Distance Sales Agreement
ARTICLE 1- PARTIES
Title : Essen Organik Gıda Sanayi ve Ticaret Limited Şirketi
Adress : Ertuğrul Mah. 112. Sok. Gıda Toptancılar Sitesi A Blok-13 Nolu Bağımsız Apt. No:17/1 Nilüfer/BURSA
PHONE :+90 (545) 804 83 84
ARTICLE 2- SUBJECT
The subject of this contract is the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on the Implementation Principles and Procedures of Distance Contracts, regarding the sale and delivery of the product, whose qualities and sales price are specified below, which the BUYER has ordered electronically from the SELLER’s website. determination of its obligations.
ARTICLE 3- THE PRODUCT SUBJECT TO THE AGREEMENT
3.1- TYPE AND TYPE OF PRODUCTS, AMOUNT, SALES PRICE INCLUDING TAXES (AS UNIT X UNIT PRICE) AS STATED.
3.2- METHOD OF PAYMENT:
IF YOU ORDER BY CREDIT CARD: INSTALLMENTS CANNOT BE MADE IN FOOD SALES ACCORDING TO THE REGULATION. BUT YOUR BANK CAN APPLY A NUMBER OF INSTALLMENTS, SERVICES SUCH AS DEFERRED INSTALLMENTS MAY BE OFFERED. SUCH CAMPAIGNS ARE AT THE INITIATIVE OF YOUR BANK AND IN OUR COMPANY’S KNOWLEDGE, INFORMATION ABOUT THE CAMPAIGNS IS GIVEN ON OUR PAGES.
3.3- DELIVERY METHOD AND ADDRESS:
The delivery will be delivered by hand at the address specified by the BUYER through the courier company. Even if the BUYER is not present at the time of delivery, the SELLER shall be deemed to have fulfilled its performance fully and completely. For this reason, all kinds of damages arising from the late delivery of the product by the BUYER and the expenses incurred due to the product waiting in the cargo company and / or the return of the cargo to the SELLER belong to the BUYER.
ARTICLE 4- GENERAL PROVISIONS
4.1- THE BUYER READ THE BASIC FEATURES, SALES PRICE AND PAYMENT METHOD AND THE PRELIMINARY INFORMATION REGARDING THE DELIVERY OF THE CONTRACTED PRODUCT ON THE WEBSITE AND DECLARES THAT HE HAS KNOWLEDGE AND DECLARES THE NECESSARY IN ELECTRONIC ENVIRONMENT.
4.2- THE AGREEMENT PRODUCT IS DETAILED IN THE TERMS OF THE BUYER’S ADDRESS/DETAIL IN THE PRELIMINARY INFORMATION ON THE WEBSITE, DEPENDING ON THE DISTANCE OF THE BUYER’S RESIDENTIAL PLACE FOR EACH PRODUCT, WITHOUT EXCEEDING THE LEGAL PERIOD OF 30 DAYS.
4.3- IF THE AGREEMENT PRODUCT IS TO BE DELIVERED TO ANY PERSON/INSTITUTION OTHER THAN THE BUYER, THE SELLER CANNOT BE RESPONSIBLE FOR THE DELIVERY PERSON/INSTITUTION AGAINST THE DELIVERY.
4.4- SELLER IS RESPONSIBLE FOR DELIVERY OF THE CONTRACTUAL PRODUCT IN SOLID, COMPLETE AND IN CONFORMITY WITH THE QUALIFICATIONS STATED IN THE ORDER.
4.5- FOR THE DELIVERY OF THE AGREEMENT PRODUCT, THE SIGNED COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO THE SELLER AND THE PRICE HAS BEEN PAYED BY THE BUYER’S PREFERRED PAYMENT. IF THE PRODUCT IS NOT PAID FOR ANY REASON OR IS CANCELED IN THE BANK REGISTRATION, THE SELLER IS ACCEPTED LIABILITY TO DELIVERY THE PRODUCT.
4.6- AFTER DELIVERY OF THE PRODUCT, THE BUYER’S CREDIT CARD IS UNAUTHORIZED BY UNAUTHORIZED PERSONS, WITHOUT ANY DEFECT OF THE BUYER, DUE TO THE BUYER’S PAYMENT, DUE TO THE BUYER’S PAYMENT, DUE TO THE BUYER’S FINANCE, DUE TO THE BUYER’S PAYMENT, DUE TO THE BUYER’S PAYMENT. IT IS MANDATORY TO SEND IT TO THE SELLER WITHIN 3 DAYS.
ARTICLE 5- RIGHT OF WITHDRAWAL
Pursuant to subparagraph c of paragraph 4 of article 7 of the Regulation on Distance Contracts No. 27866, the BUYER has no right of withdrawal regarding the products ordered. By its nature; Since they are disposable products, products that deteriorate rapidly or are likely to expire, the return of foodstuffs produced and/or imported to order is not accepted because they are carried out instantly in the electronic environment and delivered to the BUYER immediately.
In case the payment is made with a credit card or a similar payment card, the consumer may request the cancellation of the payment transaction on the grounds that the card was used against her/his will and illegally. In this case, the card issuer returns the payment amount to the consumer within 10 days from the notification of the objection. In the event that the order is concluded, the BUYER shall be deemed to have accepted all the terms of this contract.
ARTICLE 6- PROVISIONS OF DEFAULT
In case the parties fail to fulfill their obligations under this contract from their resources, the provisions of the Debtor’s Default in Articles 106-108 of the Code of Obligations shall apply. In cases of default, if any party fails to fulfill its obligations without a justifiable reason, the other party will give the non-performing party a period of 7 days for the performance of the said act. In the event that it is fulfilled within this period, the party that does not fulfill its performance will be deemed to be in default and the creditor has the right to demand the delivery of the goods, and/or the termination of the contract and the refund of the price by demanding the performance of the performance. Pursuant to the last paragraph of Article 9 of the Regulation on Distance Contracts, if the SELLER cannot fulfill its contractual obligations, claiming that it is impossible to fulfill the ordered good or service (the situation where the product cannot be supplied from the supplier Company in any way), it undertakes to notify the consumer before the expiry of the contractual performance obligation. it does. In this case, it has the right to terminate the contract immediately and undertakes to return the price of the product ordered by the Customer and all documents that put it under debt, if any. If the business cannot deliver the product subject to the contract within the period due to force majeure or extraordinary events such as weather conditions that prevent transportation, interruption of transportation, fire, earthquake, flood, in such cases, the BUYER has no responsibility and cancels the order. or to delay the delivery period until the blocking situation disappears. If the BUYER cancels the order, the amount paid is paid to her/him within 10 days.
ARTICLE 7- AUTHORIZED COURT
In the implementation of this contract, Consumer Arbitration Committees and Consumer Courts in the BUYER’s or SELLER’s settlement are authorized up to the value declared by the Ministry of Industry and Trade. In the event that the order is realized, the BUYER is deemed to have accepted all the terms of this contract.