Preliminary Information Form

Preliminary Information Form

KANARYA KASABI GIDA SANAYİ VE TİCARET A.Ş. – AGREEMENT PRELIMINARY INFORMATION

The subject of this Preliminary Information form is the provision of information in accordance with the Law on the Protection of Consumers and the Regulation on Distant Sales Agreement between the BUYER and the SELLER. You are entering a Distant Sales Agreement (“Agreement”) for the order you are placing at our electronic commerce website www.kanaryakasabi.com.tr. The BUYER will be able to follow the information regarding the preliminary information form and the distant sales agreement on "My Account" page, to which his/her membership is connected. He/she can also and change the information he/she provides about the order on this page. The preliminary information form and the distant sales agreement are recorded by www.kanaryakasabi.com.tr, and the BUYER can access these texts from "My Account" page any time. Below is our contact information:

Address:

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

Telephone:

0212 640 20 65

0539 267 00 00

Fax:

E-mail:

info@kanaryakasabi.com.tr

Central Registration System No:

495128949600001

Technical stages/steps concerning the purchase of products/services (''Product/Products'') subject to the order placed by you, our valuable CUSTOMER, on our website, and the carrying out of the order-Agreement, and the technical tools aimed at the identification - correction of errors which may occur when you enter your information (including those performed on the application on your mobile device) have been specified on the relevant pages where they allow you to perform actions according to the appearing warning messages. If there is an error in the information (data) entry regarding your order on the WEBSITE, you can proceed by making corrections in accordance with the relevant warning message you will see; you can also correct errors which may occur as you enter your payment information in the same way. You can contact us for data input errors you notice after the completion of the payment through our WhatsApp customer support service (0539 267 00 00) between 09:00-18:00 on weekdays.

When the BUYER confirms the Agreement, the cost and expenses of the Product(s) he/she ordered specified on this page will be received from him/her via the payment method of his/her choosing.

The products offered for sale on the website are products that are not suitable for return, disposable products, red and/or white meat which can quickly spoil, or products that are likely to expire, and products whose cold chain should not be broken. These products are goods and services where the right of withdrawal cannot be exercised under the Law, and they cannot be returned. By accepting this agreement, the BUYER agrees in advance that he/she has been informed about the right of withdrawal.

BUYER shall be able to cancel the order by contacting us through our WhatsApp customer support line (0539 267 00 00) through text message between 09:00 and 18:00 on weekdays within 1 day at the latest provided that the order has not been shipped. Applications through mail will not be taken into consideration. NO penalty or cargo cost will be applied to the BUYER for the cancelled orders. However, the order cannot be cancelled if it has been shipped.

If the SELLER fails to fulfill its obligations within the scope of the agreement in the event that it becomes impossible to deliver the ordered product or service, the SELLER accepts, it represents and undertakes to inform the consumer of this situation in writing within 3 days as of the date it becomes aware of this situation, and return the total price to the BUYER within 14 days. In credit card sales, the time in which the bank will return the money to the BUYER’s account is the bank’s responsibility, and the BUYER shall not be held responsible regarding this matter.

In the event of legal withdrawal and other cancellations of order/Agreement, our company also reserves contractual and legal rights/obligations from the BUYER including collection/setting off rights which also apply to monetary values of every kind of reward points, etc. won by the Buyer on the WEBSITE and/or which are used for discount, etc. during the payment of the price of Product.

The BUYER shall be responsible for all losses and damages occurring through the delivery of the product to the consumer or to a third party (other than the carrier) to be determined by the consumer. If the BUYER requests that the product be sent via another carrier other than the one determined by the SELLER, the SELLER shall not be responsible for the losses or damages occurring from the delivery of the product to the said carrier.

Current rules/terms valid for our Company and the BUYER regarding transaction security, protection, confidentiality and processing/use of data, commercial electronic communications on the INTERNET SITE are presented below for your information. The BUYER can contact and consult our Company about these matters through the contact media specified any time.

