Distance Selling Agreement
1.PARTIES
This Agreement has been signed between the following parties under the terms and conditions set forth below.
1- BUYER (hereinafter referred to as "BUYER" in the Agreement)
Name-Surname:
Address:
Telephone:
Email:
1- SELLER (Hereinafter referred to as "SELLER" in the Agreement)
Trade Name : SMILE FOOD FOOD INDUSTRY AND TRADE LIMITED COMPANY
Address: ERIKLI MAH. ERIKLI KUME EVLER STREET NO: 63 INSIDE DOOR NO: 1
SEHITKAMIL/ GAZIANTEP
Phone : + 90 532 454 2747
Fax:
Seller Central Registry Number:
Seller Email Address: info@smilefood.com.tr
Cargo Company to Which the Buyer Will Send the Goods to the Seller in Case of Return:
By accepting this contract, the BUYER accepts in advance that he/she will be obliged to pay the order price and additional fees such as shipping fee, tax, if any, if any, and that he/she has been informed about this.
2. DEFINITIONS
In the application 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: Consumer Protection Law No. 6502,
REGULATION: Distance Contracts Regulation (OG: 27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit.
SELLER: A company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf of or on behalf of those offering goods.
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes.
SITE: The website of the SELLER,
ORDERER: A natural or legal person who requests a product or service through the SELLER's website.
PARTIES: SELLER and BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS: It refers to the movable goods subject to shopping and software, sound, images and similar intangible goods prepared for use in electronic environment.
TOPIC 3
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically via the SELLER's website. The Distance Sales Agreement in question has been drawn up in accordance with the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts. The parties accept and declare that they are aware of and understand their obligations and responsibilities arising from the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, pursuant to the agreement.
4. ESTABLISHMENT OF THE CONTRACT
4.1. BUYER accepts that he/she has read the contract, understood it and is aware of his/her rights and obligations. BUYER accepts that he/she has reached a full conclusion that the transactions within the scope of the contract are in his/her own interest and accepts all the terms with his/her own free will.
4.2. SELLER and BUYER accept that the provisions of the contract do not constitute unfair terms and that there is no injustice in terms of the balance of interests.
5. INFORMATION ABOUT THE PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT
5.1. The basic features of the Goods/Products (type, quantity, brand/model, color, number) are published on the SELLER's website. If a campaign is organized by the Seller, you can examine the basic features of the relevant product during the campaign period. The campaign is valid until the specified date.
5.2. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until updated and changed. The prices announced for a limited period are valid until the end of the specified period.
5.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Payment Method and Plan:
Delivery Address:
Person to be delivered to:
Billing Address:
Order Date:
Delivery date: For shipments made by cargo, a clear delivery date cannot be shared. Delivery takes place within the estimated time period shown to you at the ordering stage.
Delivery method:
5.4. The shipping fee, which is the cost of shipping the product, will be paid by the BUYER.
6. INVOICE INFORMATION
Name-Surname/Title:
Address:
Telephone:
Fax:
Email/username:
Invoice Delivery: The invoice will be delivered together with the order to the invoice address during order delivery.
7. DELIVERY METHOD
7.1. The Contract will enter into force upon electronic approval by the Buyer. The Contract is executed upon delivery of the Goods purchased by the Buyer from the Seller to the Buyer. The Goods will be delivered to the address and authorized person(s) specified by the Buyer.
7.2. If the RECEIVER (person to whom the delivery will be made) is not present when the order is delivered, the delivery can be made to the person who can deliver the order to the RECEIVER by obtaining their name and signature. Information regarding the person who receives the order is sent to the sender (RECEIVER) via SMS and e-mail. Deliveries to official and private institutions are made within the framework of the institutions' own delivery procedures.
8. REPRESENTATIONS AND WARRANTIES OF THE BUYER
8.1. The BUYER accepts, declares and undertakes that he/she has received, read and is informed about the preliminary information regarding the basic characteristics of the products, the sales price including all taxes, the payment method, delivery and right of withdrawal and terms of use and has given the necessary confirmations and approvals for the sale in electronic environment.
8.2. The BUYER accepts, declares and undertakes that it will confirm this Agreement electronically for the delivery of the contractual product, and that if the contractual product price is not paid and/or is cancelled in the bank records for any reason, the SELLER's obligation to deliver the contractual product will be terminated.
