DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement has been signed between the parties below within the framework of the terms and conditions specified below.
A. ‘BUYER’; Real or legal person whose title/name and other information are given above (hereinafter referred to as "BUYER" in the agreement)
B. ‘SELLER’; (hereinafter referred to as "SELLER" or "Kinocha Matcha" in the agreement)
RAVLİK GIDA İTHALAT İHRACAT SANAYİ VE TİCARET ANONİM ŞİRKETİ
ADDRESS: Güzeltepe mah. Hoşdere Caddesi 216/4 06690 Çankaya/Ankara
PHONE: 0312 441 74 84
FAX: 0312 441 74 86
E-MAIL: info@kinochamatcha.com
ANKARA TRADE REGISTRY OFFICE 534027
SEĞMENLER TAX OFFICE 733 130 2927
MERSİS: 0733130292700001
By accepting this agreement, the BUYER acknowledges in advance that if they approve the order subject to the agreement, they will be obliged to pay the price of the order and any additional fees such as shipping costs, taxes, etc., and that they have been informed about this matter.
2. DEFINITIONS
In the application and interpretation of this agreement, the terms written below shall refer to the written explanations opposite them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than the provision of goods, made or promised to be made for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf or account of the goods provider,
BUYER: The real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The SELLER's website,
ORDERER: The real or legal person who requests a good or service through the SELLER's website,
PARTIES: SELLER and BUYER,
AGREEMENT: This agreement concluded between the SELLER and the BUYER,
GOODS: Refers to movable goods subject to trade and intangible goods such as software, audio, video, and similar items prepared for use in electronic environment.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualities and sales price are specified below, which the BUYER has ordered electronically through the SELLER's websites or websites affiliated with the SELLER.
The prices listed and advertised on the site are sales prices. Advertised prices and promises are valid until updated and changed. Prices advertised for a limited period are valid until the end of the specified period.
4. SELLER INFORMATION
Title RAVLİK GIDA İTHALAT İHRACAT SANAYİ VE TİCARET ANONİM ŞİRKETİ
Address Güzeltepe mah. Hoşdere Caddesi 216/4 06690 Çankaya/Ankara
Phone +90312 441 74 84
Fax +90312 441 74 86
Email info@kinochamatcha.com
5. BUYER INFORMATION
Entered by the BUYER above.
6. INFORMATION ABOUT THE PRODUCT/PRODUCTS SUBJECT TO THE AGREEMENT
6.1. The basic characteristics (type, quantity, brand/model, content, number) of the goods/product(s) are published on the SELLER's website. If the SELLER has organized a campaign, you can examine the basic characteristics of the relevant product during the campaign period. The campaign is valid until the end of the campaign period.
6.2. The prices listed and advertised on the site are sales prices. Advertised prices and promises are valid until updated and changed. Prices advertised for a limited period are valid until the end of the specified period.
6.3. The sales price of the good or service subject to the contract, including all taxes, is shown above.
6.4. The shipping cost, which is the product shipment expense, will be paid by the BUYER.
6.5. We make every effort to accurately represent our products and services in our online stores. However, due to the type of device you use to access the store and the settings and configuration of your device, colors or product appearance may differ from what you see on your screen.
6.6. We do not warrant that the appearance or quality of any product or service you purchase will meet your expectations or be as displayed or presented in our online stores.
6.7. All product descriptions are subject to change at any time without prior notice by us and at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products we offer on a case-by-case basis by person, geographic region, or jurisdiction.
7. ORDERS
7.1. When you place an order, you are making an offer to purchase. Kinocha Matcha reserves the right to accept or reject your order for any reason, at its sole discretion. Your order will not be considered accepted until Kinocha Matcha issues an acceptance confirmation. We must receive and process your payment for your order to be accepted. Please review your order carefully before submitting it. After an order is accepted, Kinocha Matcha may not be able to accommodate cancellation requests. If we do not accept, modify, or cancel your order, we will attempt to notify you via the email, billing address, and/or phone number provided when the order was placed.
7.2. Your purchases may only be subject to return or exchange under our Return Policy and this Agreement.
7.3. You declare and warrant that your purchases are for your personal or household use, and not for commercial resale or export.
8. PRICES AND BILLING
8.1. Prices, discounts, and promotions are subject to change without prior notice. The fee charged for a product or service will be the current price at the time the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, the stated prices do not include taxes, shipping, handling, customs, or import fees.
