Distance Sales Contract

Article 1- Parties 1.1. Seller Name: ABMGRUP Tarım Hayvancilik Gida Yem San.ve Tic. Ltd.Sti. Address Hurriyet Mh. Devecikonagi Cd.68.Sk No: 2 Kat: 1 Yalintas - Mustafakemalpasa / BURSA Phone: 0224 647 20 44 E-mail: [email protected] 1.2. Receiver Name - Surname / TR.No Address Telephone E-mail Article 2- Subject The subject of this contract is the determination of the rights and obligations of the parties in accordance with law No. 4077 on the Protection of Consumers and Provisions of Regulations of Distance Sales Contract, regarding the sale and delivery of the product whose qualifications and sales price are specified below, where the BUYER makes an order (e-commerce) electronically from website http://www.usluoyunlaratolyesi.com. The buyer accepts and declares according to subject contract provisions that all preliminary information such as name, title, full address, phone and other access information of the seller, basic quality and sale price of the product including taxes, payment method, delivery conditions and costs etc. and rights regarding the use of "withdrawal" and how to use this right, official authorities etc., where complaints and objections may be submitted, has been informed clearly, understandable and in accordance with internet environment (via e-commerce site) by the seller and that such information has been electronically confirmed and the product has been ordered thereafter. The preliminary information regarding http://www.usluoyunlaratolyesi.com site and the invoice issued by the buyer are integral parts of this contract. Article 3- Contract Product / Payment / Delivery Information The sortand type, quantity, brand/ model, sales price, payment method, receiving person, delivery address, invoice information, shipping fee of product/ products purchased electronically are as follows. The information given below must be accurate and complete. If this information is not correct or missing, the buyer agrees to any liability that may arise and any to meet any losses will arise from these cases. In cases deemed necessary, the SELLER reserves the right to discontinue the order when the BUYER's information does not correspond to the truth. In cases where a problem has been detected in the order, the SELLER shall hold off the order for 15 (fifteen) days if the BUYER cannot be reached via phone, e-mail and mail addresses provided by the BUYER. During this period the BUYER is expected to contact the SELLER regarding this issue. If no response is received from the BUYER during this period, the order shall be cancelled by the SELLER to hinder any damages occur to both parties. Bought Product / Products Name, code:; … piece Total Sales Price:…. -TL Payment Method: Credit Card / Wire Transfer (EFT) Receiving Person: Phone number : Delivery Address: Person / Institution to be Billed: Billing address : Tax Office: Tax Registration Number: Shipping Fee:… -TL Article 4- Contract Date and Force Majeure The contract date is the date of .../.../... on which the order was placed by the buyer./... Situations that are not present or foreseen at the time the contract is signed, that develop outside the control of the parties, which make it impossible for one or both of the parties to fulfill their obligations and responsibilities imposed by the contract or to fulfill them on time, shall be counted as force majeure (natural disaster, terrorism, uprising, changing legislative provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.). The party subject to force majeure shall notify the other party immediately in writing. During the continuation of the force majeure, the parties shall not have any responsibilities due to failure of fulfilling their obligations. If this force majeure situation continues for 30 (thirty) days, each party shall have the right to terminate this contract unilaterally. Article 5- Rights and Obligations of the Seller 5.1. Under the exception of force majeure, the seller agrees and undertakes to fulfill the obligations imposed on them in the contract in accordance with the provisions of the Law on the Protection of Consumers No. 4077 and the Regulation on Distant Sales Contracts. 5.2. Persons under the age of 18 (eighteen) cannot shop at http://www.usluoyunlaratolyesi.com. The seller shall assume the age specified by the buyer to be correct. However, the seller shall not be liable in any way for the buyer's wrongful age declaration. 5.2. http://www.usluoyunlaratolyesi.com shall not be responsible for price mistakes caused by system errors. Accordingly, the seller shall not be responsible for promotions or price mistakes that may originate from system, design or illicit interferences to the website. The buyer cannot claim rights from the seller based on system errors. 5.3. You can shop at http://www.usluoyunlaratolyesi.com with credit card (Visa, MasterCard, etc.) or wire transfer. Order prices that are not transferred within one week of the order date will be canceled. The processing time of the orders is not the moment when the order is placed, but the moment when the necessary collection is made from the credit card account or the transfer (EFT) reaches the bank accounts. Payment methods such as paid delivery or postal check without consulting customer service are not accepted. Article 6- Rights and Obligations of the Buyer 6.1. The buyer accepts and undertakes to fulfill the actions imposed on them in the contract, under the exception of force majeure. 6.2. The buyer accepts and undertakes that it shall be deemed to have accepted the provisions of this contract upon the order and that it shall make the payment in accordance with the payment method specified in the contract. 6.3. The Buyer accepts and declares that all preliminary information such as name, title, full address, phone and other access information of the seller, basic quality and sale price of the sold product including taxes, payment method, delivery conditions and costs etc., and rights regarding the use of "withdrawal" and how to use this right, official authorities etc., where complaints and objections may be submitted, has been informed clearly, understandable and in accordance with internet environment through http://www.usluoyunlaratolyesi.com web site and that such information has been electronically confirmed. 