ARTICLE 1. PARTIES
Commercial Title: HUQQABAZ GIDA ISLETMELERI SAN. VE TIC. A.S.
Yenibosna Merkez Mah. Sedir Sk. No: 7, 34197, Bahcelievler/Istanbul
Phone: + 90 212 652 62 22
E-Mail Address: firstname.lastname@example.org
MERSIS No: 0734065321700019
Name and Surname:
Hereinafter referred to as ‘’BUYER’’.
ARTICLE 2. SUBJECT
This agreement stipulates the rights and liabilities of the parties concerning the sale and delivery of the product that the BUYER has placed an order at the website of SELLER, www.huqqabaz.com (“Website”) electronically and of which characteristics and sales price are given below, per the Law No. 6502 on the Protection of Consumers and the provisions of the Regulation on Distance Sales Contracts.
ARTICLE 3 - INFORMATION ON THE BASIC CHARACTERISTICS, SALES PRICE, AND DELIVERY OF THE CONTRACT PRODUCT
The Name, Quantity, VAT Included Sales Price and Delivery Information of the Products are as follows.
ARTICLE 4 - GENERAL PROVISIONS
4.1 The BUYER declares that the basic characteristics of the product subject to the contract specified on the Website, the sales price including all taxes, the payment method, and the delivery, and the costs of this will be borne by the BUYER unless otherwise stated, s/he has read and is aware of the preliminary information concerning the delivery time and the complete commercial title, full address and contact information of the SELLER and s/he has been informed about the conditions to exercise the right of withdrawal accurately and completely and s/he has given the necessary confirmation in the electronic environment.
The BUYER can submit his/her requests and complaints through the communication channels mentioned above. The SELLER’s customer services will respond to the complaints and requests as soon as possible.
By confirming this contract electronically, the BUYER confirms that s/he has been accurately and fully acquired information about the commercial title, address, contact information, MERSIS number and the basic features of the products ordered, the sales price of the products including all taxes, the payment and delivery information, the right of withdrawal and the procedures and conditions of exercising the right of withdrawal before concluding the distance sales contracts.
4.2 The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated by him/her within the period specified in the preliminary information on the Website depending on the distance of the BUYER’s residential area for each product, provided not to exceed 30 (thirty) days from the date of order.
4.3 If the product subject to the contract is to be delivered to any person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to whom/which delivery will be made does not accept the delivery.
4.4 The SELLER cannot be held responsible if the ordered product cannot be delivered to the BUYER due to any problems that the courier company may face during the delivery of the product to the BUYER.
4.5 The SELLER is responsible for the delivery of the product subject to the contract firmly, completely, and per the specifications specified in the order.
4.6 In case of errors in the specifications such as product price, product description, product quality, etc. due to technical errors and errors of fact at the stage of putting the product on sale over the website, the SELLER has the right to cancel the order and return the collected amounts to the BUYER per the provisions of the relevant legislation.
4.7 If the SELLER fails to fulfill its contractual obligations in case the fulfillment of the product or service subject to the order becomes impossible, it shall notify the BUYER in writing or with a permanent data register, within three days as from learning of this situation, and return all the collected payments, including delivery costs, if any, within fourteen days at the latest from the date of the notice.
4.8 If the fulfillment of the order and/or service becomes impossible at the end of the campaign period, the SELLER reserves the right to supply different products at equal quality and price with the approval of the BUYER to fulfill its contractual performance obligation.
4.9 If the relevant bank or financial institution fails to pay the product price to the SELLER due to the unfair or unlawful use of the BUYER’s credit card, debit card, and/or other payment systems offered on the Website by unauthorized persons after the delivery of the product and this does not arise from the BUYER’s fault, the BUYER is obliged to return the relevant product to the SELLER within 3 (Three) days, provided that it has been delivered to him/her. In this case, the shipping costs shall be borne by the BUYER.
4.10 If the SELLER cannot deliver the product subject to the contract in due time due to force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, etc., it is obliged to inform the BUYER. In this case, the BUYER has the right to cancel the order and terminate the contract. In the event of termination of the contract, the SELLER is obliged to return all the collected payments including delivery costs, if any, to the BUYER in cash and fully within 14 (Fourteen) days following the receipt of the termination notice.
4.11 In case it becomes impossible to fulfill the performance of the goods or services subject to the order per paragraph 4 of Article 16 of the Distance Contracts Regulation No. 29188 which entered into force on 27.02.2015, the seller or supplier is obliged to return all the collected payments, including all payments, within fourteen days at the latest from the date of notification.
4.12 When the BUYER exercises his/her right of withdrawal or the product subject to the order cannot be supplied for miscellaneous reasons or the arbitration commission judges to make a refund to the BUYER, the SELLER pays the product price to the Bank at once, if the shopping has been done with a credit card and in installments. The Bank makes the refund in the same number of installments depending on how many installments the BUYER has bought the product. In bank transfer/EFT or payment at the door options, the refund will be made in the form of bank transfer and EFT to the account specified by the Consumer (the account shall be in the name of the person at the billing address or the name of the user member) after requesting the bank account information from the Consumer.
4.13 The SELLER does not keep the stocks of all the products put on sale on huqqabaz.com. The ordered products are produced when deemed necessary. However, it may not be possible to manufacture the ordered products that are out of stock for miscellaneous reasons. All orders are subject to availability in the stocks. If there is a supply shortage or the product is no longer in stock, the SELLER reserves the right to inform the customer about the substitute products in a similar or different category and value that it may order. If the customer does not want to order substitute products, the SELLER returns the amount that s/he has paid for the undesired substitute product to the BUYER.
