ARTICLE 1: SUBJECT OF THE AGREEMENT
The subject of this Distance Selling Agreement ("Agreement") is to determine the rights and obligations of the Parties in accordance with the provisions of Consumer Protection Law No. 6502 and the Distance Contracts Regulation regarding the order details, sale, and delivery of the product, the specifications and sales price of which are specified below, which the SELLER sells to the BUYER remotely.
The SELLER's commitments regarding the products on the yildizzade.com.tr website are limited to situations such as stock and supply processes, with the right to correct any material errors made inadvertently. In the event of the following, order cancellation and refund will be made. The SELLER undertakes to supply the product offered for sale at the price and specifications specified on the website as long as it is in stock. However, due to delays in the system or the internet, or delays and other disruptions that may occur during the BUYER's shopping process, duplicate orders or the simultaneous ordering of the last remaining stock product by different Buyers, losses or similar shipments that may occur in stock products, situations affecting the economic value, or the final inspection of products in stock before they are shipped to the BUYER after the order, the SELLER is not responsible for the delivery of the defective or similar product to the BUYER.
In the event of any of the following: material errors clearly made by SELLER regarding the products, or non-delivery of the product due to non-compliance with legal regulations or similar reasons, or any other errors in stock due to reasons not attributable to SELLER, or non-provision/delivery of the product, the BUYER will be notified and the order will be cancelled. SELLER will not be held responsible for non-delivery of the order and will not be held liable in this regard. No additional privileges will be granted to the BUYER other than the cancellation and refund of the order price.
ARTICLE 2: PARTY INFORMATION
SELLER
Title: YILDIZZADE DRIED FOOD, SPICES & CONFECTIONERY INDUSTRY CO. LTD.
Address: SANAYI Neighborhood, 60412th Street, No: 11, Ş.Kamil/GAZİANTEP
Phone: 0530 728 27 56
E-mail address: yilzade@hotmail.com
Mersis No: 0965156060800001
SELLER's Preferred Return Carrier Information: Sürat Kargo (MNG Cargo Domestic and International Transportation Inc.), BİZON, and BRİNGO
Return Address: Gazikent Neighborhood, 27017th Street, No: 63, Ş.Kamil/Gaziantep
BUYER
Name Last Name/Title: {FullName}
Address: {ShippingAddress}
Phone: {Phone}
Email address: {Email}
BUYER and SELLER will be referred to individually as a "Party" and collectively as the "Parties" in this Agreement.
ARTICLE 3: SPECIFICATIONS AND PRODUCT PRICE OF THE PRODUCTS SUBJECT TO THE CONTRACT
The type, quantity, brand/model, color, quantity, sales price (including all taxes) of the products, and payment method are as follows:
{Cart}
Payment Method: {PaymentType}
Delivery Address: {ShippingAddress}
Invoice Address: {BillingAddress}
Delivery Time:
Estimated Delivery Date:
(*Article 4.2 is reserved)
3.1 The sales price of the goods or services subject to the contract, including all taxes, is shown in the table above.
3.2 The basic specifications of the product/service (type, quantity, brand/model, color, quantity) are available on the SELLER's website.
3.3 The prices listed and announced on the website 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.
3.4 The shipping fee, which is the cost of shipping the product, the return shipping cost if the BUYER uses a shipping company other than the one listed above, and all other additional fees, such as taxes, duties, and fees, will be paid by the BUYER.
ARTICLE 4: GENERAL PROVISIONS
4.1 Before accepting the Distance Selling Agreement or any corresponding offer, the BUYER irrevocably acknowledges and declares that they have read and are familiar with the Preliminary Information Form, which contains all preliminary information regarding the basic characteristics of the Product covered by the Agreement, the sales price of the Products including taxes, the payment method, the delivery of the Products, and the right of withdrawal. They have accepted and confirmed the Preliminary Information Form electronically, and subsequently purchased the Product electronically.
