SALES AGREEMENT
DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement has been signed between the following parties within the framework of the terms and conditions specified below. A. ‘BUYER’; (hereinafter referred to as the “BUYER” in the contract) B. ‘SELLER’; (hereinafter referred to as the “SELLER” in the contract) ATAFORM TEKSTİL TURİZM GIDA İNŞAAT SANAYİ VE TİCARET LTD.ŞTİ (MYCHEF) Erciyes İş Yerleri Sitesi 187.cadde No:20 Yenimahalle /Ankara By accepting this agreement, the BUYER agrees that if the contract subject to the order is confirmed, they will be obliged to pay the order subject price and any additional fees such as shipping costs, taxes, and they have been informed about this in advance.
2. DEFINITIONS
In the application and interpretation of this agreement, the terms written below will express the explanations written opposite them. MINISTER: Minister of Customs and Trade, MINISTRY: Ministry of Customs and Trade, LAW: Law No. 6502 on the Protection of the Consumer, REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188), SERVICE: The subject of any consumer transaction made or undertaken for a fee or benefit other than providing goods, SELLER: The company offering goods to the consumer within the scope of commercial or professional activities or acting on behalf of or on behalf of the company, BUYER: The real or legal person acquiring, using, or benefiting from a good or service for non-commercial or professional purposes, SITE: The website owned by the SELLER, ORDERER: The real or legal person who requests a good or service from the SELLER’s website, PARTIES: The SELLER and the BUYER, AGREEMENT: This agreement concluded between the SELLER and the BUYER, GOODS: The movable property subject to the purchase and sale and the intangible assets such as software, sound, image, and similar prepared for use in electronic media.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the product specified below, the order of which the BUYER placed electronically through the website of the SELLER, along with its features and sales price. The prices listed and announced on the website are the sales prices. The announced prices and promises are valid until they are updated and changed. Prices announced for a limited period are valid until the end of the specified period.
4. SELLER INFORMATION
Title: ATAFORM TEKSTİL TURİZM GIDA İNŞAAT SANAYİ VE TİCARET LTD.ŞTİ (MYCHEF)
Address: Erciyes İş Yerleri Sitesi 187.cadde No:20 Yenimahalle /Ankara
Telephone: +90 312 397 77 63
Email: istanbul@mychef.com.tr
5. BUYER INFORMATION
Name/Surname/Title:
Address:
Telephone:
Email:
6. INFORMATION OF THE PERSON TO WHOM THE ORDER WILL BE DELIVERED
Recipient:
Delivery Address:
Telephone:
7. SUBJECT OF THE CONTRACT PRODUCT/PRODUCTS INFORMATION
7.1. The basic features of the product/products/service (type, quantity, brand/model, color, quantity) are published on the SELLER’s website. If the seller has organized a campaign, you can review the basic features of the relevant product during the campaign period. It is valid until the campaign date.
7.2. The prices listed and announced on the website are the sales prices. The announced prices and promises are valid until they are updated and changed. Prices announced for a limited period are valid until the end of the specified period.
7.3. The sales price including VAT and all taxes of the goods or service subject to the contract is shown below.
Product Description Quantity Unit Price Total (Including VAT)
Shipment Fee:
Total:
Payment Method and Plan: THE ORDER SUMMARY WILL COME HERE.
Order Date:
Delivery Date:
Delivery Method:
7.4. The shipping cost, which is the shipment expense, will be paid by the BUYER.
8. INVOICE DETAILS
Name/Surname/Title:
Address:
Telephone:
Fax:
Email:
Invoice Delivery: E-invoice will be sent to the email address. A copy of the invoice will be delivered to the billing address along with the order during the order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes that they have read and informed themselves about the basic characteristics of the product, the sales price, and the payment method, as well as the preliminary information on delivery, on the SELLER’s website before placing an order electronically. The BUYER’s confirmation of the Preliminary Information electronically constitutes that the BUYER has accurately and fully obtained the necessary information about the address to be provided to the BUYER by the SELLER before the conclusion of the distance sales contract, the basic features of the products ordered, the prices including taxes of the products, payment and delivery information.
9.2. Each product subject to the contract shall be delivered to the BUYER or the person/entity at the address indicated by the BUYER within the period specified on the website depending on the distance of the BUYER’s place of residence, provided that it does not exceed the legal period of 30 days. In case the product cannot be delivered to the BUYER within this period, the BUYER has the right to terminate the contract.