6.4. Pursuant to a previous article, Buyer declares that the required confirmation is given electronically for order/payment/procedure for the use of information and knowledge on the product regarding the product ordering and payment terms, product use instructions and of the measures taken against the possible situations at http://www.usluoyunlaratolyesi.com. 6.5. If the buyer wishes to return the product received under any circumstance whatsoever guarantees not to damage the product and packaging, return the original invoice and packaging. Article 7- Order/Payment Procedure Order: The TRY amount including VAT (total installment amounts for installment transactions) of products added to the shopping cart are processed through the pos machine of the related bank card. For this reason, an order confirmation mail is sent to the customer before the orders are shipped. No shipment is made without sending an order confirmation mail. Any disruption in the process or any problems that may arise regarding the credit card are notified to the buyer by using one or more of the telephone/fax/e-mail channels specified in the contract. If necessary, the buyer may be asked to contact someone else. The processing time of the orders is not the moment when the order is placed, but the moment when the necessary collection is made from the credit card account or the transfer (EFT) reaches the seller accounts. In the event that it is understood that the goods subject to the contract cannot be supplied for an exceptionally just cause and/or if there is a stock problem, the buyer shall immediately and clearly be informed and if thereafter approved, another product of equal quality and price may be sent to the buyer or in line with the buyer's desire and choice, another new product may be sent, the product can be waited to enter the stocks or until the obstacle that prevents delivery is removed and/or the order may be canceled. In cases where it becomes impossible to fulfill the obligation to deliver the goods subject to the contract, the buyer shall be informed of this situation and the total price paid and any documents showing the owing of any debt, if any, shall be returned to the buyer within ten days at the latest and the contract shall be canceled. In such a case, the buyer shall not demand any additional material and moral damages from the seller. Ödeme: http://www.usluoyunlaratolyesi.com‘da, internet ortamında kredi kartı bilgilerini kullanmak istemeyen alıcılara nakit havale ile sipariş imkanları sunulmuştur. Regarding payments by wire transfer, the buyer may choose the most suitable bank and make the transfer. If payment was made through EFT, the date of receiving the payment shall be taken into account. When making wire transfer and/or EFT, the "Sender Information" must be the same as the Invoice Information and the order number must be written. After the delivery of the product, if the related bank or financial institution does not pay the product price to the seller for the reason that the credit card of the buyer has been used by unauthorized people unrightfully and unlawfully without any fault of the buyer, the buyer is obliged to return the product to the seller within 3 days. In such cases the shipping expenses shall belong to the Buyer. If the buyer chooses to pay by credit card, the BUYER shall accept, declare and undertake that it shall confirm information regarding its bank's relevant interest rates and default interest separately and that the provisions regarding interest and default interest will be applied within the scope of the "Credit Card Agreement" between the Bank and the BUYER in accordance with the provisions of the current legislation. Article 8- Delivery/Handover Procedure SHIPMENT: Upon sending the order confirmation e-mail, the product(s) are delivered to the shipping company contracted to the seller. Delivery: The product(s) will be delivered to the address of the buyer by seller's contracted cargo company. The delivery time is 30 days starting from sending the order confirmation e-mail and establishment of the contract. This period may be extended for a maximum of ten days, provided the buyer is notified in advance in writing or with a continuous data carrier. Phone notification is used for product delivery in regions where cargo companies do not make door deliveries. In regions where the Cargo Company delivers once a week, delays regarding specified durations may occur due to inaccuracies and deficiencies in the shipping information, some social events and natural disasters. The buyer shall not bear any responsibility on the seller due to these delays. If the product is to be delivered to another person/organization other than the Buyer, the seller shall not be responsible for extra shipping costs that may arise from the person/organization not accepting the delivery, inaccuracies in shipping information and/or the Buyer's absence. If the product(s) did not reach the customer within specified days, delivery problems should be reported immediately to the customer service through iletisim@…….com e-mail address. Regarding damaged package; Damaged packages shall not be accepted and a report shall be prepared by the Cargo Company official. If the cargo company official has the opinion that the package is not damaged, the buyer reserves the right to request from the official to open the package on the spot, check to see if the products have been delivered without any damages and confirm the situation by writing a report. After the package is accepted by the buyer, it is confirmed that the cargo company has fully performed its duties. If the package has not been accepted and a report has been written, the customer service of the seller should be informed of the