Kilk Exclusive Writing Instruments / Kilk Yazı Gereçleri

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Terms and Conditions

Article 1 Applicability

  1. These Terms are an integral part of all Agreements and apply to all (other) legal and other actions between Kilk and Customer.
  2. Kilk explicitly rejects the applicability of any general or specific terms and conditions or stipulations of the Customer.

Article 2 Offers and price indications

  1. All offers and price indications are entirely free of obligation unless a private contract has been dealt.
  2. All offers are made upon the condition that the product being offered is in stock (at our supplier). When the ordered products are temporarily not in stock, buyer will be notified by email and buyer will be offered the opportunity to wait for the ordered products or to cancel the order. When the ordered products are not available anymore, buyer will be notified of the cancellation of the order.
  3. All offers and price indications are based on the prices valid at the time of check out process. For the orders except from Turkey, price indications are exclusive of handling and postage and inclusive of sales taxes and customs fees.
  4. Each change in the factors that affect the price and the additional costs of Kilk, among which purchase prices, currency rates, import and export duties, and other levies payable at import or export, insurance rates, freight rates, and other levies or taxes, can be passed on by Kilk to the customer, insofar this is not forbidden by any imperative legal provision.
  5. If, upon acceptance, the offer made by Kilk is departed from, Kilk will regard this acceptance as an invitation to make a new offer. In that case, Kilk will make a new offer in writing, to which this article applies.

Article 3 Agreement

  1. An agreement can only be concluded if and insofar Kilk accepts an order from the customer, or if Kilk executes an Order.
  2. Amendments of and additions to any provision in an agreement and/or the terms can only be agreed upon in writing.
  3. If an amendment and/or addition, as intended in article 3.2, are agreed upon, this amendment or addition will only apply to the concerned agreement.

Article 4 International Long-distance purchasing

  1. This article shall only apply to long-distance purchasing by a consumer outside of Turkey.
  2. The customer may cancel the agreement with Kilk at any time up until the expiry of the fouteenth day from the day after the day on which the customer receives the goods. The customer is required to give Kilk any reason for cancelling the agreement.
  3. To cancel the agreement, the customer must send written notification to Kilk at the contact address.
  4. For all cancels without a reason customers are obliged to pay the shipping, taxes and all the custom duty fees.
  5. The customer is not entitled to cancel the agreement or return the goods where the goods have been modified/made to the customer’s personal specifications.

Article 5 Payment

1. Payment through credit card is accepted.

Date of delivery

  1. The date of delivery stated by Kilk is free of obligation and never to be considered a deadline.
  2. Kilk is never in default by the mere lapsing of the agreed delivery date, yet a written notice of default is always required.
  3. Exceeding a delivery date never entitles the buyer to any compensation, annulment of the agreement or any other legal action against Kilk. This does not apply in case of gross negligence or wilful intent on the part of Kilk nor if the delivery date is exceeded by more than four weeks. In that event, the buyer will be entitled to annul the agreement, however without being entitled to claim any compensation.

Article 7 Claims

  1. The buyer is required to verify the quantity of delivered goods and inspect the outside for visible damage.
  2. Claims concerning quantities and damage and/or defects visible from the outside should be submitted by the buyer in writing as soon as possible and in any case within 12 hours after delivery. In default thereof, the quantities specified on the delivery forms, invoices or related documents will be considered correct and the goods will be considered delivered without damage visible from the outside. If the quantity delivered falls less than 10% short of the total, the buyer is obliged to accept the delivery in full in exchange for a proportionate reduction in price.
  3. Claims based on non-visible damage and/or defects at the time of delivery as well as other claims should be submitted in writing with Kilk as soon as possible after delivery, and in any case within 24 hours, or, as the case may be, after any flaws have been detected or could reasonably have been detected. In default thereof, the buyer will be considered as having accepted the delivery.
  4. Late or wrongly filed claims have no legal effect and release Kilk from all liability.
  5. If it is established that the delivered goods do not meet the agreed specifications, Kilk will be allowed to a period equal to the original delivery period to replace the goods. The terms of payment as stipulated remain in full force.

Article 8 Warranty

  1. Kilk guarantees that the delivered articles comply with the customary demands and standards of these articles and that the articles are free of any defects.
  2. The warranty obligation from Kilk to the customer does not reach further than the warranty obligation of the suppliers of Kilk. The warranty cannot be invoked when the defect came into existence due to incompetent or improper use.
  3. When the delivered articles do not comply with the customer’s demands and standards, Kilk will, at Kilk’s discretion, replace or take care of repairs of the articles. Replacement or repairs will take place within a reasonable period of time after the articles have been returned to Kilk. When it is not reasonable to return the items to Kilk, Kilk will take care of repairs or replacement within a reasonable period of time after the customer has notified Kilk in writing.
  4. Defects of proper operation have to be reported in writing to Kilk within 14 days of the discovery of the defect and at the latest before the termination of the warranty period.
  5. Kilk will never be obliged to execute the warranty, or at least will have the right to suspend the warranty obligation, when and as long as the customer has not fully paid the amount due.

Article 9 Liability

  1. Kilk is never liable for any indirect damages incurred by the customer or third parties, including consequential damages, intangible losses, loss of profits and environmental damages, unless the concerned damages have been caused intentionally or due to the gross negligence of Kilk.
  2. In any case, the liability of Kilk towards the customer is limited per event (whereby a series of connected events count as one event) to the contractual amount before VAT of the concerned (partial) delivery.
  3. Except in the case of gross negligence or intent of Kilk, the customer will hold Kilk harmless against all claims of third parties, for whatever reason, regarding indemnification of damages, costs, or interests related to the products, respectively ensuing from the use of the products, or caused by or ensuing from work performed by Kilk outside its company.

Article 10 Applicable law and competent court

  1. All offers, all agreements as well as all ensuing obligations are exclusively governed by Turkish law/courts.

Kilk Model Kırtasiye Limited Şirketi

Payanda Sokak 30A 34664 Istanbul Turkey

Tax Office: Üsküdar

Tax Number: 563 120 8885