Distance Sales Contract
DISTANCE SALES CONTRACT
  1. PARTIES

This Contract is signed between the parties below under the following terms and provisions. 

  1. “BUYER”; (hereinafter referred to as “BUYER” in the contract)
  2. “SELLER”; (hereinafter referred to as “SELLER” in the contract)

NAME - SURNAME: Kanarya Kasabı Gıda Sanayi ve Ticaret AŞ

ADDRESS: Kocatepe Mah. Gümrük İskelesi Cad. Mega Center A Blok No:89/897 Bayrampaşa/Istanbul

TAX OFFICE-NO: TUNA TAX OFFICE - 4951289496

By accepting this contract, the BUYER agrees in advance that if he/she approves the order subject to the contract, he/she will enter into an obligation to pay the price subject to the order and the additional fees specified, such as shipping fees, taxes, if any, and that he/she is informed in this regard.

  1. DEFINITIONS

In the application and interpretation of this contract, following terms shall refer to the following explanations.

MINISTER: Minister of Customs and Trade,

MINISTRY: Ministry of Customs and Trade,

LAW: Law on Consumer Protection No. 6502

REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)

SERVICE: The subject of any consumer transaction other than the provision of goods made or committed to be made in exchange for any fee or interest,

SELLER: The company that offers goods to the consumer or acts on behalf of or on account of those offering goods within the scope of its commercial or professional activities,

BUYER: A natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,

WEBSITE: The website of the SELLER,

ORDERER: A natural or legal person who orders a product or service through the website of the SELLER,

PARTIES: The SELLER and the BUYER,

CONTRACT: This contract concluded between the SELLER and the BUYER,

GOODS: Movable goods subject to shopping and software, sound, image, and similar intangible goods prepared for use in an electronic environment.

  1. SUBJECT:

This Contract regulates the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts regarding the sales and delivery of the product, the qualifications and sale price of which are specified below, that the BUYER has ordered electronically through the website of the SELLER.

The prices listed and announced on the website are the sale prices. Announced prices and promises are valid until updated and modified. Prices announced for a limited period will be valid until the end of the specified period.

  1. SELLER DETAILS

Title : Kanarya Kasabı Gıda Sanayi Ticaret AŞ

Address : Kocatepe Mah. Gümrük İskelesi Cad. Mega Center A Blok No:89/897 Bayrampaşa/İstanbul

Phone : 0212 640 20 65 - 0539 267 00 00
Fax : 0212 640 20 47

Email : info@kanaryakasabi.com.tr

  1. BUYER DETAILS

The person who will take the delivery:

Delivery Address:

Phone:

Fax:

Email/user name:

  1. ORDERER DETAILS

Name/Surname/Title:

Address:

Phone:

Fax:

Email/ user name:

  1. DETAILS OF THE PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT

7.1. The basic features of Goods/Product/Products/Service (its type, amount, brand/model, color, number) are announced on the website of the SELLER. If a campaign is organized by the seller, you can review the main characteristics of the relevant product during the campaign. The campaign is valid only during the specified periods.

7.2. The prices listed and announced on the website are the sale prices. Announced prices and promises are valid until updated and modified. Prices announced for a limited period will be valid until the end of the specified period.

7.3. The sale price of the goods or services subject to the contract, including all taxes, is shown below.

Product Description Unit Number Unit Price Subtotal

(Including VAT)

Shipping Amount

Total:

Payment Method and Plan:

Delivery Address:

The person who will take the delivery:

Invoice Address :

Order Date:

Delivery Date:

Delivery method:

7.4. The shipping fee, which is the cost of shipping of the product, shall be paid by the BUYER.

  1. INVOICE DETAILS

Name/ Surname/Title:

Address :

Phone :

Fax:

Email/ user name:

Invoice delivery: The invoice will be delivered together with the order to the invoice address during the delivery of the order.

  1. GENERAL PROVISIONS

9.1. The BUYER agrees and declares that he/she has read and obtained information about all preliminary information about the goods/products/services subject to sale such as the basic qualities, sale price and payment method, and delivery conditions, etc. and the preliminary information about the withdrawal right on the website of the SELLER, that he/she has given the necessary confirmation in electronic form and then placed the order for the goods/products/services in accordance with the provisions of this contract. The preliminary information form and invoice as well as the User Contract and the Confidentiality Policy that are all available on the payment page of the website are integral parts of this contract. When the order is placed, the BUYER shall be deemed to have accepted all the terms of this contract. The BUYER, by confirming the Preliminary Information in electronic medium, accepts, declares, and undertakes that he/she has obtained the address, the main characteristics of the ordered products, the price of the products, including taxes, and payment and delivery information, correctly and completely, before the establishment of the distance sales contract.

