Distance Sales Agreement
ARTICLE 1 - PARTIES
Name: MUSTAFA MANSUR YILAR GOOD COFFEE
Address: 19 Mayıs Mah. Okur Sok. No:16A, Kadıköy/ISTANBUL
Phone: 0535 574 43 53
Email Address: firstname.lastname@example.org
Product Return Address: 19 Mayıs Mah. Okur Sok. No:16A, Kadıköy/ISTANBUL
Name and Surname:
ARTICLE 2 - SUBJECT
The subject of this agreement is the sale and delivery of the product, the specifications and sales price of which are stated below, ordered by the BUYER from the website www.goodcoffee.com.tr owned by the SELLER in electronic environment, in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts. It also includes the determination of the rights and obligations of the parties in accordance with the provisions of the aforementioned law and regulation.
ARTICLE 3 - PRODUCT SUBJECT TO THE AGREEMENT
The type and type of the products (goods/services), quantity, brand/model, sales price, and delivery information are as stated below, and this information has been approved by the buyer.
Product Name: Product Quantity: Total (Including VAT) Price: Shipping Cost: Total Amount Including VAT: Payment Method: Delivery Address: Delivery Person: Phone Number: Name/Company to be Invoiced: Billing Address: Turkish ID Number: Tax Office: Tax Registration Number:
ARTICLE 4 - RIGHT OF WITHDRAWAL
4.1 The SELLER undertakes to the BUYER as follows: "The consumer has the right of withdrawal within 14 days from the date of delivery of the goods without any legal and penal responsibility and without any justification (and without paying a penalty clause), and we undertake to take back the goods and refund the buyer as of the date the withdrawal notice reaches the seller."
4.2 To exercise the right of withdrawal, it is a condition that a notification must be made to the SELLER within this period. (This notification can be made to the SELLER's communication address specified in this contract via a continuous data carrier-remote communication tool such as a letter or email.) In addition to this notification, a cargo delivery report indicating that the product has been sent to the SELLER (in accordance with the tax legislation) or the original invoice must be returned. Also, the product to be returned must be delivered to the SELLER complete and undamaged, including its box, packaging, and standard accessories, if any. In the case of using the right of withdrawal, the shipping cost of the returned product will be covered by the SELLER.
4.3 Returns of orders issued for companies without an INVOICE will not be accepted unless an INVOICE is issued.
4.4 Within 10 days following the receipt of the above-mentioned documents and the product by the SELLER, the product price will be refunded to the BUYER. In credit card payments, the refund process is also carried out by crediting the BUYER's credit card (the provisions regarding returns in General Provisions Article 8 are also valid in cases of returns due to the use of the right of withdrawal).
4.5 In products where the right of withdrawal can be exercised, if there is any decrease in value due to use outside the normal use of the product, or if there is a decrease in value due to any fault of the consumer in general, the Consumer is responsible for compensating the decrease in value in cash to the SELLER.
ARTICLE 5 - PRODUCTS THAT THE RIGHT OF WITHDRAWAL CANNOT BE USED
a) Contracts for goods or services whose price is determined based on financial market fluctuations and is not under the control of the seller or supplier. b) Contracts for goods produced in line with the consumer's requests or personal needs. c) Contracts for perishable or expired goods. ç) Contracts for goods that are not suitable for return due to health and hygiene reasons, if the protective elements such as packaging, tape, seal, package have been opened after delivery. d) Contracts for goods mixed with other products after delivery and cannot be separated by their nature. e) Contracts for the delivery of digital content that is not provided in a tangible medium if the performance has begun with the express consent of the consumer and if the consumer has accepted that he/she will lose his/her right of withdrawal. f) Contracts for the delivery of newspapers, magazines, and periodicals other than those provided under a subscription agreement. g) Contracts for services rendered for purposes of accommodation, goods transport, car rental, food, and beverage supply, and for the performance of activities aimed at providing leisure or entertainment. ğ) Contracts for services performed in electronic environment instantly and cannot be returned if the fulfillment of the service has started with the express consent of the consumer before the right of withdrawal expires. h) Contracts for goods or services whose prices change depending on fluctuations in the financial markets and which are not under the control of the seller or supplier. ı) Contracts for goods prepared in line with the consumer's wishes or personal needs.
ARTICLE 6 - GENERAL PROVISIONS
6.1 The BUYER declares and acknowledges that they have read and fully informed about the essential qualifications of the product to be sold, the sale price, the validity period of the prices, and the payment method and the preliminary information and other information about delivery on the www.goodcoffee.com.tr website of the SELLER, and confirmed it electronically.
