ARTICLE 1- PARTIES
1.1. Seller Information:
Title: GEMTAŞ ZEYTİNCİLİK KONSERVE VE GIDA SAN. TRADE. LTD. STI
Address: MARZİM - Marmara Olive Operations Center, Block C, No: 5-6 Orhangazi / Bursa
1.2. Receiver informations:
The BUYER is the natural or legal person who purchases products from the internet address of www.gemicizeytin.com within the framework of the provisions of this contract. The address and contact information used by the BUYER when purchasing the product are taken as basis.
ARTICLE 2- SUBJECT
The subject of this contract is the price, features, etc., electronically from the BUYER's website at www.gemicizeytin.com belonging to the SELLER. It consists of determining the mutual rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of the Consumer and the Regulation on the Implementation Procedures and Principles of Distance Contracts in force (referred to as the "Regulation") regarding the sale and delivery of the product, of which the qualifications and sales price are specified below, by examining the information of the customer.
ARTICLE 3- CONTRACTUAL PRODUCT, PAYMENT AND DELIVERY CONDITIONS
3.1.- The type and type, quantity, brand/model, color, sales price including taxes (as pieces x unit price) of the products are as follows.
Product Name Model Unit Sale Price …………..,,,,,,,,TL (total including VAT)
3.2. Payment Method: It is made to the specified account via wire transfer / EFT or online payment is made by credit card.
The BUYER accepts and undertakes that he has read and accepted this procedure.
3.4. Delivery Type and Address:
Delivery address : ……/ ……/
Turkey Delivery Person: ……………….
Billing address : ……/ ……/
The delivery will be made by the SELLER by cargo and/or shipping to the BUYER's address specified above. Even if the BUYER is not present at the time of delivery, the SELLER shall be deemed to have fulfilled the delivery completely and completely. For this reason, all kinds of damages arising from the late delivery of the product by the BUYER and the expenses incurred due to the product waiting in the cargo company and / or the return of the cargo to the SELLER belong to the BUYER.
Cargo/shipping fee is from the contracted cargo company's tariff, this amount is added to the total amount of the order and paid by the BUYER. It is not included in the product price.
ARTICLE 4- GENERAL PROVISIONS
4.1- The BUYER, on the www.gemicizeytin.com website, declares that he has read and is informed about the basic characteristics, sales price, payment method, delivery and all the preliminary information within the scope of Article 5 of the Regulation, of the product and/or products that are the subject of the contract specified in Article 3 expressly declares that it has given the confirmation.
4.2- The product and/or products subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated within the period specified in the preliminary information on the website, depending on the distance of the BUYER's residence for each product, provided that it does not exceed the legal 30-day period. This period can be extended for a maximum of 10 days, provided that the BUYER is notified beforehand.
4.3- If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.
4.4- The SELLER is responsible for the delivery of the contracted product in a sound, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals.
4.5- For the delivery of the product subject to the contract, it is obligatory that this contract, which is concluded in the electronic environment, has been confirmed by the BUYER in the electronic environment and the price has been paid in the form of payment preferred by the BUYER. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.
4.6- The SELLER may supply a different product with equal quality and price, by informing the BUYER and by obtaining his explicit approval, before the contractual performance obligation expires.
ARTICLE 5- RIGHT OF WITHDRAWAL
The BUYER has the right to return the product as received by giving up the purchase without using, destroying/destroying the product within 7 (seven) days from the delivery of the product subject to the contract to himself or the person/organization at the address indicated. In order to exercise the right of withdrawal, the SELLER must be notified by fax or e-mail within this period and the original packaging of the product must be unopened / intact and unused. Returns of products whose original box/packaging has been damaged, have lost their resaleability feature and cannot be purchased by another customer are not accepted. Products sent in this way will not be accepted by the SELLER and no refund will be made.
In addition, the right of withdrawal cannot be used for products that cannot be returned due to their nature (except in cases where the product is defective or defective, products that may pose a health hazard after opening or products whose expiration date has passed.
In addition, the consumer cannot use the right of withdrawal for the goods produced in accordance with the special requests and demands of the consumer or made personal by making changes or additions.
In order to exercise the right of withdrawal, the SELLER must be notified by registered mail, fax or e-mail within 7 days and the product must not be used in accordance with the provisions of Article 6. If this right is exercised,
a) The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued)
b) Return form,
c) The products to be returned must be delivered in a complete and undamaged box and package.
d) The SELLER is obliged to return the total price and the documents that put the buyer under debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notification and to return the goods within 20 days.
If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned. Due to the use of the right of withdrawal arising from the law, the shipping cost of the returned product is covered by the SELLER.
ARTICLE 6- SELLER'S RECORDS
The Buyer accepts in advance the validity of the Seller's records, that in any dispute between the Seller and the Seller, all kinds of records, documents and books, all kinds of computer and sound recordings, microfilms and microfiches of the Seller will be the sole and definitive evidence and will be binding, It accepts that there is a contract of evidence under Article 193.
ARTICLE 7- PROVISIONS OF DEFAULT
In the event that the parties fail to fulfill their obligations under this contract, the provisions of the Turkish Code of Obligations on the Default of the Borrower shall apply. In cases of default, if any party fails to fulfill its obligations without a justifiable reason, the other party will give the non-performing party a period of 7 days for the performance of the said act. In the event that it is fulfilled within this period, the party that does not fulfill its performance will be deemed to be in default and the creditor has the right to demand the delivery of the goods, and/or the termination of the contract and the refund of the price by demanding the performance of the performance.
Pursuant to Article 9(2) of the Regulation, the SELLER undertakes to notify the BUYER before the expiry of the contractual performance obligation, if the SELLER cannot fulfill its contractual obligations in cases where it becomes impossible to fulfill the goods or services subject to the order. In this case, the SELLER has the right to terminate the contract immediately and undertakes to return the price paid by the BUYER for the product ordered or, if any, all documents that put him under debt within 10 (ten) days at the latest.
However, if it is understood that the goods or services subject to the contract cannot be supplied for a justifiable reason, the SELLER shall comply with the Regulation 9(3). In accordance with the regulation in the article, it may supply and deliver another good or service of equal quality and price, provided that it informs the BUYER in a clear and understandable way and obtains its approval. If the SELLER cannot deliver the product subject to the contract in due time due to force majeure or extraordinary events such as weather conditions that prevent transportation, interruption of transportation, fire, earthquake, flood, the BUYER has no responsibility in such cases, the SELLER is not responsible for the order. may exercise one of the rights to cancel it or to delay the delivery period until the blocking situation disappears. If the BUYER cancels the order, the amount paid is paid to him within 10 days.
ARTICLE 8- SETTLEMENT OF DISPUTES
In the implementation of this contract, the BUYER can make applications regarding the complaints and objections regarding the products, within the monetary limits determined by the Ministry in December every year, to the arbitral tribunal or the consumer court for consumer problems in the place where the product is purchased or where the residence is located. In disputes below this monetary limit, the decisions to be made by the Consumer Arbitration Committee are binding on the parties and are carried out in accordance with the provisions of the Enforcement and Bankruptcy Law on the execution of the writs. Bursa Consumer Courts are authorized for disputes over this monetary limit. In case the order is approved, the BUYER is deemed to have accepted all the terms of this contract.