Distance Selling Agreement
Şireli Baklava Distance Sales Agreement
This Agreement has been accepted between the following parties under the terms and conditions stated below.
A.'Şireli Baklava': (hereinafter referred to as "SELLER" in the contract)
B.'BUYER': (hereinafter referred to as "BUYER" in the contract)
| Title | Sireli Baklava |
| address | Gazimuhtar Pasha Bulv. No:29, 27090 Şehitkamil/Gaziantep |
| Telephone | +9 0342 215 35 52 |
| E-mail address | info@sirelibaklava.com |
| Return Address | Gazimuhtar Pasha Bulv. No:29, 27090 Şehitkamil/Gaziantep |
| Name and surname | %recipient_name% |
| address | %recipient_address% |
| Telephone | %recipient_tel% |
| E-mail address | %recipient_email% |
%basket_products%
| Payment method | %ODEME_TUR% |
| VAT Amount | %order_vat% |
| Total Amount to be Paid (VAT Included) | %order_total% |
| Delivery address | %recipient_address% |
| Delivery Person | %recipient_name% |
| Billing address | %invoice_address% |
SALES PERSON
| Sireli Baklava |
BUYER
| %recipient_name% |
HISTORY
| %history% |
By accepting this contract, the BUYER accepts in advance that if he approves the order subject to the contract, he will be obliged to pay the price subject to the order and additional fees, such as shipping fee and tax, if any, and that he has been informed about this.
In the implementation and interpretation of this agreement, the terms written below will express the written explanations opposite them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law on Consumer Protection No. 6502,
REGULATION: Distance Contracts Regulation (OG: 27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than providing goods made or promised to be done in return for a fee or benefit,
SALES PERSON: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf or on behalf of the offerer of goods,
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
SYSTEM: SELLER's software,
ORDER BY: Real or legal person who requests a good or service through the SELLER's system,
SIDES: SELLER and BUYER,
AGREEMENT: This contract concluded between the SELLER and the BUYER,
GOODS: It refers to the movable goods subject to shopping and the software, sound, image and similar intangible goods prepared for use in electronic environment.
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualifications and sales price are specified above, which the BUYER ordered electronically through the SELLER's system.
The prices listed and announced in the system are the sales price. Declared prices and promises are valid until updated or changed. Prices announced periodically are valid until the end of the specified period.
ARTICLE 4 - INFORMATION ON THE PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT
4.1. The basic characteristics (type, quantity, number) of the Good/Product/Products are published in the SELLER's system. If a campaign has been organized by the seller, you can review the basic features of the relevant product during the campaign. It is valid until the campaign date.
4.2. The prices listed and announced in the system are the sales price. Declared prices and promises are valid until updated or changed. Prices announced periodically are valid until the end of the specified period.
4.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
4.4. The cargo/bus fee, which is the cost of product shipment, will be paid by the BUYER.
| Name and surname | %recipient_name% |
| address | %invoice_address% |
| Telephone | %recipient_tel% |
| E-mail address | %recipient_email% |
Invoice delivery: The invoice will be delivered to the billing address along with the order during order delivery.
6.1. BUYER accepts, declares and undertakes that he/she has read the preliminary information regarding the basic characteristics of the product subject to the contract, sales price and payment method and delivery in the SELLER's system, and has given the necessary confirmation electronically. BUYER's; He/she accepts, declares and undertakes that he / she confirms the Preliminary Information electronically and obtains the address to be given by the SELLER to the BUYER before the establishment of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, and the payment and delivery information accurately and completely. .
6.2. Each product subject to the contract is delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section in the system, depending on the distance of the BUYER's residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
6.3. SELLER undertakes to deliver the product subject to the contract completely, with information and documents in accordance with the qualifications specified in the order, to perform the work within the principles of accuracy and honesty, in accordance with the legal regulations, free from all kinds of defects, in accordance with the standards, to maintain and increase the service quality, during the execution of the work. accepts, declares and undertakes to show the necessary care and attention and to act with prudence and foresight.
