ONLINE SALES AGREEMENT
1. SUBJECT
The subject of this contract is to determine the rights and responsibilities of the parties according to the Law on Consumer Protection No. 6502, the Regulations on Distance Contracts Practice Principle and Procedures, and the provisions of this contract, as they relate to the sale and delivery of products whose attributes and sales price are outlined below, which the BUYER has ordered electronically from the website www.balparmak.com.tr, which belongs to the SELLER.
2. SELLER INFORMATION
Company : ALTIPARMAK GIDA SANAYİ VE TİCARET ANONİM ŞİRKETİ
Address : MERKEZ MAHALLESİ ÇAVUŞBAŞI CADDESİ 70, ÇEKMEKÖY 34782 ISTANBUL, TURKEY
Fax : 0 (216) 641 30 30
Telephone: 0 (216) 643 02 02
3. BUYER INFORMATION (Will be referred to as BUYER from here on)
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This information consists of the type, amount, make/model, color, count, sales price, and payment method of the Goods / Products / Services at the time order was finalized. This information may differ without notifying the BUYER.
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5. GENERAL PROVISIONS
5.1The BUYER, upon confirming this agreement online, will have confirmed that the information that the SELLER must supply the Consumer before the closure of the distance contracts, such as address, the basic attributes of the products that were ordered, and the prices of the products, which include tax, as well as the payment and shipping information is correct and complete,
5.2 The product subject to the agreement will be shipped to the BUYER or the person/corporation at the address shown within the time period outlined in the preliminary information on the website as it pertains to the distance of the BUYER’s residence for each product, with the condition that it will not exceed the statutory 30 days. Any shipping charges related to the delivery shown in Article 3 will be paid by the BUYER, and will be reflected under “Delivery Charge” in the invoice related to the order.
5.3 If the product subject to the agreement is delivered to a person/corporation other than the BUYER, the SELLER shall not be held responsible, as the said person/corporation did not agree to the delivery.
5.4 The SELLER will not be held responsible for the shipping company encountering any kind of problem while delivering the product to the BUYER, as the product that was ordered was unable to be delivered to the BUYER. In the event the package is damaged, the damaged packages shall not be received and a report must be filed with a shipping company agent. If the shipping company agent does not think the package is damaged, the BUYER has the right to open the package there and have the agent make sure the products have been delivered undamaged, and to request that the situation be established through yet another report. It shall be acknowledged that the shipping company will have completely fulfilled its duty after the package is received by the BUYER. If the package is not accepted and a report is filed, the situation must be reported to the SELLER’s customer services department as soon as possible along with the copy of the report retained by the BUYER.
5.5 The SELLER is responsible for shipping the product subject to the agreement intact, complete, and in conformity with the attributes stated in the order, and if applicable, accompanied by warranties and instructions for use.
5.6 The SELLER may supply a different product of equal quality and price to the BUYER, under the condition that there is a justified reason, before the period of the fulfillment obligation stipulated in the agreement expires. If the SELLER cannot ship the product subject to the agreement within the time period for compelling reasons or due to situations that prevent transport, such as adverse weather conditions, disruption of transportation, or stock/crop shortages, the SELLER is obligated to inform the BUYER of the situation. In this case, the BUYER may exercise the right to cancel the order, exchange the product subject to the agreement for a similar one if available, and/or postpone the shipping period until the impeding situation is resolved. In such a situation, the BUYER will not have the right to any kind of additional financial or emotional damages. If the BUYER cancels the order, the amount he/she paid shall be paid to him/her outright and in cash within 10 days. The SELLER is not responsible for delays resulting from the bank that is handling the return transaction.
5.7 In order for the product subject to the agreement to be delivered, a signed copy of this agreement must be delivered to the SELLER, or an electronic verification of this agreement, and the price must be paid using the method preferred by the BUYER. If for whatever reason the price of the product is not paid, or if it has been cancelled in the bank records, the SELLER is absolved from any obligation to deliver the product.
5.8 The BUYER accepts and promises that the credit card information entered into the system while making the purchase is accurate, and that all legal and criminal responsibility that may arise from using this credit card falls to him/her. After the delivery of the product, if the bank or financial institution does not pay the SELLER the price of the product due to the BUYER’s credit card being misused or used illegally by unauthorized persons in a manner that was no fault of the BUYER, the product must be sent back to the SELLER within 3 days, provided that the product was delivered to the BUYER. In this case, the shipping expenses are the responsibility of the BUYER. In the event that the price of the product is not received from the credit card for whatever reason or the price of the product is returned to the credit card, if the BUYER does not send back the product, the BUYER accepts and promises that the price of the product will be transferred to the bank account of the SELLER without notification,
5.9 Credit awarded to customers by the SELLER through sales campaigns is only valid for shopping. This credit cannot be refunded, even if the product is returned. In the case of payments made by the BUYER using a credit card, the product total will be returned to the relevant bank within 7 days after the SELLER cancels the order. The BUYER accepts in advance that after this amount is returned to the bank, it will not be possible for the SELLER to intervene in any way regarding possible delays, as the returned amount being reflected in the BUYER’s account is completely contingent on the transaction process of the bank. The BUYER also accepts in advance that it may take approximately 2 to 3 weeks for the bank to reflect in the BUYER’s account the amount returned to the credit card by the SELLER.
5.10 The parties accept and declare that all hardware system records belonging to the SELLER shall be taken as the sole and genuine exclusive evidence, according to article 193 of the HMK and these records constitute an evidential agreement. According to this membership agreement, the SELLER is authorized to send notification emails to members’ registered email addresses and notification SMS messages to members’ mobile phones, and by approving this membership agreement, members have agreed to receive notification emails to their email addresses and notification SMS texts to their mobile phones.
This contract becomes valid after it is approved electronically by the BUYER (after membership is verified) and is delivered to www.balparmak.com.tr
6. FATURA BİLGİLERİ
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Delivery of Invoice: The invoice will be delivered to the billing address with the order upon order delivery.
7. RIGHT OF WITHDRAWAL
The BUYER has the right of withdrawal within 14 days from the date the product subject to the agreement was delivered to the BUYER or to the person/corporation at the address indicated, without giving any reason. However, no returns are accepted on sales and promotion products, or on products specially prepared for, offered for sale to, or imported for the BUYER for certain days, such as New Years, Eid holidays, and Mother’s Day; the BUYER proceeds with the purchase acknowledging these terms. In order for the right of withdrawal to be exercised, the SELLER must be notified within the 14-day period by fax or email, and the product must not be used or opened as per the provisions in Article 6 of this agreement. When exercising this right,
a) The invoice of the product delivered to a 3rd party or to the BUYER, (If the product invoice requested to be returned is corporate, it must be sent with a return invoice prepared by the corporation. In the event that the RETURN INVOICE is not issued, order returns with an invoice prepared on behalf of corporations will not be completed)
8. PRODUCTS FOR WHICH RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The ability to exercise the right of withdrawal is dependent on the condition that the product packaging or safety band has not been opened, that no modifications have been made, that the product is not deformed and that the product’s original design has not been destroyed. The right of withdrawal cannot be exercised on products whose attributes make it not suitable to return, on products that are at risk of quickly spoiling, or on products whose expiration dates have the potential to expire.
9. DEFAULT OF DEBTOR
If the BUYER defaults, the BUYER agrees to pay the SELLER’s damages and losses arising from the delayed fulfillment of the debt. In cases where the BUYER’s default is the fault of the SELLER, the BUYER will not be required to cover any damages and losses.
10. APPLICABLE LAW and AUTHORIZED COURT
In implementing this agreement, with Turkish Law and its statutes being in effect, the Consumer Arbitration Committees and Consumer Courts in the vicinity of where the BUYER lives and purchased the goods or services have jurisdiction if the value is below the value declared by the Ministry of Industry and Trade. If the value exceeds the declared value, then the court and enforcement offices where the SELLER lives have jurisdiction.
The SELLER may direct complaints and objections to the arbitration committee for consumer problems or the consumer court where the goods or services were bought or where he/she lives within the monetary limits determined every year in December by the Turkish Ministry of Industry and Trade. See below for information concerning monetary limits: Valid as of 1/1/2018:
a) In the 5th and 6th paragraphs of Article 22 Law No. 4077 on Consumer Protection, the upper monetary limit beholden to the rulings of the consumer problems arbitration committees, or the lower monetary limit that will be heard in the consumer courts, is 5,650.00TL
b) In the third paragraph of Article 5 of the Consumer Problems Arbitration Committees Bylaws published in Official Gazette No. 25186 on 1/8/2003, the lower monetary limit in provinces that have metropolitan status for which the acting provincial arbitration committees with have the authority and duty of handling disagreements is 8,480.00 TL.
SELLER
ALTIPARMAK GIDA SANAYİ VE TİCARET ANONİM ŞİRKETİ
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