9.3. The SELLER undertakes to deliver the product subject to the contract in full, in accordance with the specifications stated in the order, and with the warranty documents, usage manuals, if any, and any information and documents required for the product, and to perform the work in compliance with the legal requirements other than any defects, honestly and meticulously, maintaining and improving the service quality, showing the necessary care and diligence during the performance of the work, and acting with prudence and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining explicit approval in case it becomes impossible to fulfill the obligations arising from the contract before the expiration of the performance obligation arising from the contract.
9.5. In the event that the SELLER cannot fulfill the obligations arising from the contract if it becomes impossible to fulfill the obligations arising from the contract,
the SELLER undertakes to inform the consumer in writing within 3 days from the date of learning this situation and to refund the total price to the BUYER within 14 days.
9.6. The BUYER undertakes that they will confirm this Agreement electronically for the delivery of the product, and in case the product price is not paid and/or canceled in the bank records for any reason, the SELLER’s obligation to deliver the product
subject to the contract will end.
9.7. After the delivery of the product subject to the contract to the BUYER or the person/entity at the address indicated by the BUYER, if the price of the product subject to the contract is not paid to the SELLER by the bank or financial institution due to the unauthorized use of the BUYER’s credit card by unauthorized persons, the BUYER agrees, declares, and undertakes that they will return the product subject to the contract to the SELLER within 3 days, with the shipping cost belonging to the SELLER.
9.8. In case of the occurrence of force majeure events preventing the performance of the contract due to reasons beyond the control of the parties, unforeseeable and delaying, the SELLER agrees, declares, and undertakes to notify the BUYER of the situation and to request the cancellation of the order, replacement of the contract product with its counterpart, if any, and/or postponement of the delivery period until the impediment is removed. The BUYER also has the right to request the SELLER to cancel the order, to replace the product subject to the contract with a precedent, if any, and / or to postpone the delivery time until the preventive situation disappears. In case the order is canceled by the BUYER, in payments made in cash by the BUYER, the product amount is refunded to the BUYER within 14 days in cash. In payments made by the BUYER with a credit card, the product amount is returned to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER accepts, declares, and undertakes that the process of reflecting the amount refunded to the credit card by the SELLER to the accounts of the BUYER may take an average of 2 to 3 weeks, and since the reflection of this amount to the accounts is entirely related to the bank transaction process, the BUYER cannot hold the SELLER responsible for any possible delays.
9.9. The SELLER has the right to contact the BUYER through mail, e-mail, SMS, phone calls, and other means of communication for communication, marketing, notification, and other purposes using the address, e-mail address, fixed and mobile phone lines, and other contact information specified by the BUYER on the website registration form or subsequently updated by the BUYER. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the above-mentioned communication activities towards them.
9.10. The BUYER will inspect the product/service subject to the contract before receiving it; they will not accept damaged, broken, torn packaging, or defective goods/services from the shipping company. The delivered goods/services will be deemed undamaged and intact. The obligation to carefully preserve the goods/services after delivery belongs to the BUYER. If the right of withdrawal will be exercised, the goods/services should not be used. The invoice should be returned.
9.11. If the cardholder during the order placement is not the same person as the BUYER or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit cardholder, the previous month’s statement of the credit card used in the order, or a letter from the bank of the cardholder confirming that the credit card belongs to them. Until the requested information/documents are provided by the BUYER, the order will be suspended, and if these requests are not fulfilled within 24 hours, the SELLER reserves the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided when becoming a member of the SELLER’s website is accurate, and that they will immediately and fully compensate all damages incurred by the SELLER due to the inconsistency of this information with the truth upon the first notification from the SELLER, in cash and at once.
9.13. The BUYER undertakes to comply with the legal regulations while using the SELLER’s website and not to violate them. Otherwise, all legal and penal responsibilities arising therefrom will be binding on the BUYER.
9.14. The BUYER cannot use the SELLER’s website in a way that disrupts public order, contradicts general morality, disturbs and harasses others, or violates the material and moral rights of others, for an unlawful purpose, or in a way that prevents or complicates others from using the services (spam, virus, trojan, etc.).
