DISTANCE SALES AGREEMENT
This Agreement has been signed between the following parties within the framework of the terms and conditions set forth below.
'BUYER' ; (hereinafter referred to as "BUYER" in the contract)
'SALES PERSON' ; (hereinafter referred to as "SELLER" in the contract)
NAME - SURNAME: Kahve Limanı Food Industry and Trade Limited Company
ADDRESS: Nejat Eczacıbaşı Building Sadi Konuralp Caddesi, Şişhane Sk. No:5 Floor:2, 34433 Beyoglu
By accepting this contract, the BUYER accepts in advance that if the subject of the contract approves the order, it will be under the obligation to pay the price of the order and the additional fees, if any, such as shipping fee and tax, and that it has been informed about this issue.
In the application and interpretation of this contract, the terms written below shall express the written explanations against 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 supply of goods made or promised to be made in return for a fee or benefit,
SELLER: A company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on behalf of the supplier,
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
SITE: The website of the SELLER,
CUSTOMER: The natural or legal person who requests a good or service through the website of the SELLER,
PARTIES: SELLER and BUYER,
AGREEMENT: This contract concluded between the SELLER and the BUYER,
GOODS: It refers to the movable goods that are the subject of shopping and the software, sound, image and similar intangible goods prepared for use in the electronic environment.
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the product, the qualities and sales price of which are specified below, which the BUYER has placed an order electronically on the website of the SELLER.
The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.
4. SELLER INFORMATION
Title: Kahve Limanı Food Industry and Trade Limited Company
Address: Nejat Eczacıbaşı Building, Sadi Konuralp Caddesi, Şişhane Sk. No:5 Floor:2, 34433 Beyoglu
Phone: 0551 1608118
VD-VKN: Gaziosmanpaşa VD 4880588928
5. BUYER INFORMATION
Person to be delivered
6. ORDERING PERSON INFORMATION
7. CONTRACTUAL PRODUCT/PRODUCTS INFORMATION
7.1. The basic features of the Good/Product/Products/Service (type, quantity, brand/model, color, number) are published on the website of the SELLER. If the campaign is organized by the seller, you can examine the basic features of the relevant product during the campaign. Valid until the campaign date.
7.2. The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
- Product Description
- Unit price
- Subtotal (VAT Included)
- Shipping Amount
- Payment Method and Plan
- Delivery address
- Person to be delivered
- Billing address
- Order date
- delivery date
- Delivery method
7.4. The shipping fee, which is the product shipping cost, will be paid by the BUYER.
8. INVOICE INFORMATION
- Invoice delivery: The invoice will be delivered to the invoice address along with the order during order delivery .
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he has read the preliminary information about the basic characteristics, sales price, payment method and delivery of the product subject to the contract on the website of the SELLER and that he is informed and gives the necessary confirmation in the electronic environment. of the BUYER; He/she accepts, declares and undertakes that he/she confirms the Preliminary Information in electronic environment, has obtained the address to be given by the SELLER to the BUYER before the establishment of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, payment and delivery information accurately and completely. .
9.2. Each product subject to the contract is delivered to the person and/or organization at the address indicated by the BUYER or the BUYER, within the period specified in the preliminary information section of the website, depending on the distance from the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, with the information and documents required for the job, and to perform the work in accordance with the standards, in accordance with the standards, in a sound manner, free from all kinds of defects. It accepts, declares and undertakes to act with caution and foresight, to maintain and increase the quality of service, to show the necessary care and attention during the performance of the work.
9.4. The SELLER may supply a different product with equal quality and price, by informing the BUYER and by obtaining its explicit approval, before the contractual performance obligation expires.
9.5. The SELLER accepts, declares and undertakes that if it is impossible to fulfill the product or service subject to the order, it will notify the consumer in writing within 3 days from the date of learning of this situation and will return the total price excluding cargo to the BUYER within 14 days. .
9.6. The BUYER accepts, declares and undertakes that he/she will confirm this Agreement electronically for the delivery of the product subject to the contract, and if the contract product price is not paid for any reason and/or is canceled in the bank records, the SELLER's obligation to deliver the contract product will end.
9.7. After the delivery of the product subject to the contract to the person and/or organization at the address indicated by the BUYER or the BUYER, as a result of the unfair use of the BUYER's credit card by unauthorized persons, if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution. It accepts, declares and undertakes that it will return it to the SELLER within 3 days at the expense of the BUYER.
9.8. The SELLER accepts, declares and undertakes to notify the BUYER if the product subject to the contract cannot be delivered within the period due to force majeure situations such as the occurrence of unforeseen circumstances that prevent and / or delay the fulfillment of the debts of the parties, which are beyond the will of the parties. The BUYER also has the right to demand from the SELLER the cancellation of the order, the replacement of the product subject to the contract with its precedent, if any, and/or the postponement of the delivery period until the obstacle is removed. In case of cancellation of the order by the BUYER, the amount of the product is paid to him in cash and in full within 14 days in the payments made by the BUYER in cash. In the payments made by the BUYER by credit card, the product amount, excluding the shipping cost, is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER may take 2 to 3 weeks on average for the amount returned to the credit card by the SELLER to be reflected to the BUYER's account by the bank. accepts, declares and undertakes that it cannot be held responsible.
9.9. Communication, marketing, notification and communication via letter, e-mail, SMS, telephone call and other means of the SELLER's address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated by him later. has the right to reach the BUYER for other purposes. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities.
