DISTANCE SALES CONTRACT
ARTICLE 1 - PARTIES
1.1 THE SELLER
Trade Name: INCOMMON GIDA SANAYI VE TICARET A.S.
Address: SARISU MAH. 150 Sokak 15/B KONYAALTI / ANTALYA
Telephone: 0537 977 49 66
Product Return Address: SARISU MAH. 150 Sokak 15/B KONYAALTI / ANTALYA
1.2 THE BUYER
ARTICLE 2 - SUBJECT
As per the provisions of the Law on the Protection of Consumers and the Regulation on the Principles and Procedures Concerning the Performance of Distant Contracts, this contract intends to establish the rights and liabilities of the parties as regards to the sales and the delivery of the product with the qualities and prices given below which will be ordered by the BUYER electronically on www.incommon.coffee, the website of the SELLER.
ARTICLE 3 - CONTRACT PRODUCT
The Type, Kind, Brand/Model, Colour, Sales Price and the Delivery Information of the products are as follows.
EXPLANATION | PIECES | PRICE (INC. VAT) | SUBTOTAL
Ordering and delivery prices:
ARTICLE 4 - GENERAL PROVISIONS
4.1 The BUYER undertakes that it has been informed about and has read the basic qualities of the product on www.incommon.coffee, the price including all the taxes, terms of payment, terms and times of delivery, the trade name and the address and the contact information of the SELLER. The BUYER also agrees that the delivery costs shall be covered by the BUYER and that it has granted the necessary electronic confirmation as regards to the foregoing.
Upon such electronic confirmation, the BUYER undertakes that, before the execution of the distance contract, it has acquired the information concerning the address, basic product properties, price including all the taxes, payment and delivery accurately and as complete as they shall be provided to the Consumer by the SELLER.
The parties hereby agree and undertake that they accept and shall comply with the provisions of the Law no. 4077 on the Protection of the Consumer and of the Regulation on Distance Contracts which was published on the Official Gazette no. 27866 dated 06.03.2011.
4.2 Depending on the distance of the address of the BUYER, the product under this contract shall be delivered to the BUYER or the person/institution authorized by the former within the time specified in the preliminary information on the website provided that such delivery does not exceed 30 days as of the date of order. The delivery cost specified under Article 3 shall be covered by the BUYER and indicated as “Delivery Cost” on the invoice issued for a relevant order.
4.3 If the product under this contract is to be delivered to a person/institution authorized by the BUYER, the SELLER cannot be held responsible for the rejection of the product by such persons.
4.4 Similarly, the SELLER cannot be held responsible for the failure to deliver the product to the BUYER as a result of any and all issues incurred by the courier company during the handover of the product to the BUYER.
4.5 The SELLER is liable to deliver the product under this contract in full and good condition and as specified in the order. The SELLER shall also provide certificates of warranty and user’s manuals, if any.
4.6 The SELLER may supply another product with a similar quality and the same price before the expiration of the contractual liability provided that such delivery is based on a valid reason.
4.7 In case the SELLER fails to meet its contractual liabilities due to the impossibility of supplying the product or service according to an order, it shall inform the BUYER before the expiration of its performance liability. In this case, the SELLER may provide another product with similar quality and the same price if such is in stock.
4.8 The SELLER reserves the right to supply another product with the same quality and price in order to be able to perform its contractual liabilities in case it may be impossible for the SELLER to perform the order and/or service until the end of the campaign period. Nevertheless, the Consumer agrees that the SELLER also reserves the right to return the product price in case the purchased product is not available in stock and the SELLER informs the Consumer that it is not possible to procure it before the end of the performance period. In the latter case, the Consumer will not be able to claim another product with the same quality and price instead of return upon being informed that the product is not in stock.
4.9 In order for the delivery to take place, the signed copy of this contract shall be conveyed to the SELLER and the price shall be transferred through a method preferred by the BUYER. In case the product price is not paid or bank transfer is cancelled due to any reason, the SELLER shall be deemed to have been relieved from the delivery liability.
4.10 In case the credit card, bank card, debit card and/or ininal card of the BUYER and the other payment methods provided on the website are abused iniquitously or illegally by unauthorized people after the delivery of the product and out of not fault of the BUYER and, therefore, the relevant bank or financial institution does not transfer the product price to the SELLER, the BUYER shall return a delivered product to the SELLER within 3 days. In these circumstances, the costs of return shall be covered by the BUYER.
4.11 In case the SELLER cannot deliver the product under this contract due to force majeure, adverse weather conditions, interruption of transportation or any other extraordinary condition which may prevent delivery, the SELLER shall inform the BUYER of such conditions. If the BUYER cancels an order due to such circumstances, the paid amount shall be returned in cash and at once within 10 days.
However, the same shall be returned within 7 days following cancellation in case the payment is made with a credit card, bank card and/or debit card or through any other payment method provided on the website. As regards to the payments made with ininal card, the product amount shall be returned to the card within 24 hours after the relevant order is cancelled by the BUYER. After the return of such amount to a bank and/or ininal card, the transfer of it to the accounts of the BUYER concerns only the bank and/or ininal card procedures. The SELLER has no chance to intervene with such procedures.
4.12 The articles herein have been read and accepted by the Buyer and the Seller. This contract shall enter into force upon the electronic confirmation by the Buyer.
ARTICLE 5 - RIGHT OF WITHDRAWAL
The BUYER has the right to withdrawal without submitting a reason within 14 days after the product under this contract is delivered to the BUYER or any other assigned person/institution. The BUYER can execute the right to withdrawal only if the SELLER is informed of such intention via facsimile, telephone or e-mail within 14 days, the product is not used as specified under Article 6 and the product is in appropriate condition for resale. In case the BUYER resorts to execute the right of withdrawal,
a. The product invoice delivered to the BUYER or any other third person (in case the invoice is issued to a corporation, this invoice shall be returned together with the return invoice issued by the company. If the invoice is issued to a corporate, the process will not be fulfilled as long as a RETURN INVOICE is not delivered.)
b. Return slip,
c. The packaging and, if any, the standard accessories of the products to be returned within 14 days shall be redelivered in complete and as free from any defects. The product price will be returned to the BUYER within 7 days upon the acceptance of the such documents by the SELLER.
The SELLER shall cover the costs of redelivery of the products returned due to any reason.
While redelivering the product to the SELLER, the original invoice issued to the BUYER shall also be returned to the former so that the SELLER may maintain consistency in accounting records. In case the original invoice is not returned to the SELLER together with the product or, at the latest, within 5 days following the redelivery of the product, the redelivery process will not be fulfilled and the product will be resent to the BUYER as cash on delivery. The invoice to be returned with the product shall bear the “return invoice” phrase and shall be signed by the BUYER.
ARTICLE 6 - PRODUCTS WITHOUT RIGHT OF WITHDRAWAL
10.1. As long as the distance contract concerns a product sale, the BUYER may reject the product and execute the right of withdrawal from the contract without submitting any reason or incurring any legal or penal responsibility provided that such product is returned within 14 (fourteen) days following the delivery to the BUYER or any assigned person/institution and the SELLER is informed thereto. In case the distance contract concerns a service, such period commences as of the date of execution thereof. Right of withdrawal cannot be executed in service contracts where performance commences with the approval of the consumer before the end of the period of the right of withdrawal. The costs arising out of the execution of the right of withdrawal shall be covered by the SELLER. By accepting this contract, the BUYER hereby agrees that it has been informed of the right of withdrawal.
10.2. In order to execute the right of withdrawal, the SELLER shall be informed in written of such intention within 14 (fourteen) days via registered mail, facsimile or e-mail and the product to be redelivered shall be unused as specified under “Products Without Right of Withdrawal” herein. In case the BUYER resorts to execute the right of withdrawal; a) the product invoice delivered to the BUYER or any other third person (in case the invoice is issued to a company, this invoice shall be returned together with the return invoice issued by the company. If the invoice is issued to a corporate, the process will not be fulfilled as long as a RETURN INVOICE is not delivered.), b) Return slip and c) the packaging and, if any, the standard accessories of the products to be returned within 14 days shall be redelivered in complete and as free from any defects. d) The SELLER shall return the full amount of the product and the binding instruments to the BUYER within 10 days, at the latest, as of the conveyance of the withdrawal notice and shall also accept the product within 20 days. e) In case there may be a decrease in the value of the product or redelivery becomes unachievable due to a reason arising out of the fault of the BUYER, the BUYER shall recover the damages of the SELLER in proportion to its fault. However, the BUYER cannot be held responsible for the changes and deteriorations in the product which may arise within the period of the right of withdrawal despite proper use. f) In case the right of withdrawal leads to a lower price below the campaign limit arranged by the SELLER, the amount of discount availed of as part of the campaign will be revoked.
ARTICLE 7 - DEFAULT AND LEGAL CONSEQUENCES
In case the BUYER lapses into default in the transactions with a credit card, it shall pay an interest and be responsible before the relevant bank in accordance with the credit card agreement between the BUYER and the bank. In such case, the relevant bank may apply to law, request legal expenses and attorney’s fees from the BUYER. Under all circumstances, the BUYER agrees to compensate the damages and losses of the Seller which may arise due to delayed payment.
In case the BUYER lapses into default, it agrees to compensate the damages and losses of the SELLER which may arise due to delayed payment. In case the default arises out of the fault of the SELLER, the BUYER shall have no liability to recover any damage or loss.
ARTICLE 8 - AUTHORIZED COURT
This contract shall be governed by Consumer Arbitration Committee and the Consumer Courts at the locality of the SELLER up to the value announced by the Ministry of Customs and Trade. The BUYER shall be deemed to have agreed to all the terms herein upon the confirmation of the order.
THE SELLER: INCOMMON GIDA SANAYI VE TICARET A.S.