4.2 Each product covered by the Agreement will be delivered to the BUYER or the person or entity at the address specified by the BUYER 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, within a legal period of not more than 30 days, subject to the SELLER's right to extend the period by an additional 10 (ten) days with written notice. If the SELLER fails to fulfill its obligations within this period, the BUYER may terminate the Agreement.
4.3 SELLER agrees, declares, and undertakes to deliver the product subject to the Contract in good condition, complete, and in accordance with the specifications specified in the order, along with any warranty documents, user manuals, and any necessary information and documentation.
4.4 SELLER may supply a different product of equal quality and price by informing BUYER and obtaining their express consent before the expiration of the performance obligation arising from the Contract. Furthermore, SELLER reserves the right to correct any material errors inadvertently made on SELLER's website or in other transactions regarding the type, quantity, brand/model, color, number of products, sales price including all taxes, payment method, etc., and BUYER acknowledges and declares that SELLER has the right to do so.
4.5 BUYER agrees to electronically confirm this Agreement for the delivery of the Product subject to the Contract. If, for any reason, the price of the Product subject to the Contract is not paid and/or is cancelled in the records of a bank or financial institution, SELLER's obligation to deliver the Product subject to the Contract shall terminate.
The BUYER acknowledges and undertakes that the SELLER shall not be liable for any payments made to the SELLER by the bank and/or financial institution that are sent a failure code for any reason.
4.6 If the price of the contracted product is not paid to the SELLER by the relevant bank or financial institution due to unauthorized use of the BUYER's credit card after delivery of the contracted product, the BUYER acknowledges, declares, and undertakes to return the contracted product to the SELLER within 3 days, with shipping costs at the SELLER's expense.
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4.7 SELLER declares and agrees that if the products ordered by BUYER cannot be delivered for any reason, a refund will be provided to the BUYER's payment card for the amount paid by BUYER and for which SELLER is responsible for the return.
4.8 SELLER acknowledges and agrees that if SELLER cannot deliver the contracted product within the specified time due to force majeure events, such as events beyond the parties' control, unforeseen circumstances, or circumstances that prevent or delay the fulfillment of the parties' obligations, it will notify BUYER. BUYER also has the right to request that SELLER cancel the order, replace the contracted product with a comparable product, if any, or postpone the delivery date until the preventing situation is resolved. In the event of cancellation of the order, the amount paid by BUYER and for which SELLER is responsible for the return will be refunded to BUYER within 14 (fourteen) days.
4.9 The BUYER must inspect the goods/services subject to this Agreement before receiving them. Any defective or damaged product detected through a regular inspection should not be accepted from a SELLER representative. If the BUYER neglects to inspect the goods and accepts delivery, they are deemed to have accepted that the product is intact and undamaged. The goods/services received will be deemed undamaged and intact. The BUYER is responsible for carefully protecting the goods/services after delivery. If the right of withdrawal is exercised, the goods/services must not be used. The invoice must be returned.
4.10 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 must provide the credit card holder's identification and contact information, along with a statement from the previous month's credit card used in the order.
or the cardholder may request the BUYER to provide a letter from their bank confirming that the credit card belongs to them. The order will be frozen until the BUYER provides the requested information/documents. If the requested requests are not met within 24 (twenty-four) hours, the SELLER reserves the right to cancel the order.
4.11 The BUYER declares and undertakes that the personal and other information provided when registering on the SELLER's website and included in the Preliminary Information Form is accurate and that it will immediately, upon the SELLER's first notification, compensate the SELLER in full and in cash for any losses incurred by the SELLER due to any inaccuracies in this information.
4.12 The BUYER agrees and undertakes to comply with and not violate legal regulations while using the SELLER's website. Furthermore, the BUYER shall not use the SELLER's website in any way, including without limitation, the public.
