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DISTANCE SALES AGREEMENT

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1. PARTIES
This Agreement has been executed between the following parties under the terms and conditions set forth below:

‘BUYER’ (hereinafter referred to as the "BUYER")
Name – Surname:
Address:

‘SELLER’ (hereinafter referred to as the "SELLER")
Name – Surname:
Address:

By accepting this agreement, the BUYER acknowledges, declares, and undertakes that, upon approval of the order subject to this agreement, they shall be obliged to pay the price of the ordered product(s) as well as any additional charges such as shipping fees and taxes if applicable, and that they have been duly informed of this obligation.

2. DEFINITIONS
In the implementation and interpretation of this Agreement, the terms listed below shall have the meanings ascribed to them:

  • MINISTER: The Minister of Customs and Trade

  • MINISTRY: The Ministry of Customs and Trade

  • LAW: Law No. 6502 on Consumer Protection

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

  • SERVICE: Any consumer transaction other than the supply of goods made or promised to be made in exchange for a fee or benefit

  • SELLER: A legal entity or individual acting on behalf of or for the account of a supplier, offering goods to the consumer within the scope of their commercial or professional activities

  • BUYER: A natural or legal person acquiring, using, or benefiting from a product or service for non-commercial or non-professional purposes

  • WEBSITE: kahvecibekir.com

  • ORDER PLACER: A natural or legal person placing an order for a product or service through the SELLER's website

  • PARTIES: The SELLER and the BUYER

  • AGREEMENT: This contract entered into between the SELLER and the BUYER

  • PRODUCT: Any movable goods and intangible items such as software, audio, video, and similar products intended for use in an electronic environment, which are the subject of the sale

3. SUBJECT MATTER
This Agreement sets forth the rights and obligations of the parties pursuant to the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts, with respect to the sale and delivery of the product(s) specified below, for which the BUYER placed an electronic order via the SELLER’s website.

The prices listed and announced on the website are the sales prices. The announced prices and promises are valid until updated or changed. Prices that are valid for a specific period shall remain effective until the end of such period.

4. SELLER INFORMATION
Company Name: Amasyalı Kahveci Bekir
Address: Dere Mah. Kocacık Çarşısı No:14-A, Merkez - Amasya, Turkey
Phone: +90 (507) 848 4890
Email: support@kahvecibekir.com

5. BUYER INFORMATION
Recipient Name:
Delivery Address:
Phone:
Fax:
Email / Username:

6. ORDER PLACER INFORMATION
Full Name / Company Name:
Address:
Phone:
Fax:
Email / Username:

7. PRODUCT(S) SUBJECT TO THE AGREEMENT

7.1. The key characteristics (type, quantity, brand/model, color, number of items) of the product(s) and/or service(s) are published on the SELLER’s website. In the event of a promotional campaign, the relevant features may be reviewed during the campaign period. The campaign is valid until the specified end date.

7.2. The prices listed and announced on the website are the final sales prices. These prices and associated commitments are valid until updated or modified. Time-limited offers shall be valid only for the period specified.

7.3. The total sale price of the product(s) or service(s), including all applicable taxes, is indicated below:

  • Product Description

  • Quantity

  • Unit Price

  • Subtotal (incl. VAT)

  • Shipping Fee: Free of Charge

  • Total:

  • Payment Method and Plan

  • Delivery Address

  • Recipient

  • Billing Address

  • Order Date

  • Delivery Date

  • Delivery Method

7.4. In cases where shipping is not free of charge, the shipping cost shall be borne by the BUYER.

8. BILLING INFORMATION
Full Name / Company Name:
Address:
Phone:
Fax:
Email / Username:

Invoice Delivery: The invoice shall be delivered to the billing address together with the ordered product at the time of delivery.



