Distance Sales Agreement

DISTANCE SALES CONTRACT

1- PARTIES

SELLER INFORMATION (referred to as 'Seller' in the Agreement)

Title: Ağam Baklavaları Food Products Trade and Industry Co. Ltd.

Address: 10010 Street No:15 Atatürk Organized Industrial Zone Çiğli / İZMİR

MERSIS Number: 0009007234600001

Phone: 0 (232) 328 21 62

Customer service:

Email:

Website:

BUYER INFORMATION (referred to as 'Buyer' in the Agreement)

Name - Surname:

Address:

Telephone:

Email:

2- SUBJECT OF THE CONTRACT

2.1 The subject of the contract is the determination of the rights and obligations of the parties in this contract in accordance with the Law on Consumer Protection No. 6502, the Distance Contracts Regulation and other relevant legal legislation regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the SELLER sells to the BUYER electronically.

2.2 The BUYER accepts and declares that he/she has been informed by the SELLER in a clear and understandable manner about the SELLER's name, title, full address, telephone and other contact information, basic characteristics of the goods for sale, sales price including taxes, payment method, delivery, cancellation and return conditions and expenses, etc., all preliminary information about the goods for sale, the use of the right of withdrawal, the official authorities to whom he/she can submit his/her complaints and objections, etc., that he/she has read and understood this contract, is aware of his/her rights and obligations, and has ordered the product with his/her free will.

2.3 SELLER and BUYER accept and declare that the provisions of the contract do not contain unfair terms in terms of the balance of interests.

2.4 The prices listed and announced on the site are sales prices. Advertised prices and promises are valid until updated or changed. Prices advertised for a limited period are valid until the end of the specified period.

3- INFORMATION ABOUT THE PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT

3.1 The basic features of the product(s) (type, quantity, brand/model, color, number) are published on the SELLER's website. If the Seller has organized a campaign, you can review the basic features of the relevant product during the campaign period. The campaign is valid until its expiration date.

3.2. The prices listed and announced on the site are the sales prices. Advertised prices and promises are valid until updated or changed. Prices advertised for a limited period are valid until the end of the specified period.

3.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.

Product Description Unit Price Subtotal (VAT Included)

Shipping Amount

Total :

4- GENERAL PROVISIONS

4.1 The BUYER accepts, declares and undertakes that he/she has read and is informed about the basic characteristics, sales price, payment method and preliminary information regarding delivery of the products that are the subject of the contract to purchase on the Ağam Baklavaları website and has given the necessary confirmation electronically.

4.2 Delivery costs are the responsibility of the BUYER. The SELLER reserves the right to cover all or part of the delivery costs associated with the campaigns the terms of which are announced on the Ağam Baklavaları website.

4.3 Deliveries are made through the SELLER's contracted cargo company. If the cargo company making the delivery does not have a branch close to the BUYER's address, the BUYER must pick up the delivery from another branch close to be specified by the SELLER (the necessary information will be provided to the BUYER via communication channels).

4.4 Each product will be delivered to the BUYER or the person/institution at the address specified within a maximum of 30 days, depending on the distance of the BUYER's residence. If the product cannot be delivered within the legal maximum 30-day period due to extraordinary circumstances (adverse weather conditions, earthquake, flood, fire, etc.) other than normal delivery conditions, the SELLER will notify the BUYER of this situation. In such cases, the BUYER may exercise one of the following rights: cancel the order, replace the contracted product with a comparable product, if any, and/or postpone the delivery period until the disabling condition is resolved. In the event of order cancellation, the SELLER is obligated to refund all payments collected, including delivery costs, in cash and in a lump sum as determined by consumer legislation within 14 days from the date on which the BUYER is informed of the order cancellation. If this amount is paid by credit card, the reflection of the amount on the BUYER's account after it is returned to the relevant bank is entirely related to the bank transaction process, therefore the BUYER knows and accepts that it will not be possible for the SELLER to intervene in any way for possible delays and that the time it will take for the amount returned to the credit card by the SELLER to be reflected in the BUYER's account by the bank is not the SELLER's responsibility.