The BUYER may not use the services in a manner that disrupts order, violates public morality, disturbs or harasss others, for any illegal purpose, or infringes on the material or moral rights of others. They may not engage in any activity or process that prevents or obstructs others from using the services (spam, viruses, Trojan horses, etc.). Otherwise, all legal and criminal liabilities arising will be entirely and exclusively binding on the BUYER.
4.13 Links may be provided through the SELLER's website to other websites or other content not under the SELLER's control or owned and/or operated by third parties. These links
This service is provided for the BUYER's convenience and does not endorse any website or the person operating that website, nor does it constitute any warranty regarding the information contained on the linked website.
4.14 If the BUYER violates one or more of the provisions of this agreement, they will be personally liable for any legal and criminal consequences arising from such violations and will hold the SELLER harmless from any legal consequences. Furthermore, if the incident is brought to court due to this violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
4.15 This service is intended solely for retail sales, end-use, and consumer use. For wholesale and "resale" orders, even if a preliminary information form and/or sales contract has been signed, the SELLER reserves the right to cancel and not deliver the order. If the order is canceled for this reason, the SELLER will refund the products in the same manner as the BUYER paid for them.
The https://www.yildizzade.com.tr website or the Yıldızzade mobile application service that provides access to the same site are for individual shipments only. Shipments to institutions/merchants can be made through the Wholesale Service.
4.16. To conclude the Distance Selling Agreement, this Agreement must be electronically approved by the BUYER.
ARTICLE 5: RIGHT OF WITHDRAWAL
5.1 The BUYER (Consumer) has the right of withdrawal within 14 (fourteen) days from the date of the Distance Selling Agreement, without providing any justification or paying any penalty. The BUYER may also exercise the right of withdrawal from the conclusion of the Agreement until the delivery of the goods.
5.2 The BUYER must submit written notification of exercising the right of withdrawal within 14 (fourteen) days of the establishment of the Distance Selling Agreement, by registered mail to the SELLER's address specified above, to the SELLER's email address, or to the SELLER's call center.
5.3 If the right of withdrawal is exercised, the invoice for the product delivered to the third party or the BUYER (if the invoice for the product to be returned is from a corporate entity, it must be sent along with the return invoice issued by the institution. Returns of orders with invoices issued for corporate entities will not be completed unless a RETURN INVOICE is issued), the return form, and the box and packaging of the products to be returned, along with any standard accessories, must be returned complete and undamaged.
5.4 The BUYER must return the goods to the SELLER or its authorized person within fourteen (14) days of notifying the SELLER of the exercise of the right of withdrawal. If the BUYER fails to use the goods in accordance with their operation, technical specifications, and operating instructions during the withdrawal period, the BUYER will be responsible for any changes or deterioration that occur to the goods.
5.5 The decrease in the value of the goods received or the existence of a reason that makes its return impossible does not prevent the exercise of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the BUYER's fault, the BUYER is obligated to compensate the SELLER for the value of the goods or any decrease in their value.
SELLER shall be liable for this.
5.6 Within fourteen (14) days from the date of receipt of the consumer's notification of exercising the right of withdrawal, the SELLER shall refund all amounts collected from the BUYER, including the costs of delivering the goods to the BUYER, if any, along with any documents binding the BUYER's obligation, in a single lump sum, without any cost or liability to the BUYER, in accordance with the payment method used by the BUYER when purchasing the products, provided that the goods are returned as specified in Article 5.2.
5.7 If the BUYER returns the products with a courier company other than the courier company (carrier) specified by the SELLER for return, the BUYER shall be responsible for the return costs.
5.8 Due to the exercise of the right of withdrawal, the SELLER shall be liable for the return costs.
If the campaign limit amount falls below the amount set by the seller, the discount amount benefited from the campaign will be canceled.
5.9 If the right of withdrawal is not exercised in accordance with the provisions of this Preliminary Information Form and the legislation, the BUYER will lose their right of withdrawal.
