Distance Sales Agreement
This Distance Sales Agreement (hereinafter “Agreement”) is signed between “BUYER” whose name/title, address and contact information are in article 3 and Arkutbey Mah. Spa Sok. No: 7/A Hamamözü/Amasya/Turkey, Elmasia Tarım ve Gıda Ltd. St. (“ELMASİA”) in electronic environment within the framework of the terms and conditions stated below.
1. SUBJECT OF THE AGREEMENT
The subject of this Agreement is to determine the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers numbered 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the product, the qualities and sales price of which are specified below, that the BUYER has placed an order electronically on the website of the SELLER. .
2. ISSUES WHICH WAS INFORMED BEFORE THE BUYER
The BUYER is informed about the basic characteristics of the goods or services subject to sale, sales price, payment method, delivery conditions and all preliminary information about the goods or services subject to sale, and the right of "withdrawal", confirms these preliminary information electronically, and then confirms that the goods or services are subject to sale. accepts and declares that it has ordered the services in accordance with the provisions of this contract. The preliminary information and invoice on the payment page of the SELLER's website are integral parts of this contract.
3. PARTIES
3.1. SELLER Information:
Title: Elmasia Agriculture and Food Ltd. Sti. (“ELMASIA”)
(Mersis No: 0332126262000001)
Address: Arkutbey Mah. Spa Sok. No: 7/A Turkish Bath/Amasya/Turkey
Phone : +90 850 302 34 19
Fax : +90 850 302 34 19
E-mail address : info@elmasia.com.tr
3.2. Receiver informations:
Name Surname / Title : [cargo-username] [cargo-company-name]
Delivery Address : [shipping-address]
Phone : [phone-no]
Email / Username : [email-address]
3.3. Billing Information:
Name / Surname / Title: [invoice-user-name] [invoice-company-name]
Address : [invoice-address]
Phone : [phone-no]
Email / Username : [email-address]
(Invoice Delivery: The invoice will be delivered together with the order to the delivery address during order delivery.)
4. SUBJECT OF THE CONTRACT
4.1. Details of the products ordered by the BUYER, cash sales amounts including taxes and quantity information are given below. All of the products listed in the table below are hereinafter defined as PRODUCT.
[basket-amount]
Delivery Address : [shipping-address]
Delivery Person : [cargo-username] [cargo-company-name]
Order Date : [date]
4.2. The basic features of the product (type, quantity, brand/model, color, number) are available on the website of the SELLER.
4.3. Prices listed and announced on the site are sales prices. The announced prices are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
5. DELIVERY OF PRODUCTS
5.1. The PRODUCT is delivered to the delivery address specified by the BUYER on the WEBSITE or to the person/organization at the address indicated, packed with its invoice and intact, within 30 days at the latest, this period may be extended in cases of necessity.
5.2. If the PRODUCT is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.
5.3. The BUYER is responsible for checking the PRODUCT upon receipt; dented, broken, torn packaging, etc. damaged and defective products will not be delivered. BUYER; When he sees a problem caused by the cargo, he is responsible for not accepting the PRODUCT and keeping a report to the CARGO company official. Otherwise, the SELLER will not accept responsibility.
6. STATUS OF DEADLINE
The BUYER accepts, declares and undertakes that in case of default in the transactions made with the credit card, the cardholder bank will pay interest within the framework of the credit card agreement with him and will be liable to the bank.
7. GENERAL PROVISIONS
7.1. The BUYER accepts that he has read and learned the basic characteristics, sales price and payment method of the products displayed on the website and the preliminary information about the delivery and has given the necessary confirmation for the sale in the electronic environment.
7.2. BUYER; By confirming this contract electronically, the SELLER confirms that before the conclusion of the distance contracts, the address to be given to the BUYER by the SELLER, the basic features of the ordered products, the price of the products including taxes, payment and delivery information are correct and complete.
7.3. The SELLER is responsible for the delivery of the contracted product in a solid, complete manner, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.
7.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining its approval before the contractual performance obligation expires.
7.5. If the SELLER fails to fulfill its contractual obligations in the event that the delivery of the product subject to the order becomes impossible, it shall notify the BUYER before the contractual performance obligation expires and may supply the BUYER with a different product of equal quality and price.
7.6. For the delivery of the product subject to the contract, the signed copy of this Contract must be delivered to the SELLER and the price must be paid in the form of payment preferred by the BUYER. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.
7.7. If, for any reason, after the delivery of the PRODUCT, the bank/financial institution to which the credit card is processed does not pay the price of the PRODUCT to the SELLER, the PRODUCT shall be returned to the SELLER by the BUYER within 3 days at the latest, with all expenses borne by the BUYER. All other contractual-legal rights of the SELLER, including the follow-up of the PRODUCT price, are reserved separately and in any case.
7.8. If the PRODUCT cannot be delivered within 30 days and the delay exceeds 10 days due to extraordinary circumstances (such as weather opposition, earthquake, flood, fire) other than normal sales conditions, the SELLER informs the BUYER regarding the delivery. In this case, the BUYER can cancel the order, order a similar product or wait until the end of the extraordinary situation. If the price of the PRODUCT is collected in order cancellations, it is returned to the BUYER within 14 days from the cancellation. For credit card payments, the refund is made by way of a refund to the BUYER's credit card.
7.9. The BUYER declares and undertakes that while subscribing to the website of the SELLER, the personal and other information is truthful, and that the SELLER will immediately indemnify all damages due to the inaccuracy of this information, upon the first notification of the SELLER, in cash and in full.