4.5 Product delivery will not be made to the BUYER or to anyone other than the authorized recipients or institutions designated by the BUYER under this Distance Selling Agreement. Those authorized to receive the product must present identification at the time of delivery. However, the SELLER is not responsible if the person or institution authorized by the BUYER to receive the product refuses to accept delivery.

4.6 The SELLER is obligated to deliver the product(s) subject to the Agreement intact, complete, and in accordance with the specifications specified in the order. If the BUYER requests that the product(s) be shipped via a cargo company other than the one specified by the SELLER, the SELLER is not responsible for any loss or damage that may occur after the product(s) are delivered to the relevant cargo company.

4.7 The BUYER shall inspect the products before accepting them from the courier company and shall not accept from the courier company any damaged or defective goods/services such as those that are crushed, broken, or have torn packaging. The goods/services received shall be deemed to have been delivered undamaged and intact. If the BUYER discovers any damage or defects after delivery that would not have been noticed at the time of receiving the product from the courier company, they must immediately notify the SELLER of the situation through communication channels.

4.8 If, after the Preliminary Information Form is approved electronically and the Distance Sales Contract is concluded, the product price is not paid for any reason or is cancelled in the bank records, the SELLER shall be deemed to be released from its obligation to deliver the product.

4.9 If, after delivery of the product, the bank that issued the credit card used by the BUYER does not pay the price of the product to the SELLER or requests a refund of the amount paid due to the unfair and unlawful use of the BUYER's credit card by unauthorized persons for a reason not caused by the BUYER's fault, the product shall be returned to the SELLER by the Buyer within 3 days at the latest. If the price of the product is not paid due to the BUYER's fault or negligence, the shipping costs shall be covered by the BUYER. The SELLER reserves all other rights, including the right to pursue the payment of the product without accepting the return.

4.10 The sales and delivery conditions of the products are listed in the "shipping and delivery conditions" section of the website. By accepting this Distance Sales Agreement, the BUYER is deemed to have accepted these conditions.

4.11 If the supply of the ordered product becomes impossible, the SELLER shall notify the BUYER of this situation before the expiry of the contractual performance obligation and refund the total price to the BUYER within 10 days.

4.12 If the SELLER suspects that the BUYER has the intention of reselling the ordered products for commercial purposes, the SELLER reserves the right to cancel the order and not deliver the products, even if this Agreement has been established.

4.13 The BUYER accepts, declares and undertakes that the SELLER cannot be held responsible for incorrect entry of product prices due to typographical errors.

5- RIGHT OF WITHDRAWAL

5.1 According to the Turkish Commercial Code No. 6102, there is no right of withdrawal for foodstuffs, beverages or other daily consumption items. According to Article 15, paragraph 1, subparagraph c, titled "Exceptions to the Right of Withdrawal" of the Distance Contracts Regulation; "Perishable goods"

The consumer cannot use the right of withdrawal in contracts regarding the delivery of goods that may expire or expire.” In addition, in the publication "Frequently Asked Questions Regarding Current Consumer Disputes" published in 2019 by the General Directorate of Consumer Protection and Market Surveillance of the Ministry of Trade of the Republic of Turkey, it is clearly stated that the BUYER cannot use the right of withdrawal regarding "goods that can spoil quickly, such as flowers and cakes, or that may expire quickly."

5.2 The exercise of the right of return due to a defective product is subject to the condition that the packaging of the product is unopened, undamaged and the product is unused.

6-PRIVACY

The information provided by the BUYER to the SELLER for payment purposes, as specified in this agreement, will not be shared by the SELLER with third parties. SELLER may disclose this information only if legally required to do so. SELLER may provide the requested information to the relevant authority if it possesses it in connection with any legal investigation with documented investigative capacity. Credit card information is not stored at all. Credit card information is used only to obtain authorization by securely transmitting it to the relevant banks during the collection process and is deleted from the system after authorization. Information such as the BUYER's email address, mailing address, and telephone number are used only by the SELLER for standard product delivery and notification procedures. Occasionally, campaign information, new product information, and promotional information may be sent to the BUYER after approval.

