Distance Sales Agreement

ARTICLE 1 – PARTIES

1.1. SELLER

Trade Name: Özkaya Gıda Turizm Elektronik Sanayi Ticaret Ltd. Şti.
Address: Teyyaredüzü Mahallesi, Yeşim Sokak No:33, 28200 Merkez/GİRESUN, TÜRKİYE
Telephone: +90 454 215 00 01
Fax: +90 454 215 00 02
E-mail: [email protected]
Website: www.ginut.com.tr
Tax Office / Tax No.: Giresun / 699 028 49 39
Trade Registry No.: 4058
MERSIS No.: 0699 0284 9390 0010

1.2. BUYER

Full Name: {{musteri.adisoyadi}}
E-mail: {{musteri.email}}
Telephone: {{musteri.siparis.teslim.tel}}
Delivery Address: {{musteri.siparis.teslim.adres}}
Billing Address: {{musteri.siparis.fatura.adres}}

For the purposes of this Agreement, the BUYER refers to a consumer acting for purposes outside his/her trade, business or profession.

ARTICLE 2 – SUBJECT MATTER AND LEGAL BASIS OF THE AGREEMENT

The subject matter of this Distance Sales Agreement is to determine the rights and obligations of the parties regarding the sale, payment and delivery of the product or products ordered electronically by the BUYER through the SELLER's website, www.ginut.com.tr.

This Agreement has been prepared in accordance with, in particular, Law No. 6502 on Consumer Protection, the Regulation on Distance Contracts, and other applicable legislation in force in the Republic of Türkiye.

The BUYER acknowledges and declares that, prior to confirming the order, he/she has been informed about and has electronically confirmed the essential characteristics of the products, total sales price, taxes, payment method, delivery conditions, delivery costs, if any, right of withdrawal and other preliminary information.

ARTICLE 3 – PRODUCTS SUBJECT TO THE AGREEMENT AND ORDER INFORMATION

3.1. Product Information

The name, type, quantity, unit price, sales price inclusive of taxes and, where applicable, other characteristics of the products subject to the order are as follows:

{{musteri.siparis.urunler}}

3.2. Payment Information

Payment Method: {{musteri.siparis.odemetipi}}

Where the BUYER makes payment by credit card or debit card, installment, deferred payment or similar financial campaigns offered by banks shall be subject to the terms and conditions of the relevant bank or financial institution.

The SELLER has no control over the implementation, amendment or termination of such campaigns offered by banks or financial institutions.

3.3. Delivery Information

Person to Whom the Order Will Be Delivered: {{musteri.siparis.teslim.adsoyad}}
Telephone: {{musteri.siparis.teslim.tel}}
Delivery Address: {{musteri.siparis.teslim.adres}}
Billing Address: {{musteri.siparis.fatura.adres}}
Courier Company: {{musteri.siparis.teslim.kargo.firma}}
Shipping Fee: {{musteri.siparis.teslim.kargo.ucret}}
Invoice Delivery Method: {{musteri.siparis.fatura.gonderimtipi}}

The total order amount consists of the product prices, applicable taxes and, where applicable, delivery or other additional costs disclosed to the BUYER before the order is placed.

ARTICLE 4 – PLACEMENT OF THE ORDER AND PAYMENT

4.1. Before confirming the order, the BUYER is provided with an order summary and the total amount he/she will be required to pay.

4.2. The BUYER is clearly and comprehensibly informed that confirming the order creates an obligation to pay.

4.3. This Agreement shall be deemed concluded upon completion of the order electronically. A separately signed hard copy of this Agreement is not required to be delivered to the SELLER for its validity.

4.4. If the order amount cannot be collected for any reason or the payment transaction is not approved by the relevant bank or payment institution, the SELLER shall have no obligation to dispatch the product.

ARTICLE 5 – DELIVERY

5.1. The SELLER shall deliver the product subject to the order within the period notified to the BUYER during the ordering process or in the preliminary information.

5.2. For sales of goods, the delivery period shall not exceed 30 days from the date the order reaches the SELLER, except in circumstances otherwise permitted by applicable legislation.

5.3. The product shall be delivered to the BUYER or to a third party designated by the BUYER for delivery.

5.4. If the BUYER is not present at the delivery address, the delivery procedures of the relevant courier company shall apply. If the order cannot be delivered, the BUYER may contact the courier company or the SELLER to obtain information regarding redelivery or other available options.

