Distance Sales Agreement

 
Every customer who becomes a member of our website and makes a purchase is deemed to have read and accepted all articles of the sales agreement prepared by us
Kalisan Kauçuk San. Ve Tic. Ltd. Şti
This agreement has been prepared pursuant to the obligation to enter into a contract for sales made over the internet under the Regulation on the Procedures and Principles for the Implementation of Distance Contracts published in the Official Gazette dated 13.06.2003 and numbered 25137, and its articles are as follows.
 
ARTICLE 1 – SUBJECT
The subject of this agreement is the sale and delivery by the SELLER to the BUYER of the product, the characteristics and sale price of which are specified below, and it covers 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 2.1 – SELLER INFORMATION
Title : Kalisan Kauçuk San. Ve Tic. Ltd. Şti (Hereinafter referred to as “Kalisan”)
Address   : Aliağa Organize Sanayi Bölgesi, Çoraklar mh. 5026 sk. No:42 Aliağa / Izmir / Türkiye
Phone : 0232 376 84 85
Fax     : 0232 376 84 87
Web      : www.kalisan.com.tr
 
ARTICLE 2.2 – BUYER INFORMATION
The person who has become a member of the www.kalisan.com.tr shopping site as a customer.
The address and contact details used at the time of membership shall be taken as the basis.
 
ARTICLE 3 – INFORMATION ON THE PRODUCT SUBJECT TO THE AGREEMENT
The type, quantity, color, number, sale price and payment method of the goods consist of the information at the moment the order is completed
 
ARTICLE 4 – GENERAL PROVISIONS
4.1 – The BUYER declares that he/she has read and is informed of all preliminary information regarding the basic characteristics, sale price and payment method of the product or products subject to the agreement specified in Article 3, as well as regarding delivery, and that he/she has given the necessary confirmation in electronic form.
4.2 – The product or products subject to the agreement shall be delivered to the BUYER or to the person/entity at the address indicated by the BUYER, for each product, within the period stated in the preliminary information depending on the distance of the BUYER’s place of residence, provided that the statutory 30-day period is not exceeded. This period may be extended by a maximum of 10 more days, provided that the BUYER is notified beforehand.
4.3 – If the product subject to the agreement is to be delivered to a person/entity other than the BUYER, Kalisan cannot be held liable if the person/entity to whom delivery is to be made does not accept the delivery.
4.4 – Kalisan is responsible for delivering the product subject to the agreement intact, complete, in conformity with the characteristics specified in the order and, if any, together with the warranty documents and user manuals.
4.5 – For delivery of the product subject to the agreement, it is a condition that the signed copy of this agreement has been delivered to Kalisan and that its price has been paid by the payment method preferred by the BUYER. If, for any reason, the product price is not paid or is cancelled in the bank records, Kalisan shall be deemed to be released from its obligation to deliver the product.
4.6- If, after delivery of the product, the relevant bank or financial institution does not pay the product price to Kalisan because the BUYER’s credit card has been used unjustly or unlawfully by unauthorized persons in a manner not arising from the BUYER’s fault, it is mandatory, provided that the product has been delivered to the BUYER, that the product be sent to Kalisan within 3 days. In this case, the shipping costs shall be borne by the BUYER.
4.7- If Kalisan cannot deliver the product subject to the agreement within the period due to force majeure or extraordinary circumstances such as adverse weather conditions or interruption of transport that prevent shipping, it is obliged to notify the BUYER of the situation. In this case, the BUYER may exercise one of the rights to cancel the order, to have the product subject to the agreement replaced with its equivalent, if any, and/or to postpone the delivery period until the preventing circumstance ceases to exist. If the BUYER cancels the order, the amount paid shall be refunded to him/her in cash and in a single payment within 10 days.
4.8- This agreement becomes effective from the moment it is approved by the BUYER during the membership process.
 
CREDIT CARD SECURITY
Our company places the security of credit card holders who shop at our e-store first and foremost. Your credit card details are not stored in our system in any way.
 
