Distance Sales Contract
ARTICLE 1: PARTIES
|Title||:||Kahve Mania INS. TAS. TUR. VE GIDA ÜRÜNLERI SAN. VE TIC. LTD. STI.|
|Address||:||Umurbey Mahallesi 1501 Sokak No:2/A Alsancak / IZMIR|
|Phone||:||0232 422 19 32|
1.3 FEATURES OF PRODUCT:
1.4 DELIVERY PRICE OF PRODUCT INCLUDING ALL TAXES
ARTICLE 2: SUBJECT
The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law on Protection of Consumers No. 6502 and the Regulation on the Principles and Procedures of Implementation of Distance Contracts for the sales and delivery of the product, of which qualifications and selling price are stated below, which was ordered by the BUYER from the SELLER on www.coffeemania.com website.
ARTICLE 3 – PRODUCT SUBJECT TO THE CONTACT
Type and Form of Products, Quantity, Brand/Model, Color and Sales Price and Delivery Information are as follows.
VAT Included Price
ARTICLE 4 – GENERAL PROVISIONS
4.1 BUYER declares that he/she has read the relevant information about the basic qualifications of the product subject to the contract on www.coffeemania.com, the sale price and the payment type, including all taxes, and the delivery and the costs thereof to be borne by the BUYER, the time of delivery and the full commercial title, full address and contact information of the SELLER, and he/she has given the necessary confirmation in electronic environment.
By confirming this contract in electronic environment, BUYER confirms that the address, the basic specifications of the products ordered, the price including the taxes including the taxes, the payment and delivery information required to be provided by the Seller to the Consumer prior to the conclusion of the distance contracts have been obtained accurately and completely.
The Parties hereby accept and declare that they agree on the provisions of this Contract as well as the provisions of the Law on the Protection of Consumers no. 4077, and the provisions of the Regulation on Distance Contracts published in the Official Gazette dated 06.03.2011 and numbered 27866 and that they will act in accordance with these provisions. 4.2 The product subject to the contract shall be delivered to the BUYER or the person / organization at the address indicated in the preliminary information on the website, depending on the distance of the BUYER for each product provided that it does not exceed 30 days from the date of the order. Any cargo fee related to the delivery shown in Article 3 shall be borne by the BUYER and shall be reflected in the invoice related to the order under the article of “Shipping Fee”. 4.3 If the product subject to the contract is to be delivered to any person / organization other than the BUYER, the SELLER shall not be held liable for the person/organization not accepting the delivery. 4.4 The SELLER shall not be held liable for any problems that the cargo company may encounter in the delivery stage of the product and failure to deliver to he product to the BUYER. 4.5 The SELLER is responsible for the delivery of the product subject to the contract in full and in a solid manner, in accordance with the qualifications specified in the order and with the warranty documents and user manuals, if any. 4.6 The SELLER may deliver a different product at the same quality and price to the BUYER before the expiration of the contractual performance obligation, provided that it is based on a just cause.
4.7 If the SELLER fails to fulfill the contractual obligations in case the product or service subject to the order becomes impossible to be delivered, he/she shall inform the consumer before the expiration of the contractual performance obligation and can supply a different product at the same quality and price to the BUYER if available in stock. 8.4 In the event that the order and/or service becomes impossible to be fulfilled at the end of the campaign period, the SELLER reserves the right to supply different products with equal quality and price in order to fulfill the contractual obligations. However, the Consumer accepts that the Seller reserves the right to return the product price to him/her by declaring that the purchased product cannot be supplied because it is not available in stock before the obligation of performance is expired. Although the Consumer is notified that the product is not available in stock, it cannot demand a different product to be supplied with equal quality and price instead of a refund. 4.9 For the delivery of the product subject to the contract, the signed copy of the contract should be delivered to the SELLER and the price should be paid in the payment method preferred by the BUYER. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER shall be deemed to have been relieved from the obligation to deliver the product. 4.10 Due to unauthorized or unlawful use of the credit card, debit card, debit card and / or Ininal card and other payment systems on the website by unauthorized persons after the delivery of the product, which is not caused by the BUYER's fault, if the related bank or financial institution does not pay the product price to the SELLER, the BUYER is obliged to send the return product to the SELLER within 3 days provided that it has been delivered to him/her. In this case, the shipping costs belong to the BUYER. 4:11 The SELLER is obliged to inform the BUYER of the situation if the Seller fails to deliver the product subject to the contract due to extraordinary circumstances such as force majeure, adverse weather conditions or disruption in transportation. In this case, if the BUYER cancels the order, the amount paid will be repaid to him/her fully in cash and within 10 days.
