preferred by the PERSON PLACING THE ORDER/BUYER. If the product price is not transferred to the SELLER's account or is cancelled in the bank records, the SELLER shall be deemed released from the obligation to deliver the product.

The Person Placing the Order, the Buyer to whom delivery will be made and the invoice addressee may belong to the same person and/or to different persons. In the event that they belong to different persons, the Person Placing the Order is responsible for all information provided and confirmed. The Person Placing the Order accepts that the information stated in this article is correct. In the event that the Buyer cannot be reached with the information provided, the SELLER bears no responsibility and all responsibility belongs to the Person Placing the Order. Indefinite locations such as a car park, a doorstep or a park cannot be given as the delivery address; even if such an address is given, the order will not be delivered. It is essential that the delivery address is a workplace, apartment, home, shop or similar place clearly belonging to the customer. The PERSON PLACING THE ORDER/BUYER accepts and declares these provisions.

The Buyer accepts and declares that they were informed before payment was made about the type and kind, code, quantity, brand/model, sale price, method of payment, person who will take delivery, delivery address, invoice details and shipping charge of the Product(s) purchased electronically, and that they approved this information.

Article 4. Matters on Which the Buyer Has Been Given Preliminary Information

The Buyer accepts, declares and undertakes that they were informed about the following matters before this Agreement was formed by the Buyer's acceptance on the Website and before they placed the order or came under any payment obligation, and that they became informed by reading the "Order and Agreement Preliminary Information Text" on the Website.

The title and contact details of the Seller, information regarding its professional chamber and its current identifying information,
Information about the essential characteristics of the Product(s), the total price including taxes and the shipping costs,
The delivery, invoice and payment information of the Product(s),
Shipping restrictions provided by the Seller for the products,
In cases where the Buyer has a right of withdrawal, the conditions, period and procedure for exercising this right, and that the Buyer will lose the right of withdrawal if the right is not exercised within the period,
The Products for which the Buyer has no right of withdrawal,
In cases where a right of withdrawal exists, how the Products may be returned to the Seller and all related financial matters (including the methods and cost of return, the refund of the Product price and any discounts and set-offs that may be applied to reward points earned/used by the Buyer during the return),
The stages of the sales transaction during purchase from the Website and the appropriate tools and methods for correcting incorrectly entered information,
The contact details through which the Buyer may submit complaints to the Seller in the event of a dispute, and that legal applications may be made to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.

Article 5. Order & Payment Conditions

This service is intended solely for retail sale and end use. The SELLER reserves the right to cancel and not deliver orders placed for wholesale or "resale" purposes, even if a preliminary information form and/or sales agreement has been formed. If the order is cancelled for this reason, the price of the products is refunded by the SELLER in the same way in which it was paid by the PERSON PLACING THE ORDER/BUYER.

After the TRY amount of the products selected by the Buyer including VAT (in instalment transactions, the total instalment amounts) and all costs including the shipping charge, if any, have been approved by the Buyer, the transaction is processed via the payment method chosen by the Customer and, following payment and before dispatch of the Products, an order confirmation e-mail is sent to the Buyer. No dispatch is made before the Order Confirmation e-mail is sent.

In cases where the product/products subject to the agreement are not in stock, the SELLER has the right not to deliver the product/products subject to the agreement, provided that the SELLER informs the PERSON PLACING THE ORDER/BUYER of the situation and that the total amount paid by the PERSON PLACING THE ORDER/BUYER and any document placing them under obligation is returned to the PERSON PLACING THE ORDER/BUYER within 14 days at the latest.