8.3. The BUYER shall inspect the goods subject to the contract before receiving them; shall not accept from the cargo company any damaged or defective goods such as crushed, broken, torn packaging, etc. The goods received shall be deemed to be undamaged and intact. The obligation to carefully protect the goods after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the goods must not be used. The invoice must be returned.
8.4. If the BUYER and the credit card holder used during the order are not the same person or if a security breach is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to present the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order or 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 requested information/documents and if the said requests are not met within 24 hours, the SELLER has the right to cancel the order.
8.5. BUYER declares and undertakes that the personal and other information provided by him while registering on the SELLER's website is true and correct, and that he will compensate the SELLER for all damages that may be incurred due to the untruthfulness of this information, immediately, in cash and in one go upon the first notification of the SELLER.
8.6. The BUYER accepts and undertakes to comply with the provisions of the legal legislation and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise will bind the BUYER completely and exclusively.
8.7. BUYER cannot use the SELLER's website in any way that disrupts public order, is against general morality, disturbs and harasses others, for an illegal purpose, or infringes on the material and moral rights of others. Furthermore, members cannot engage in activities that prevent or make it difficult for others to use the services (spam, virus, trojan horse, etc.).
8.8. If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to whom the product is to be delivered does not accept the delivery.
9. SELLER'S DECLARATIONS AND COMMITMENTS
9.1. Each product subject to the contract shall be 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 on the website, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. If the SELLER acts contrary to this obligation, the BUYER may terminate this contract. In the event of termination of the contract, the SELLER shall repay all payments collected, including delivery costs, if any, together with the legal interest determined within the relevant legislation to the BUYER within 14 (fourteen) days from the date of receipt of the termination notice, and shall return all valuable papers and similar documents that put the consumer in debt, if any.
9.2. SELLER accepts, declares and undertakes that if it cannot fulfill its obligations in the contract due to the impossibility of fulfilling the ordered product or service, it will notify the BUYER in writing and via permanent data storage within 3 days from the date it learns of this situation and will refund the total price, including delivery costs, to the BUYER within 14 days. The fact that the goods are not available in stock cannot be accepted as the impossibility of fulfilling the goods purchase.
9.3. SELLER is responsible for any loss or damage that may occur until the delivery of the goods to the BUYER or to a third party determined by the BUYER other than the carrier. In the event that the BUYER is transported by a carrier other than the carrier determined by the SELLER, the Seller is not responsible for any loss or damage that may occur after the delivery of the goods to the relevant carrier.
9.4. SELLER accepts, declares and undertakes to deliver the product subject to the Contract in full, in accordance with the qualities specified in the order and with the warranty documents, user manuals, information and documents required for the job, free from any defects, in accordance with the requirements of the legal legislation, in a sound manner and in accordance with the standards, within the principles of honesty and integrity, to maintain and increase the service quality, to show the necessary attention and care during the performance of the job, to act with prudence and foresight.
9.5. The SELLER may supply a different product of equal quality and price, provided that it has a justified reason and by informing the BUYER and obtaining his/her explicit approval before the expiration of the performance obligation arising from the contract.
9.6. If the SELLER cannot deliver the contracted product within the specified time due to force majeure events that develop beyond the will of the parties, are unforeseen and prevent and/or delay the parties from fulfilling their obligations, the SELLER accepts, declares and undertakes to notify the BUYER of the situation. The BUYER also has the right to request the SELLER to cancel the order, replace the contracted product with a similar one, if any, and/or postpone the delivery period until the preventive situation is eliminated. In the event that the order is cancelled by the BUYER, the product price shall be paid to the BUYER in cash and in a single payment within 14 days. In the case of payments made by the BUYER with a credit card, the product price shall be returned to the relevant bank within 14 days after the order is cancelled by the BUYER. BUYER accepts, declares and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take up to 2 to 3 weeks, and since the reflection of this amount in the BUYER's account after its refund to the bank is entirely related to the bank transaction process, BUYER accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.
9.7. SELLER has the right to contact BUYER for communication, marketing, notification and other purposes via letter, e-mail, SMS, telephone conversation and other means through the address, e-mail address, fixed and mobile telephone lines and other communication information specified by BUYER in the site registration form or updated by BUYER later. BUYER accepts and declares that SELLER may engage in the above-mentioned communication activities towards him/her by accepting this contract.