Our Company is a member of Istanbul Chamber of Commerce (ITO). You can learn more about the professional codes of conduct is at www.ito.org.tr or from 444 0 486.

As the Agreement will be sent to your e-mail address together with your order confirmation after you confirm and agree to the information above and below and the Agreement on the WEBSITE, you can save and access the Agreement in your device any time. Moreover, we will store them in our Company’s systems for a period of maximum 6 months within the framework of related Laws.

The CONSUMER may sent his/her requests and complaints regarding the delivery of the completed and paid orders, the performance of the agreement, or the payment to the SELLER’s e-mail address (info@kanaryakasabi.com.tr) or to Kocatepe Mah. Gümrük İskelesi Cad. Mega Center A Blok No:89/897 Bayrampaşa/Istanbul by mail. Requests and complaints received by the SELLER shall be replied within seven (7) days following their receipt by e-mail, or otherwise by telephone during working hours on weekdays

The CONSUMER who signed this Preliminary Information Form or approved it to be deemed signed; is deemed to have been aware of all the conditions, informed and accepted the specified information and rules.

SELLER

TITLE

KANARYA KASABI GIDA SANAYİ VE TİCARET ANONİM ŞİRKETİ

Central Registration System No:

495128949600001

Address

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

Telephone

0212 640 20 65
0539 267 00 00
Fax

0212 640 20 47 

E-mail

info@kanaryakasabi.com.tr

BUYER (CONSUMER)

Name – Last Name / Title

Address:

Telephone:

PRODUCT SUBJECT TO THE ORDER-AGREEMENT, ITS PRICE, PAYMENT AND DELIVERY CONDITIONS

Type and Kind, Amount, Brand/Model/Color, Unit Price(s), Sale Price and Payment (collection) Information and Delivery Information of Products (goods/services), including the delivery location the BUYER specified are as follows. (The required notification will be sent to the BUYER regarding this issue through e-mail/mail, SMS or telephone). Other rules regarding delivery are as follows.

PRODUCT

UNIT PRICE PIECE TOTAL (TRY)

Order transaction and shipment/cargo fees

ORDER PAYMENT TOTAL (VAT INCLUDED)

Payment (collection) information

Payment method/means: bank name information / single payment / TRY xx.xx

Teslimat Bilgileri:

Delivery Information

Name, Last Name / Title:

Address:

Telephone: (xxx) xxx xx xx - (xxx) xxx xx xx

E-mail:

Invoice Information:

Name, Last Name / Title:

Address:

Telephone: (xxx) xxx xx xx - (xxx) xxx xx xx

E-Mail:

The Product subject to the order shall be delivered to the BUYER/to the third party/organization at the address above the BUYER specified according to the basics specified below provided that the legal 30-day period is not exceeded.

The SELLER shall take all necessary precautions during the processing, packaging and distribution of the meat. Products are delivered with special refrigerated vehicles. Necessary information on delivery shall be sent to your e-mail address in our system after the order is placed. Furthermore, there is detailed information about the delivery at www.kanaryakasabi.com.tr.

The products in stock are delivered to the cargo within 72 hours at most from the date of the order. The delivery vehicles deliver the cargo received from the SELLER to the BUYER the next day under normal circumstances, although this depends on the distance.

In general and unless specified otherwise, delivery expenses (cargo fees, etc.) shall be borne by the BUYER. Depending on the campaigns it conducts at the time of the sale and whose conditions are announced on the WEBSITE, the SELLER may not reflect any or some part of the delivery expenses in question to the BUYER.

In the event the BUYER is not personally present at his/her address at the time of the delivery, and that persons at the address do not accept the delivery, the SELLER will be deemed to have fulfilled its obligation regarding this matter. It is the responsibility of the BUYER to track and ensure the shipment of the goods by contacting the SELLER in the event that there is no one at the address to receive the delivery. If the Product is to be delivered to a person/organization other than the BUYER, the SELLER shall not be held responsible for the fact that this person/organization is not present at the address or that he/it does not accept the delivery. In such cases, all damages resulting from the fact that the BUYER received the Product later, and the expenses resulting from the fact that the Product had to wait undelivered, and/or the fact that cargo has been returned to the SELLER also shall be borne by the BUYER.