ARTICLE 6: CONTRACTS IN WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
With the exception of contracts that fall outside the scope of the Regulation, as per Article 2 of the Distance Contracts Regulation, the BUYER cannot exercise their right of withdrawal in the following contracts in accordance with the Distance Contracts Regulation:
a) Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller or provider.
b) Contracts for goods prepared in accordance with the BUYER's requests or personal needs.
c) Contracts for the delivery of goods that are perishable or may expire.
ç) Contracts for the delivery of goods whose protective elements, such as packaging, tape, seals, or packaging, have been opened after delivery; and whose return is not suitable for health and hygiene reasons.
d) Contracts for goods that are mixed with other products after delivery and cannot be separated by their nature.
e) Contracts for books, digital content, and computer consumables presented in physical form if protective elements, such as packaging, tape, seals, or packaging, have been opened after delivery.
f) Other than those provided under a subscription agreement,
Contracts for the delivery of periodicals such as newspapers and magazines.
g) Contracts for accommodation, goods transportation, car rental, food and beverage supply, and leisure time for entertainment or recreation, which must be completed on a specific date or period.
ğ) Contracts for services performed instantly electronically or for intangible goods delivered to the consumer immediately.
h) Contracts for services commenced with the consumer's consent before the expiration of the right of withdrawal.
ı) Contracts for movable properties that are required to be registered according to Highway Traffic Law No. 2918 dated October 13, 1983, and for unmanned aerial vehicles that are subject to registration or registration.
i) Contracts for mobile phones, smart watches, tablets, and computers that have been delivered to the consumer.
j) Contracts concluded through live auctions.
k) Contracts regarding the goods that are specified in the introduction and user manual to be installed or assembled by the seller or authorized service and which have been installed or assembled.
ARTICLE 7: REFUND PROCEDURE IN CASE OF PRODUCT RETURN
In cases where the BUYER exercises their right of withdrawal, or if the ordered product cannot be supplied for various reasons, or if an arbitration committee or court decision decides to refund the BUYER, or in other cases, the refund procedure for payment options is as follows.
a) Refund Procedure for Credit Card Payments
If the purchase was made by credit card and in installments, the Bank will refund the BUYER in the same number of installments as the BUYER purchased the product. The SELLER has no right to intervene in this matter. After the SELLER pays the bank the full product price in one lump sum, the BUYER will be refunded to the BUYER's credit card for installment payments made through bank POS.
To prevent any inconvenience to the parties, the requested refund amounts will be transferred to the holder's accounts by the Bank in installments. If the refund date does not coincide with the card's statement date, the installment amounts paid by the BUYER up to the date of the sale cancellation will be credited to the card as one (1) refund per month. The BUYER will receive the installments paid before the refund for an additional month, equal to the number of installments paid before the refund, after the sale installments are paid, and will be deducted from their existing debts.
In the case of a return of goods and services purchased by card, the SELLER, in accordance with the agreement with the Bank, cannot pay the BUYER in cash. In the event of a return, the SELLER will notify the addressee bank of the REFUND, and the SELLER will remit the relevant amount to the Bank in cash.
or offset, the BUYER cannot be held responsible for failure to make a cash payment. The credit card refund will be made by the Bank in accordance with the procedure above, after the SELLER makes a single payment to the Bank.
b) Refund Procedure for Payment by Wire Transfer/EFT
The refund will be made by wire transfer or EFT to the BUYER's bank account information (the account must be in the name of the person at the billing address or the user member). If the bank account from which the payment was made has been closed, the BUYER will be asked for a new account information, and the refund will be made to the relevant account (the account must be in the name of the person at the billing address or the user member member). The SELLER will reimburse the bank for the full product price in a single lump sum.
In the event of a return of goods or services purchased via money order/EFT, the SELLER cannot make direct/cash payments to the BUYER, in accordance with the agreement it has made with the Bank. In the event of a return, the SELLER will make the REFUND by notifying the addressee bank. Since the SELLER is obligated to pay the relevant amount to the Bank in cash or as a deduction, it cannot be held responsible for the failure to make a cash payment to the BUYER.
