GOURMET GROCERY DISTANCE SALES AGREEMENT
1. PARTIES TO THE AGREEMENT
A. SELLER
Title : Bosa Gurme Gıda Dış Ticaret Ltd.Şti.
Address : Mahmutpaşa Mah. Dağıstan Sok. No: 8/B 41140 Başiskele/Kocaeli
Telephone : +90 262 325 77 41
E-mail : info@bosagurme.com
Tax Number : Tepecik Vergi Dairesi-1801078398
BUYER* :
Name/Surname: {NAME SURNAME}
Address: {ADDRESS}
Phone: {PHONE}
*https://www.gourmetbakkal.com/This refers to any natural or legal person who places an order through the website and acts for non-commercial or non-professional purposes.
2. SUBJECT OF THE AGREEMENT
The subject of this agreement www.gourmetbakkal.com This agreement defines the rights and obligations of the parties in relation to the sale and delivery of the product(s) whose basic characteristics and sales price are specified below, sold by the SELLER through the website, in accordance with Law No. 6502 on the Protection of Consumers, the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014 and numbered 29188, and the Regulation Amending the Regulation on Distance Contracts published in the Official Gazette dated 23.08.2022 and numbered 31932.
3. BASIC CHARACTERISTICS AND DELIVERY TERMS OF THE PRODUCT SUBJECT TO THE AGREEMENT
The type, quantity, brand/model, color, number of units, selling price, and payment method of the product(s) are listed below:
PRODUCT NAME: {PRODUCT NAME}
ORDER QUANTITY: {ORDER QUANTITY}
SALES PRICE: {SALES PRICE}-TL (VAT included)
SHIPPING COST: {SHIPPING COST}-TL
TAXES INCLUDED
TOTAL AMOUNT: {TOTAL AMOUNT TO BE PAID}-TL
PAYMENT METHOD: {Example: One-time payment with credit card}
DELIVERY ADDRESS: {DELIVERY ADDRESS}
DELIVERY PERSON: {DELIVERY PERSON}
BILLING ADDRESS: {BILLING ADDRESS}
Detailed information regarding the product, such as storage conditions, nutritional information, allergen warnings, care instructions, and warranty period, can be found on the relevant product page on our website, depending on the product type.
4. GENERAL PROVISIONS:
4.1. The BUYER shall, prior to the conclusion of this agreement, obtain from the SELLER a PRELIMINARY INFORMATION FORM which contains all preliminary information regarding the product subject to sale, including its essential characteristics, sales price including VAT, payment method, delivery, etc. www.gourmetbakkal.com/ The customer acknowledges and confirms that they have read and are informed about the information on the website at the address provided, and that they have purchased the product subject to this contract electronically after electronically approving the relevant PRE-INFORMATION FORM.
4.2. The SELLER is obligated to deliver the goods to the consumer in accordance with the sales contract. The product(s) subject to this contract will be delivered to the person/entity at the address provided by the BUYER, within the delivery period specified in the pre-information form and on the website under the delivery and return section, depending on the distance of the BUYER's delivery address from the SELLER, provided that the BUYER reserves the right to request delivery of the product within a period not exceeding 30 days as stated in the Regulation on Distance Contracts.
4.3. The SELLER shall be deemed to have duly fulfilled its delivery obligation upon delivery to the BUYER, to the person designated as the recipient by the BUYER in the delivery form above, or to the person present at the delivery address at the time of delivery. If the product(s) subject to this contract are to be delivered to a person or entity other than the BUYER, the SELLER shall not be held responsible if the recipient refuses delivery. Furthermore, the BUYER declares that they will accept delivery made to the address they provided and to the person present at that address at the time of delivery as having been made to them.