6.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his express approval before the contractual performance obligation expires.
6.5. The SELLER accepts, declares and undertakes that if it becomes impossible to fulfill the product or service subject to the order and cannot fulfill its contractual obligations, it will notify the consumer in writing within 2 days from the date of learning of this situation, and will refund the total price to the BUYER within 14 days.
6.6. BUYER accepts, declares and undertakes that he/she will confirm this Agreement electronically for the delivery of the product subject to the contract, and that if the price of the product subject to the contract is not paid for any reason and/or is canceled in the bank records, the SELLER's obligation to deliver the product subject to the contract will end.
6.7. If the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the BUYER's credit card by unauthorized persons after the delivery of the product subject to the contract to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER shall accept the product subject to the contract. If it is not a perishable fresh food product, he accepts, declares and undertakes that he will return it to the SELLER within 3 days at his own expense.
6.8. The SELLER accepts, declares and undertakes to notify the BUYER of the situation if it cannot deliver the product subject to the contract within the time limit due to force majeure situations that develop beyond the will of the parties, are unforeseen and prevent and/or delay the parties from fulfilling their obligations. The BUYER also has the right to request from the SELLER to cancel the order, replace the product subject to the contract with a similar one, if any, and/or postpone the delivery period until the hindering situation disappears. If the order is canceled by the BUYER, the product amount will be paid in cash and in full within 14 days for the payments made by the BUYER in cash. For payments made by the BUYER by credit card, the product amount will be returned to the relevant bank within 14 days after the order is canceled by the BUYER. BUYER warns that the average process for the bank to reflect the amount returned to the credit card by the SELLER to the BUYER's account may take up to 2 to 3 weeks, and since the reflection of this amount to the BUYER's accounts after it is returned to the bank is entirely related to the bank transaction process, the BUYER should contact the SELLER for possible delays. accepts, declares and undertakes that it cannot be held responsible.
6.9. SELLER's communication, marketing, notification and communications through letters, e-mails, SMS, phone calls and other means through the address, e-mail address, landline and mobile telephone lines and other contact information specified by the BUYER in the system registration form or updated by him later. has the right to reach the BUYER for other purposes. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities towards him/her.
6.10. BUYER will inspect the goods/services subject to the contract before receiving them; dents, broken, packaging torn, etc. Damaged and defective goods/services will not be received from the cargo company. The goods/services received will be deemed to be undamaged and intact. The BUYER is responsible for carefully protecting the goods/services after delivery. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
6.11. If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability is detected in the credit card used in the order before the product is delivered to the BUYER, the SELLER will provide the identity and contact information of the credit card holder and the previous month's statement of the credit card used in the order. or may request the BUYER to submit a letter from the card holder's bank stating that the credit card belongs to him/her. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the said requests are not met within 24 hours, the SELLER has the right to cancel the order.
6.12. BUYER declares and undertakes that the personal and other information provided while subscribing to the SELLER's system is truthful, and that it will compensate the SELLER for all damages that it may incur due to the untruth of this information, immediately, in cash and in lump sum, upon the first notification of the SELLER.
6.13. BUYER accepts and undertakes to comply with the provisions of legal legislation and not to violate them when using the SELLER's system. Otherwise, all legal and criminal liabilities that may arise will be entirely and exclusively binding on the BUYER.
6.14. BUYER cannot use the SELLER's system in any way that disrupts public order, is contrary to general morality, disturbs or harasses others, for an unlawful purpose, or violates the material and moral rights of others. In addition, the member cannot engage in any activity (spam, virus, trojan horse, etc.) that prevents or complicates the use of the services by others.
6.15. Links may be provided through the SELLER's system to other systems and/or other content that are not under the SELLER's control and/or owned and/or operated by other third parties. These links are provided to provide ease of navigation to the BUYER and do not support any system or the person operating that system and do not constitute any warranty for the information contained in the linked system.