8. RIGHT OF WITHDRAWAL
8.1. The SELLER has the right to withdraw from the contract by refusing the goods or services within 14 (fourteen) days from the date of receipt of the goods or the signing of the contract without any legal or penal liability and without giving any reason, and that the withdrawal notification is received from the SELLER or the product provider. undertakes to take back the goods from
8.2. In order to exercise the right of withdrawal, a written notification must be given to the SELLER within this period. If this right is exercised;
a) The original invoice of the PRODUCT delivered to the 3rd person or the BUYER (if the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the institutions will not be completed unless a RETURN INVOICE is issued.
b) Return form,
c) The products to be returned must be delivered complete and undamaged, together with the box packaging and standard accessories, if any.
8.3. The SELLER shall return the PRODUCT price to the BUYER within 14 days at the latest from the receipt of the withdrawal notification. For credit card payments, the refund is made by way of a refund to the BUYER's credit card.
The credit card refund procedure is outlined below.
In how many installments the BUYER has bought the product, the Bank makes the repayment to the BUYER in installments. After the SELLER has paid the entire product price to the bank in one go, in case the installment expenditures made from the Bank's POS are returned to the BUYER's credit card; If the parties involved in the matter do not become victims, the requested refund amounts are transferred by the Bank to the accounts of the bearer parties in installments. The installment amounts paid by the BUYER until the cancellation of the sale, if the refund date and the card's account cut-off dates do not coincide, 1 (one) refund will be reflected on the card each month, and after the BUYER has finished the installments paid before the refund, he will receive an additional month as the number of installments he has paid before the return, and will be deducted from existing debts.
8.4. As long as the BUYER sends the Goods to be returned to the SELLER with the contracted cargo company of the SELLER specified in the preliminary information form, the return shipping cost belongs to the SELLER. In the event that the BUYER sends the Goods to be returned by a cargo company other than the contracted cargo company of the SELLER specified in the preliminary information form, the SELLER is not responsible for the return shipping cost and the damage that the Good will suffer during the cargo process.
9. RULES ON PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGES AND INTELLECTUAL AND INTELLECTUAL RIGHTS
9.1. Name, surname, e-mail address, TR Identity number, demographic data, financial data, etc. of the BUYER, which can be defined as personal data within the scope of the Law on Protection of Personal Data No. 6698. informations; * to receive orders, to offer products and services, to develop products and services, to solve systemic problems, to perform payment transactions, to be used in marketing activities about orders, products and services, in case of prior approval, to update the information of the BUYER, and to manage and maintain memberships. It can be recorded indefinitely by the SELLER, the SELLER's subsidiaries and third parties and/or organizations, in writing/magnetic, for the purpose of performing the distance sales contract and other agreements established between the BUYER and the SELLER and to ensure that the technical, logistics and other similar functions of the third parties are performed on behalf of the SELLER. can be kept in archives, used, updated, shared, transferred and processed in other ways.
9.2. SMS/short message, instant notification, automatic call by the SELLER for credit card and membership information, transaction and applications for promotion, advertising, communication, promotion, sales and marketing purposes regarding all kinds of products and services, in accordance with the applicable legislation. Commercial electronic communications can be made with computers, telephones, e-mails/mails, faxes and other electronic communication tools. The BUYER has accepted to receive commercial electronic messages.
9.3. The necessary precautions for the security of the information and transactions entered by the BUYER on the Website have been taken in the system infrastructure of the SELLER, within the scope of today's technical possibilities, according to the nature of the information and transaction. However, since the said information is entered from the devices belonging to the BUYER, it is the BUYER's responsibility to take the necessary precautions, including those related to viruses and similar harmful applications, so that they are protected by the BUYER and cannot be accessed by unrelated persons.
9.4. The BUYER can reach the SELLER through the specified communication channels and request data usage-processing and/or communication to be stopped at any time. According to the clear notification of the BUYER on this matter, personal data transactions and/or communications to the party are stopped within the legal maximum period; In addition, if he wishes, his information, other than what is legally required and/or possible, is deleted from the data recording system or anonymized in an anonymous way. If the BUYER wishes, he/she may object to the emergence of a result against him/her by means of transactions related to the processing of his/her personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect information, notification of the corrected information to the relevant third parties, deletion or destruction of the data, analysis with automatic systems, The SELLER can always apply and get information on issues such as the elimination of damage due to the processing of the SELLER. The applications in question will be examined and the BUYER will be returned within the legal period, within the periods stipulated in the legislation.
9.5. Regarding all kinds of information and content of the Website and their arrangement, revision and partial/complete use; Except for those belonging to other third parties according to the SELLER's agreement; All intellectual and industrial rights and property rights belong to the SELLER.
9.6. On other sites accessed from the Web Site, their own privacy-security policies and terms of use are valid, the SELLER is not responsible for any conflicts or negative consequences that may arise.
10. EVIDENCE AGREEMENT and AUTHORIZED COURT
SELLER records (including records in magnetic media such as computer-sound recordings) constitute conclusive evidence in resolving any disputes that may arise from this Agreement and/or its implementation; Consumer Arbitration Committees are authorized up to the value declared by the Ministry, and in cases exceeding, the Consumer Courts and Enforcement Offices in the BUYER's and SELLER's settlements are authorized.
11. ENFORCEMENT
This Contract, which consists of 12 (twelve) articles, has been concluded and entered into force by being approved by the BUYER electronically. In the event that the payment for the order of the product subject to the contract is made through the website, the BUYER shall be deemed to have accepted all the terms of this contract and the contract will enter into force.
12. The BUYER declares, accepts and undertakes that he has read all the conditions and explanations written in this Contract and the order form that form its integral part, that he has received, reviewed and fully accepted the sales conditions and all other preliminary information.