Article 6. Dispatch and Delivery Conditions

6.1 The Seller shall dispatch the Products within a maximum of 5 days through the courier company with which it has an agreement. If this courier company has no branch in the location where the Buyer is situated, the Buyer must collect the Product from the nearest branch of the courier company within 3 days at the latest; otherwise the Buyer is responsible for all damages and expenses that may arise.
In the event that the Buyer is not personally present at their address at the time of delivery of the products and the persons at the address do not accept delivery, the Seller shall be deemed to have fulfilled its obligation in this respect. If there is no one at the address to take delivery, it is the Buyer's responsibility to contact the courier company and follow up the dispatch of the products. If the Product is to be delivered to a person/organisation other than the Buyer, the Seller cannot be held responsible if that person/organisation is not present at the address or does not accept delivery. In such cases, all damages arising from the Buyer's late collection of the Product, as well as the expenses arising from the Product having waited at the courier company and/or from the shipment being returned to the Seller, shall also belong to the Buyer.
6.3 The Buyer is responsible for inspecting the Product at the moment of taking delivery and, if they see a problem with the Product caused by shipping, for refusing to accept the Product and having a report drawn up by the authorised officer of the courier company. Otherwise the Seller will accept no responsibility.
6.4 In the event that the Product cannot be delivered within the legal period due to force majeure, the Seller shall notify the Buyer of this situation immediately. In this case the Buyer may cancel the order or wait until the force majeure situation comes to an end. In the event that the Product cannot be supplied by the Seller, the Seller shall clearly inform the Buyer within 3 days at the latest from becoming aware of this situation and the Buyer shall cancel the order. Upon cancellation of the order by the Buyer, the Seller is obliged to return to the Buyer the total amount paid by the Buyer and any document placing them under obligation within 14 days at the latest. In such a case the Buyer shall have no claim against the Seller for any additional material or moral damages.
6.5 If, for any reason after delivery of the Product, the bank/financing institution to which the credit card used in the transaction belongs does not pay the Product price to the Seller or demands back the amount it has paid, the Product shall be returned by the Buyer to the Seller within 3 days at the latest. If the non-payment of the Product price arises from a fault or negligence of the Buyer, the shipping costs shall be borne by the Buyer. All other contractual and legal rights of the Seller, including pursuing its claim for the Product price without accepting the return, are separately and in any event reserved.

Article 7. The Buyer's Right of Withdrawal and Conditions of Use

7.1 The Buyer has the right to withdraw from the order and the Agreement within fourteen (14) days from the date on which they take delivery of the Product, without giving any reason and without paying any penalty. However, the Buyer may also exercise the right of withdrawal during the period between the formation of the Agreement and the delivery of the Product.

In determining the period of the right of withdrawal;

- a) For goods that are the subject of a single order but are delivered separately, the day on which the PERSON PLACING THE ORDER/BUYER or the third party designated by the PERSON PLACING THE ORDER/BUYER takes delivery of the last item,
- b) For goods consisting of more than one part, the day on which the PERSON PLACING THE ORDER/BUYER or the third party designated by the PERSON PLACING THE ORDER/BUYER takes delivery of the last part shall be taken as the basis.

The PERSON PLACING THE ORDER/BUYER must send the product to the SELLER together with the notice of withdrawal.

The PERSON PLACING THE ORDER/BUYER is obliged to return the goods to the SELLER or to the person authorised by the SELLER within fourteen days from the date on which they submitted the notice stating that they have exercised the right of withdrawal. All returns are made strictly without the packaging (protective tape) of the product being damaged.

A decrease in the value of the goods taken into delivery by the PERSON PLACING THE ORDER/BUYER or the existence of a reason making return impossible does not prevent the exercise of the right of withdrawal. However, the PERSON PLACING THE ORDER/BUYER accepts and declares that they will compensate the SELLER for the decrease in the value of the goods arising from their own fault.