ARTICLE 8: DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on credit card transactions, the BUYER will pay interest and be liable to the bank in accordance with the credit card agreement it has with the cardholder bank. In such a case, the relevant bank may take legal action and claim any resulting costs and attorney fees from the BUYER. In any case, if the BUYER defaults on a debt, the BUYER agrees to pay the SELLER any losses and damages incurred by the BUYER due to the delayed payment of the debt.
ARTICLE 9: FINAL PROVISIONS
9.1 Delivery of goods will only be made upon presentation of a valid identification card, consent to the recording of the relevant identification information, and signature in the relevant places.
If these procedures are not completed, the product will not be delivered. This provision also applies to the BUYER's obligation to present the identification document corresponding to the name on the credit card for payment when the product is delivered to the door.
9.2 SELLER may temporarily or completely suspend the operation of the www.bizimtoptan.com.tr website at any time due to technical difficulties, software and system upgrades, developments, or other reasons. In such cases, SELLER shall have no liability to BUYER, any person who registers to the system through the mobile application, or any third party.
9.3 In the implementation of this Agreement, the Provincial or District Consumer Arbitration Committees or Consumer Courts, if the jurisdiction of the Consumer Arbitration Committees exceeds the jurisdiction of the BUYER or SELLER's residence or the place where the BUYER purchased the product, shall have jurisdiction, based on the values declared by the Ministry of Customs and Trade.
9.4 SELLER's records (including magnetic media records such as computer voice recordings) shall constitute definitive evidence in resolving any disputes that may arise from this Agreement and/or its implementation.
9.5 BUYER acknowledges and agrees that the information provided in the membership form on SELLER's website and in the Preliminary Information Form is accurate and complete. BUYER agrees to and declares that it is responsible for any damages arising from any inaccuracies or omissions in this information. It agrees to indemnify SELLER for any damages incurred by SELLER as a result of this.
9.6 BUYER, acting as data controller and/or data processor, shall obtain, in whole or in part, all qualified personal data, including personal data, biometric data, and health data, transmitted to SELLER or obtained within the scope of SELLER's procedures and transactions, in accordance with the information form.
The BUYER acknowledges, declares, and undertakes that it has given its express consent to the processing of these personal data, including recording, storing, changing, updating, periodically checking, rearranging, classifying, preserving them for the period necessary for the purpose for which they were processed or for the period stipulated by relevant law, sharing them with public institutions and organizations with which the SELLER collaborates or is legally obligated in the event of legal or service-related requirements, and/or with third-party service providers, suppliers, and insurance companies resident in Turkey or abroad, and transferring them abroad in the event of legal or service-related requirements.
9.7 Term and Enforcement: The BUYER has read, reviewed, accepted, and signed the provisions of this Agreement. This Agreement is concluded online between the BUYER and SELLER upon the BUYER's declaration of read and acceptance, and shall have its provisions and consequences from that moment on. This Agreement shall automatically terminate upon the fulfillment of the Parties' mutual obligations in accordance with the Agreement.
It will end.
ARTICLE 4: GENERAL PROVISIONS
4.1 Before accepting the Distance Selling Agreement or any corresponding offer, the BUYER irrevocably acknowledges and declares that they have read and are familiar with the Preliminary Information Form, which contains all preliminary information regarding the basic characteristics of the Product covered by the Agreement, the sales price of the Products including taxes, the payment method, the delivery of the Products, and the right of withdrawal. They have accepted and confirmed the Preliminary Information Form electronically, and subsequently purchased the Product electronically.
4.2 Each product covered by the Agreement will be delivered to the BUYER or the person or entity 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, within a legal period of not more than 30 days, subject to the SELLER's right to extend the period by an additional 10 (ten) days with written notice. If the SELLER fails to fulfill its obligations within this period, the BUYER may terminate the Agreement.