Distance selling contract
DISTANCE SALES CONTRACT
SIDES
SELLER-PROVIDER
Title: Nice Textile Products Industry and Trade Limited Company
Address: Cumhuriyet Mahallesi, Feriköy Fırın Sokak 5/9 Bomonti-Şişli Istanbul Turkey
Email: info@butfirstcoffee.com.tr
Phone: 0212 219 04 42
Fax: 0212 343 02 08
Bank Account: GARANTİ BANKASI A.Ş. BOMONTİ BRANCH / TL 1470- 629 63 98
TR18 0006 2001 4700 0006 296 398
-------------------
BUYER (CONSUMER)
Name, Surname/Title:
Address:
Email:
Telephone:
Fax:
SUBJECT OF THE CONTRACT: PRODUCT, PRICE, PAYMENT AND DELIVERY
1. The subject of this Agreement is regarding the sale and delivery of the following products ("Product/Products") which the BUYER orders electronically from the SELLER's website www.butfirstcoffee.com.tr ("WEBSITE"). It is to determine the rights and obligations of the parties who are consumers and sellers in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts.
2. This Agreement is valid if the BUYER is a consumer (if he does not purchase the products for a professional and/or commercial purpose) in accordance with the TKHK.
Type and Type, Quantity, Brand/Model, Sales Price and Delivery Information of the products (goods/services) are as stated below.
Product Description Price
Shipping cost
Total (VAT included) Price
Payment method:
Delivery address:
To whom it will be delivered:
Billing address:
Other matters regarding delivery are determined in the relevant provisions of the Contract.
RIGHT OF WITHDRAWAL
1. SELLER makes the following commitment to BUYER.
"The consumer has the right to withdraw from the contract by rejecting the goods or services within seven days from the date of receipt of the goods or the date on which the contract is signed, without assuming any legal or criminal liability and without giving any justification (and without paying any penalty), and to take back the goods from the date on which the notice of withdrawal reaches the seller or provider." We commit.”
2. However, in accordance with the relevant legal regulations, there is no right of withdrawal in contracts regarding the following goods/services, even if they have not been used/utilized: Produced in line with the special wishes of the consumer or his personal needs (including those made specific to the person/personal needs by making changes or additions). goods; Goods that are not suitable for return due to their nature, such as cosmetics etc. and foodstuffs such as chocolate etc., are in danger of deterioration quickly or are likely to expire; Audio or video recordings, software programs and computer consumables such as CDs, DVDs whose packaging has been opened by the consumer; Goods whose prices are determined in organized markets such as stock exchanges; Publications such as newspapers and magazines; betting and lottery related services; In general, all services performed instantly electronically and all kinds of intangible goods delivered instantly to the consumer. In addition, services that are started to be performed within the right of withdrawal period with the approval of the consumer and other goods and services that are considered outside the scope of distance sales in accordance with the relevant legislation.
3. In order to exercise the right of withdrawal, notification must be made to the SELLER within this period. (This notification can be made to the SELLER's contact address specified in this Agreement via a permanent data carrier-remote communication tool such as a letter or e-mail.) In case this right is exercised, in addition to the said notification, the Product delivered to the 3rd party or the BUYER. An example of the cargo delivery report stating that the product was sent to the SELLER and the original invoice must be returned (in accordance with tax legislation). In addition, the Products that need to be returned must be delivered to the SELLER complete and undamaged, including their box, packaging and standard accessories, if any. The shipping cost of the product returned using the right of withdrawal is covered by the SELLER.
4. In addition to the cases where a return invoice must be issued by the BUYER, the return section below on the invoice to be returned with the Product must be filled in and signed. Order returns with invoices issued on behalf of institutions will not be accepted unless a RETURN INVOICE is issued.
5. The product price will be refunded to the BUYER within 10 days following the receipt of the above documents and the Product to the SELLER. For credit card payments, the refund is made by refunding the BUYER's credit card (the provisions and explanations regarding the refund of Article 8 of the General Provisions are also valid in cases of refund due to the exercise of the right of withdrawal).
6. In the case of Products for which the right of withdrawal can be exercised, again in accordance with the legislation, if there are changes and deteriorations in the goods due to use other than ordinary use, or a decrease in value in general due to the fault of the consumer, the Consumer shall be responsible for this decrease in value, and if there is an impossibility of return, the value of the goods. (above sales price) must be compensated to the SELLER.
GENERAL PROVISIONS
1. BUYER accepts that he/she has received preliminary information regarding the basic characteristics of the products shown on the WEBSITE, the sales price including all taxes, payment method, delivery and right of withdrawal and terms of use, has read and informed himself and has given the necessary confirmations-approvals for the sale in electronic environment. It does.
2. The product subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated within 7 business days for each product, depending on the distance of the BUYER's residence, provided that it does not exceed the legal 30-day period (and an additional 10 days if the BUYER is informed in advance). It is delivered by the cargo company that the SELLER has a contract with. The SELLER sends the products it sells to the BUYERS through CARGO companies and has them delivered.
3. In general, unless otherwise stated, delivery costs (shipping fee, etc.) belong to the BUYER. The SELLER may not reflect all or part of the delivery costs to the BUYER, depending on the results of the campaigns it carries out at the time of sale and the terms of which are announced on the WEBSITE.