 

9. GENERAL PROVISIONS

9.1. The BUYER acknowledges, declares, and undertakes that they have read and understood the preliminary information concerning the essential characteristics of the product subject to the contract, the sales price, payment method, and delivery on the SELLER’s website, and have provided the necessary confirmation electronically. The BUYER also acknowledges that they have accurately and fully obtained the address provided by the SELLER, the key specifications of the ordered products, the prices including taxes, and payment and delivery information prior to the establishment of this distance sales contract.

9.2. Each product under this contract shall be delivered within a maximum legal period of 30 days, depending on the distance to the BUYER's place of residence, to the BUYER or the person/institution designated by the BUYER, as specified in the preliminary information section of the website. If the product cannot be delivered within this period, the BUYER reserves the right to terminate the agreement.

9.3. The SELLER undertakes to deliver the product subject to this agreement in full, in accordance with the specifications stated in the order, along with any warranty certificates, user manuals, and other necessary documents, free from any defects, in compliance with the relevant legislation, in a reliable and honest manner, and in accordance with applicable standards. The SELLER also undertakes to maintain and improve service quality, exercise necessary care and diligence, and act with prudence and foresight during performance of the contract.

9.4. Prior to the expiration of the performance obligation arising from this agreement, the SELLER may, upon informing the BUYER and obtaining explicit approval, supply a different product of equal quality and price.

9.5. If it becomes impossible for the SELLER to fulfill the obligations under the agreement due to unavailability of the ordered product or service, the SELLER agrees to notify the consumer in writing within 3 days from the date of becoming aware of the situation, and to refund the full amount to the BUYER within 14 days.

9.6. The BUYER acknowledges that they must confirm this agreement electronically for the delivery of the product. In the event that the product payment is not made or is cancelled in the bank records for any reason, the SELLER shall be relieved of the obligation to deliver the product.

9.7. If, after delivery of the product to the BUYER or to a third party designated by the BUYER, the price of the product is not paid to the SELLER by the relevant bank or financial institution due to unauthorized use of the BUYER's credit card by third parties, the BUYER agrees to return the product to the SELLER within 3 days at the SELLER’s expense.

9.8. If force majeure events (unforeseeable and uncontrollable events that prevent the parties from fulfilling their obligations) prevent timely delivery, the SELLER agrees to inform the BUYER. In such cases, the BUYER has the right to request cancellation of the order, replacement with a similar product, or postponement of delivery until the obstruction is resolved. If the order is canceled, and payment was made in cash, the product amount will be refunded to the BUYER within 14 days. If payment was made via credit card, the product amount will be refunded to the relevant bank within 14 days after cancellation. The BUYER acknowledges that the bank may take 2 to 3 weeks to reflect the refund into the BUYER's account and that any delays in this process are solely the responsibility of the bank, not the SELLER.

9.9. The SELLER has the right to contact the BUYER for communication, marketing, notification, and other purposes via the postal address, email address, landline and mobile phone numbers, and other contact details provided by the BUYER at registration or updated thereafter. By accepting this agreement, the BUYER consents to such communication activities by the SELLER.

9.10. The BUYER agrees to inspect the product before accepting delivery; if the product is damaged (e.g., dented, broken, torn packaging), the BUYER should not accept the product from the courier. Accepted products will be deemed undamaged and intact. After delivery, the product must be properly protected by the BUYER. If the right of withdrawal is to be exercised, the product must not be used and the invoice must be returned.

9.11. If the credit card used during the order does not belong to the BUYER, or if there is a security concern regarding the card before the delivery of the product, the SELLER may request identification and contact information of the cardholder, the previous month’s statement, or confirmation from the issuing bank proving the card belongs to the cardholder. Until these documents are provided, the order will be suspended. If not provided within 24 hours, the SELLER reserves the right to cancel the order.

9.12. The BUYER declares and undertakes that the personal and other information provided during registration on the SELLER’s website is accurate, and in the case of any falsification, they will immediately and fully compensate all damages incurred by the SELLER.

9.13. The BUYER agrees to comply with the legal regulations when using the SELLER’s website and shall not violate them. Otherwise, the BUYER will be solely and fully responsible for all legal and criminal consequences.