9.10. The BUYER shall inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
9.11. If the BUYER and the credit card holder used during the order are not the same person or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the order. or request the BUYER to submit a letter from the bank of the card holder stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the aforementioned demands are not met within 24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided while subscribing to the website belonging to the SELLER are true, and that the SELLER will immediately, in cash and in advance, indemnify all damages incurred by the SELLER due to the inaccuracy of this information, upon the SELLER's first notification.
9.13. The BUYER accepts and undertakes in advance to comply with the provisions of the legal legislation and not to violate them when using the website of the SELLER. Otherwise, all legal and penal liabilities that may arise will bind the BUYER completely and exclusively.
9.14. The BUYER may not use the SELLER's website in any way that disrupts public order, violates general morality, disturbs and harass others, for an unlawful purpose, infringing on the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
9.15. On the website of the SELLER, links 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 may be provided. These links are provided for the purpose of providing ease of orientation to the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.
9.16. The member who violates one or more of the articles listed in this contract will be personally and criminally responsible for this violation and will keep the SELLER free from the legal and penal consequences of these violations. Moreover; In the event that the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member due to non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
RIGHT OF WITHDRAWAL:
BUYER; Within 14 (fourteen) days from the date of delivery of the purchased product to himself or to the person / organization at the address indicated, he can use his right to withdraw from the contract by refusing the goods, provided that he notifies the SELLER via the contact information below.
If the product purchased by the customer is faulty, incorrect or defective, the return shipping fee is covered by the SELLER. If the BUYER wants to return the product by stating that he does not like it, he accepts that the return shipping fee will be reflected on his side.
CONTACT INFORMATION TO BE NOTIFIED OF THE SELLER'S RIGHT OF WITHDRAWAL:
NAME/TITLE: Kahve Liman Food Industry and Trade Limited Company
ADDRESS: Nejat Eczacıbaşı Building Sadi Konuralp Caddesi, Şişhane Sk. No:5 Floor:2, 34433 Beyoglu
TEL: 0551 160 8118
DURATION OF THE RIGHT OF WITHDRAWAL:
If the buyer has purchased a service, this 14-day period starts from the date of signing the contract. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in the service contracts where the performance of the service has started with the approval of the consumer.
In order to exercise the right of withdrawal, the SELLER must be notified in writing by registered mail, fax or e-mail within 14 (fourteen) days and the product has not been used within the framework of the provisions of the "Products for which the Right of Withdrawal cannot be exercised" in this contract.
USE OF THE RIGHT OF WITHDRAWAL:
The 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 cannot be completed unless a RETURN INVOICE is issued.)
Return form, The products to be returned must be delivered complete and undamaged, together with the box, packaging, standard accessories, if any.
The SELLER is obliged to return the total price excluding cargo and the documents that put the BUYER under debt, to the BUYER within 10 days at the latest, from the receipt of the withdrawal notification, and to return the goods within 20 days.
If there is a decrease in the value of the goods due to the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's losses at the rate of the BUYER's fault. The BUYER has the right to return the received product by stating that he does not like it. However, in this case, the purchased product must not be damaged. In this case, the return shipping cost belongs to the BUYER.
The product must be unused in order to comply with the return conditions. The BUYER is obliged to deliver the product to the SELLER, together with its box, user manual and warranty certificate, if any.
In case of falling below the campaign limit amount set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL:
The right of withdrawal cannot be exercised for products that have been used by the BUYER, whose return period has expired, and whose own or box is damaged. On the other hand, there is no right of return or withdrawal for food products such as coffee, chocolate, herbal teas.
PAYMENT AND DELIVERY
You can make a Bank Transfer or EFT (Electronic Fund Transfer) to our Ziraat Bank account (TL).
TC Garanti Bank Adapazari Branch
Kahve Liman Food Industry and Trade Limited Company
Branch Code: 333
Account Number: 6290829
With your credit cards on our site, you can take advantage of online single payment or online installment opportunities for all kinds of credit cards. In your online payments, the amount will be withdrawn from your credit card at the end of your order.
11. CASE OF DEFERRED AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that he will pay interest and be liable to the bank within the framework of the credit card agreement between the cardholder bank and the bank in case of default in the case of making the payment transactions with a credit card. In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the BUYER, and in any case, the BUYER accepts, declares and undertakes that he will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt, in case the BUYER defaults due to its debt.
12. AUTHORIZED COURT
Complaints and objections in disputes arising from this contract, consumer problems in the place of residence of the consumer or where the consumer transaction is made, within the monetary limits specified in the law below, shall be made to the arbitral tribunal or the consumer court. Information on the monetary limit is below:
Effective from 28/05/2014:
a) District consumer arbitration committees in disputes whose value is less than 2,000,00 (two thousand) TL, as per Article 68 of the Law on Consumer Protection No. 6502,
b) Provincial consumer arbitration committees in disputes with a value less than 3,000,00 (three thousand) TL,
c) In the provinces with metropolitan status, applications are made to the provincial consumer arbitration committees in disputes with a value between 2,000,00 (two thousand) TL and 3,000,00 (three thousand) TL.
This Agreement is made for commercial purposes.
When the BUYER makes the payment for the order placed on the Site, it is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is fulfilled.
SELLER: Kahve Liman Food Industry and Trade Limited Company