7- EVIDENCE AGREEMENT

In any disputes that may arise between the Parties regarding transactions related to this agreement, the Parties' books, records and documents and any data stored on the website will be accepted as evidence in accordance with Article 193 of the Code of Civil Procedure No. 6100.

8- APPLICABLE LAW AND AUTHORIZED COURT

This Distance Selling Agreement is subject to Turkish law. In disputes arising from this Agreement, the Consumer Arbitration Committees located in the place where the BUYER and SELLER reside, shall have jurisdiction up to a value determined by the Ministry of Customs and Trade within the framework of the legislation; for cases exceeding this value, the Consumer Courts located in the place where the BUYER and SELLER reside, shall have jurisdiction. Where no Consumer Courts exist, the Civil Courts of First Instance shall have jurisdiction.

9- SIGNATURE

This agreement is composed of five pages and nine articles. It becomes valid when the BUYER selects the "I accept" option.

SELLER: Ağam Baklavaları Food Products Trade and Industry Co. Ltd.

BUYER :

HISTORY :

DISTANCE SALES AGREEMENT

1. PARTIES

This Agreement has been signed between the following parties under the terms and conditions set out below.

  • 'BUYER'; (hereinafter referred to as "BUYER" in the contract)

NAME-SURNAME:
ADDRESS:

  • 'Agam Baklavaları'; (hereinafter referred to as "SELLER" in the contract)

NAME-SURNAME:
ADDRESS:

By accepting this contract, the BUYER accepts in advance that he/she will be obliged to pay the order price and, if applicable, additional fees such as shipping costs and taxes, and that he/she has been informed about this, if he/she approves the order subject to the contract.

2. DEFINITIONS

In the application and interpretation of this agreement, the terms written below will refer to the written explanations opposite them.

MINISTER: Minister of Customs and Trade,

MINISTRY: Ministry of Customs and Trade,

LAW: Consumer Protection Law No. 6502,

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 in return for a fee or benefit.

SELLER: A company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf or on behalf of those offering goods.

BUYER: A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes.

SITE: The website of the SELLER,

ORDERER: A natural or legal person who requests a good or service through the SELLER's website.

PARTIES: SELLER and BUYER,

CONTRACT: This contract concluded between the SELLER and the BUYER,

GOODS: It refers to the movable goods subject to shopping and software, sound, images and similar intangible goods prepared for use in electronic environment.

TOPIC 3

This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically through the SELLER's website.

Prices listed and announced on the site are sales prices. Advertised prices and promises are valid until updated or changed. Prices advertised for a limited period are valid until the end of the specified period.

  1. SELLER INFORMATION

Title
Address
Telephone
Fax
Email

  1. BUYER INFORMATION

Person to be delivered
Delivery Address
Telephone
Fax
Email/username

  1. ORDERING PERSON INFORMATION

Name/Surname/Title

Address
Telephone
Fax
Email/username

  1. CONTRACTUAL PRODUCT/PRODUCTS INFORMATION
  2. The basic characteristics of the goods/products/services (type, quantity, brand/model, color, and number) are published on the SELLER's website. If the seller has organized a campaign, you can review the basic characteristics of the relevant product during the campaign period. The campaign is valid until its expiration date.

7.2. The prices listed and announced on the site are the sales prices. Advertised prices and promises are valid until updated or changed. Prices advertised for a limited period are valid until the end of the specified period.

7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.

Product Description

Piece

Unit Price

Subtotal
(VAT included)

 

 

 

 

Shipping Amount

 

 

 

Total :

 

Payment Method and Plan

Delivery Address

Person to be delivered

Billing Address

Order Date

Delivery date

Delivery method

7.4. The shipping fee, which is the cost of shipping the product, will be paid by the BUYER.

  1. 8. INVOICE INFORMATION

Name/Surname/Title

Address
Telephone
Fax
Email/username
Invoice delivery: Invoice will be sent to the invoice address along with the order during delivery.
will be delivered.

  1. GENERAL PROVISIONS

9.1. The BUYER acknowledges, declares, and undertakes to have read and been informed of the basic characteristics, sales price, payment method, and preliminary delivery information regarding the contracted product on the SELLER's website, and to have provided the necessary confirmation electronically. By electronically confirming the Preliminary Information, the BUYER acknowledges, declares, and undertakes to have obtained the address to be provided to the BUYER by the SELLER before the distance sales contract is established, the basic characteristics of the ordered products, the price of the products, including taxes, and payment and delivery information, all of which are accurate and complete.

