1.1 SELLER
Commercial Title: Sidra Food Construction. Contracting Industry Trade Ltd.
Address: Gökhan Sk. 34, Yenişehir, 41050 İzmit/Kocaeli, Turkey
Email Address: info@sidrabitkisel.com
1.2 BUYER
Trade Name: ……
Address: ……
Telephone: ……
E-mail Address: ……
The subject of this Agreement is the determination of the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers No. 6502 and the Distance Contracts Regulation regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically from the SELLER’s website www.sidrabitkisel.com.
The Type and Kind of Products, Quantity, Brand/Model, Color, Sales Price and Delivery Information are as follows.
The BUYER has the right of withdrawal within 14 days from the delivery of the product subject to the contract to him or to the person/organization at the address he has indicated, without having to give any reason.
In order to exercise the right of withdrawal, the SELLER must be notified by fax, telephone or e-mail within 14 days, and the product must be in a condition that it can be offered for resale by the SELLER, provided that the packaging and contents of the product are not damaged during testing, in accordance with the provisions of Article 5 of this Agreement and the preliminary information published on the www.sidrabitkisel.com Website, which is an integral part of this Agreement. In case of exercise of this right,
The shipping cost of the product returned within the period for any reason will be covered by the BUYER.
When returning the product to the SELLER, the original invoice presented to the BUYER upon delivery must also be returned. If the invoice is not returned to the SELLER along with the product, VAT and any other legal obligations, if any, cannot be refunded to the BUYER. The invoice to be returned with the product must be marked “return invoice” and signed by the BUYER.
Due to their nature, returns of single-use products, copyable software and programs, products that deteriorate quickly or are likely to expire are not accepted.
The return of the following products is subject to the condition that the packaging of the product is unopened, undamaged and the product is unused and untested.
6.1 The BUYER declares that he/she has read and is fully informed of the preliminary information regarding the basic characteristics of the product subject to the Agreement, the sales price including all taxes, the payment method, delivery and the fact that the costs thereof will be covered by the BUYER, the delivery period, and the full commercial title, full address, and contact information of the SELLER on the www.sidrabitkisel.com website, and has provided the necessary confirmation electronically. The preliminary information form and the sales invoice on the payment page of the www.sidrabitkisel.com website are integral parts of this Agreement.
6.2 These two copies of the Agreement, which were previously signed by the SELLER, have been signed and accepted by the BUYER on ……… and one copy will be sent to the BUYER’s e-mail address.
6.3 The product subject to the contract will be delivered to the BUYER or the person/organization at the address specified by the BUYER within the period specified in the preliminary information on the website, depending on the distance of the BUYER’s place of residence for each product, provided that it does not exceed a period of 30 days.
6.4 All shipping costs related to the delivery specified in Article 3 will be covered by the BUYER. If the SELLER has declared on its website that delivery costs will be covered by the SELLER for purchases exceeding the declared amount or in certain campaigns, the delivery costs will be covered by the SELLER. Delivery will be made as soon as possible after stock availability and the payment of the goods has been transferred to the SELLER’s account.
6.5 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 whom the product is to be delivered does not accept the delivery.
6.6 The SELLER is not obliged to deliver bulky items such as white goods, sofas, armchairs, etc. to addresses on high floors.
6.7 The SELLER is responsible for delivering the product subject to the Contract intact, complete, in accordance with the specifications specified in the order and with warranty documents and user manuals, if any.
6.8 The SELLER may supply a different product of equal quality and price, provided that it has a justified reason, with the approval of the BUYER before the expiry of the performance obligation arising from the Contract.
6.9 If the SELLER cannot fulfill its obligations under the Agreement in case the fulfillment of the ordered product or service becomes impossible, the SELLER shall notify the BUYER of this situation within 3 days from the date of learning of it and may supply the BUYER with a different product of equal quality and price.