6.2 Unless otherwise stated in general, the delivery costs (shipping fee, etc.) are borne by the BUYER. If the SELLER has declared that the delivery fee will be covered by the SELLER in the case of exceeding the declared amount or in certain campaigns, the delivery fee will be covered by the SELLER. Delivery is made as soon as possible after the product is in stock and the product price is credited to the account of the SELLER.
6.3 In case of the BUYER's absence at the address where the products are to be delivered during the delivery of the products, the SELLER shall be deemed to have fully and completely fulfilled its performance. If there is no one to receive the product at the address where the product will be delivered, or if the person/organization to be delivered does not accept the delivery, the SELLER shall not be held responsible. In such cases, the responsibility for tracking the delivery of the products, which is not received at the address, falls on the BUYER. If the product has been delivered to the BUYER by cargo, the responsibility for following up the delivery lies with the BUYER. The responsibility for the products sent by the SELLER and waiting at the cargo company and/or returned to the SELLER due to non-delivery to the BUYER, is entirely on the BUYER. In this case, all the shipping costs and other costs will be covered by the BUYER.
6.4 The BUYER is responsible for checking the product at the time of delivery for any problems caused by the cargo during the delivery process, and for not accepting the product in case of any problem. Otherwise, the SELLER will not accept any responsibility. During the delivery of the product, if requested by the SELLER, the BUYER is obliged to sign a copy of this agreement; if the BUYER does not sign it, the product will not be delivered. The agreement approved by the BUYER during the online shopping is valid in any case.
6.5 If, for any reason, the amount to be paid by the BUYER to the SELLER cannot be collected from the Bank/financial institution that owns the credit card or the financial institution, which is the owner of the card due to the sale of the goods and/or services of the product by the SELLER, the product will be returned to the SELLER by the BUYER within 3 days at the latest. In the case where the product price cannot be paid due to the fault of the BUYER, the shipping costs will be covered by the BUYER. The SELLER reserves all its legal rights (including termination of the contract and/or the payment of the entire remaining debt with default interest) in cases where the SELLER's receivable cannot be collected and the product is returned without accepting it. In case of default, the BUYER shall pay interest at the rate determined by the legislation.
6.6 The BUYER is obliged to make the full payment of the product before receiving the product if it is stated that the product will be paid in advance. In the case of advance sales, if the amount of the purchase price is not paid in full by the BUYER, the SELLER may unilaterally cancel the contract and not deliver the product.
6.7 In case of default of the amount to be paid by the BUYER for any reason after the product is delivered, the BUYER will return the product to the SELLER within 3 days. If the product price cannot be paid due to the fault of the BUYER, the BUYER will be responsible for the shipping costs. The SELLER reserves all its legal rights in case the product price is not paid, including collection proceedings. In case of default, default interest will be applied at the rate specified by the relevant legislation.
6.8 In extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquake, flood, fire, etc.) that prevent the delivery of the product within the legal 30-day period and if the delay exceeds 10 days, the SELLER will inform the BUYER by clearly and comprehensibly and obtain their consent to deliver a product of equal quality and price, and the SELLER will be deemed to have fulfilled the commitment under this contract in this way. In case the BUYER does not give consent, the provisions regarding cancellation of the order will apply.
6.9 The BUYER can notify the SELLER about their demands and complaints regarding the product and the sale via the SELLER's contact channels specified in the introductory section of the contract. If requested by the SELLER during the delivery of the product, the BUYER is obliged to sign a copy of this agreement; if not signed, the product will not be delivered. The contract approved by the BUYER during online shopping is valid in any case.
6.10 The SELLER may, provided that there is a justified reason, provide another product/service of equal quality and price by obtaining the consent of the BUYER by clearly and comprehensibly informing the BUYER in case it is understood that the product/service subject to the contract cannot be supplied. In cases where the consent is not given by the BUYER, the provisions regarding the cancellation of the order will apply.
6.11 The electronic contract and preliminary information that the BUYER has received by obtaining preliminary information and confirming it following this process, is valid until the parties fulfill their payment/delivery obligations arising from this contract.
6.12 Persons under the age of eighteen (18) cannot sign contracts with the SELLER. The SELLER will consider the age declared in the contract by the BUYER. However, the SELLER cannot be held responsible for any incorrect age information provided by the BUYER.