8.2. Prices listed in our online stores may differ from prices offered in physical stores or online or other stores operated by third parties. We may offer promotions on the Services from time to time that may affect prices and are subject to terms and conditions separate from these Terms. In case of a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.
8.3. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made from our stores. You agree to promptly update your account information and other details, such as your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
(i) You declare and warrant that the credit card information you provide is accurate, complete, and correct, (ii) you have the authority to use this credit card for the purchase, (iii) the expenses incurred by you will be approved by your credit card company, and (iv) you will pay the expenses according to the stated prices, including shipping and handling fees and all taxes, if any.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares, and undertakes that they have read and understood the preliminary information regarding the basic characteristics, sales price, payment method, and delivery of the product subject to the contract on the SELLER's website, and that they have provided the necessary confirmation electronically. The BUYER accepts, declares, and undertakes that by confirming the Preliminary Information electronically, they have obtained accurate and complete information about the SELLER's address, the basic characteristics of the ordered products, the price of the products including taxes, and payment and delivery information, which must be provided to the BUYER by the SELLER before the distance sales contract is established. All obligations of the SELLER arising from this Agreement begin with the BUYER paying the determined Product/Goods/Service price in full and completely.
9.2. Each product subject to the contract shall be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the Contract completely, in accordance with the specifications stated in the order, free from any defects, in accordance with legal regulations, standards, and in an accurate and honest manner, to maintain and improve service quality, to show due care and diligence during the performance of the work, to publish information about the use of the product on the website, and to act with caution and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit consent before the expiration of its performance obligation arising from the contract.
9.5. If the SELLER cannot fulfill its contractual obligations due to the impossibility of performing the product or service subject to the order, it accepts, declares, and undertakes to notify the consumer in writing within 3 days from the date it learns of this situation and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER accepts, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that the SELLER's obligation to deliver the product subject to the Agreement will cease if the price of the product subject to the Agreement is not paid and/or is canceled in bank records for any reason.
9.7. The BUYER accepts, declares, and undertakes that if the product price is not paid to the SELLER by the relevant bank or financial institution due to the unauthorized use of the BUYER's credit card by unauthorized persons after the delivery of the product subject to the contract to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER will return the product subject to the contract to the SELLER within 3 days, with the shipping costs borne by the SELLER.
9.8. If the SELLER cannot deliver the product subject to the contract within the specified time due to force majeure events such as unforeseen events beyond the will of the parties that prevent and/or delay the parties from fulfilling their obligations, the SELLER accepts, declares, and undertakes to notify the BUYER of this situation. The BUYER also has the right to request from the SELLER to cancel the order, replace the product subject to the contract with a similar one if available, and/or postpone the delivery period until the obstructive situation is eliminated. In the event the BUYER cancels the order, for payments made by cash, the product amount is paid back in cash and in full within 14 days. For payments made by credit card, the product amount is refunded to the relevant bank within 14 days after the order is cancelled by the BUYER. The BUYER accepts, declares, and undertakes that the average period for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and that the reflection of this amount in the BUYER's accounts after its return to the bank is entirely related to the bank's processing period, therefore, the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to contact the BUYER for communication, marketing, notification, and other purposes through letters, e-mails, SMS, phone calls, and other means via the address, e-mail address, fixed and mobile phone lines, and other contact information provided by the BUYER in the registration form on the site or updated later by them. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the communication activities mentioned above targeting them.
9.10. The BUYER shall inspect the goods/services before receiving them; they shall not receive damaged or defective goods/services such as dented, broken, or with torn packaging from the cargo company. Received goods/services shall be deemed to be undamaged and sound. After delivery, the obligation to carefully protect the goods/services belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/services must not have been used. The invoice must be returned.
9.11. If the credit card holder used during the order and the BUYER are not the same person, or if a security vulnerability related to the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may request the BUYER to provide identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the cardholder's bank confirming that the credit card belongs to them. The order will be suspended during the period until the BUYER provides the requested information/documents, and if these requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided while registering on the SELLER's website is true, and that they will immediately, in cash and in full, compensate the SELLER for all damages incurred due to the inaccuracy of this information, upon the SELLER's first notification.