4.4. If the SELLER is unable to deliver the product within the specified time due to stock depletion or similar commercial impossibilities, unforeseen circumstances, force majeure, or extraordinary situations such as adverse weather conditions or interruptions in transportation, the SELLER is obligated to inform the BUYER of the situation. In this case, the BUYER may choose to cancel the order, replace the product with an equivalent if available, and/or postpone the delivery until the hindering situation is resolved.
4.5. If, after delivery of the product, the buyer's credit card is used fraudulently or illegally by unauthorized persons due to no fault of the buyer, and the relevant bank or financial institution fails to pay the seller the product price, the buyer is obligated to return the product to the seller within 3 days, provided that the product has been delivered to the buyer.
4.6. Defective goods are products that, at the time of delivery to the consumer, are in breach of contract because they do not conform to the sample or model agreed upon by the parties, or because they do not possess the characteristics they should objectively have. Products that lack one or more of the characteristics stated on their packaging, label, instruction manual, internet portal, or in advertisements and announcements; that are contrary to the quality declared by the SELLER or determined in the technical regulation; that do not fulfill the intended purpose of comparable goods; or that contain material, legal, or economic deficiencies that reduce or eliminate the benefits that the consumer can reasonably expect are also considered defective.
4.7. he BUYER must inspect the product upon delivery from the carrier to the BUYER. If a visible defect is found in the product, it should not be accepted and should be returned to the SELLER; otherwise, the product will be deemed accepted as is. If a defect is found that could not be discovered through a normal inspection, and this defect is discovered later, the SELLER must be notified immediately; otherwise, the product will be deemed accepted with this defect.
4.8. If the payment is made by credit card or similar payment card, the BUYER may request the cancellation of the payment transaction on the grounds that the card was used unlawfully and without their consent. In this case, the card issuing institution will refund the payment amount to the BUYER within 10 days of being notified of the objection.
4.9. If the BUYER has a complaint regarding their order and/or the product subject to the order and/or any matter related to the order, they may submit their complaint using the contact information or www.gourmetbakkal.com The buyer may submit their complaints to the seller via the contact information provided on the website. Complaints submitted by the buyer will be immediately recorded, evaluated by the relevant authorities, and a response will be provided to the buyer as soon as possible.
4.10. All taxes arising from the sale of the product, including VAT, are the responsibility of the BUYER.
5. RIGHT OF WITHDRAWAL
5.1. The BUYER has the right to withdraw from the contract within fourteen days without giving any reason and without paying any penalty. This period begins on the day the product is delivered to the BUYER or to the person designated by the BUYER to receive it. The terms and conditions in the PRE-INFORMATION FORM apply to the withdrawal notification process. The BUYER shall send the product to the address provided by the SELLER within fourteen days from the date of notification of the exercise of the right of withdrawal. If the right of withdrawal is exercised before delivery of the goods, the SELLER is obliged to refund all payments received, including any delivery costs to the BUYER, within fourteen days from the date the notification of the exercise of the right of withdrawal is received.
5.2. Exceptions to the right of withdrawal
The right of withdrawal cannot be exercised when purchasing the following goods or services:
5.2.1. Goods or services whose price varies depending on fluctuations in financial markets and is beyond the control of the seller or supplier,
5.2.2. Goods prepared in accordance with the consumer's wishes or personal needs,
5.2.3. Perishable goods or goods that may expire,
5.2.4. Goods whose protective elements such as packaging, tape, seal, or wrapping have been opened after delivery, and whose return is not suitable for health and hygiene reasons,
5.2.5. Goods that become mixed with other products after delivery and are inherently impossible to separate,
5.2.6. This applies to books, digital content, and computer consumables presented in a physical medium, if the protective elements such as packaging, tape, seal, or wrapping have been opened after delivery of the goods.
5.2.7. Services that have begun to be performed with the consumer's consent before the expiration of the withdrawal period,
5.2.8. Goods for which installation or assembly is specified in the instruction and user manual as being carried out by the seller or authorized service center.
THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED FOR FOOD PRODUCTS. BECAUSE OUR COFFEE AND CONFECTIONERY CATEGORY PRODUCTS ARE PERISHABLE OR MAY EXPIRE QUICKLY, THE BUYER DOES NOT HAVE THE RIGHT OF WITHDRAWAL.
5.3. Method of Exercising the Right of Withdrawal
The product must be sent to the address provided by the SELLER within fourteen days of the date of notification of withdrawal. Otherwise, your right of withdrawal will expire.
The method for exercising the right of withdrawal is specified in the PRE-INFORMATION FORM. Returns made only via the shipping company designated by the SELLER are free of charge. The BUYER must ensure that the returned products meet the return conditions. The returned shipment must include the product, invoice, packaging, and labels.
6. PROTECTION OF PERSONAL DATA
6.1.Seller's privacy policy www.gourmetbakkal.com The information is located on the website and the SELLER has obtained it on the website and related system infrastructure to the extent of current technical capabilities, according to the nature of the information and transaction. However, since this information is entered from the BUYER's device, the responsibility for taking necessary precautions to protect it and prevent unauthorized access, including those related to viruses and similar harmful applications, rests with the BUYER.
6.2. In accordance with this Distance Sales Agreement, the BUYER's personal information (name, surname), contact information, address information, billing information, and customer transaction information will be processed by the SELLER and the SELLER's suppliers (e.g., shipping company) within the scope of the performance of the contract. The BUYER, as the data subject under the Law No. 6698 on the Protection of Personal Data, must first apply to the SELLER, who is the data controller, to exercise their rights regarding their personal data. The BUYER, as the data subject, has the following rights: The BUYER has the right to learn whether their personal data is being processed, to request information regarding the processing of their personal data if it has been processed, to learn the purpose of the processing of their personal data and whether it is being used in accordance with its purpose, to know the third parties to whom their personal data has been transferred domestically or abroad, to request the correction of their personal data if it is incomplete or inaccurate, to request the deletion or destruction of their personal data if the reasons requiring its processing cease to exist, to object to a result that is detrimental to them arising from the analysis of processed data exclusively through automated systems, and to demand compensation for damages if they suffer damage due to the unlawful processing of their personal data. The BUYER, as the data subject, may exercise these rights by applying to the SELLER's address specified in the contract. The BUYER's information regarding these rights was provided before the approval of the Distance Sales Contract, and the BUYER acknowledges that they have read the relevant information text.
6.3.If the BUYER requests delivery of the product to a third party, the obligation to inform the SELLER regarding the sharing of the third party's data rests with the BUYER. The BUYER acknowledges and undertakes that they have provided the necessary information, and the SELLER accepts no responsibility in this regard.
- DISPUTE
In case of a dispute between the parties, mutual discussion and good faith are paramount. Mediation also aims to resolve the dispute through positive relations.
In disputes arising from distance selling contracts, the Consumer Arbitration Boards and Consumer Courts located at the Seller's legal address, the Buyer's domicile, or the place where the service was purchased, are authorized, in accordance with the monetary limits determined annually in December by the Ministry of Customs and Trade pursuant to Law No. 6502 on Consumer Protection. In disputes heard in consumer courts, recourse to mediation before filing a lawsuit is a prerequisite. Therefore, it is necessary to resort to mediation before filing a lawsuit.
- OTHER MATTERS AND EFFECTIVE DATE
8.1. The BUYER can access the PRELIMINARY INFORMATION FORM and this DISTANCE SALES AGREEMENT at any time via the SELLER's website. These documents will also be sent to the BUYER by email by the SELLER upon order placement.
8.2. In matters not regulated in this contract, the provisions of Law No. 6052 on Consumer Protection shall apply.
8.3. This Agreement is entered into by the BUYER www.gourmetbakkal.com This agreement will become effective and binding from the moment payment is confirmed at the internet address. This agreement has been read and accepted by the parties electronically.
SALES PERSON BUYER