6.16. The member who violates one or more of the articles listed in this contract will be personally and criminally and legally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. Moreover; If the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.
7.1. BUYER; In case the distance contract is related to the sale of goods, since the product is a perishable food product from the date of delivery to the person or the person/organization at the address indicated, within 2 (two) days, without assuming any legal or criminal liability and without giving any justification, on the condition of notifying the SELLER, you can reject the goods and terminate the contract. may exercise the right of withdrawal. In distance contracts for service provision, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service begins with the approval of the consumer before the right of withdrawal expires. Expenses arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he has been informed about the right of withdrawal.
7.2. In order to exercise the right of withdrawal, written notification must be made to the SELLER by registered mail, fax or e-mail within 2 (two) days and the product must not have been used within the framework of the "Products for which the Right of Withdrawal cannot be Exercised" provisions set out in this contract. If this right is exercised,
a) The invoice of the product delivered to the third party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning it. Order returns whose invoice is issued on behalf of institutions cannot be completed unless the RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, including their box, packaging and standard accessories, if any.
D) The SELLER is obliged to return the total price and the documents that put the BUYER in debt to the BUYER within a period of 10 days at the latest after receiving the notice of withdrawal, and to receive the goods back within 20 days.
to) If the value of the goods decreases or the return becomes impossible due to a reason caused by the BUYER's fault, the BUYER is obliged to compensate the SELLER's damages in proportion to the fault. However, the BUYER is not responsible for any changes or deteriorations that occur due to the improper use of the goods or product within the right of withdrawal period.
f) If the campaign limit amount set by the SELLER falls below due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
8. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Disposable products that are prepared in line with the BUYER's request or clearly personal needs and are not suitable for return, goods that are in danger of rapid deterioration or that may exceed their expiration date, and if their packaging is opened by the BUYER after being delivered to the BUYER, it is not appropriate for health and hygiene to return them. Non-refundable products, products that are mixed with other products after delivery and cannot be separated due to their nature, cannot be returned in accordance with the Regulation if the packaging has been opened by the BUYER. In addition, it is not possible to exercise the right of withdrawal regarding services that started to be performed with the approval of the consumer before the right of withdrawal expires, in accordance with the Regulation.
In addition, in order for the product purchased by the BUYER to be returned, its packaging must be unopened, intact and unused.
9. DEFAULT AND LEGAL CONSEQUENCES
BUYER accepts, declares and undertakes that in case of default when making payment transactions by credit card, he will pay interest within the framework of the credit card agreement between the cardholder and the bank and will be responsible to the bank. In this case, the relevant bank may take legal action; may demand the expenses and attorney's fees incurred from the BUYER, and in any case, in case of default due to the BUYER's debt, the BUYER accepts, declares and undertakes to pay the loss and damage suffered by the SELLER due to the delayed performance of the debt.
In disputes arising from this contract, complaints and objections will be made to the arbitration committee or consumer court on consumer issues in the place where the consumer resides or where the consumer transaction is made, within the monetary limits specified in the law below. Information regarding the monetary limit is below:
Effective as of 01/01/2017, the value for applications to be made to consumer arbitration committees for 2017:
a) District consumer arbitration committees in disputes under 2,400 (two thousand four hundred) Turkish Liras,
b) Provincial consumer arbitration committees in disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras in provinces with metropolitan status,
c) Provincial consumer arbitration committees in disputes under 3,610 (three thousand six hundred and ten) Turkish Liras in the centers of provinces that do not have metropolitan status,
d) Provincial consumer arbitration committees are assigned to disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras in districts of provinces that do not have metropolitan status.
This Agreement is concluded for commercial purposes.
When the BUYER makes the payment for the order placed through the System, he/she is deemed to have accepted all the terms of this contract. The SELLER has made the necessary software arrangements to receive confirmation that this contract has been read and accepted by the BUYER in the system before the order is placed.
SALES PERSON:
| Sireli Baklava |
BUYER:
| %recipient_name% |
HISTORY:
| %history% |