4.14 The persons under the age of 18 cannot shop from the SELLER.
ARTICLE 5 - RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from the contract within 14 (Fourteen) days without any justification.
Per the Distance Contracts Regulation, the right of withdrawal (right of cancellation and return) cannot be exercised for customized products depending on legal conditions. Furthermore, the SELLER has no right to withdrawal from all product groups and customized products.
In the contracts concerning the performance of the service, the period of the right of withdrawal commences on the day when the contract is concluded; and in the contracts concerning the delivery of goods, it commences on the day when the consumer or the third party determined by the consumer receives the goods. However, the consumer may exercise the right of withdrawal within the period starting from the conclusion of the contract to the delivery of the goods.
In the determination of the period of the right of withdrawal;
The delivery of the goods by the SELLER to the carrier is not rendered as the delivery to the consumer.
In contracts where the delivery of goods and the performance of services are done together, the provisions of the right of withdrawal concerning the delivery of goods are applied. The products returned by exercising the right of withdrawal are subject to expertise and thus, the return control process is initiated.
To exercise the right of withdrawal, the SELLER shall be notified by telephone or via e-mail within 14 (Fourteen) days and the product is not evaluated within the scope of the provisions of Article 15 titled ‘’Exceptions to the Right of Withdrawal’’ of the Distance Sales Contracts Regulation published in the Official Gazette on 27.11.2014, and it shall be at a quality that can be put on sale by the SELLER again. If this right is exercised;
a) The original invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is corporate, it shall be sent to the SELLER within 10 (Ten) days together with the return invoice issued by the institution. The order returns whose invoices are issued in the name of corporations will not be completed unless a RETURN INVOICE is issued)
b) The products intended to be returned within 10 (ten) days from the submission of the request for exercising the right of withdrawal shall be returned to the SELLER completely and undamaged, together with their boxes, packages, certificates, gift products and accessories, and gift certificates, if any. If any of these materials are not sent or damaged, the return process is completed by deducting the cost of the material from the refund amount although this is caused by the courier company. The BUYER shall get in contact with the SELLER and learn which procedure to be followed for these actions.
The product price is returned to the BUYER within 14 (fourteen) days following the receipt of the request for exercising the right of withdrawal to the SELLER.
ARTICLE 6 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
a) Contracts concerning goods prepared in line with the demands or personal needs of the consumer. For this reason, the products which are presented on the website but customized at the request of the BUYER, or special orders which are presented on the website, or the products on which changes have been made in line with the request of the BUYER after the delivery of the ordered product to the BUYER and which have been manufactured specially in line with the special requests of the customer, and the products whose gelatins have been opened, are not within the scope of the products for which right of withdrawal cannot be exercised.
b) Contracts concerning goods or services whose prices change depending on fluctuations in the financial markets and are not under the control of the SELLER or the provider.
c) Contracts concerning the delivery of perishable or expired goods.
d) Contracts concerning the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; and the delivery of those whose return is not appropriate in terms of health and hygiene.
e) Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.
f) Contracts concerning books, digital content, and computer consumables offered in the material environment if the protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods.
g) Contracts concerning the delivery of periodical publications such as newspapers and magazines, excluding those provided under a subscription contract.
h) Contracts concerning accommodation, transportation of goods, car rental, food, and beverage supply, and leisure activities for entertainment or rest, which must be made on a certain date or period.
i) Contracts concerning services performed instantly in the electronic environment or intangible goods delivered to the consumer instantly.
j) Contracts concerning services started to be performed with the approval of the consumer, before the expiry of the right of withdrawal.
k) The products delivered to an address outside the Turkish Customs Area as a result of the buyer’s declaration concerning an overseas delivery address are not within the scope of return. All other expenses such as customs costs, extra transportation costs, etc. that may occur in the delivery country shall be borne by the person who has placed the order.
If the products sent overseas are not delivered to the BUYER and are sent back to the SELLER, the shipping cost will not be refunded to the person who has placed the order and will not be sent back free of charge.
If the customs processes of the BUYER’s order are not cleared and the product can be destroyed, detained, etc. within the customs practices of the relevant country, the SELLER is not responsible for this situation and the order amount is not refunded.
ARTICLE 7 – MAKING APPLICATIONS CONCERNING DISPUTES
If the BUYER has a complaint about his/her order and/or the product subject to his/her order and/or any aspect related to his/her order, s/he can make his/her complaints to the SELLER via the aforesaid contact information. The complaint applications submitted will be recorded, evaluated by the authorized departments, and tried to be resolved, and a response will be given within the shortest time. In addition, the BUYER can make his/her applications for his/her complaints and objections to the arbitration committee for consumer problems where s/he has purchased the relevant good or service or where s/he resides, within the monetary limits determined by the T.R. Ministry of Customs and Trade in December every year.
Bakırköy Courts and Execution Offices are authorized to settle the disputes arising from the implementation of this contract.
Commercial Title: HUQQABAZ GIDA ISLETMELERI SAN. VE TIC. A.S.
Yenibosna Merkez Mah. Sedir Sk. No: 7, 34197, Bahçelievler/Istanbul
Phone: +90 212 652 62 22
E-Mail Address: email@example.com