7.2 Unless otherwise agreed in writing by the parties, the Buyer may not, by law, exercise the right of withdrawal in relation to the following Products/services, even if they have not been used:
- a) Products or services whose price varies depending on fluctuations in the financial markets and which are not under the control of the Seller,
- b) Products prepared in line with the Buyer's requests or personal needs (those made specific to the person/personal needs by making changes/additions to them),
- c) Products that may perish quickly or whose expiry date may pass,
- d) Products whose protective elements such as packaging, tape, seal or wrapping have been opened after delivery and whose return is therefore not suitable in terms of health and hygiene;
- e) Products such as body cream, body oil, body lotion and similar items whose return is not suitable in terms of health and hygiene if they have been opened, used or tried after delivery,
- f) Products which, after delivery, become mixed with other products and which by their nature cannot be separated,
- g) Services whose performance has begun with the Buyer's approval before the expiry of the withdrawal period.
7.3 The Buyer must submit the notice stating that they have exercised the right of withdrawal to the Seller in writing or by durable data storage device within the period specified above, in the following manner.
- 7.3.1 Where the right of withdrawal is exercised before the products are delivered to the courier company for transmission to the Buyer, it is sufficient for the notice stating that the right of withdrawal has been exercised to be sent to the SELLER in writing or by durable data carrier, within the period stated in this article, to the postal address, telephone number, fax number and e-mail address of the SELLER notified in Article 1.
- 7.3.2 Where the right of withdrawal is exercised after the products have been delivered to the courier company for transmission to the Buyer, the Buyer shall complete the return form in the system together with the invoice delivered with the product and shall send the Products, complete and undamaged, together with their box, packaging and standard accessories, if any, to the courier company notified by the Seller. For returns of Products whose invoice is issued in the name of a legal entity, a return invoice must be issued.
7.4 In the event that the right of withdrawal is exercised, the Buyer is obliged to return the Product(s) to the Seller within ten (10) days at the latest from the date on which they submitted the notice of withdrawal to the Seller. The shipping cost of the returned Product shall be borne by the Seller, provided that the courier company contracted by the Seller is used.
7.5 Provided that the right of withdrawal is exercised by the Buyer within the period and in accordance with the procedure, the Seller shall, within 14 days from the date on which the notice of withdrawal reaches it, refund to the Buyer the price of the Product and all payments collected, including the costs of delivery of the goods to the consumer, if any, in a manner appropriate to the payment instrument used by the Buyer when purchasing the Product. Delivery costs collected from the customer shall be borne by the Seller only if all products subject to the same order are returned.
7.6 In cases of withdrawal in accordance with the law and other order/Agreement cancellations, the Seller's rights to collect and set off from the Buyer any discount on the Product price and/or any reward points and similar monetary values are reserved.
7.7 In cases where no right of withdrawal is provided by law, the right of withdrawal cannot be used, and in cases where this right is not exercised in accordance with the procedure or in due time, the Buyer loses the right of withdrawal.
7.8 In the event that the order placed by the Buyer contains more than one product and the Buyer wishes to return some of these products, the Buyer may exercise the right of withdrawal in respect of those products only after the product has been delivered to them.
7.9 This information is provided for commercial purposes in accordance with the remote communication tools used and within the framework of the principles of good faith, in a manner that protects minors and persons who lack or have limited capacity of discernment.
7.10 Partial returns are not accepted for promotional or campaign products. In the event of a return, all products must be returned together.

Article 8. Matters Relating to Confidentiality, Information Security, Personal Data and Intellectual Property Rights