9.8. Links may be provided to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties through the SELLER's website. These links are provided for the purpose of facilitating navigation for the BUYER and do not support any website or the person operating that site and do not constitute any guarantee regarding the information contained in the linked website.
9.9. The member who violates one or more of the articles listed in this contract shall be personally liable for this violation in legal and criminal terms and shall hold the SELLER harmless from the legal and criminal consequences of such violations. In addition; in the event that the incident is brought to the legal field due to this violation, the SELLER reserves the right to claim compensation from the member due to non-compliance with the membership contract.
10. RIGHT OF WITHDRAWAL
In accordance with the relevant provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation;
10.1. In distance contracts related to the sale of goods, the BUYER has the right to withdraw from the contract within 14 (fourteen) days from the date of receipt of the goods without giving any reason and without paying any penalty. However, the BUYER may also exercise the right of withdrawal within the period from the establishment of this Contract until the delivery of the goods. It is sufficient for the notification of the use of the right of withdrawal to be sent to the SELLER in writing or via permanent data storage within this period. In addition, in order for the BUYER to exercise the right of withdrawal, he must deliver the product invoice together with the product to the cargo company.
10.2. In determining the period of the right of withdrawal;
a) For goods that are subject to a single order and delivered separately, the day the consumer or a third party designated by the consumer receives the last good,
b) In the case of goods consisting of more than one piece, the day the consumer or a third party designated by the consumer receives the last piece,
c) In contracts where the goods are delivered regularly for a certain period of time, the day on which the consumer or a third party determined by the consumer receives the first good shall be taken into account.
10.3. If the BUYER exercises his right of withdrawal, the SELLER is obliged to return the total amount received and any valuable papers and similar documents that put the BUYER in debt, within 14 (fourteen) days at the latest from the date of receipt of the notice of withdrawal, without imposing any cost on the consumer.
10.4. If the BUYER uses the right of withdrawal and sends back the goods via the carrier specified by the seller in the preliminary information for return, the BUYER will not be held responsible for paying the costs of return. If the SELLER does not specify any carrier for return in the preliminary information, no fee can be requested from the BUYER for return costs. If the carrier specified in the preliminary information for return does not have a branch in the BUYER's location, the SELLER is obliged to ensure that the goods requested to be returned are collected from the consumer without requesting any additional costs.
10.5. The BUYER must return the goods to the seller within 10 (ten) days from the date on which the consumer notifies him of exercising his right of withdrawal, unless the seller offers to take back the goods.
10.6. The BUYER shall not be responsible for any changes or deteriorations that occur if he/she uses the product in accordance with its operation, technical specifications and usage instructions.
10.7. Consumer's right of withdrawal;
a) Goods prepared in line with the consumer's wishes or personal needs,
b) Delivery of goods that are perishable or whose expiration date may be exceeded,
c) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; those whose return is not suitable for health and hygiene reasons,
d) Goods that are mixed with other products after delivery and cannot be separated due to their nature,
e) Books, digital content and computer consumables presented in material form, if protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods,
f) Delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement,
g) Evaluation of the free time spent for accommodation, transportation of goods, car rental, food and beverage supply and entertainment or rest, which must be done on a certain date or period,
h) Services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer,
i) Services that have started to be performed with the consumer's approval before the expiry of the right of withdrawal period, and
j) It does not apply to contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller or provider.
11. EVENT OF DEFAULT AND ITS LEGAL CONSEQUENCES
BUYER accepts, declares and undertakes that if he/she defaults while making payment transactions by credit card, he/she will pay interest within the framework of the credit card agreement between the cardholder bank and the bank and will be liable to the bank. In this case, the relevant bank may resort to legal means; may demand the expenses and attorney fees that will arise from the BUYER and in any case, if the BUYER defaults due to his/her debt, the BUYER accepts, declares and undertakes that he/she will pay the loss and damage suffered by the SELLER due to the delayed payment of the debt.
12. RESOLUTION OF DISPUTES, COMPETENT COURT
In disputes arising from this contract, complaints and objections are subject to the consumer problems arbitration committee and consumer court in the place where the consumer is located or where the consumer transaction is made, within the monetary limits specified in the following law.
13. ENFORCEMENT
This contract consisting of 13 (thirteen) articles has been read by the parties and has been concluded and entered into force on the date of approval received electronically by the buyer. ………..