9.2. Each product subject to this contract will be delivered to the BUYER or the person and/or organization at the address specified by the BUYER within the period specified in the preliminary information section of the website, depending on the distance from the BUYER's residence, provided that the legal period does not exceed 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 in full, in accordance with the specifications specified in the order and with the warranty documents, user manuals, and the necessary information and documents, if any, and to perform the work in accordance with the legal regulations, free from all defects, in a sound manner and in accordance with the standards, on the basis of honesty and integrity, to maintain and improve the service quality, to show the necessary care and attention during the performance of the work 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 his/her explicit approval before the expiration of the performance obligation arising from the contract.

9.5. The SELLER accepts, declares and undertakes that if it cannot fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, it will notify the consumer in writing within 3 days from the date it becomes aware of this situation and will refund the total price to the BUYER within 14 days.

9.6. The BUYER accepts, declares and undertakes that it will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that if the price of the product subject to the Agreement is not paid for any reason and/or is cancelled in the bank records, the SELLER's obligation to deliver the product subject to the Agreement will be terminated.

9.7. If the price of the contractual product is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized use of the BUYER's credit card by unauthorized persons after the delivery of the contractual product to the BUYER or to the person and/or organization at the address indicated by the BUYER, the BUYER accepts, declares and undertakes to return the contractual product to the SELLER within 3 days, with the shipping costs being borne by the SELLER.

9.8. If the SELLER is unable to deliver the contract product within the specified time due to force majeure events that occur beyond the parties' control, are unforeseen, and prevent and/or delay the fulfillment of the parties' obligations, the SELLER accepts, declares, and undertakes to notify the BUYER of the situation. The BUYER also has the right to request that the order be canceled, the contract product be replaced with a comparable product, if any, and/or the delivery time be postponed until the preventing situation is resolved. In the event of cancellation of the order by the BUYER, for payments made by cash, the price of the product will be paid to the BUYER in cash and in a lump sum within 14 days. For payments made by credit card, the price of the product will be refunded to the relevant bank within 14 days of the BUYER's cancellation of the order. BUYER accepts, declares and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take up to 2 to 3 weeks, and since the reflection of this amount in the BUYER's account after its refund to the bank is entirely related to the bank transaction process, BUYER accepts, declares and undertakes that it 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 via letters, emails, SMS, phone calls, and other means, using the address, email address, landline and mobile telephone lines, and other contact information specified by the BUYER in the site registration form or subsequently updated by the BUYER. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities.

9.10. The BUYER must inspect the goods/services subject to the contract before accepting them; they will not accept damaged or defective goods/services (such as those with crushed, broken, torn packaging, etc.) from the cargo company. The goods/services received will be deemed undamaged and intact. The BUYER is responsible for the careful preservation of the goods/services after delivery. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned.

9.11. If the BUYER and the credit card holder used during the order are not the same person, or if a security breach is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, a previous month's statement of the credit card used in the order, or a letter from the card holder's bank confirming that the credit card belongs to the BUYER. The order will be frozen until the BUYER provides the requested information/documents. If the aforementioned 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 by the BUYER when registering on the SELLER's website is true and correct, and that it will compensate the SELLER for any damages it may incur due to the inaccuracy of this information, immediately, in cash and at once upon the first notification from the SELLER.

9.13. The BUYER accepts and undertakes to comply with and not violate the provisions of the legislation when using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise will be fully and exclusively binding on the BUYER.

9.14. BUYER may not use SELLER's website in any way that disrupts public order, violates public morality, disturbs or harass others, for any illegal purpose, or violates the material or moral rights of others. Furthermore, members may not engage in any activity (spam, viruses, Trojan horses, etc.) that prevents or obstructs others from using the services.

9.15. SELLER's website may contain links to other websites and/or other content that are not under SELLER's control and/or owned and/or operated by third parties. These links are provided for the purpose of facilitating navigation for BUYER and do not endorse any website or its operator and do not constitute any guarantee regarding the information contained on the linked website.

