Distance Sales Contract
DATE: __ /__/ ___
PARTIES
(1) ABCS GIDA KIMYA MAKINA DANIŞMANLIK VE TICARET LTD. ŞTI (“ABCS GIDA KIMYA MAKINA DANIŞMANLIK VE TICARET LTD. ŞTI/Seller”), located at Batısitesi mah. 2310/1 Cad. No: 45/2 Yenimahalle Ankara;
Seller Phone: 0312 255 33 25
Seller Fax: 0312 255 33 26
Seller Product Return address: Batısitesi mah. 2310/1 Cad. No: 45/2 Yenimahalle Ankara
Mersis No: 0001 0675 9790 0015
(2) Internet user who makes a purchase from the website or mobile application providing service at gewnkirish.com (“Buyer”).
Buyer Phone:
Buyer Address:
Buyer Email:
1 SUBJECT
The subject of this Agreement is the determination of the rights and obligations of the parties in accordance with the provisions of the legislation regarding the sale and delivery of the product/products detailed below ordered through the website at gewnkirish.com owned by ABCS GIDA KIMYA MAKINA DANIŞMANLIK VE TICARET LTD. ŞTI and or the ABCS GIDA KIMYA MAKINA DANIŞMANLIK VE TICARET LTD. ŞTI Mobile Application (“Mobile Application”).
2 PRODUCT
The details of the product ordered by the Buyer are as follows.
Product Unit Price (VAT Included) Subtotal
Order Processing and Shipping Fees
Payment Method
Installment Sale Price
Cash Sale Price
Total
Delivery Address
Delivery Person
Invoice Address
Delivery Procedure. ABCS GIDA KIMYA MAKINA DANIŞMANLIK VE TICARET LTD. ŞTI provides delivery service only to the distribution area of the contracted cargo within the borders of Turkey. The product will be delivered to the Buyer's address with the cargo contracted by the Seller. The estimated delivery time will be notified by the Seller after the order is received. The delivery time is a maximum of thirty (30) days from the sending of the Order confirmation e-mail and the establishment of the Contract.
After the delivery process, 1 (one) copy of the delivery note is delivered to the customer, a second copy is signed indicating that the cargo has been received and the cargo is delivered to the customer.
In regions where the cargo company delivers once a week, in cases where there are errors and omissions in the shipment information, in cases where ABCS GIDA KIMYA MAKINA DANIŞMANLIK VE TICARET LTD. ŞTI cannot prevent due to reasons beyond its control, such as some social events and natural disasters, there may be a delay in the specified delivery time. The Seller cannot be held responsible for these delays. If the product is to be delivered to a person/organization other than the Buyer, the Seller is not responsible for the situations that may arise from the person/organization to whom the delivery will be made not accepting the delivery, the errors in the shipment information and/or the Buyer not being at the location, and the extra shipping costs. If the product/products have not reached the Buyer within the specified days, delivery problems should be reported immediately to customer services by calling 0850 466 04 85.
The Buyer is obliged to check that the product they ordered was delivered in accordance with their invoice/delivery receipt at the time of delivery, to sign the delivery receipt stating that they have received the products and to deliver them to the cargo company officer. Damaged packages should not be accepted and a report should be prepared by the Cargo Company. If the cargo company representative is of the opinion that the package is not damaged, the Buyer is responsible for opening the package there, checking that the products were delivered without damage and requesting that the situation be recorded in a report. Once the package is accepted by the Buyer, it is accepted that the cargo company has fulfilled its duty. If the damaged package is not accepted and a report is prepared, the situation should be reported to the Seller in writing as soon as possible, together with the copy of the report that remains with the Buyer.
1 RIGHT OF WITHDRAWAL
The Buyer has the right of withdrawal within 14 (fourteen) days from the date of delivery of the Product to him/her or to the person/institution at the address he/she has indicated, without having to give any reason.
In order to exercise the right of withdrawal, the Buyer or the third party designated by the Buyer must notify the Buyer by calling the Customer Service Line within 14 (fourteen) days from the day the product is received and share the code given to him/her by the Customer Service representative with the cargo company and deliver the product to the Seller within 14 (fourteen) days from the date of delivery. Otherwise, the right of withdrawal request will be deemed invalid. The Buyer may also exercise the right of withdrawal within the period from the establishment of the contract until the delivery of the goods. The following periods are taken as basis in determining the right of withdrawal period;
The following periods are taken as basis in determining the right of withdrawal period; a) In case of goods that are delivered separately and are subject to a single order, the day the consumer or a third party designated by the consumer receives the last item,
b) In case of goods consisting of more than one piece, the day the consumer or a third party designated by the consumer receives the last item,
c) In case of contracts where the goods are delivered regularly for a certain period, the day the consumer or a third party designated by the consumer receives the first item.
The Buyer can make the withdrawal notification by calling our call center and creating a return request at 0850 466 04 85. If this request is approved, the Customer Services representative will create a cargo code for the Buyer. The Buyer can send the products to ABCS GIDA KIMYA MAKINA DANIŞMANLIK VE TICARET LTD. ŞTI free of charge with this code.
Even if the Buyer's return request is approved, products that have been used, opened or damaged and are not suitable for return in terms of health and hygiene cannot be returned. In this context, products such as shampoo, lotion, shower gel, skin and hair care products that are not suitable for return in terms of health and hygiene cannot be returned. If the protective packaging or tape for make-up and skin care products is opened, the return process cannot be done. If the products you want to return do not meet these conditions, the return approval must be canceled and the products must be sent to you with the contracted cargo company, Paying the Buyer.
In cases where products that are different from the order or the photos or descriptions on the website are delivered to the Buyer, the right of withdrawal is subject to the condition that the security label of the product has not been opened.
If the returned product reaching the Seller meets the conditions specified in this contract, it will be accepted as a return and the refund will be made to the Buyer's credit card/account. No refund will be made before the product is returned. The period during which refunds made to the Credit Card are reflected in the credit card accounts is at the discretion of the relevant bank.
If the shopping was made with a credit card and in installments, the refund procedure to the credit card will be applied as follows: The Bank makes the refund to the Buyer in installments, depending on the number of installments the Buyer requested to purchase the product. After the Seller pays the Bank the entire product price in one go, in the event that the installment expenses made from the Bank POS are refunded to the Buyer's credit card, the requested refund amounts will be transferred to the holder party accounts by the Bank in installments again. The installment amounts paid by the Buyer until the cancellation of the sale will be reflected to the card as 1 (one) refund each month if the refund date does not coincide with the card's account closing dates and the Buyer will receive the installments paid before the refund for an additional month after the installments of the sale are completed, for the same number of installments as the number of installments paid before the refund, and will be deducted from their current debts.
According to Article 15 of the Distance Contracts Regulation titled "Exceptions to the Right of Withdrawal", the Buyer cannot use the right of withdrawal in the following cases.
• In goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller or provider,
• In goods prepared in line with the consumer's requests or personal needs,
• In the delivery of goods that can spoil quickly or whose expiration date may pass,
• In goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; products that are not suitable for return in terms of health and hygiene, such as shampoo, shower gel, skin and hair care products,
• Goods that are mixed with other products after delivery and cannot be separated by nature,
• In books, digital content and computer consumables offered in material form if protective elements such as packaging, tape, seal, package have been opened after delivery of the goods,
• In the delivery of periodical publications such as newspapers and magazines, other than those provided within the scope of a subscription agreement,
• In cases of accommodation, transportation of goods, car rental, food and beverage supply and evaluation of free time for entertainment or resting purposes that must be done on a certain date or period,
• In intangible goods that are instantly performed in electronic media or delivered to the consumer instantly,
• In services that are started to be performed with the consumer's approval before the expiration of the right of withdrawal period.
1 RIGHTS AND LIABILITIES OF THE PARTIES
1.1. Use of Products and Services. The Buyer is responsible for the basic characteristics of the Product subject to sale, the sales price including taxes, payment method, delivery conditions and expenses, etc. The buyer accepts and declares that he/she has clear, understandable and internet-friendly information regarding all preliminary information regarding the product, the use of the right of withdrawal and how to use this right, return conditions, official authorities to whom he/she can submit complaints and objections, etc. and that he/she has confirmed this preliminary information electronically. The buyer is deemed to have accepted the provisions of this Agreement and the ABCS GIDA KIMYA MAKINA DANIŞMANLIK VE TICARET LTD. ŞTI Terms and Conditions for Online Sales at the time the order is placed.