5.5. The SELLER shall not be held liable, to the extent that the SELLER is not at fault, for delivery problems arising from incorrect or incomplete address or contact information provided by the BUYER.

5.6. If it becomes impossible to deliver the product subject to the order, the SELLER shall notify the BUYER in writing or via a durable medium within the period prescribed by applicable legislation from the date on which the SELLER becomes aware of such impossibility.

Where performance becomes impossible, all payments collected, including delivery costs where applicable, shall be refunded to the BUYER within the period prescribed by applicable legislation.

The mere fact that a product is out of stock shall not, by itself, be considered impossibility of performance.

ARTICLE 6 – RIGHT OF WITHDRAWAL

6.1. Withdrawal Period

Subject to the exceptions set out in applicable legislation, the BUYER has the right to withdraw from this Agreement within 14 days from the date on which the product is delivered to the BUYER or to a third party designated by the BUYER, without giving any reason and without incurring any penalty.

The BUYER may also exercise the right of withdrawal before delivery of the product.

Where multiple products ordered under a single order are delivered on different dates, the withdrawal period shall commence on the date on which the last product is delivered.

6.2. Withdrawal Notice

To exercise the right of withdrawal, it is sufficient for the BUYER to send a clear statement of withdrawal to the SELLER in writing or via a durable medium, such as e-mail, within the 14-day withdrawal period.

Withdrawal notices may be submitted through the following communication channels:

E-mail: [email protected]
Address: Özkaya Gıda Turizm Elektronik Sanayi Ticaret Ltd. Şti., Teyyaredüzü Mahallesi, Yeşim Sokak No:33, 28200 Merkez/GİRESUN, TÜRKİYE

The BUYER may use the model withdrawal form provided under applicable legislation or may submit any other clear statement indicating the decision to withdraw from the Agreement.

ARTICLE 7 – RETURN OF PRODUCTS FOLLOWING WITHDRAWAL

7.1. Unless the SELLER has offered to collect the product itself, the BUYER shall return the product to the SELLER or to a person authorized by the SELLER within 14 days from the date on which the BUYER notifies the SELLER of the exercise of the right of withdrawal.

7.2. The designated return carrier for exercising the right of withdrawal is:

Return Shipping Companies: Yurtiçi Cargo, DHL, Aras Cargo

7.3. Where the BUYER returns the product using the return carrier designated by the SELLER, the BUYER shall not be held responsible for return shipping costs.

7.4. If the SELLER does not specify a return carrier, no return shipping cost may be charged to the BUYER.

7.5. If the designated carrier does not have a branch or service point at the BUYER's location, the SELLER shall arrange for the product to be collected without charging the BUYER any additional fee.

7.6. The BUYER shall not bear the return costs for defective, damaged, incorrect or non-conforming products.

ARTICLE 8 – REFUNDS

8.1. Where the right of withdrawal is exercised after delivery of the product, the SELLER shall refund all payments collected in relation to the product subject to withdrawal, including the original delivery costs where applicable, within no later than 14 days from the date on which the product is handed over to the return carrier designated by the SELLER.

8.2. If the BUYER returns the product using a carrier other than the carrier designated by the SELLER, the refund period shall commence on the date the returned product is received by the SELLER.

8.3. Where the right of withdrawal is exercised before delivery, all payments collected shall be refunded within no later than 14 days from the date the withdrawal notice reaches the SELLER.

8.4. Refunds shall be made using a method compatible with the payment method originally used by the BUYER, without imposing any cost or obligation on the BUYER and in accordance with applicable legislation.

8.5. Where the refund is made to a credit or debit card, the time required for the amount to appear in the BUYER's account may depend on the technical and operational procedures of the relevant bank or payment institution.

ARTICLE 9 – EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

Pursuant to Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts, unless otherwise agreed by the parties, the right of withdrawal may not be exercised, in particular, in the following cases:

a) Contracts for products prepared or customized in accordance with the BUYER's specifications or personal requirements,

b) Contracts for the delivery of goods that are liable to deteriorate rapidly or whose expiry date may pass quickly,

c) Contracts for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose protective packaging, seal, tape, vacuum packaging or similar protective element has been opened after delivery,

ç) Contracts for goods which, after delivery, become inseparably mixed with other goods by their nature,

d) Other goods and services expressly excluded from the right of withdrawal under applicable legislation.