9.13. The BUYER accepts and undertakes from the outset to comply with legal regulations and not to violate them while using the SELLER's website. Otherwise, all legal and criminal obligations arising therefrom shall bind the BUYER entirely and exclusively.
9.14. The BUYER cannot use the SELLER's website in any way that disrupts public order, is contrary to general morality, disturbs or harasses others, for an illegal purpose, or infringes upon the material and moral rights of others. In addition, members cannot engage in activities (spam, viruses, trojans, etc.) that prevent or make it difficult for others to use the services.
9.15. Links to other websites and/or other content not under the SELLER's control and/or owned and/or operated by other third parties may be provided through the SELLER's website. These links are placed to facilitate navigation for the BUYER and do not imply endorsement of any website or the person operating that site, nor do they constitute any guarantee for the information contained in the linked website.
9.16. Any member who violates one or more of the articles listed in this agreement shall be personally responsible criminally and legally due to this violation, and shall keep the SELLER free from the legal and criminal consequences of these violations. In addition; in the event of this violation being brought to the legal sphere, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. In the case of distance contracts for the sale of goods, the BUYER may exercise their right of withdrawal from the contract by rejecting the goods without incurring any legal or criminal liability and without stating any reason, provided that they notify the SELLER within 14 (fourteen) days from the date of delivery of the product to them or to the person/organization at the address they indicated. For distance contracts regarding the provision of services, this period begins from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the consumer's consent before the right of withdrawal period expires. The costs arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this agreement, the BUYER acknowledges that they have been informed about the right of withdrawal in advance.
10.2. To exercise the right of withdrawal, a written notification must be sent to the SELLER via registered mail with return receipt, fax, or e-mail within 14 (fourteen) days, and the product must not have been used within the framework of the "Products for which the Right of Withdrawal Cannot Be Used" provisions regulated in this agreement. If this right is exercised,
a) The invoice for the product delivered to the 3rd person or the BUYER, (If the invoice for the product to be returned is corporate, it must be sent along with the return invoice issued by the institution. Order returns issued for institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, along with their box, packaging, and standard accessories, if any.
d) The SELLER is obliged to return the total amount and the documents that put the BUYER in debt to the BUYER within 10 days at the latest from the date the withdrawal notification reaches him, and to take back the goods within 20 days.
e) If there is a decrease in the value of the goods due to a fault of the BUYER or if return becomes impossible, the BUYER is obliged to compensate the SELLER's damages in proportion to his fault. However, the BUYER is not responsible for changes and deterioration that occur due to the proper use of the goods or product within the right of withdrawal period.
f) If the campaign limit amount set by the SELLER falls below due to the exercise of the right of withdrawal, the discount amount benefited from within the scope of the campaign is cancelled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
Products prepared in line with the BUYER's wishes or explicit personal needs and which are not suitable for return, single-use products, products that are at risk of rapid spoilage or whose expiry date may pass, especially food, beverages or ingredients used in their production, which are not suitable for return for health and hygiene reasons if their packaging is opened by the BUYER after delivery to the BUYER, cannot be returned according to the Regulation if opened by the BUYER. Furthermore, it is not possible to exercise the right of withdrawal for services whose performance has begun with the consumer's consent before the right of withdrawal period expires, as per the Regulation.
12. DEFAULT AND LEGAL CONSEQUENCES
In the event that the BUYER defaults on payment when making payments with a credit card, the BUYER accepts, declares and undertakes that he will pay interest within the framework of the credit card agreement with the cardholder bank and will be responsible to the bank. In this case, the relevant bank may resort to legal remedies; may demand the expenses and attorney's fees incurred from the BUYER, and in any case, if the BUYER defaults on his debt, the BUYER accepts, declares and undertakes that he will pay the loss and damage suffered by the SELLER due to the delayed performance of the debt.
13. AUTHORIZED COURT
In disputes arising from this contract, complaints and objections will be made to the consumer arbitration committee or consumer court at the consumer's place of residence or where the consumer transaction took place, within the monetary limits specified in the law. In cases where the BUYER does not have the status of a consumer, the Law, Regulation and consumer-related legislation will not be applied, and the Ankara Enforcement Offices and Courts are authorized.
This Agreement is made for commercial purposes.
14. EFFECTIVE DATE
The BUYER is deemed to have accepted all terms of this contract when he makes the payment for his order placed through the Site or when he digitally approves this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is placed.