Terms & Conditions
ARTICLE 1 - PARTIES 1.1. SELLER: Özkaya Gıda Turizm Elektronik Sanayi Ticaret Ltd. Şti. Teyyaredüzü Mah. Yeşim Sk. No:33 Merkez/GİRESUN Tel No: +90 454 215 00 01 Fax No: +90 454 215 00 02 Email: [email protected] MERSİS: — KEP: — 1.2- BUYER: Name/Surname/Title: {{customer.namesurname}} Email: {{customer.email}}
ARTICLE 2 - SUBJECT The subject of this contract is the determination of the rights and obligations of the parties, in accordance with the provisions of Law No. 4077 on the Protection of Consumers and the Regulation on the Principles and Procedures for the Implementation of Distance Contracts, regarding the sale and delivery of the product, the specifications and sales price of which are specified below, which the BUYER ordered electronically from the SELLER's halisfindik.com website.
ARTICLE 3 - PRODUCT SUBJECT TO THE CONTRACT 3.1 - The type and kind of products, quantity, brand/model, color, and sales price including taxes (as unit x unit price) are as follows. {{musteri.siparis.urunler}} 3.2 - Payment Method: {{musteri.siparis.odemetip}} If you are placing an order with a credit card in installments: Your bank may organize campaigns and apply a higher number of installments than the number of installments you have selected, and services such as installment deferral may be offered. Such campaigns are at the discretion of your bank, and information about these campaigns is provided on our pages if our company is aware of them. Starting from the statement date of your credit card, the order total will be divided by the number of installments and reflected on your credit card statement by your bank. The bank may not distribute the installment amounts equally across the months, taking into account fractional differences. The creation of your detailed payment plan is at the discretion of your bank. 3.3- On the other hand, since the forward sales are made only with credit cards of banks, the BUYER accepts, declares and undertakes that it will separately confirm the relevant interest rates and default interest information from its 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 provisions of the legislation in force. Return Procedure: A) CREDIT CARD REFUND PROCEDURE In cases where the BUYER exercises his right of withdrawal or the product in question cannot be supplied for various reasons or in cases where a refund is decided to be made to the Consumer by the decisions of the Arbitration Committee, if the purchase was made by credit card and in installments, the credit card refund procedure is as follows: The Bank makes the refund to the Customer in installments, depending on how many installments our Customer purchased the product. After the SELLER pays the full product price to the Bank in one lump sum, in the event that the installment expenses made from the Bank POS are refunded to our Customer's credit card, the requested refund amounts are transferred to the holder's accounts in installments by the Bank in order to prevent the parties involved in the matter from being victimized. The installment amounts paid by the Customer until the sale is cancelled, if the return date and the card's statement date do not coincide, one refund will be reflected on the card each month and the Customer will return the installments paid before the return after the sale installments are completed, before the return. The number of installments paid will be credited for another month and will be deducted from the existing debts. In case of a return of goods and services purchased with the card, the SELLER cannot pay the Customer in cash in accordance with the agreement made with the Bank. In case of a return, the member business, i.e. the SELLER, will make the refund through the relevant software. Since the member business, i.e. the SELLER, is obliged to pay the relevant amount to the Bank in cash or on offset, cash payment cannot be made to the Customer according to the procedure explained above. The refund to the credit card will be made by the Bank in accordance with the above procedure after the SELLER makes a one-time payment to the Bank. The BUYER accepts and agrees to have read and accepted this procedure. B) REFUND PROCEDURE FOR PAYMENT ON DOOR AND MONEY ORDER/EFT PAYMENT OPTIONS In payment on door and Money Order/EFT payment options, the refund will be made by bank account information from the Consumer and will be made to the account specified by the Consumer (the account must be in the name of the person at the billing address or in the name of the user member) by Money Order or EFT.3.4- Delivery Method and Address: Person to be Delivered: {{customer.siparis.teslim.namesurname}} Contact Information of Person to be Delivered: {{customer.siparis.teslim.tel}} Delivery Address: {{customer.siparis.teslim.address}} Invoice Address: {{customer.siparis.invoice.address}} Delivery will be hand-delivered to the BUYER's address specified above via the cargo company ({{customer.siparis.teslim.cargo.firma}}). Even if the BUYER is not at the address at the time of delivery, the SELLER will be deemed to have fulfilled its obligation fully and completely. Therefore, all kinds of damages arising from the BUYER's late receipt of the product, as well as the expenses incurred due to the product's waiting at the cargo company and/or the return of the cargo to the SELLER, belong to the BUYER. Shipping Fee: {{musteri.siparis.teslim.kargo.ucret}}. The shipping fee is added to the total order amount and paid by the customer. It is not included in the product price. {{musteri.siparis.fatura.gonderimtipi}}
ARTICLE 4 - GENERAL PROVISIONS 4.1 - The BUYER declares that they have read and are familiar with the basic characteristics, sales price, payment method, and preliminary delivery information regarding the product subject to the contract on the halisfindik.com website, and have provided the necessary confirmation electronically. 4.2 - The product subject to the contract will be delivered to the BUYER or the person/entity at the address specified by the BUYER within the period specified in the preliminary information on the website, depending on the distance from the BUYER's residence for each product, provided that it does not exceed the legal 30-day period. 4.3 - If the product subject to the contract is to be delivered to a person/entity other than the BUYER, the SELLER cannot be held responsible if the person/entity to be delivered does not accept delivery. 4.4- The SELLER is responsible for delivering the contract product in good condition, complete, in accordance with the specifications specified in the order, and with warranty documents and user manuals, if any. 4.5- For the delivery of the contract product, a signed copy of this contract must be delivered to the SELLER and the price must be paid using the payment method preferred by the BUYER. If the product price is not paid for any reason or is canceled in bank records, the SELLER will be deemed to have been released from its obligation to deliver the product. 4.6- If the relevant bank or financial institution does not pay the price of the product to the SELLER due to unauthorized or illegal use of the BUYER's credit card by unauthorized persons not due to the BUYER's fault after delivery of the product, the product must be returned to the SELLER within 3 days, provided that it has been delivered to the BUYER. 4.7- Products sold with or without a warranty certificate that are defective or damaged (defective) can be sent to the SELLER for necessary repairs by an authorized service center under warranty conditions. In this case, the shipping costs will be covered by the SELLER.
ARTICLE 5 - RIGHT OF WITHDRAWAL: The BUYER has the right to reject the goods within seven days of the delivery of the contracted product to the BUYER or the person/entity at the address provided. The price of the product will be refunded to the BUYER within ten days of the date the consumer's notice of withdrawal reaches the SELLER. (See Article 9/2 of the Regulation on Distance Contracts). The shipping costs of products returned due to the right of withdrawal will be covered by the SELLER. The consumer has the right to reject the goods or service within seven days of the date the goods were received or the contract was signed, without assuming any legal or criminal liability and without providing any justification. We undertake to take back the goods upon receipt of the notice of withdrawal by the SELLER or the supplier. In accordance with the general communiqué of Tax Procedural Law No. 395, in order for returns to be processed, the relevant sections of the invoice we sent you, which includes the return section, must be completely completed and, after being signed, returned to us along with the product. However, since our customers do not pay VAT on their orders for shipments within the TRNC and internationally, they are responsible for paying the taxes on the products they receive at customs. Customers do not have the right of withdrawal for products that are not received at customs in any way. This is because, in accordance with Article 8 of the REGULATION ON THE APPLICATION PROCEDURES AND PRINCIPLES OF DISTANCE CONTRACTS, the consumer has the right to withdraw from the contract by rejecting the goods within seven days of receipt, without assuming any legal or criminal liability and without providing any justification.
ARTICLE 6 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED: The right of withdrawal cannot be exercised for products that cannot be returned due to their nature, single-use products, copyable software and programs, products that deteriorate rapidly or have expired. For the following products, exercising the right of withdrawal is contingent on the product's packaging being unopened, intact, and unused. -Portable and Desktop Computers (Returns will not be accepted after the original operating system is installed, i.e., after the computer is set up.) -All kinds of software and programs -DVDs, VCDs, CDs, and cassettes -Computer and stationery consumables (toner, cartridges, ribbons, etc.) -All kinds of cosmetics -Phone top-up orders -Products that cannot be returned due to their nature (excluding cases where the product is defective or faulty, products that may pose a health hazard after opening, e.g., products that require direct contact with the body during use (in-ear or over-ear headphones, etc.), disposable products, copyable software and programs, products that deteriorate rapidly or have expired, and return is not possible.
ARTICLE 7 - DEFAULT PROVISIONS If the parties fail to fulfill their obligations under this agreement, the provisions of Articles 106-108 of the Code of Obligations regarding the Debtor's Default shall apply. In cases of default, either party shall be liable to return the goods. If the obligations are not fulfilled within the specified time without justified cause, the other party shall grant the non-performing party a 7-day period to fulfill the obligation in question. If the obligations are not fulfilled within this period, the non-performing party shall be deemed to be in default, and the creditor shall have the right to demand the delivery of the goods and/or termination of the contract and a refund of the price. In accordance with the last paragraph of Article 9 of the Regulation on Distance Contracts, if the SELLER halisfindik.com is unable to fulfill its contractual obligations by claiming that the fulfillment of the ordered goods or services has become impossible (the product cannot be supplied by the supplier at all), it undertakes to notify the consumer of this situation before the expiration of the contractual obligation. In this case, Özkaya Gıda has the right to terminate the contract immediately and undertakes to return the price of the product ordered by the Customer and all documents, if any, that entail debt. If halisfindik.com cannot deliver the product subject to this contract within the specified time due to force majeure or extraordinary events such as adverse weather conditions, transportation interruptions, fire, earthquake, or flood that may prevent it from fulfilling this obligation, the BUYER acknowledges that halisfindik.com has no liability and may exercise its right to cancel the order or postpone the delivery until the hindering situation is resolved. If the BUYER cancels the order, the amount paid will be refunded to the BUYER within 10 days. (For installment purchases made by credit card, the BUYER accepts the above procedure for refunding the credit card.)
ARTICLE 8 - AUTHORIZED COURT: Consumer Arbitration Committees and the Consumer Courts in the BUYER's or SELLER's place of residence shall have jurisdiction in the enforcement of this contract, up to the value declared by the Ministry of Industry and Trade. If the order is placed, the BUYER is deemed to have accepted all the terms of this contract. SELLER: Özkaya Gıda Turizm Elektronik Sanayi Ticaret LTD. ŞTİ. BUYER : {{customer.namesurname}} DATE : {{customer.order.date}}