The person to receive the Product is obligated to check the delivery at the moment he/she receives it, and to not accept the Product if he/she identifies a problem in it caused by the delivery, and to have a statement taken. Otherwise, the SELLER shall not accept any responsibility.

The BUYER has to have paid the sales price entirely before receiving the Product, including expenses. In the event the sales price has not been paid to the SELLER in its entirety before the delivery in cash sales, or that the installation due has not been paid in sale by installments, the SELLER may cancel the agreement unilaterally and may not deliver the Product.

In the event the Bank/financial organization who issued the credit card used in transaction does not pay the price of the Product to the SELLER for any reason after the delivery of the Product, or request the reimbursement of the amount paid, the BUYER shall pay the price of the Product to the SELLER within the same day. Otherwise and under any circumstances, the SELLER reserves the contractual/legal rights with regards to its receivable, including execution proceedings.

For the avoidance of doubt, it should be stated that when the BUYER pays the sales price through credit cards, installment cards, etc. received from banks (including financial organizations), all opportunities offered by such cards are loan and/or installment opportunities provided directly by the issuer of the cards; Product sales occurring within this framework where the SELLER collects the price in lump sum or step by step are not credit or in installment sales but cash sales for the parties of this Agreement. Legal rights of the SELLER in circumstances that are regarded sale in installments legally (including the right to cancel the agreement in the case of nonpayment of installments and/or the right to request the payment of the remaining debts together with the default interest) shall be available and reserved within the framework of relevant legislation. In case the BUYER defaults, monthly default interest shall be applied as foreseen in the laws in effect.

In the event that the delivery does not occur within the period specified due to extraordinary conditions outside normal sales/delivery conditions (such as adverse weather conditions, intense traffic, earthquake, flood, fires), the SELLER shall inform the BUYER about the delivery by contacting him/her through his/her available contact information. In this case, the BUYER may cancel the order, order a similar product, or wait until the extraordinary condition ends.

In the event that it is understood that the SELLER will not be able to supply the Product subject to the Agreement, it may expressly notify the BUYER thereof through the same channels, supply another product/service with equal quality/cost provided that it obtains BUYER’s verbal/written confirmation, in which case it will be deemed to have fulfilled its obligation under the Agreement in this way. The BUYER is free in every way in confirming or not confirming regarding this matter, and if he/she refuses to confirm, contractual/legal provisions regarding the cancellation of the order (cancellation of the Agreement) shall be applied.

SECURITY/CONFIDENTIALITY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL PROPERTY RIGHTS RULES

The confidentiality rules/policy and terms whose current principles are stated below shall apply regarding the protection, confidentiality, processing and use usage of data on the WEBSITE and communications and other matters.

Measures necessary for the security of information provided and transactions performed by the BUYER on the WEBSITE have been taken by the SELLER on the SELLER’s system infrastructure according to the nature of information and transactions in line with current technical means. However, since the said information is entered from the BUYER’s device, it is the BUYER’s responsibility to take necessary precautions, including the installation of anti-virus and similar software against harmful applications, to ensure the protection of this information and the prevention of unauthorized persons’ access.

In addition to and in witness of the personal data and commercial electronic communications the BUYER provides in various forms, the information obtained during the BUYER’s membership to the WEBSITE and his/her shopping activities may be recorded, stored in printed/magnetic archives, updated, shared, transferred, used and processed with various methods when deemed necessary indefinitely or for a period to be specified by the SELLER, the xx A.Ş. which it is a part of, its existing and future subsidiaries, affiliates, partners, successors and/or third parties/organizations to be determined by them for electronic and other commercial-social communications to be carried out in relation to the provision of various products/services and all kinds of information, communication, advertising, promotion, sales, marketing, store card, credit card and membership applications. It may also communicate such data to relevant Authorities and Courts when required by law. The BUYER agrees and permits that its existing and new information be used, shared, processed, and commercial or noncommercial communications and other communications be sent to him/her in accordance with the protection of personal data laws and electronic commerce legislation.