When you enter the transaction process, there are two things you should look for to tell that you are on a secure site. One of them is a key or padlock icon on the bottom line of your browser. This shows that you are on a secure web page, and all of your information is protected by being encrypted. This information is used only in connection with the sales transaction process and in accordance with the instructions you give. The information relating to the credit card used during shopping is encrypted by Rapid, independently of our shopping sites, with the 128-bit SSL (Secure Sockets Layer) protocol and transmitted to the relevant bank to be queried. If the availability of the card is approved, the shopping continues. Since no information regarding the card can be viewed or recorded by us, third parties are prevented from obtaining this information under any circumstances.
 
The reliability of the payment/invoice/delivery address information of orders placed online by credit card is checked by our company against Credit Card Fraud. Therefore, in order for the orders of customers placing an order for the first time from our shopping sites to reach the supply and delivery stage, the accuracy of their financial and address/telephone information must first be verified.
 
E-MAIL SECURITY
Never write your credit card number or passwords in the e-mails you send to Customer Services regarding any of your orders. The information contained in e-mails can be seen by third parties. Our company cannot guarantee the security of information transmitted through your e-mails under any circumstances.
 
RIGHT OF WITHDRAWAL
The BUYER has the right of withdrawal within seven (7) days from delivery of the product subject to the agreement to him/her or to the person/entity at the address he/she has indicated. In order to exercise the right of withdrawal, it is a condition that notice be given to Kalisan by fax, e-mail or telephone within this period and that the product has not been used within the framework of the provisions of the relevant article. If this right is exercised, it is mandatory to return the original invoice together with a copy of the cargo delivery record showing that the product delivered to the 3rd party or to the BUYER has been sent to Kalisan. The product price shall be refunded to the BUYER within 7 days following the receipt of these documents. If the original invoice is not sent, VAT and other statutory obligations, if any, cannot be refunded. The cargo cost of a product returned due to the right of withdrawal shall be borne by the BUYER.
Furthermore, the consumer cannot exercise the right of withdrawal for goods produced in accordance with the consumer’s special wishes and requests or made personalized by making changes or additions to them.
If the payment is made by credit card or a similar payment card, the consumer may request cancellation of the payment transaction on the grounds that the card was used without his/her consent and unlawfully. In this case, the card-issuing institution shall refund the payment amount to the consumer within 10 days of being notified of the objection.
 
RETURN AND CANCELLATION CONDITIONS 
In order to ensure 100% customer satisfaction, the seller makes up for errors originating from itself. The right of withdrawal cannot be exercised for personalized products. In the event of a problem, the product is replaced with a new one and sent. When a defective product is involved, a new one is made and sent to the buyer. The shipping fee situations are specified below.
 
  1. For non-personalized products, your order can be cancelled before it is handed over to the cargo company. If the order has been handed over to the cargo company, the shipping is borne by the buyer or the refund is made with the round-trip shipping fee deducted by the seller.
  2. If the product has been sent defective or incomplete, the product is exchanged and sent free of charge. In this case, the customer may exercise the right of withdrawal and request a refund of the fee; the round-trip shipping fee is borne by the seller.
  3. For return requests where there is no defect and that arise at the customer’s request after delivery of the goods, the shipping fee ( round-trip) is deducted and the refund is made. In the case of an exchange or partial return in the same situation as well, the cargo round-trip shipping fee is borne by the buyer.
  4. In the case of return requests due to delays caused by the cargo company, the double-sided (round-trip) shipping fee may be deducted and a refund of the remaining amount may be requested.
  5. The round-trip shipping fee of a product returned due to the right of withdrawal is borne by the buyer.
  6. In the case of return and exchange requests for a product purchased by mistake, the round-trip shipping fee is borne by the buyer.
 
 
IMPORTANT!
Kalisan is responsible for shipping orders on the stated date. The delivery dates stated on the site are the ranges declared by the cargo companies. It should be taken into account that delays caused by the cargo company may occur, and orders should be placed with a safety margin. The cargo delivery time is on average 1-3/4 days depending on the location. This applies to central locations, and the time may be longer in some regions. Just as no commitment that the cargo will arrive within a certain period has been given to our company by the carrier companies, they also do not accept any sanction in this regard. For this reason, no commitment regarding the cargo arrival date can be given to our customers, our company cannot be held responsible for delays caused by cargo companies, and such delays cannot be regarded as grounds for return. In the event of a return, the double-sided ( round-trip) shipping fee may be deducted and a refund of the remaining amount may be requested.
 