6.10 For the delivery of the product subject to this Agreement, a signed copy of this Agreement must be delivered to the SELLER and the price must be paid using the payment method chosen by the BUYER. If, for any reason, the product price is not paid or is cancelled in bank records, the SELLER is deemed to be released from its obligation to deliver the product.
6.11 If, after delivery of the product, the relevant bank or financial institution fails to pay the SELLER the price of the product due to the unfair or illegal use of the BUYER’s credit card by unauthorized persons for reasons not caused by the BUYER’s fault, the product must be returned to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, the shipping costs are the responsibility of the BUYER.
6.12 If the SELLER is unable to deliver the product subject to the Contract within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or transportation interruptions, the SELLER is obligated to notify the BUYER. In such cases, the BUYER may exercise one of the following rights: cancel the order, replace the product subject to the Contract with a comparable product, if any, and/or postpone the delivery until the impeding condition is resolved. If the BUYER cancels the order, the amount paid will be refunded in cash and in one lump sum within 14 days.
For payments made by BUYER via credit card, the product amount will be refunded to the relevant bank within 14 days of the BUYER canceling the order. The reflection of this amount in the BUYER’s account after the refund to the bank is entirely dependent on the bank’s transaction process, and the SELLER cannot intervene in this matter in any way.
In the event of BUYER’s default, BUYER agrees to pay SELLER’s losses and damages arising from delayed performance of the debt. In cases where BUYER’s default is due to SELLER’s fault, BUYER shall not be obligated to cover any claims for loss or damage.
In the implementation of this Agreement, the consumer may submit his/her complaints and objections to the consumer problems arbitration committee 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 of the Republic of Turkey in December each year.
Defective Goods
Goods that are contrary to the quality or quantity affecting the quality stated in the packaging, label, promotional and user manual or advertisements and announcements or declared by the seller or determined in its standard or technical regulation, or that contain material, legal or economic deficiencies that reduce or eliminate their value or the benefits expected from them by the consumer in terms of their allocation or purpose of use, are considered defective goods.
Defects that occur within six months of the delivery date are deemed to have existed at the time of delivery. In this case, the burden of proof that the product is not defective rests with the seller. This presumption does not apply if the defect is incompatible with the nature of the defect. In this case, the consumer has the right to withdraw from the contract, including a refund, to replace the product with a defect-free equivalent, to request a discount proportional to the defect, or to request free repair. The seller is obligated to fulfill this request made by the consumer. In addition to one of these optional rights, the consumer also has the right to seek compensation from the manufacturer in cases where the defective product causes death and/or personal injury and/or damage to other goods in use.
If those held liable for the defect have not assumed liability for the defect for a longer period, liability for defective goods is subject to a two-year statute of limitations from the date the goods are delivered to the consumer, even if the defect is discovered later. Claims for any damage caused by defective goods are subject to a three-year statute of limitations. These claims expire ten years after the date the goods causing the damage were placed on the market. However, if the defect in the goods sold was concealed from the consumer through gross negligence or fraud on the part of the seller, the statute of limitations cannot be used.
Except for the provisions regarding liability for damages caused by defective goods, the above provisions do not apply to goods purchased knowing that they are defective.
The manufacturer or seller is required to place a label on the defective product or its packaging, clearly legible to the consumer, stating “defective.” This label is not required in locations where only defective products are sold or where a section, such as a floor or section, is regularly dedicated to the sale of defective products, readily apparent to the consumer. The defective nature of the product must be documented on the invoice, receipt, or sales document provided to the consumer.
Unsafe products cannot be placed on the market, even with a defective label. The provisions of Law No. 4703 on the Preparation and Implementation of Technical Legislation on Products apply to these products.
These provisions also apply to all consumer transactions related to the sale of goods.
Exceptional
The provisions of the articles in this distance selling contract, which provide legal protection to consumers arising from the Consumer Protection Law No. 6502, will only be valid in cases where the buyer is a Consumer; in cases where the buyer does not meet the definition of Consumer in Law No. 6502, the relevant articles will not be valid between the parties.