Since products sold by Halis Fındık are food products, the health and hygiene exception referred to above may apply, depending on the nature of the product, particularly where the vacuum seal, safety band, seal or hygienic protective packaging has been opened.

Exceptions to the right of withdrawal do not affect the BUYER's statutory rights where a product is defective, spoiled, damaged, different from the product ordered or otherwise non-compliant with applicable legislation.

ARTICLE 10 – DEFECTIVE, DAMAGED OR INCORRECT PRODUCTS

10.1. The SELLER is responsible for delivering the products in conformity with the characteristics stated in the order and with applicable legislation.

10.2. Where a product is defective, spoiled, damaged, incomplete or different from the product ordered, the BUYER's statutory rights under Law No. 6502 on Consumer Protection and other applicable legislation shall remain reserved.

10.3. The BUYER shall not be charged shipping or return costs in connection with the return, replacement or other remedy relating to defective goods.

10.4. Where possible, the BUYER is advised to inspect the physical condition of the package at the time of delivery and, where there is visible transport damage, to request that a damage report be prepared by the courier representative. Failure to obtain such a report shall not, by itself, result in the loss of the BUYER's statutory rights.

ARTICLE 11 – FORCE MAJEURE

Where performance of this Agreement is temporarily prevented by events beyond the reasonable control of the parties, including but not limited to natural disasters, fire, flood, earthquake, epidemic, war, terrorism, strikes, serious disruption to transportation or decisions of public authorities, the affected party shall notify the other party as soon as reasonably possible.

If a force majeure event makes performance of the Agreement permanently impossible, the applicable provisions of law relating to impossibility of performance and refunds shall apply.

ARTICLE 12 – PERSONAL DATA

Personal data belonging to the BUYER shall be processed for purposes including the creation of the order, processing of payment, delivery of the product, provision of customer services and fulfillment of applicable legal obligations, in accordance with Law No. 6698 on the Protection of Personal Data and other applicable legislation.

Detailed information regarding the processing of personal data is provided to the BUYER under the Personal Data Protection Notice and Privacy Policy published on www.ginut.com.tr.

ARTICLE 13 – COMPLAINTS AND CONTACT INFORMATION

The BUYER may submit requests or complaints regarding orders, delivery, payment, withdrawal, returns or other consumer matters through the following communication channels:

Özkaya Gıda Turizm Elektronik Sanayi Ticaret Ltd. Şti.
Teyyaredüzü Mahallesi, Yeşim Sokak No:33, 28200 Merkez/GİRESUN, TÜRKİYE
Telephone: +90 454 215 00 01
E-mail: [email protected]

The SELLER shall review consumer requests in accordance with applicable legislation.

ARTICLE 14 – SETTLEMENT OF DISPUTES

For consumer disputes arising from this Agreement, applications may be submitted to the competent Consumer Arbitration Committees within the monetary limits applicable on the date of application.

For disputes exceeding the jurisdictional monetary limits of the Consumer Arbitration Committees, applications may be made to the competent Consumer Courts, subject to the mandatory mediation provisions under Article 73/A of Law No. 6502, where applicable.

In locations where no Consumer Court has been established, the competent courts shall hear such disputes in their capacity as Consumer Courts.

The BUYER's rights to apply to any other legally competent authority shall remain reserved.

ARTICLE 15 – ENTRY INTO FORCE AND ACCEPTANCE

The BUYER declares that, before completing the order electronically, he/she has read, understood and been informed about:

the essential characteristics of the products,
the total sales price including taxes,
payment and delivery conditions,
shipping and additional costs, if any,
the conditions and exceptions applicable to the right of withdrawal,
return conditions,
this Distance Sales Agreement, and
the Preliminary Information Form.

The BUYER further declares that he/she accepts these terms by confirming the order electronically.

This Agreement shall be deemed concluded and shall enter into force on {{musteri.siparis.trh}}, the date on which the BUYER confirms the order electronically.

SELLER:
Özkaya Gıda Turizm Elektronik Sanayi Ticaret Ltd. Şti.

BUYER:
{{musteri.adisoyadi}}

ORDER DATE:
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