DISTANCE SALES AGREEMENT
ARTICLE 1- THE PARTIES
1.1. SELLER
Commercial Title: Gul Ovet Jardinerie Floristry (Hereinafter referred to as “SELLER”)
Address: Esentepe Mahallesi Talat Paşa Caddesi No: 5/1 Şişli Levent-İstanbul
Phone: (544) 4401206
Email Address: info@jardinerie.com.tr
Mersis Number: 3224006940000011
1.2- BUYER:
Name Surname:
Address:
Phone Number:
E-mail Adress:
ARTICLE 2- SUBJECT
The subject of this Agreement is the determination of the rights and obligations of the parties, in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of the product that the BUYER has ordered electronically from the www.jardinerie.com.tr website, the qualities and sales price of which is stated below.
ARTICLE 3 - PRODUCT SUBJECT TO THE CONTRACT
Contract Date:
Product delivery date/time range:
Type of Goods/ Products/Services: Flower Delivery
Order ID:
Name of the Product :
Quantity: 1 piece
Sales Price (Including Taxes):
Payment method of the order price: Credit Card or Debit Card
Delivery Method: Service
Delivery costs: 0,00 TL
ARTICLE 4 - RIGHT OF WITHDRAWAL
In distance contracts regarding sale of a good, the Buyer has the right of withdrawal by rejecting the product within fourteen days after they have received the good without any justification and without any legal and criminal responsibilities. In distance contracts regarding the sale of a service, this period starts at the date when the contract is signed. If it is decided in the contract that the service is performed before the expiration of fourteen days, the consumer may use their right of withdrawal until the date when the service starts. Expenses arising from exercising the right of withdrawal belong to the seller.
In order to exercise the right of withdrawal, the Buyer must notify the Seller by fax, telephone or e-mail stated above within fourteen days. The return procedures within the scope of the Right of Withdrawal are included in the Distance Sales Contract. In the event that this right is exercised, returning the original copy of the invoice regarding the goods/services delivered to the 3rd party or the Purchaser is obligatory. Within maximum 14 (fourteen) days following the receipt of the notice regarding the right of withdrawal, the cost of goods/services and delivery expenses refunded to the Buyer, and the Buyer is obliged to return the goods/services within 10 (ten) days. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded. The delivery price of the goods / services returned with the right of withdrawal shall be borne by the Buyer.
ARTICLE 5 - GOODS/SERVICES WITHOUT THE RIGHT OF WITHDRAWAL
The goods/services that cannot be returned due to their nature are the goods/services that are perishable and expired, goods/services that are for single use, and any sorts of software and programs that can be copied.
a) Contracts relating to goods or services whose prices vary depending on the fluctuations in the financial markets and which are not under the control of the seller or the supplier.
b) Contracts relating to goods prepared in accordance with the consumer's wishes or personal needs.
c) Contracts for the delivery of goods which may be quickly destroyed or expired.
ç) Contracts regarding the delivery of goods with protective elements such as packages, tapes, seals, wrappings opened after delivery; the ones with return not appropriate to health and hygiene.
d) Contracts relating to goods which are mixed with other products after delivery and cannot be separated by their nature.
e)Contracts relating to books, digital content and computer consumables presented in the material atmosphere in the event that protective elements such as packages, tapes, seals, wrappings are opened after the delivery.
f) Contracts for the delivery of periodicals, such as newspapers and journals, except those provided under the subscription agreement.
g) Contracts relating to accommodation, transportation of goods, car rental, supply of food and beverages and leisure activities aimed for entertainment or rest to be carried out on a particular date or in a particular period.
ğ) Contracts relating to services carried out in the electronic environment or intangible goods instantaneously delivered to the customer.
h) Contracts with respect to services commenced with the approval of the consumer before the expiry of the right of withdrawal.
ARTICLE 6 - GENERAL PROVISIONS
6.1 The BUYER declares that he has read and understood all the preliminary information regarding the basic qualities, sales price and form of payment, and delivery of the product subject to the Contract specified in Article 3, and has given the necessary confirmation in electronic form.
6.2 The product/products of the contract are delivered to the BUYER or the person/institution at the address and within the duration indicated in the preliminary information, depending on the distance of the BUYER for each product, provided that the legal period is not exceeding 30 (thirty) days. If the seller acts against this obligation, the buyer may terminate this Agreement. In the event of termination of the Agreement, the seller or provider will reimburse all payments, including delivery costs, if any, within 14 (fourteen) days from the date on which the notice of termination reaches him, with the legal interest set out in accordance with the relevant legislation, and he must return all valuable documents and similar documents that put the consumer under debt.
6.3 If contract product is to be delivered to a person or organization other than the BUYER, the SELLER shall not be held liable for the rejection of the delivery by the person or organization that the product is to be delivered to.
6.4 The SELLER is responsible for the delivery of the product subject to the Contract in accordance with the qualities specified in the order. Provided that it is based on a justified reason, the SELLER may supply goods or services of equal quality and price to the BUYER before the performance obligation arising from the Contract has expired.
6.5 For the delivery of the product subject to the contract, this Agreement must be confirmed electronically and the price of the order subject to the contract must be paid.
If, for any reason, the product price is not paid or the payment is cancelled in the bank records, the SELLER shall be deemed free of the obligation to deliver the product.
6.6 In cases where it is impossible to fulfill the performance of the goods or services subject to the order, the SELLER is obliged to notify the BUYER in writing or with the permanent data keeper within 3 days from the date of the situation.
In this case, the SELLER will return all collected payments, including delivery costs, to the BUYER no later than 14 (fourteen) days from the date of notification.
6.7 The SELLER is responsible for the losses and damages that occur until the delivery of the goods to the BUYER or a third person determined by the BUYER other than the carrier.
6.8 In case the BUYER requests the shipment of the goods with another carrier other than the carrier determined by the SELLER, the SELLER is not responsible for any loss or damage that may occur from the delivery of the goods to the relevant carrier.
6.9 The service offered by the SELLER is for the consumer within the scope of retail sales; The SELLER reserves the right to cancel the order and not to deliver the products even if this Agreement is established, if the BUYER suspects that it has a resale purpose.
6.10 SELLER is obliged to inform the BUYER if the SELLER is unable to deliver the product because of force majeur or exceptional cases such as weather conditions or transportation outage within the due period. In this case, the BUYER may exercise one of their rights to cancel the order, replace the Contract product with an equal product, and/or to postpone the shipment until the elimination of the situation that prevents the shipment. If the BUYER cancels the order, the amount paid shall be fully refunded in cash within 14 days.
ARTICLE 7 - AUTHORIZED COURT
In the implementation of this Agreement, consumer complaints and complaints can be submitted to the arbitral tribunal or to the consumer court, within the monetary limits determined by the Ministry of Customs and Trade of the Republic of Turkey every year, within the monetary limits.
Exemption
The provisions of the article in this distance sales contract that provide legal protection to consumers arising from the Law on the Protection of Consumers no. 6502 will only be valid when the buyer is a Consumer, and the relevant articles will not be valid between the parties in cases where the buyer does not comply with the Consumer definition in the law no. 6502.
Gul Ovet Jardinerie Çiçekçilik