DISTANCE SALES AGREEMENT
Article 1: PARTIES TO THE CONTRACT
One Party to this Agreement;
SELLER: Usta Gıda San.ve Tic.Ltd.Şti., registered at the address Fatih Mahallesi 1191 Sokak A Blok No:26/1 Gaziemir / İzmir, will be briefly indicated as the registered trademark "Usta Gıda" in the contract.
E-Mail: info@stevdewood.com
On the other hand;
BUYER: (End User) (Declaration specified in the order form and Membership Information is essential)
Article 2: SUBJECT
The subject of this contract is the Consumers numbered 4077 regarding the sale and delivery of the products, which the BUYER has ordered electronically from the SELLER's captaintarim.com.tr website, which have the qualifications mentioned in the contract, and whose content and sales price are specified in articles 1.3 and 1.4 of the contract. It is the determination of the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of the Law and the Regulation on the Implementation Principles and Procedures of Distance Contracts. The BUYER, basic characteristics of the products subject to sale, sales price, payment method, delivery conditions, etc. He/she accepts and declares that he/she is informed about all preliminary information and the right of withdrawal regarding the product subject to sale, that he/she confirms this preliminary information in electronic environment and then orders the product, in accordance with the provisions of this contract. are integral parts of the contract. The BUYER is deemed to have accepted all the terms of this contract when the order is made.
Article 3: DELIVERY OF THE PRODUCT, PLACE OF CONTRACT AND DELIVERY METHOD
The product will be delivered to the address specified in the order form requested by the BUYER, to the person with the specified name or to the person authorized for the delivery of the cargo, by the courier company official.
Article 4: DELIVERY COSTS AND PERFORMANCE
Delivery costs belong to the BUYER. If the SELLER has declared on the website that the delivery fee will be covered by those who shop more than the amount declared on the website, the delivery cost belongs to the SELLER. In any case, all shipping costs arising from return transactions belong to the BUYER. Even if the BUYER is not present at the time of delivery, the SELLER will be deemed to have fulfilled its performance fully and completely. For this reason, all kinds of damages arising from the late receipt 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. Delivery is made as soon as possible after the stock is available and the product price is transferred to the SELLER's account. The SELLER delivers the product within 30 (thirty) days from the order and reserves the right to extend an additional 10 (ten) days with written notification within this period. If the product subject to the contract cannot be delivered in due time due to extraordinary circumstances such as the opposition, interruption of transportation, the BUYER is obliged to notify the situation. For the delivery of the product subject to the contract, a signed copy of this contract must 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.
Article 5: DECLARATIONS AND COMMITMENTS OF THE BUYER
The BUYER shall inspect the product subject to the contract before receiving it, if there are any dents, broken, torn packaging, etc. will not receive the damaged and defective product from the cargo company. The product is received shall be deemed to be undamaged and intact. The responsibility of carefully protecting the product after delivery belongs to the BUYER. If the right of withdrawal is to be used, the product must not be used, the invoice must be returned. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned to the BUYER. The delivery cost of the product returned due to the right of withdrawal is borne by the Seller. 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 after the delivery of the product, the BUYER is obliged to send the product to the Seller within 3 (three) days, provided that it has been delivered to him. In this case, shipping costs are the responsibility of the buyer. In addition, the BUYER accepts that the delivery made to the address indicated by the BUYER and to the person present at this address at the time of delivery will be considered as the delivery made to the BUYER.
Article 6: STATEMENTS AND COMMITMENTS OF THE SELLER
The seller is responsible for the delivery of the contracted product in a sound, complete manner, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any. 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. The Seller undertakes that the BUYER has the right to withdraw from the contract by rejecting the product within 7 (seven) days from the date of receipt of the product or the signing of the contract without any legal and penal liability and without giving any reason, and to take the product back from the date the withdrawal notification reaches the seller or supplier. The seller returns the product price and valuable papers, if any, within 7 (seven) days after the notification of withdrawal is received. Returns the product within 7 (seven) days. The Seller may, for justified reasons, supply the product with equal quality and price to the BUYER before the expiry of the contractual performance period. If the Seller thinks that the delivery and performance of the product has become impossible, it notifies the BUYER before the performance period of the contract expires. In this case, the BUYER may use one of the rights to cancel the order, replace the product subject to the contract with its precedent, if any, and/or postpone the delivery time until the obstacle is removed. If the BUYER cancels the order, the price paid and the documents, if any, are returned within 7 (seven) days. Defective or damaged products from products sold with a warranty certificate or not, can be sent to the Seller for the necessary repair within the warranty conditions, in which case the delivery expenses will be borne by the Seller.