9.16. Any member who violates one or more of the provisions of this agreement shall be personally liable for such violation, both legally and criminally, and shall hold the SELLER harmless from any legal or criminal consequences arising from such violation. Furthermore, should the incident be brought before the courts due to such violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.

  1. RIGHT OF WITHDRAWAL

10.1. If the distance contract relates to the sale of goods, the BUYER may exercise the right of withdrawal from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to the BUYER or to the person/entity at the address provided, without assuming any legal or criminal liability and without giving any justification, provided that he/she notifies the SELLER. In distance contracts relating to the provision of services, this period begins from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the performance of the service begins with the consumer's approval before the expiration of the right of withdrawal period. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this contract, the BUYER acknowledges that he/she has been informed of the right of withdrawal.

10.2. In order to exercise the right of withdrawal, written notice must be given to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and the product must not have been used in accordance with the provisions of this contract regarding "Products for which the Right of Withdrawal Cannot Be Used". In case of exercising this right,

  1. a) The invoice of the product delivered to the person or the BUYER (If the invoice of the product to be returned is a corporate invoice, it must be sent together with the return invoice issued by the corporate in return. Returns of orders whose invoices are issued in the name of corporates will not be completed unless a RETURN INVOICE is issued.)
  2. b) Return form,
  3. c) The products to be returned must be delivered complete and undamaged, including the box, packaging and standard accessories, if any.
  4. d) The SELLER is obliged to return the total price and the documents that put the BUYER indebted to the BUYER within 10 days at the latest from the date of receipt of the notice of withdrawal and to take back the goods within 20 days.
  5. e) If the value of the goods decreases or return becomes impossible due to a reason caused by the BUYER's fault, the BUYER is obligated to compensate the SELLER for damages to the extent of the BUYER's fault. However, the BUYER is not responsible for any changes or deterioration that occur due to improper use of the goods or product during the right of withdrawal period.
  6. f) If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
  7. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

According to the Regulation, it is not possible to return underwear, swimsuits and bikini bottoms, make-up materials, disposable products, goods that are prepared at the BUYER's request or clearly in line with their personal needs and are not suitable for return, goods that are in danger of rapid deterioration or may have expired, products that are not suitable for return due to health and hygiene reasons if the packaging is opened by the BUYER after being delivered to the BUYER, products that are mixed with other products after being delivered and cannot be separated by their nature, goods related to periodical publications such as newspapers and magazines, other than those provided under a subscription agreement, services performed instantly in electronic media or intangible goods delivered instantly to the consumer, audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if the packaging has been opened by the BUYER. In addition, it is not possible to exercise the right of withdrawal for services whose performance began with the consumer's consent before the expiration of the right of withdrawal period, according to the Regulation.

In order for cosmetics and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) to be returned, their packaging must be unopened, untested, undamaged, and unused.



  1. EVENT OF DEFAULT AND ITS LEGAL CONSEQUENCES

BUYER acknowledges, declares, and undertakes that if payment is made by credit card and the BUYER goes into default, the BUYER will pay interest and be liable to the bank within the framework of the credit card agreement between the bank and the cardholder. In such a case, the relevant bank may take legal action and claim any resulting expenses and attorney fees from the BUYER. In any case, if the BUYER defaults on a debt, the BUYER acknowledges, declares, and undertakes to pay the SELLER for any losses and damages incurred due to the delayed payment of the debt.

  1. COMPETENT COURT

Complaints and objections regarding disputes arising from this agreement shall be submitted to the Consumer Problems Arbitration Committee or Consumer Court in the place where the seller and consumer reside, or where the seller and consumer transaction took place, within the monetary limits specified by law. Information regarding the monetary limits is reserved.

This Agreement is made for commercial purposes.

  1. FORCE

The BUYER is deemed to have accepted all terms of this agreement upon payment for an order placed through the Site. The SELLER is obligated to make the necessary software changes to ensure that the BUYER has read and accepted this agreement on the Site before the order is placed.

SALES PERSON:

BUYER:

HISTORY: