Distance Sales Contract
DISTANCE SALES CONTRACT
PARTIES
SELLER-PROVIDER
Title: Bima Coffee Industry and Foreign Trade Limited Company
Address: Balat District Yarım Balat Street No: 8 34087 Fatih/Istanbul
Email: info@benessocoffee.com
Bank Account: TR760020500009785620100001
BUYER (CONSUMER)
Name, Surname/ Title:
Address:
Email:
Telephone:
Fax:
SUBJECT OF THE CONTRACT: PRODUCT, PRICE, PAYMENT AND DELIVERY
1. The subject of this Agreement is to determine the rights and obligations of the parties having the titles of consumer and seller in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of the following products ("Product/Products") that the BUYER ordered electronically from the www.benessocoffee.com website ("WEBSITE") belonging to the SELLER.
2. This Agreement is valid in the event that the BUYER is a consumer (not purchasing the products for a professional and/or commercial purpose) in accordance with the TKHK. The Type and Kind, Quantity, Brand/Model and Sales Price and Delivery Information of the Products (goods/services) are as stated below.
Product Description
Price
Shipping Fee
Total Price (VAT Included)
Payment Method:
Delivery Address:
Person to be Delivered:
Billing Address:
Other matters regarding delivery are determined in the relevant provisions of the Agreement.
RIGHT OF WITHDRAWAL
1. SELLER makes the following commitment to BUYER.
"The consumer has the right to withdraw from the contract by rejecting the goods or services within seven days from the date of receipt of the goods or signing the contract, without assuming any legal or criminal liability and without giving any justification (and without paying any penalty), and we undertake to take back the goods as of the date the withdrawal notice reaches the seller or provider."
2. However, in accordance with the relevant legal regulations, there is no right of withdrawal in contracts related to the following goods/services, even if they have not been used/utilized: Goods produced in line with the consumer's special requests or personal needs (including those made special to the person/personal needs by making changes or additions); Goods that cannot be returned due to their nature, are in danger of deteriorating quickly or have a possible expiration date, such as cosmetics etc. and foodstuffs such as chocolate; Sound or image recordings such as CDs and DVDs, software programs and computer consumables whose packaging has been opened by the consumer; Goods whose prices are determined in organized markets such as stock exchanges; Publications such as newspapers and magazines; Services related to betting and lottery; In general, all services performed instantly in electronic environment and all kinds of intangible goods delivered instantly to the consumer. In addition, services whose performance has started within the period of the right of withdrawal with the consumer's approval and other goods and services that are considered outside the scope of distance sales in accordance with the relevant legislation.
3. In order to exercise the right of withdrawal, it is necessary to notify the SELLER within this period. (This notification can be made to the SELLER's communication address specified in this Agreement via a permanent data carrier-remote communication tool such as letter, e-mail.) In case of exercising this right, in addition to the aforementioned notification, a copy of the cargo delivery report stating that the Product delivered to the 3rd party or the BUYER was sent to the SELLER and the original invoice (in accordance with tax legislation) must be returned. In addition, the Products to be returned must be delivered to the SELLER complete and undamaged, together with their box, packaging and standard accessories, if any. The cargo cost of the product returned by exercising the right of withdrawal is covered by the SELLER.
4. In addition to the cases where a return invoice must be issued by the BUYER, the section regarding the return at the bottom of the invoice to be returned with the Product must be filled in and signed. Returns of orders whose invoices are issued in the name of institutions will not be accepted unless a RETURN INVOICE is issued.
5. The Product price will be refunded to the BUYER within 10 days following the delivery of the above-mentioned documents and the Product to the SELLER in this manner. In credit card payments, the refund will also be made by refunding the BUYER's credit card (The provisions and explanations regarding refunds in Article 8 of the General Provisions are also valid in cases of refund due to the use of the right of withdrawal).
6. In the Products for which the right of withdrawal can be exercised, again in accordance with the legislation, if there is a change or deterioration in the product due to use other than its usual use or a decrease in value caused by the consumer's fault in general, the Consumer must compensate the SELLER for this decrease in value, and if return is impossible, the value of the product (the above-mentioned sales price).
GENERAL PROVISIONS
1. The BUYER accepts that he/she has received, read and is informed about the preliminary information regarding the basic characteristics of the products shown on the WEBSITE, the sales price including all taxes, the payment method, delivery and right of withdrawal and terms of use and has given the necessary confirmations and approvals for sales in electronic environment.
2. The product subject to the contract shall be delivered to the BUYER or the person/organization at the address provided by the SELLER by the cargo company with which the SELLER has a contract, within 7 business days depending on the distance of the BUYER's place of residence, provided that the legal 30-day period (and an additional 10 days if the BUYER is informed in advance) is not exceeded. The SELLER sends and delivers the products it sells to the BUYERS through CARGO companies.
3. In general, unless otherwise stated, delivery costs (shipping costs etc.) are the responsibility of the BUYER. The SELLER may not reflect all or part of the delivery costs to the BUYER depending on the results of the campaigns it runs at the time of sale and the terms of which are announced on the WEBSITE.