In the application of this agreement, up to the value announced by the Ministry of Industry and Trade, the Consumer Arbitration Committees and the Consumer Courts at Kalisan’s domicile are competent.
 
If the order is concluded, the BUYER shall be deemed to have accepted all the conditions of this agreement.
 
 

Information Notice Regarding Personal Data

Data Controller: Kalisan Kauçuk San. Ve Tic. Ltd. Şti.
Address: Aliağa Organize Sanayi Bölgesi, Çoraklar mh. 5026 sk. No:42
Aliağa / Izmir / Türkiye
Contact: 0232 376 84 85 www.kalisan.com.tr

As Kalisan, we attach importance to the security of your personal data. Within the framework of the regulations introduced by Law No. 6698 on the Protection of Personal Data (KVKK), our company wishes to inform you, our valued customers, in its capacity as the “Data Controller” as defined in the KVKK, about how personal data is collected and processed and about the purpose of processing. The personal data that you, our valued customers, have shared with our company by giving explicit consent may be processed in the company records, in the manner determined by the KVKK and limited to the company’s field of activity, and may be used for profiling and classified.

1. Purpose of Processing of Personal Data

They will be processed within the personal data processing conditions and purposes specified in Articles 5 and 6 of the KVKK. The e-mail and telephone details you provide at the order stage are generally used for providing information on the process at the order stage. Sharing cargo information, requesting missing information if any, and requests for feedback after the order and on the shopping experience are examples of the ways in which our company uses data. Communications may be made by call, e-mail, SMS or other technologies. The data may be used, provided that it remains within our company, for marketing activities such as the introduction of new products, campaigns, announcements, etc. 2. To Whom and for What Purpose the Processed Personal Data May Be Transferred Our company may transfer the personal data it has collected, in accordance with the basic principles stipulated by the KVKK and provided that it is within the personal data processing conditions and purposes specified in Articles 8 and 9 of the KVKK, for the purposes stated above, to our business partners, business associates, subcontractors and performance assistants in line with the PURPOSE OF THE SERVICE WE PROVIDE, or to the supervisory and regulatory official institutions regulated by law and mandated by laws, domestically and abroad, within the framework of the legislation.

 

3. Method and Legal Basis of Collecting Personal Data

Your personal data is obtained in any oral, written or electronic medium, in line with the purposes set out above, in order to enable our services to be provided and to be able to fulfil the responsibilities arising from the contract and the law completely and accurately.. Your personal data collected on this legal basis may also be processed and transferred, within the personal data processing conditions and purposes specified in Articles 5 and 6 of the KVKK, for the purposes specified in items (1) and (2) of this text.

 

4. Rights of the Data Subject Listed in Article 11 of the KVKK

In this scope, personal data subjects have the right to:

  • Learn whether personal data is processed
  • Request information regarding it if personal data has been processed
  • Learn the purpose of processing of personal data and whether it is used in accordance with its purpose
  • Know the third parties to whom personal data is transferred, domestically or abroad
  • Request correction of personal data if it has been processed incompletely or incorrectly, and request that the action taken in this scope be notified to the third parties to whom the personal data has been transferred
  • Request the deletion or destruction of personal data in the event that the reasons requiring its processing cease to exist, even though it has been processed in accordance with the KVKK and other relevant legal provisions, and request that the action taken in this scope be notified to the third parties to whom the personal data has been transferred
  • Object to the emergence of a result against the person himself/herself by the analysis of the processed data exclusively through automated systems
  • Request compensation for the damage if they suffer damage due to the unlawful processing of personal data. Pursuant to paragraph 1 of Article 13 of the KVKK, you may submit your request regarding the exercise of the rights stated above in writing.