In case of the payments made by the BUYER with credit card, debit card and/or bank card and other payment systems offered on the website, the product amount shall be returned to the related bank within 7 days after the cancellation of the order by the BUYER. In the case of payments made with Ininal Card, the product amount shall be returned to the user's Innial Card account within 24 hours after the order is canceled by the BUYER. After the return of this amount to the bank and/or Ininal Card account, its reflection to the accounts of the BUYER is completely related to the transaction process of the Bank and/or Ininal Card, and it is not possible for the SELLER to intervene in any way regarding this issue. 4.12 All articles of this Contract have been read and mutually accepted by the Buyer and Seller, and this Contract shall enter into force as of the date of approval by the Buyer in electronic environment.
ARTICLE 5 – RIGHT OF WITHDRAWAL
The BUYER has the right of withdrawal without having to show any reason within 14 days after the delivery of the product subject to the contract to the person/organization indicated by him/her. In order to use the right of withdrawal, the SELLER shall be notified by fax, telephone or e-mail within a period of 14 days and the product shall not be used in accordance with the provisions of Article 6 and shall be of a nature to be resold by the SELLER. If this right is used,
a. The invoice of the product delivered to the third party or to the BUYER, (If the invoice of the product to be returned is corporate invoice, it must be sent together with the return invoice issued by the institution when it is returned. The order returns with the invoices issued on behalf of the institution shall not be completed unless the RETURN INVOICE is issued)
b. Return form,
c. The products to be returned within a period of 14 days should be delivered in a complete and undamaged manner with the box, package and standard accessories, if any. Within 7 days after the receipt of these documents by the SELLER, the product price shall be returned to the BUYER. The delivery price of the product returned for any reason within the period shall be covered by the SELLER.
While the product is returned to the SELLER, the original invoice which has been submitted to the BUYER during the delivery of the product should also be returned (in order to ensure consistency in our accounting records). In the event that the invoice is not sent to the SELLER together with the product or within 5 days at the latest after the product is sent, the return process shall not be carried out and the product shall be sent back to the BUYER in the same way with the counter-payment. On the invoice that shall be returned with the product, the “return invoice” phrase shall be written and signed by the BUYER.
ARTICLE 6 – PRODUCTS EXCLUDED FROM RIGHT OF WITHDRAWAL
10.1. In case the distance contract is related to the sale of goods, within 14 (fourteen) days from the date of delivery of the product to the person/organization at the address indicated by him/her, the BUYER may use the right of withdrawal from the contract without any legal and criminal responsibility and by refusing the product without giving any justification to the SELLER. In the case of distance contracts relating to the provision of services, this period starts from the date of signing the contract. The right of withdrawal shall not be used in service contracts which are executed with the approval of the consumer before the expiry of the right of withdrawal. The costs arising from the use of the right of withdrawal are covered by the SELLER. The BUYER accepts that it has been informed about the right of withdrawal by agreeing on this Contract.
10.2. In order to use the right of withdrawal within 14 (fourteen) days, a written notice to the SELLER by registered mail, fax or e-mail shall be made and the product shall be unused in accordance with the provisions of the “Products Excluded from Right of Withdrawal”. If this right is used
a) The invoice of the product delivered to the third party or to the BUYER, (If the invoice of the product to be returned is corporate invoice, it must be sent together with the return invoice issued by the institution when it is returned. The order returns with the incoives issued on behalf of the institution shall not be completed unless the RETURN INVOICE is issued)
b. Return form,
c. The products to be returned within a period of 14 days should be delivered in a complete and undamaged manner with the box, package and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that burden the BUYER with debt to the BUYER within 10 days from the receipt of the withdrawal notification and to receive the return of the product within 20 days. e) If there is a decrease in the value of the product due to a reason caused by the BUYER's fault or if the return is impossible, the BUYER is liable to compensate the losses of the SELLER at the rate of his/her fault. However, the BUYER shall not be liable for any changes or deterioration caused by the proper use of the good or the product within the period of right of withdrawal. f) In case of getting below the campaign limit amount arranged by the SELLER due to the use of the right of withdrawal, the amount of discount used in the campaign shall be canceled.
ARTICLE 7 – DEFAULT AND LEGAL CONSEQUENCES
In case of default of the BUYER in the transactions made with the credit card, the BUYER shall pay the interest rate within the framework of the credit card contract with the bank and shall be liable to the bank. In such a case, the bank may apply for legal remedies and request from the PURCHASER the costs and attorney fees. In the event that the BUYER is in default due to his/her debt, the BUYER agrees to pay the damages and losses incurred by the Seller due to the delayed payment of the debt.
In case of default of the BUYER, the BUYER agrees to pay the damages and losses of the SELLER due to the delayed payment of the debt. In cases where the default of the BUYER originates from the fault of the SELLER, the BUYER shall not be obliged to cover any claims for damages and losses..
ARTICLE 8 – COMPETENT COURT
In the implementation of this contract, the Consumer Arbitration Committees and İzmir Courts in the location of the SELLER are authorized until the declaration of the Ministry of Customs and Trade. In case the order is approved, the BUYER is deemed to have accepted all the terms of this contract.
Kahve Mania INS. TUR. VE GIDA ÜRÜNLERI SAN. VE TIC. LTD. STI.