4. If the products delivered to the address are not available at the BUYER's address at the time of delivery, the SELLER will be deemed to have fulfilled its obligation fully and completely. If there is no one to receive the product at the address, the BUYER will be responsible for contacting the cargo company and following up on the shipment of the products. If the product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible for the person/organization to be delivered not being available at the address or not accepting the delivery. In such cases, all kinds of damages arising from the BUYER's late receipt of the Product and the expenses incurred due to the Product waiting at the cargo company and/or the return of the cargo to the SELLER belong to the BUYER.
5. The BUYER is responsible for checking the Product upon receipt and, if he/she sees a problem with the Product due to the cargo, not accepting the Product and having a report drawn up by the CARGO company official. Otherwise, the SELLER will not accept any responsibility. The BUYER is obliged to sign a printed copy of this Agreement upon the SELLER's request during the delivery of the PRODUCT; if he/she does not sign, the PRODUCT may not be delivered. This Agreement approved by the BUYER during shopping on the WEBSITE is sufficient and valid in all cases.
6. Unless otherwise stipulated in writing by the SELLER, the BUYER must have paid the price in full before receiving the Product. In cash sales, if the Product price is not paid in full to the SELLER before delivery, or if the due installment amount is not paid in installment sales, the SELLER may unilaterally cancel the contract and not deliver the Product.
7. If, for any reason after the delivery of the Product, the Bank/financial institution to which the credit card used for the transaction is located cannot pay the Product price to the SELLER, the Product shall be returned to the SELLER by the BUYER within 3 days at the latest. If the failure to pay the Product price is due to the BUYER's fault, the shipping costs shall be covered by the BUYER. The SELLER's other contractual and legal rights, including the right to pursue the Product price without accepting the return, are reserved separately and in any case. For the avoidance of doubt; in cases where the BUYER pays the sales price with a credit card, installment card, etc. that it owns from banks and financial institutions, all the opportunities provided by these cards are credit and/or installment payment opportunities provided directly by the institution that issued the card; Product sales realized within this framework and for which the SELLER collects the price in a lump sum or gradually are not credit or installment sales for the parties to this Agreement and are cash sales. The SELLER's legal rights in cases deemed to be sales in installments by law (including the right to terminate the contract in case of non-payment of installments and/or to demand payment of the entire remaining debt together with default interest) are available and reserved. In case of default by the BUYER, default interest is applied at the rate determined by the legislation.
8. If the Product cannot be delivered within the legal 30-day period due to extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquake, flood, fire) outside of normal sales/delivery conditions and the delay exceeds 10 days, the SELLER shall inform the BUYER regarding the delivery. In this case, the BUYER may cancel the order, order a similar product or wait until the end of the extraordinary situation. In case of order cancellations, if the Product price has been collected, it shall be returned to the BUYER within 10 days of the cancellation. In credit card payments, the refund shall also be made by returning it to the BUYER's credit card and the Product amount shall be returned to the relevant bank within 10 days after the order is cancelled by the BUYER; since the reflection of this amount to the BUYER's accounts after its return to the Bank is entirely related to the Bank's transaction process, the BUYER accepts in advance that the SELLER will not be able to intervene in any way and assume responsibility for possible delays. (The process of reflecting the refund to the BUYER's account by banks can usually take up to three weeks).
9. BUYER may notify SELLER of its requests and complaints regarding the Product and sales through SELLER communication channels in the introduction section of the Agreement. BUYER is obliged to sign a hard copy of this Agreement upon SELLER’s request during PRODUCT delivery; if not signed, PRODUCT delivery may not be made. This Agreement approved by BUYER during shopping on the WEBSITE is sufficient and valid in all cases.
10. If it is understood that the Product/service subject to the Contract cannot be supplied due to a justified reason other than extraordinary circumstances, the SELLER may supply another product/service of equal quality and price by informing the CONSUMER in a clear and understandable manner and obtaining his/her approval, and shall be deemed to have fulfilled his/her commitment subject to the Contract. In cases where the CONSUMER does not give approval, the provisions regarding order cancellation shall apply.
11. This Agreement, which is approved by the BUYER after receiving and confirming the preliminary information, is valid until the parties fulfill their payment/delivery obligations arising from this Agreement, without prejudice to the relevant provisions.
EVIDENCE AGREEMENT AND AUTHORIZED COURT
1. In resolving any dispute that may arise from this Agreement and/or its implementation, the records of the SELLER and the BUYER (including records in magnetic media such as computer-voice recordings) constitute definitive evidence; Consumer Arbitration Committees are authorized within the monetary limits determined by the Ministry of Customs and Trade of the Republic of Turkey in December each year, and in cases exceeding these, the Consumer Courts and Enforcement Offices at the place of residence of the BUYER and the SELLER are authorized.
2. BUYER declares that he/she has read all the conditions and explanations written in this Agreement and the order-contract preliminary information form that forms an integral part of it, that he/she has prior knowledge about the basic characteristics of the Products subject to sale, sales price, payment method, delivery conditions, etc. and all preliminary information and right of withdrawal regarding the Products subject to sale, that he/she has seen the preliminary information electronically on the WEBSITE (the relevant Agreement is also sent to the e-mail address provided by BUYER) and that he/she has confirmed and approved these electronically, and that he/she has ordered the Product and accepted the provisions of this Agreement.