8.1 The necessary measures for the security of the information and transactions entered by the Buyer on the Website have been taken in the system infrastructure on the Seller's side, according to the nature of the information and the transaction and within the limits of technical possibilities. However, since the information in question is entered from the Buyer's device, the responsibility for taking the necessary measures on the Buyer's side to protect it and to prevent access by unrelated persons, including those relating to viruses and similar harmful applications, belongs to the Buyer.
8.2 The Buyer may at any time stop the use and processing of data and/or communications by contacting the Seller through the stated communication channels. In accordance with the Buyer's express notification on this matter, the processing of personal data and/or communications to them shall be stopped within the maximum legal period; furthermore, if they so wish, information other than that which must be retained by law and/or that which it is possible to retain shall be deleted from the data recording system or anonymised so that the identity cannot be determined. If the Buyer wishes, they may at any time apply to the Seller through the above communication channels and obtain information on matters such as the transactions relating to the processing of their personal data, the persons to whom it is transferred, the correction of the data if it is incomplete or incorrect, the notification of the corrected information to the relevant third parties, the deletion or destruction of the data, the objection to a result arising against them as a consequence of the data being analysed by automated systems, and the compensation of damage in the event that they suffer damage due to the unlawful processing of the data. Applications and requests on these matters shall be fulfilled within the maximum legal periods or may not be accepted, with the legal grounds explained to the Buyer.
8.3 All intellectual, industrial and property rights relating to all kinds of information and content of the Website and to the arrangement, modification and partial/full use thereof belong to the Seller, with the exception of those belonging to other third parties in accordance with the Seller's agreements.
8.4 Following their approval, the Buyer may at any time access and examine the Preliminary Information and Agreement text sent to their e-mail address by recording and storing the said e-mail on a durable data storage device. The Seller shall also keep and store the Preliminary Information and Agreement text in its systems for a period of three years.
8.5 The Buyer accepts and declares that the personal information provided in this application form is correct, that all data such as shopping and personal information that they will provide in any way whatsoever within the scope of their order together with this information may be collected by the Seller and, without being limited to those stated herein, by its affiliates, subsidiaries, all kinds of service provider companies with which it works within the scope of the Programme and their shareholders and employees ("Programme Collaborators"), even if the Buyer's membership ends for any reason whatsoever, that this data may be processed by the Programme Collaborators, and that the Seller and/or the Programme Collaborators are not responsible for damages that may arise as a result of the information in the application form not being updated or incorrect information being provided.
8.6 The Buyer has been informed that they have the rights to learn whether their personal data is being processed, to request information about it if their personal data has been processed, to learn the purpose of the processing of their personal data and whether it is used in accordance with that purpose, to know the third parties in the country or abroad to whom the personal data is transferred, to request the correction of their personal data if it has been processed incompletely or incorrectly, to request the deletion or destruction of their personal data within the framework of the conditions set out in the law, to request that the correction, deletion or destruction of their personal data be notified to the third parties to whom the personal data has been transferred, to object to a result arising against themselves as a consequence of the processed data being analysed exclusively through automated systems, and to request compensation for the damage in the event that they suffer damage due to the unlawful processing of their personal data.

Article 9. Force Majeure

9.1 Situations that did not exist or were not foreseen on the date of signature of the agreement, that develop outside the control of the parties and whose occurrence makes it impossible for one or both of the parties to fulfil, in whole or in part, the obligations and responsibilities undertaken under the agreement or to fulfil them on time, shall be accepted as force majeure (natural disaster, war, terrorism, uprising, epidemic disease, changes in legislative provisions, confiscation or strike, lockout, significant breakdowns in production and communication facilities, etc.). The party affected by the force majeure shall notify the other party of the situation immediately and in writing.
9.2 No liability shall arise for the parties due to their inability to fulfil their obligations during the continuation of the force majeure. If this force majeure situation continues for a period of 30 (thirty) days, each of the parties shall have the right of unilateral termination.

Article 10. Competent Courts and Enforcement Offices in the Event of a Dispute

The consumer may contact the Seller through the following communication channel regarding problems experienced during or after shopping on the Seller's website.

Phone: 05366103857

E-mail: info@rockstarsafetyropes.com

In disputes that may arise from this Agreement, the Provincial and District Consumer Arbitration Committees are competent and authorised within the monetary limits determined and announced each year by the Ministry of Customs and Trade as required by law, and the Consumer Courts are competent and authorised in cases exceeding these limits. In this framework, the BUYER may apply to the Arbitration Committees and Consumer Courts at their own place of residence or, if they wish, at the place of residence of the Seller.

Article 11. Declaration of Acceptance and Approval

The Buyer accepts and declares that they have read all the conditions and explanations written in this Agreement and in the Order-Agreement Preliminary Information which is contained on the Website and forms an integral part hereof, that they had prior knowledge of the essential features and characteristics of the Product(s) subject to sale, the sale price, the method of payment, the delivery conditions, the Seller and all other preliminary information and notifications relating to the Product subject to sale, as well as of the right of withdrawal and personal information, that they saw and read all of it electronically on the Website, that they accept its content, and that by giving their electronic confirmation-approval-acceptance-consent to all of this and ordering the Product they accept the provisions of this Agreement.

In order for the Distance Sales Agreement to be concluded, this agreement must be approved electronically by the PERSON PLACING THE ORDER.

This agreement becomes valid after it has been signed electronically by the PERSON PLACING THE ORDER and transmitted to the SELLER.

I have read the Distance Sales Agreement, and I accept and approve its content.