situation as soon as possible together with the report copy remained with the buyer. Article 9- Procedure for Product Return and Right of Withdrawal Product Returns: The buyer has the right to withdraw from the contract within seven days without giving any justification and without paying penalties. In accordance with the general notification of the tax procedure law no 385, the return sections at the bottom of 2 seller invoices delivered with the products shall be filled out by the buyer fully and correctly, signed and a copy shall be sent to the seller together with the product and the other copy shall be kept. Withdrawal period starts from the day the products are delivered to the buyer. Cost of returning product(s) shall be compensated by the buyer. No withdrawal rights are entitled regarding products exclusively produced according to requests and/or explicitly personal needs of the buyer. If the buyer exercises their right of withdrawal, the seller will return the total price received within ten days from the receipt of the invoice together with the product and any documents that put the consumer under debt without incurring any expense to the consumer. The decrease in value of delivered products or the existence of a reason that makes it impossible to return does not prevent the exercise of the right of withdrawal. However, if the depreciation or the impossibility of the return is due to consumer's fault, the buyer must compensate the value or decrease in the value of the products to the seller. The general return period is 7 days for each product purchased inadvertently. During this period, return of products that have been opened, used, destroyed and so on shall not be accepted. Returns must be made with the original packaging. The product shall not be returned and the price shall not be refunded in cases where any opening, deterioration, breakage, destruction, tearing, use and other conditions are detected in product and its packaging and if the product cannot be returned in the shape it was delivered to the buyer. For product returns, the incident should first be conveyed to customer service. The information regarding the product return shall be conveyed to the customer by the seller. After this notification, the invoice containing the information regarding product return shall be delivered to the seller via Cargo company that made the delivery to buyer's address. The product is accepted as a return if the returned product that reaches the seller meets the conditions specified in this contract and the refund is made to buyer's credit card/account. No refund is made until the product is returned. The reflection period of credit card refunds on credit card accounts is at the disposal of relevant bank. If the shopping is made in installments using a credit card, the credit card refund procedure will be applied as follows: If the buyer has submitted the purchase request with the number of installments, the Bank makes the refund to the buyer in installments. After the seller pays the entire price of the product to the bank at once, upon installment expenses made from the Bank POS are returned to the buyer's credit card, the requested refund amounts are transferred to the bearer accounts by the Bank in installments in order to prevent the parties involved in the matter from falling into disadvantage. If the return date and card statement date do not coincide, installment amounts paid by the buyer until the cancellation of the sale will be reflected as 1 (one) refund per month of total installment amount as paid by the buyer before the return and will be deducted from existing debts. In case products and services purchased by card are returned, according to the contract made with the bank, the seller will not be able to pay the buyer in cash. In case of a refund transaction, the contracted merchant, namely the seller, will make a refund through the relevant software and as the contracted merchant, the seller, will be obliged to pay the relevant amount to the Bank in cash or as credit, cash payments are not possible to be made to the buyer. Refund to credit card shall be made by the Bank in accordance with the above procedure, after the buyer pays the bank the amount at once. Article 10-Warranty Within the conditions stated below products that are used appropriately and used properly according to its manual are under warranty against production errors for 2 years: Seller's warranty liability applies only to consumers within the scope of Law No. 4077. Regarding businesses of commercial character, provisions of the Turkish Commercial Code shall apply. Article 11- Confidentiality Information stated by the buyer and the information stated to make the payment by the buyer shall not be shared with 3rd parties by the seller. The seller shall be able to disclose this information only in the presence of an administrative/legal obligation. If available, the seller may provide information to related authority that is requested as part of any judicial investigation having warrant for examination. Credit Card information is never stored, Credit Card information is only used only for the purpose of providing the authorization to relevant banks in a secured way during the collection process and is deleted from the system after provisioning. Information such as the recipient's e-mail address, postal address and telephone are used only by the seller for standard product delivery and information procedures. Occasionally, campaign information, new product information, promotion information can be sent to the buyer upon receipt of consent. Article 12- Authorized Courts and Enforcement Offices In Case of Dispute In case of dispute arising from the implementation of this agreement, Consumer Arbitration Committees and consumer courts in the locality of buyer or seller are authorized until the Ministry of Industry and Trade's annual announcement of material value in December. The Buyer is deemed to have accepted all terms of this contract upon the execution of the order. .../…/…