DISTANCE SALES POLICY

 

 

ARTICLE 1- PARTIES

 

1.1- SELLER:

Title : Gourmet Aksesuar Gıda E-ticaret Limited Şirketi who is the owner of the website Baqqalia.com.
Address : Prof. Dr. Ahmet Taner Kışlalı Mah. 2873 Cad. Ulucan Sitesi Blok No: 3 A İç Kapı No: 10 Çankaya/Ankara
Telephone :0536 239 44 95
Fax :-
E-mail:[email protected]

 

1.2- BUYER/CONSUMER

Name/Surname/Title: XXXXXXX
Address: XXXXXXX
Telephone: XXXXXXX
E-mail: XXXXXXX
 

ARTICLE 2-SUBJECT

This Agreement sets forth and determines the respective rights and obligations of the Parties with respect to the sales and delivery of the goods/services ordered by the Consumer through the website www.baqqalia.com which belongs to the Seller. The sales is made via electronic channels. Relevant articles of Law No. 6502 on Consumer Protection and law No. 29188 on Regulation on Distance Contracts prevail. The Consumer agrees to and acknowledges that under the provisions of this Agreement that he/she is informed about the basic specifications of the products/services, their selling price, form of payment, terms of shipment, delivery, customs and other relevant information.

 

ARTICLE 3- PRODUCTS SUBJECT TO THIS SALES AGREEMENT

Date : XXXX

(Product Name, Quantity and Total Amount shall be listed herewith.) 
XXXXX

The type, quantity, brand/model color of the products are as stated above.
 
Payment type: XXXXX
Shipping address: XXXXX
With Credit Card total payment of $XXXXX shall be paid by the BUYER to the SELLER.

 

ARTICLE 4- GENERAL PROVISIONS
 
4.1- The BUYER declares that at Baqqalia.com website, he/she has read and learned the preliminary information about the basic characteristics, sales price, payment method and delivery of the product subject to the contract and has given the necessary confirmation in electronic environment.
4.2- The product subject to this agreement 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 loacation of the shipping address.
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 products subject to this agreement in a solid, complete manner, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.
4.5- Delivery expenses are on account of the BUYER unless the SELLER has notified the BUYER clearly on its website and/or during the execution of the order that it assumes the delivery charge for the shipping. Seller will ensure that the delivery is made within shortest possible notice if stocks are available and the price with respect to the order are credited to the account of the Seller. The SELLER agrees that it is responsible from delivering the goods/services within 30 (thirty) business days from the date of order and keeps all rights reserved to extend the delivery duration for additional 10 (ten) business days by serving a notice to the BUYER in writing through e-mail to that effect. If the charge for the goods/services is failed to be paid for any reason whatsoever, the SELLER is then released from its obligation for delivery of such goods/services.
4.6- For the delivery of the product subject to this contract, the signed/electronic copy of this contract shall be delivered to the SELLER and the price must be 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.
4.7- SELLER will ship the products once the BUYER makes the full payment for an order. All shipments are to be delivered to the address provided by the Consumer. Any issues related to the Customs, including paperwork, issues related to inspection, as well as payments related to the Customs at the country/Customs zone where the Consumer resides is the responsibility of the BUYER and SELLER cannot be held responsible for any issue related to the Customs.
4.8- If the relevant bank or financial institution fails to pay the product price to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons, the SELLER shall be deemed to be relieved of its obligation to deliver the product.
4.9- If the SELLER cannot deliver the product subject to the contract in due time due to force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, the SELLER is obliged to notify the BUYER of the situation. In this case, is the products are not shipped yet, the BUYER may use one of the rights to cancel the order. If the BUYER cancels the order, the amount paid will be paid back to him/her with the same payment type or as cash coupons that will be acceptable to the BUYER and in full within 10 days.
4.10- Defective or damaged products, which are products sold with a warranty certificate, can be sent to the SELLER for the necessary repair within the warranty conditions, in which case the shipping costs will be covered by the BUYER.

 

ARTICLE 5- RIGHT OF WITHDRAWAL

Pursuant to the relevant provisions of Consumer Protection Law no 6502 and Distance Contracts Directive, in distance contracts for the sale of goods, the Consumer has the right to withdraw within 14 (fourteen) days of receipt without demonstrating any excuse and paying any penalty. However, the consumer may use his right of withdrawal from the establishment of this Agreement until the shipment of the goods. It is sufficient to notify the Seller of the exercise of the right of withdrawal in writing through e-mail. Consumer’s right of withdrawal shall not apply if the goods prepared in accordance with the request and personal needs of the customer, if the relevant goods’ expiry date is short, if the goods which are mixed with other goods and impossible to separate, if the order includes books, periodical publications such as journals and magazines, if the order includes foods and beverages, if the order includes goods and services prices of which are changing depending on the fluctuations in the financial markets and out of the control of the Seller, and if the order is shipped and/or customs clearance in Turkey is finalised. In the event the Consumer is at default in the transactions made by credit card, it shall be paying interest within scope of the credit card agreement it has made and entered into with the bank, and be held responsible towards the bank. Under these circumstances, the relevant bank is entitled to seek recourse in legal channels, might claim from the Consumer any expenses to arise as well as the Attorneys’ Fees, and in any case, if the Consumer is in default on grounds of its debts, the Consumer agrees to pay the loss and damage suffered by the Seller due to delayed execution of the debt.