In cases where products that are different from the order or the photos or descriptions on the website are delivered to the Buyer, the right of withdrawal is subject to the condition that the security label of the product has not been opened.
If the returned product reaching the Seller meets the conditions specified in this contract, it will be accepted as a return and the refund will be made to the Buyer's credit card/account. No refund will be made before the product is returned. The period during which refunds made to the Credit Card are reflected in the credit card accounts is at the discretion of the relevant bank.
If the shopping was made with a credit card and in installments, the refund procedure to the credit card will be applied as follows: The Bank makes the refund to the Buyer in installments, depending on the number of installments the Buyer requested to purchase the product. After the Seller pays the Bank the entire product price in one go, in the event that the installment expenses made from the Bank POS are refunded to the Buyer's credit card, the requested refund amounts will be transferred to the holder party accounts by the Bank in installments again. The installment amounts paid by the Buyer until the cancellation of the sale will be reflected to the card as 1 (one) refund each month if the refund date does not coincide with the card's account closing dates and the Buyer will receive the installments paid before the refund for an additional month after the installments of the sale are completed, for the same number of installments as the number of installments paid before the refund, and will be deducted from their current debts.
According to Article 15 of the Distance Contracts Regulation titled "Exceptions to the Right of Withdrawal", the Buyer cannot use the right of withdrawal in the following cases.
• In goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller or provider,
• In goods prepared in line with the consumer's requests or personal needs,
• In the delivery of goods that can spoil quickly or whose expiration date may pass,
• In goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; products that are not suitable for return in terms of health and hygiene, such as shampoo, shower gel, skin and hair care products,
• Goods that are mixed with other products after delivery and cannot be separated by nature,
• In books, digital content and computer consumables offered in material form if protective elements such as packaging, tape, seal, package have been opened after delivery of the goods,
• In the delivery of periodical publications such as newspapers and magazines, other than those provided within the scope of a subscription agreement,
• In cases of accommodation, transportation of goods, car rental, food and beverage supply and evaluation of free time for entertainment or resting purposes that must be done on a certain date or period,
• In intangible goods that are instantly performed in electronic media or delivered to the consumer instantly,
• In services that are started to be performed with the consumer's approval before the expiration of the right of withdrawal period.
1 RIGHTS AND LIABILITIES OF THE PARTIES
1.1. Use of Products and Services. The Buyer is responsible for the basic characteristics of the Product subject to sale, the sales price including taxes, payment method, delivery conditions and expenses, etc. The buyer accepts and declares that he/she has clear, understandable and internet-friendly information regarding all preliminary information regarding the product, the use of the right of withdrawal and how to use this right, return conditions, official authorities to whom he/she can submit complaints and objections, etc. and that he/she has confirmed this preliminary information electronically. The buyer is deemed to have accepted the provisions of this Agreement and the ABCS GIDA KIMYA MAKINA DANIŞMANLIK VE TICARET LTD. ŞTI Terms and Conditions for Online Sales at the time the order is placed.
1 INTELLECTUAL PROPERTY RIGHTS
Member accepts that all elements of the Website and mobile application of ABCS GIDA KIMYA MAKINA DANIŞMANLIK VE TICARET LTD. ŞTI, including but not limited to the design, text, image, html code and other codes, belong to ABCS GIDA KIMYA MAKINA DANIŞMANLIK VE TICARET LTD. ŞTI and/or are used under a license right obtained from a third party by ABCS GIDA KIMYA MAKINA DANIŞMANLIK VE TICARET LTD. ŞTI and cannot use the brand, logo, trade name information of ABCS GIDA KIMYA MAKINA DANIŞMANLIK VE TICARET LTD. ŞTI under any circumstances and conditions, even for reference and promotional activities, without the written approval of ABCS GIDA KIMYA MAKINA DANIŞMANLIK VE TICARET LTD. ŞTI. The Member cannot engage in any behavior or conduct that may constitute an infringement of copyrights, trademarks or other rights belonging to ABCS GIDA KIMYA MAKINA DANIŞMANLIK VE TICARET LTD. ŞTI or create unfair competition, or engage in advertising activities contrary to the relevant legislation.
Otherwise, the Buyer shall be liable to cover all kinds of damages, including but not limited to compensation, court costs and attorney fees, that ABCS GIDA KIMYA MAKINA DANIŞMANLIK VE TICARET LTD. ŞTI faces due to damages incurred by third parties, including but not limited to licensors.
2 TRANSFER
The Buyer cannot transfer its rights and obligations under this Distance Sales Contract, partially or completely, to any third party. The Seller may transfer its rights and receivables arising from this Contract to ABCS GIDA KIMYA MAKINA DANIŞMANLIK VE TICARET LTD. ŞTI Group Companies without the prior consent of the Buyer.
3 PREVENTION OF BRIBERY AND FIGHT AGAINST CORRUPTION
The Buyer shall (i) comply with all applicable laws, regulations and sanctions regarding prevention of bribery and fight against corruption (“Anti-Bribery Laws”) and (ii) not engage in any activity, practice or behavior that would constitute a crime under the Anti-Bribery Laws. The Buyer undertakes to comply with all rules and procedures required to comply with the Anti-Bribery Laws during the term of this Distance Selling Agreement.
4 CONFIDENTIALITY
The Buyer shall keep confidential all information it has obtained in any way regarding the activities of the Seller and the articles of this Agreement, and shall not disclose or use the said information without the prior written approval of ABCS GIDA KIMYA MAKINA DANIŞMANLIK VE TICARET LTD. ŞTI, except for the cases deemed necessary under the mandatory provisions of Turkish law. This confidentiality obligation shall continue to apply in the event of termination or expiration of this Agreement for any reason. The Buyer shall compensate the Seller for any damages that may be incurred by the Seller in the event of non-compliance with this confidentiality obligation.
5 FORCE MAJEURE
ABCS GIDA KIMYA MAKINA DANIŞMANLIK VE TICARET LTD. ŞTI shall not be liable for any late or incomplete performance or non-performance of any of its obligations determined by this Distance Sales Agreement due to laws, regulations, directives and decisions taken by authorized authorities beyond the control of the Parties and the occurrence of fire, flood, earthquake, landslide, epidemic disease, war, widespread acts of violence (including but not limited to these). In this case, the Buyer cannot make any claim from ABCS GIDA KIMYA MAKINA DANIŞMANLIK VE TICARET LTD. ŞTI.
6 VIOLATION
If the Buyer violates the provisions of this Agreement, ABCS GIDA KIMYA MAKINA DANIŞMANLIK VE TICARET LTD. ŞTI may terminate the Agreement and block the Buyer's access to the Website at its own initiative and without prior notice. In such case, the Buyer shall be personally liable for criminal and legal damages. The Buyer also agrees to indemnify and hold ABCS GIDA KIMYA MAKINA DANIŞMANLIK VE TICARET LTD. ŞTI, its subsidiaries and affiliates harmless from any and all claims, damages, liabilities, claims or expenses (including attorney fees) that may be brought against ABCS GIDA KIMYA MAKINA DANIŞMANLIK VE TICARET LTD. ŞTI by any third party in connection with the unlawful use of the Website or mobile application.
7 AMENDMENTS
All amendments to be made under this Agreement shall be made at the discretion of ABCS GIDA KIMYA MAKINA DANIŞMANLIK VE TICARET LTD. ŞTI and unilaterally to be announced on the ABCS GIDA KIMYA MAKINA DANIŞMANLIK VE TICARET LTD. ŞTI Website and mobile application.
8 DIVISIBILITY
If a provision of this Agreement is invalid, illegal or unenforceable under the laws of any jurisdiction, the remaining provisions shall continue to be valid, legal and enforceable in that jurisdiction and shall not be affected by the said provision.
9 NON-INTERPRETATION OF HEADINGS
The headings in the Agreement are included for the convenience of references and shall not affect the interpretation of this Agreement.
10 AUTHORITY
In the implementation of this Agreement, Consumer Problems Arbitration Boards and Consumer Courts in the place of residence of the BUYER or SELLER are authorized up to the value declared by the Ministry of Customs and Trade. The parties may apply for complaints and objections to the consumer problems arbitration board or consumer court in the place where the consumer purchased the goods or services or where he/she resides, within the monetary limits determined by the Ministry of Customs and Trade every December.