9.2. Each product subject to the contract is delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section of the website, depending on the distance of the BUYER's place, provided that it does not exceed the 30-day legal period. If the product cannot be delivered to the BUYER during this period, BUYER reserves the right to terminate the contract. 

9.3. The SELLER agrees, declares, and undertakes to deliver the product subject to the Contract in full and in compliance with the qualifications specified in the order, to fulfill the work free from all kinds of defects, soundly and compliant with the standards in accordance with the requirements of the legal legislation, to maintain and improve the quality of service, to pay the necessary attention and care during the performance of the work, to act with prudence and foresight.

9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER before the expiration of the contractual performance obligation by obtaining his/her explicit consent.

9.5. The SELLER agrees, declares, and undertakes that if the SELLER cannot fulfill his obligations under the contract in the event that the product or service subject to the order becomes impossible to fulfill, he/she shall notify the consumer in writing within 3 days from the date when he/she learns of this situation, and shall return the total price to the BUYER within 14 days. For credit card sales, the bank shall be responsible for the period during which it will return the amount to the BUYER's account, and the SELLER cannot be held liable.

9.6. The BUYER agrees, declares, and undertakes that he/she shall confirm this Contract electronically for the delivery of the product subject to the Contract, and that if the product subject to the contract is not paid and/or is canceled in the bank records for any reason, the SELLER's obligation to deliver the product subject to the contract will be terminated.

9.7. The BUYER agrees, declares, and undertakes that if the price of the product subject to the Contract is not paid to the SELLER by the relevant bank or financial institution due to the unlawful use of the credit card of the BUYER after the delivery of the product subject to the contract to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER shall return the product subject to the contract to the SELLER within 3 days, the shipping cost to be borne by the SELLER.

9.8. The SELLER agrees, declares, and undertakes to notify the BUYER of the situation if the SELLER cannot deliver the product subject to the contract within the period due to force majeure circumstances such as the occurrence of conditions that develop against the will of the parties, are unforeseen in advance, and prevent and/or delay the performance of the parties' debts. The BUYER also has the right to request from the SELLER that the order be canceled, that the product subject to the contract be replaced with its equivalent, if any, and/or that the delivery period be extended until the preventive situation is eliminated. In case of cancellation of the order by the BUYER, in payments made by the BUYER in cash the price of the product shall be paid to the BUYER in cash and at once within 14 days. In payments made by the BUYER by credit card, the price of the product is returned to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER agrees, declares, and undertakes that the average duration of the transfer of the amount, which is returned by the SELLER to the credit card, by the bank to the BUYER's account may take 2 to 3 weeks and that since the transfer of this amount to the BUYER's accounts after the returning to the bank is completely 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 reach the BUYER for communication, marketing, notification, and other purposes through letters, emails, SMS, phone calls, and other means using the address, e-mail address, fixed and mobile phone lines, and other contact information specified in the registration form of the website by the BUYER or subsequently updated by him/her. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities with him/her.

9.10. The BUYER shall inspect the goods/services subject to the contract before taking delivery; shall not take delivery of damaged and defective goods/services such as crushed, broken, torn packaging, etc. In this case, the invoice must be returned together with the goods. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded. The delivered goods will be considered undamaged and intact. The responsibility for the careful protection of the goods/services after delivery belongs to the BUYER.

9.11. In cases where the BUYER and the holder of the credit card used in the order are not the same person, or a security flaw related to the credit card used in the order is detected before the delivery of the product to the BUYER, the SELLER may request the BUYER to submit identification and contact information related to the credit card holder, the bank statement of the previous month of the credit card used in the order, or a letter from the card holder's bank indicating that the credit card belongs to the BUYER. The order will be suspended until the BUYER provides the requested information/documents, and if the mentioned requests are not met within 24 hours, the SELLER has the right to cancel the order.

9.12. The BUYER declares and undertakes that the personal and other information provided when registering on the SELLER's website is accurate and that he/she shall immediately compensate all losses incurred by the SELLER due to the inaccuracy of this information, in cash and at once, upon the first notice of the SELLER.