Article 7: FEATURES OF THE CONTRACTED PRODUCT
Type and type of the product, Quantity, Brand/Model, Color and Sales Price Including All Taxes are as stated in the information on the product introduction page on the website captaintarim.com.tr and on the invoice, which is considered an integral part of this contract. Seller is not responsible for price update errors due to technical reasons.
Article 8: ADVANCE PRICE OF THE PRODUCT
The cash price of the product is included in the invoice content.
Article 9: FORWARD PRICE and PAYMENT PLAN
The price of the product according to the maturity date is included in the invoice content. Due to the fact that the forward sales are made only with the credit cards of the Banks, the BUYER accepts that he will confirm the relevant interest rates and the information about the default interest separately from the bank, and that the provisions related to 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 provisions of the legislation in force, declares and undertakes. In installment transactions, the relevant provisions of the contract signed between the BUYER and the cardholder bank are valid. The credit card payment date is determined by the contract between the bank and the BUYER. The BUYER can also track the number of installments and payments from the bank statement sent by the bank.
Article 10: RIGHT OF WITHDRAWAL
The BUYER may exercise its right of withdrawal within 7 (seven) days from the delivery of the product subject to the contract to himself or to the person/organization at the address indicated. In order to exercise the right of withdrawal, notification to the Seller by fax, e-mail or telephone within the same period and the product, 14th art. within the framework of its provisions and which is an integral part of this contract and www.kaptantarim.com.tr In accordance with the preliminary information accepted by the BUYER on the website, it must not be used. In case this right is exercised, the original invoice for the product delivered to the 3rd person or the BUYER must be returned. Within 7 (seven) days following the receipt of the notice regarding the right of withdrawal, the product price is returned to the BUYER and the product is returned within 7 (seven) days. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned to the BUYER. The delivery cost of the product returned due to the right of withdrawal is borne by the Seller. Returns of live plants, bulbs, gift saplings and seedlings that require care and cannot be stored by their nature are not accepted after they are received from the cargo. For this reason, the PURCHASER should make the controls during the delivery and in case of damage, keep the report/report and use the right of return. The live plants, bulbs, gift saplings and seedlings received are considered to have been found to be flawless.
Article 11: PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
The right of withdrawal cannot be exercised after the products that cannot be returned due to their nature, onions sold in the season, plant seeds with a germination period limited to 1-3 months, all kinds of live plants, seedlings, steel and live production materials are received undamaged. In addition to these, products that deteriorate rapidly and expire; disposable products; The returns of live plants, bulbs, gift saplings and seedlings that can be copied, steel can be taken, graft eyes can be taken, and which need care and cannot be stored are not accepted after they are received from the cargo. For this reason, the PURCHASER should make the controls during the delivery and in case of damage, keep the report/report and use the right of return. The live plants, bulbs, gift saplings and seedlings received are considered to have been found to be flawless. In addition, all kinds of software and programs, media products (DVD, DIVX, VCD, CD, MD, BLUE-RAY, etc.), computers and consumables (toner, cartridge, ribbon, etc.), cosmetic products within the framework of the right of withdrawal. The packaging must be unopened, undamaged and unused.
Article 12: CASE OF DEFERRED AND LEGAL CONSEQUENCES
In the event that the BUYER defaults on his credit card transactions, the cardholder will pay interest and be liable to the bank within the framework of the credit card agreement that the bank has made with him. In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the BUYER, and in any case, in the event that the BUYER defaults due to its debt, the BUYER agrees to pay the damages and losses incurred by the Seller due to the delayed performance of the debt.
Article 13: AUTHORIZED COURT
In the disputes that may arise from this contract, Consumer Arbitration Committees and Consumer Courts in the settlements of the BUYER and the Seller, and the Civil Courts of First Instance are authorized up to the value declared by the Ministry of Industry and Trade.
Article 14: EFFECTIVENESS
In the event that the payment for the order placed on the site is realized, the BUYER shall be deemed to have accepted all the terms of this contract. The SELLER is obliged to make software arrangements to ensure that the contract in question cannot be placed on the site without obtaining confirmation that it has been read and accepted by the BUYER.