4. If the products delivered to the address are not at the BUYER's address at the time of delivery, the SELLER will be deemed to have fulfilled its obligation fully and completely. If there is no one at the address to receive the delivery, it will be the BUYER's responsibility to contact the cargo company and track the shipment of the products. 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 is not present at the address or does not accept the delivery. In these cases, any damages arising from the BUYER's late receipt of the Product and the expenses incurred due to the Product waiting in the cargo company and/or returning the cargo to the SELLER also belong to the BUYER.
5. The BUYER is responsible for checking the Product upon receipt and, if he sees a problem with the Product caused by the cargo, not accepting the Product and filing a report with the CARGO company official. Otherwise, the SELLER will not accept responsibility. If the SELLER requests during the PRODUCT delivery, the BUYER is obliged to sign a printed copy of this Agreement; If the customer does not sign, the PRODUCT may not be delivered. This Agreement, approved by the BUYER while shopping on the WEBSITE, is sufficient and valid in all cases.
6. The BUYER must have paid the price in full before receiving the Product, unless otherwise stipulated in writing by the SELLER. In cash sales, if the Product price is not paid in full to the SELLER before delivery, and in installment sales, if the due installment amount is not paid, the SELLER may unilaterally cancel the contract and not deliver the Product.
7. If, for any reason, after the delivery of the product, the Bank/financial institution to which the credit card was used cannot pay the price of the Product to the SELLER, the Product will be returned to the SELLER by the BUYER within 3 days at the latest. If the failure to pay the product price is due to the BUYER's fault, the shipping costs will be covered by the BUYER. All other contractual and legal rights of the SELLER, including tracking that it will receive the Product price without accepting the return, are reserved separately and in any case. In order to avoid any hesitation; In cases where the BUYER pays the sales price with a credit card, installment card, etc. from banks and financial institutions, all the opportunities provided by these cards are credit and/or installment payment opportunities provided directly by the card issuer; Product sales that take place within this framework and for which the SELLER collects the price all at once or gradually are not credit or installment sales for the parties of this Agreement and are cash sales. The SELLER's legal rights in cases where sales are legally considered to be installment sales (including the rights to terminate the contract if the installments are not paid and/or demand payment of the entire remaining debt together with default interest) are present and reserved. In case of default by the BUYER, default interest is applied at the rate determined by the legislation.
8. If the Product cannot be delivered within the legal 30-day period due to extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquake, flood, fire) other than normal sales/delivery conditions and the delay exceeds 10 days, the SELLER will be responsible for the delivery. Informs the BUYER. In this case, the BUYER can cancel the order, order a similar product or wait until the end of the emergency. If the product price has been collected in case of order cancellations, it will be refunded to the BUYER within 10 days from the cancellation. For credit card payments, the refund is made by refunding the BUYER's credit card and the product amount is returned to the relevant bank within 10 days after the order is canceled by the BUYER; Since the reflection of this amount to the BUYER's accounts after the refund to the Bank is entirely related to the Bank transaction process, the BUYER accepts that it will not be possible for the SELLER to intervene and assume responsibility for possible delays. (Banks' process of reflecting the refund to the BUYER's account usually takes up to three weeks).
9. BUYER may report his/her requests and complaints regarding the product and sales to the SELLER through the SELLER communication channels in the introduction part of the Contract. If the SELLER requests during the PRODUCT delivery, the BUYER is obliged to sign a hanging copy of this Agreement; If the customer does not sign, the PRODUCT may not be delivered. This Agreement, approved by the BUYER while shopping on the WEBSITE, is sufficient and valid in all cases.
10. If it is understood that the Product/service subject to the Contract cannot be supplied for a justified reason, except for extraordinary circumstances, the SELLER may supply another good/service of equal quality and price by informing the CONSUMER in a clear and understandable manner and obtaining his approval, and thus fulfill his commitment subject to the Contract. is deemed to have brought it. In cases where the CONSUMER does not approve, the provisions regarding order cancellation apply.
11. This Agreement, which has been approved by the BUYER following the receipt and confirmation of preliminary information, is valid until the parties fulfill their payment/delivery obligations arising from this Agreement, without prejudice to the relevant provisions.
EVIDENCE AGREEMENT AND COMPETENT COURT
1. SELLER and BUYER records (including records on magnetic media such as computer-voice recordings) constitute conclusive evidence in resolving any disputes that may arise from this Agreement and/or its implementation; Consumer Arbitration Committees are authorized within the monetary limits determined by the Ministry of Customs and Trade of the Republic of Turkey in December every year, and in cases exceeding them, Consumer Courts and Enforcement Offices in the place of residence of the BUYER and SELLER are authorized.
2. BUYER has read all the conditions and explanations written in this Agreement and in the order-contract preliminary information form, which forms an integral part, and is aware of the basic characteristics of the Products subject to sale, sales price, payment method, delivery conditions, etc. that he/she has prior knowledge of all preliminary information regarding the Product subject to sale and the right of withdrawal, that he/she has seen the preliminary information electronically on the WEBSITE (the relevant Agreement is also sent to the e-mail address provided by the BUYER) and that he/she has confirmed and approved them electronically. By placing an order for the Product, you declare that you accept the terms of this Agreement.