 

5.2- Products that cannot be used with the right of withdrawal:
a) Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the seller or supplier.
b) Contracts for goods prepared in line with the wishes or personal needs of the consumer.
c) Contracts for the delivery of perishable or expired goods.
d) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is unsuitable in terms of health and hygiene.
e) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
f) Contracts for books, digital content and computer consumables, data recording and data storage devices offered in material media, in case the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
g) Contracts for the delivery of periodicals such as newspapers and magazines, excluding those provided under the subscription contract.
h) Contracts for accommodation, transportation of goods, car rental, food and beverage supply and the use of leisure time for entertainment or rest, which must be made on a certain date or period. i) Contracts regarding services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer.
j) Contracts regarding services that are started to be performed with the approval of the consumer, before the expiry of the right of withdrawal.
In order to return cosmetics and personal care products, underwear products, swimwear, bikinis, books, reproducible software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, tape, etc.), their packages are unopened, untested, intact. and they must be unused.

 

ARTICLE 6- PRESENTATIONS AND WARRANTIES OF THE CONSUMER

The consumer declares, accepts and undertakes that he/she has read all the conditions and explanations written in this Contract and the Order Form constituting its integral part, has received, examined and accepted the sales terms and all other preliminary information. The Consumer is considered that he/she has inspected the goods/services that constitute subject matter of this Agreement prior to taking on delivery. He/she shall not take on delivery of crushed, broken, damaged package, and similar damaged/imperfect goods/services from the cargo company. Consumer accepts that any goods/services taken on delivery are without damage and in good condition. To keep and maintain the goods/services diligently after delivery of those goods/services is the responsibility of the Consumer and Seller under no circumstances can be deemed responsible. If the right to withdrawal is to be exercised, then the goods/services should not be used and the goods/services and the relevant invoice shall be returned to the Consumer at the expense of the Seller. In the event after the delivery of such goods/services, the relevant bank or finance entity refrains from paying the charge for the goods/services to the Consumer on grounds of usage of the credit card belonging to the Consumer by unauthorised parties in a manner that is not arising from any fault on part of the Consumer, the Consumer is obliged to send the goods/services to the Seller within 3 (Three) days, provided they were already delivered to its side. Whenever the case is as such, delivery costs are on account of the Consumer.

 

ARTICLE 7- PRESENTATIONS AND WARRANTIES OF THE SELLER

The Seller is responsible from delivery of the goods/services that constitute subject matter of the Agreement, in compliance with the specifications indicated on the order, and together with its warranty certificates as well as instructions for use, where applicable. If the Seller considers that the delivery of the goods/services becomes impossible, then it notifies the Consumer. Any charge paid are returned within 10 (ten) business days.

 

ARTICLE 8- SHIPPING, DELIVERY AND CUSTOMS

Seller will ship the products once the Consumer makes the full payment for an order. All shipments are to be delivered to the address provided by the Consumer. All shipments are made under the DDU/DAP (Delivery Duty Unpaid/Delivered At Place) scheme, which means that Baqqalia is responsible for the safe delivery of goods to a named destination, paying all transportation expenses, and assuming all risks during transport. Under this scheme, once the package arrives at the customs of the destination, the Buyer, as the importer of the items, becomes responsible for paying import duties, as well as taxes, where applicable. Please note that when ordering at Baqqalia.com, you or the recipient is the importer of the package and thus must comply with all laws and regulations of the country/destination in which you or the recipient is receiving the package. In some destinations customs duties, fees, as wells taxes (Sales, VAT etc.) might be levied upon the imported package by the relevant customs authorities. Customs authorities in some countries require the importer of record to provide a particular form of identification before releasing a parcel. As the importer, you may be required to provide the recipient's identification number such as a Unique Identification Number, CPF, Tax ID, National ID, Passport Number, Import License for certain items etc. Any issues related to the Customs, including paperwork, issues related to inspection, as well as payments related to the Customs at the country/Customs zone where the Consumer resides is the responsibility of the Consumer and Seller cannot be held responsible for any issue related to the Customs.

 

ARTICLE 9- COMPETENT COURT

In settlement of any disputes that might arise from this Agreement, Consumer Arbitration Committees have competent jurisdiction up to such value announced by the Ministry of Industry and Commerce, Consumer Courts for values over the specified amount, and at places where these are not available, Civil Courts of First Instance are competent.

In the event that the order is realized, the BUYER is deemed to have accepted all the terms of this contract.

 

SELLER

Gourmet Aksesuar Gıda E-ticaret Limited Şirketi

 

BUYER

XXXXXX