9.15. Links to other websites and/or content owned and/or operated by third parties may be provided through the SELLER’s website, which is not under the control of the SELLER. These links are provided to facilitate navigation for the BUYER and do not imply endorsement of any website or the person operating it, nor do they guarantee the accuracy of the information contained on the linked website.
9.16. The member who violates one or more of the articles mentioned in this contract will be personally responsible for the legal and criminal consequences of such violations and will indemnify the SELLER against any legal and criminal consequences of these violations. Furthermore, in case of legal action arising from such violations, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
10. RIGHT TO WITHDRAW
10.1. If the distance contract concerns the sale of goods, the BUYER may exercise their right of withdrawal from the contract within 14 (fourteen) days from the date of delivery to themselves or to the person/organization at the address indicated by them, without assuming any legal or criminal liability and without providing any reason, provided that they notify the SELLER. In distance contracts related to the provision of services, this period starts from the date of signing the contract. In service contracts where the service has started with the consumer’s approval before the expiration of the withdrawal period, the right of withdrawal cannot be exercised. The expenses arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this agreement, the BUYER acknowledges that they have been informed about the right of withdrawal in advance.
10.2. For the exercise of the right of withdrawal, it is necessary to submit a written notification to the SELLER by registered mail, fax, or e-mail within 14 (fourteen) days, and the product must not have been used within the scope of the “Products for which the Right of Withdrawal cannot be Used” provisions stipulated in this contract. In case of exercising this right,
a) The invoice of the product delivered to the 3rd party or to the BUYER (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution. Returns of orders invoiced on behalf of institutions will not be completed if the RETURN INVOICE is not issued.)
b) Return form,
c) The box and packaging of the products to be returned, along with any standard accessories, must be returned complete and undamaged.
d) The SELLER is obliged to refund the total price and any documents that put the BUYER under obligation to the BUYER within 10 days at the latest from the receipt of the withdrawal notification, and to take back the goods within 20 days.
e) If there is a decrease in the value of the goods due to the fault of the BUYER or if it becomes impossible to return the goods, the BUYER is liable to compensate the damages of the SELLER in proportion to their fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the product or item during the withdrawal period.
f) In case the campaign limit amount set by the SELLER is reduced due to the exercise of the right of withdrawal, the amount of discount benefited from within the scope of the campaign will be canceled.
11. PRODUCTS NOT ELIGIBLE FOR WITHDRAWAL RIGHT
Products prepared according to the buyer’s request or explicitly for personal needs, which cannot be returned, including underwear bottoms, swimsuit bottoms, makeup products, disposable items, goods with a risk of rapid deterioration or expiration, products unsuitable for return due to health and hygiene reasons once the packaging has been opened by the buyer, products mixed with other items after delivery and inherently unable to be separated, except for those provided under subscription agreements, goods related to periodicals such as newspapers and magazines, electronically performed services or non-material goods instantly delivered to the consumer, as well as audio or video recordings, books, digital content, software programs, data recording and storage devices, computer consumables, whose return is not possible according to the Regulation if the packaging has been opened by the buyer. Additionally, the withdrawal right regarding services commenced with the consumer’s consent before the withdrawal period expires is also not possible according to the Regulation.
12. DEFAULT AND LEGAL CONSEQUENCES
In the event of default, if the buyer makes payments with a credit card, the buyer acknowledges, declares, and undertakes that they will pay interest and be responsible to the bank within the framework of the credit card agreement between them and the card-issuing bank. In this case, the relevant bank may resort to legal remedies, demand the expenses incurred and the attorney’s fee from the buyer, and in any case, in the event of the buyer’s default due to the delayed performance of the debt, the buyer acknowledges, declares, and undertakes to pay the damages incurred by the SELLER due to the delay in the performance of the debt.
13. JURISDICTION
In disputes arising from this contract, complaints and objections will be made to the consumer arbitration board or consumer court located where the consumer resides or where the consumer transaction is made within the monetary limits specified by law. This contract is made for commercial purposes.
14. EFFECTIVENESS
The buyer is deemed to have accepted all the terms of this contract when they complete the payment for the order placed through the Site. The SELLER is obliged to make the necessary software arrangements to ensure that this contract is read and accepted by the BUYER on the Site before the order is placed.
SELLER:
ATAFORM TEKSTİL TURİZM GIDA
İNŞAAT SANAYİ VE TİCARET LTD.ŞTİ (MYCHEF)
BUYER:
DATE:
