Distance Sales Contract

 

ARTICLE 1 PARTY INFORMATION

1.1 – SELLER

Title: MAKRİ GIDA TURİZM SANAYİ VE TİCARET LİMİTED ŞİRKETİ

Address: FETHİYE/MUĞLA

Phone: 0252 613 49 49 - 0545 811 11 48 - siparis@servet.com

This contract has been prepared in accordance with the Regulation on the Implementation Procedures and Principles of Distance Contracts published in the Official Gazette dated 13.06.2003 and numbered 25137, which mandates the execution of contracts for sales made over the internet, and is presented in articles as follows.

1.2. BUYER

The person who is a member of the www.servet.com shopping site as a customer. The address and contact information used during registration are taken as a basis.

ARTICLE 2 - SUBJECT 

This contract has been prepared in accordance with Law No. 4077 on Consumer Protection and the Regulation on the Implementation Procedures and Principles of Distance Contracts in force, which mandates the execution of contracts for sales made over the internet, and is presented in articles as follows.

The BUYER acknowledges and declares, by the provisions of this contract, that they have knowledge of the basic characteristics, sales prices, payment method, delivery conditions, all preliminary information regarding the products subject to sale, right of withdrawal, and return conditions, that they have confirmed this preliminary information electronically, and subsequently ordered the products.

ARTICLE 3 - PRODUCT AND DELIVERY INFORMATION SUBJECT TO CONTRACT

The type or kind, quantity, brand or model, sales price, payment method, recipient, delivery address, invoice information, and shipping fee of the product or products purchased electronically from the www.servet.com e-commerce site are as shown in the forms prepared before shopping and in the order details. The product delivery period is the delivery period specified on the product's review page.

ARTICLE 4 - GENERAL PROVISIONS

4.1 - The BUYER declares that they have read and understood all preliminary information regarding the basic characteristics, sales price, payment method, and delivery of the product or products subject to the contract mentioned in Article 3, and have provided the necessary confirmation electronically.

4.2 - The product or products subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated, within the period explained in the preliminary information, depending on the distance of the BUYER's place of residence, provided that the legal 30-day period is not exceeded for each product. This period may be extended by a maximum of 10 days, provided that the BUYER is notified in advance.

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 delivering the product subject to the contract sound, complete, in accordance with the specifications stated in the order, and with warranty certificates and user manuals, if any.

4.5 - If the relevant bank or financial institution does not pay the product price to the SELLER due to the unauthorized or unlawful use of the credit card belonging to the BUYER by unauthorized persons in a manner not caused by the BUYER's fault after the delivery of the product, the BUYER is obliged to send the product to the SELLER within 3 days, provided that it has been delivered to them. In this case, shipping costs belong to the BUYER.

4.6 - If the SELLER cannot deliver the product subject to the contract within the due period due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation or interruption of transportation, the SELLER is obliged to inform the BUYER of the situation. In this case, the BUYER may exercise one of the rights to cancel the order, replace the product subject to the contract with an equivalent one if available, and/or postpone the delivery period until the preventing circumstance is eliminated. If the BUYER cancels the order, the amount paid will be refunded to them in cash and in full within 15 business days.

4.7 - Since installment sales are made only with credit cards belonging to Banks, the BUYER acknowledges, declares, and undertakes that they will separately confirm the relevant interest rates and default interest information from their bank, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the BUYER in accordance with the current legislation. In installment transactions, the relevant provisions of the contract signed between the BUYER and the card-issuing bank apply. The credit card payment date is determined by the provisions of the contract between the bank and the BUYER. The BUYER can also track the number of installments and their payments from the account statement sent by the bank.

4.8 - Defective or faulty products, whether or not sold with a warranty certificate, may be sent to the SELLER for necessary repairs under warranty conditions, in which case shipping costs will be covered by the SELLER.

4.9 - In purchases made by non-consumer BUYERS for one or more products, even if the order has been placed and the amount has been debited from the BUYER's credit card (or other payment methods), the SELLER has the right to cancel the contract (order) or a part of the order without stating any reason before delivery occurs. The paid amount can be refunded to the BUYER's credit card (or account) in the manner paid by the BUYER. The transfer of the refunded amount to the BUYER's account is the responsibility of the issuing card/account institution, and the SELLER has no responsibility for any delays that may occur.

4.10 - The BUYER declares that they have read all the terms and explanations written in this contract and the order-contract preliminary information form, which is an integral part of it, that they have prior knowledge of the basic characteristics of the Products subject to sale, sales price, payment method, delivery conditions, etc., all preliminary information regarding the Product subject to sale and the right of withdrawal, that they have seen and confirmed the preliminary information electronically at www.servet.com and that it has been sent to their registered e-mail address, and thus, by giving electronic confirmation-approval to all of these, they have ordered the product and accepted the provisions of this contract.

4.11 - If the BUYER defaults on transactions made with a credit card, they will pay interest within the framework of the credit card agreement they have made with the card-issuing bank and will be responsible to the bank. In this case, the relevant bank may resort to legal remedies; it may demand resulting expenses and attorney's fees from the BUYER, and in any case, if the BUYER defaults on their debt, the BUYER agrees to pay the damages and losses incurred by the Seller due to the delayed performance of the debt.

ARTICLE 5 - RIGHT OF WITHDRAWAL

The buyer has the right of withdrawal within 14 days from the date of delivery of the product subject to the contract to him/her or to the person/organization at the address indicated. To exercise the right of withdrawal, it is essential to notify the SELLER by fax, email, or phone within this period and that the product has not been used/consumed/decreased. In case this right is exercised, it is mandatory to return the original invoice along with a copy of the cargo delivery record indicating that the product delivered to the 3rd party or the BUYER has been sent to the SELLER. The product price will be refunded to the BUYER within 7 days following the receipt of these documents. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded. The shipping cost of the product returned due to the right of withdrawal will be covered by the SELLER.

We undertake to allow the consumer to withdraw from the contract by rejecting the goods or services within 7 days from the date of receipt of the goods or signing of the contract, without assuming any legal or criminal liability and without stating any reason, and to take back the goods from the date the withdrawal notification reaches the seller or provider.

In accordance with the general communiqué of tax procedure law no. 385, in order for return transactions to be made, the relevant sections in the invoice with the return section that we sent to you must be filled in completely and sent back to us together with the product after being signed.

ARTICLE 6 - EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

Unless otherwise agreed by the parties, the consumer cannot exercise the right of withdrawal in the following cases:

a) Products or services whose price varies depending on fluctuations in financial markets and that are not under the control of the seller or provider,

b) Products and services prepared in line with the special requests or personal needs of the buyer,

c) Products that are perishable or whose expiration date may pass quickly,

d) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and which are not suitable for return due to health and hygiene reasons,

e) Products that are mixed with other products after delivery and cannot be separated due to their nature,

f) All products or services that fall within the scope of software, computer software, digital content, digital media products that have a copyable nature,

g) Products or services related to accommodation, freight transport, car rental, food and beverage supply, and leisure activities for entertainment or recreation, which must be performed on a specific date or period,

h) Services performed instantly in electronic environment or products or services delivered instantly to the consumer.

ARTICLE 7 - NOTIFICATIONS AND EVIDENCE AGREEMENT

All correspondence between the parties under this Agreement, except for mandatory cases specified in the legislation, shall be made through My Account > Product Questions on the Website or via e-mail. The Buyer accepts, declares, and undertakes that in disputes that may arise from this Agreement, the Seller's official ledgers and commercial records, and the electronic information and computer records kept in its own database and servers, shall constitute binding, conclusive, and exclusive evidence, and that this article is an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure.

ARTICLE 8 - AUTHORIZED COURT

In the application of this contract, Consumer Arbitration Committees up to the value declared by the Ministry of Industry and Trade, and Consumer Courts in the place of residence of the BUYER or the SELLER are authorized. If the order is placed, the BUYER is deemed to have accepted all terms of this contract.

ARTICLE 9 - EFFECTIVENESS

This Agreement, consisting of 9 (Nine) articles, has been concluded and entered into force by being read and understood by the BUYER in 10-point font and approved electronically by the BUYER after being read by the parties.