9.14. The BUYER may not use the SELLER’s website in any way that violates public order, general morality, is harassing or abusive to others, or infringes the rights of others. Additionally, the BUYER may not engage in activities that prevent or hinder others from using the services (such as spam, viruses, trojans, etc.).

9.15. Links may be provided on the SELLER’s website to other websites or content not controlled by the SELLER and owned or operated by third parties. These links are provided for the convenience of the BUYER and do not constitute any endorsement or guarantee by the SELLER of the linked sites or their content.

9.16. Any member who violates one or more provisions of this contract shall be personally, legally, and criminally responsible for such violation and shall hold the SELLER harmless from any resulting liability. Furthermore, if the violation results in legal proceedings, the SELLER reserves the right to claim damages due to non-compliance with the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1. In cases of goods purchased under a distance sales agreement, the BUYER has the right to withdraw from the contract without providing any justification or incurring any penalty within 14 (fourteen) days from the date of delivery of the product to the BUYER or a third party at the specified address. In service contracts, this period begins on the contract date. If service delivery has begun with the consumer’s approval before the end of the withdrawal period, the right of withdrawal may not be exercised. All costs arising from the use of the right of withdrawal shall be borne by the SELLER. By accepting this agreement, the BUYER acknowledges that they have been informed about the right of withdrawal.

10.2. To exercise the right of withdrawal, the BUYER must notify the SELLER in writing via registered mail, fax, or email within 14 days and ensure that the product has not been used in a manner incompatible with the “Non-Returnable Products” section of this contract. In such case:

a) The invoice of the product delivered to the BUYER or third party must be returned. If the invoice was issued to a company, a return invoice must be submitted. Returns without a return invoice cannot be processed.
b) A return form must be included.
c) The product must be returned complete and undamaged, including its box, packaging, and all standard accessories.

d) The SELLER shall refund the total amount and any documents binding the BUYER within 10 days of receiving the withdrawal notice and must retrieve the product within 20 days.
e) If the product's value has diminished due to the BUYER’s fault, the BUYER is liable for compensating the SELLER in proportion to the fault. However, changes resulting from proper usage of the product within the withdrawal period shall not be considered a fault.
f) If the use of the right of withdrawal causes the total order amount to fall below the promotional threshold, the discount obtained under the campaign shall be canceled.

11. PRODUCTS EXCLUDED FROM THE RIGHT OF WITHDRAWAL
Products customized according to the BUYER’s request or clearly personal needs, as well as food items with damaged packaging or where more than 10% of the contents have been consumed, cannot be returned due to their perishable nature and personal consumption use.

12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on payments made via credit card, they agree to pay interest and be liable to the card-issuing bank under their credit card agreement. In such cases, the bank may pursue legal remedies and charge related fees and attorney’s costs. Regardless, the BUYER agrees to compensate the SELLER for any damages and losses resulting from delayed performance of the debt.

13. DISPUTE RESOLUTION
Any complaints or disputes arising from this agreement may be brought before the Consumer Arbitration Committee or Consumer Court located in the BUYER’s place of residence or where the consumer transaction occurred, within the monetary limits set by law.
As of 28/05/2014:
a) Disputes under 2,000 TL shall be directed to district consumer arbitration committees.
b) Disputes under 3,000 TL shall be directed to provincial consumer arbitration committees.
c) In metropolitan municipalities, disputes between 2,000 TL and 3,000 TL shall also be directed to provincial consumer arbitration committees.

This Agreement has been executed for commercial purposes.

14. ENFORCEMENT
Upon completing the payment for the order placed via the Website, the BUYER shall be deemed to have accepted all the terms of this Agreement. The SELLER is obligated to ensure, through appropriate technical means, that the BUYER has read and accepted the terms of this Agreement before the order is finalized.

SELLER: Amasyalı Kahveci Bekir
BUYER:
DATE:

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