The BUYER may reach the SELLER through the specified communication channels or exercise the right of disclaim in the electronic communications sent to him/her and request the cessation of data usage/processing and / or communications at any time. According to the BUYER's explicit notification on this matter, personal data transactions and / or communications to its party are suspended within the legal maximum period; In addition, if he / she wishes, his / her information other than legally required and / or possible shall be deleted from the data recording system or made anonymous in an anonymous way. If the BUYER wishes, the transactions related to the processing of personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect information, notification of the corrected information to the relevant third parties, deletion or destruction of the data, objection to the occurrence of a result against him by automatic systems, the data is against the law. In case of damage due to processing, the BUYER can always apply to the SELLER and get information. The applications and requests regarding these matters will be carried out within the maximum period stipulated in the legislation, or they will be rejected by notifying the legal reason to the BUYER.

Regarding all kinds of information and content of the WEBSITE and their arrangement, revision and partial / full usage; except for those belonging to other third parties according to the agreement of the SELLER; all intellectual and industrial rights and property rights belong to the SELLER.

The SELLER reserves the right to make all kinds of changes regarding the issues above it deems necessary or that are required by law; these changes will become effective the moment they are announced on the WEBSITE or through other appropriate methods by the SELLER.

On other sites accessed through the WEBSITE, their privacy-security policies and terms of use apply, and the SELLER is not responsible for any disputes and negative consequences that may occur.

DİĞER BAZI HUSUSLAR

In case of order cancellation or termination of the Agreement, if the Product price has been collected, the price will be returned to the BUYER in 14 days at the latest through the appropriate method with which he/she paid the price of Product. For example, if the payment was made through credit card, the return procedure of the payment will be carried out by return the money to the credit card of the BUYER, and Product price will be returned to the relevant bank within the same period after the order is cancelled by the BUYER; after this amount is returned to the bank by the SELLER, its arrival at the BUYER’s accounts depends entirely on the bank’s transaction process; therefore, the SELLER will not be responsible for any possible delays resulting from such reasons outside its control (banks’ reflecting the returned money to the BUYER’s account may generally take three weeks).

The SELLER has and reserves the rights of setting off, discount and reduction in relation to the amount to be returned to the BUYER arising from the Agreement and the laws. In cases where the Agreement is terminated by the BUYER due to SELLER’s failure to perform the Agreement, the BUYER reserves his/her legal rights.

The BUYER may notify his/her requests and complaints about the Product and sale to the SELLER verbally or in writing by contacting it through the communication channels stated above. The SELLER will gladly respond to all justified requests/complaints and all kinds of applications of our BUYER customers.

Consumer Arbitration Committees and Consumer Courts at the location where the BUYER purchases the Goods or the Service and the place of residence are authorized in the implementation of this Preliminary Information and in the resolution of the disputes arising under this agreement. District / provincial consumer arbitration committees are authorized for consumer demands in line with the lower and upper limits specified in paragraph 1 of Article 68 of the Law No. 6502 on the Protection of Consumers.

With this Preliminary Information which will constitute an integral part of the Distant Sales Agreement upon his/her approval, the Buyer has been informed regarding all issues including the basic features of the Product/Products subject to the sale, sales price, method of payment, delivery procedures and right of withdrawal and personal information/electronic communication.

All explanations and information in this Order/Agreement Preliminary Information are valid the moment the BUYER confirms them on the WEBSITE; if the BUYER accepts them, they will be applied in a binding manner between the SELLER and the BUYER together with Distant Sales Agreement.

The information above has been provided for commercial purposes according to distant communication means and within the framework of goodwill in a manner that will protect the underage and adults who lack or have limited mental competence.

Prepared by  T-Soft E-Commerce.