9.13. The BUYER agrees and undertakes in advance to comply with the provisions of the legislation and not to violate them when using the SELLER's website. Otherwise, all civil and criminal obligations arising will solely and exclusively bind the BUYER.

9.14. The BUYER may not use the SELLER's website in a way that is disruptive to public order, contrary to public morality, disturbing and harassing others, for a purpose contrary to the law, and in a manner that violates the material and moral rights of others. In addition, the member may not engage in activities that prevent or challenge others from using the services (spam, virus, trojan horse, etc.).

9.15. Links to other websites and/or other content that are not under SELLER's control and/or owned and/or operated by third parties may be provided through the SELLER's website. These links are provided for ease of navigation for the BUYER and do not support any website or its operator and do not constitute any guarantee in relation to the information contained in the website, to which the link is provided.

9.16. If for any reason the price of the goods/products is not paid or canceled in the bank records, the SELLER shall be deemed to be relieved of the obligation to deliver the product.

9.17. A member who violates one or more of the articles listed in this contract shall be criminally and legally responsible in person for this violation and shall keep the SELLER free from the civil and criminal consequences of these violations. In addition, if the case is referred to the judicial sphere due to this violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.

  1. RIGHT OF WITHDRAWAL

10.1. If the products offered for sale on the SELLER's website are the products that are not suitable for return, disposable products, and red and/or white meats that are in danger of rapid deterioration, or the products that are likely to be expired, especially those the cold chain of which should not be broken, the return of these goods is not possible in accordance with the Regulation. The BUYER agrees in advance that he/she has been informed of the right of withdrawal by accepting this contract.

  1. RIGHT TO CANCELATION

The BUYER shall be able to cancel the order by calling customer service no later than 1 business day, provided that it has not been shipped for delivery. Applications made by email will not be considered. The BUYER shall not be charged for any penalty or shipping fee in relation to the canceled orders. However, the cancellation of the order is not possible if the order has been shipped for delivery.

  1. DEFAULT AND ITS LEGAL CONSEQUENCES

The BUYER accepts, declares, and undertakes that in case of his/her default when he/she makes the payment with the credit card, he/she will pay interest and is liable to the bank in accordance with the credit card contract between the cardholder and the bank. In this case, the relevant bank may take legal actions, claim the litigation costs and attorney fees from the BUYER, and in any case, if the BUYER defaults on his debt, the BUYER agrees, declares and undertakes that he/she shall pay the damages and losses incurred by the SELLER due to the delayed performance of the debt.

  1. COMPETENT COURT

Complaints and objections in disputes arising out of this contract shall be referred to the arbitration committee for consumer problems or the consumer court at the place of settlement of the consumer or at the place where the consumer transaction is made within the monetary limits specified in the following law. The information about the monetary limits is as follows:

To be valid from 01/01/2020, in applications to be submitted to the arbitration committees for consumers problems in 2020:

  1. a) the disputes with a value less than 6,920 (six thousand nine hundred and twenty) Turkish Liras shall be referred to the District Arbitration Committee for Consumer Problems,
  2. b) the disputes with a value between 6,920 (six thousand nine hundred and twenty) Turkish Liras and 10,390 (ten thousand three hundred and ninety) Turkish Liras in the cities with metropolitan municipality status shall be referred to the Provincial Arbitration Committee for Consumer Problems,
  3. c) the disputes with a value less than 10,390 (ten thousand three hundred and ninety) Turkish Liras in the centers of the cities with no metropolitan municipality status shall be referred to the Provincial Arbitration Committee for Consumer Problems,
  4. d) the disputes with a value between 6,920 (six thousand nine hundred and twenty) Turkish Liras and 10,390 (ten thousand three hundred and ninety) Turkish Liras in the districts affiliated with the cities with no metropolitan municipality status shall be referred to the Provincial Arbitration Committee for Consumer Problems. For disputes with a value above these amounts, no application can be made to the arbitration committees for consumer problems. This Contract is for commercial purposes.
  5. ENTRY INTO FORCE

This contract consists of 14 (fourteen) main articles. The BUYER is deemed to have accepted all the terms of this contract when he/she has made the payment for the order he/she has placed through the Website. The SELLER is obliged to make and has already made the necessary software arrangements in order to obtain confirmation indicating that this contract has been read and accepted by the BUYER on the website prior to the placement of the order. 

SELLER:

BUYER:

DATE:

Prepared by  T-Soft E-Commerce.