This Agreement governs the rights and obligations of the parties regarding the sale and delivery to the BUYER of the following product(s) ("Product(s)) that the BUYER (Consumer) wishes to purchase by placing an order with the SELLER on the zarifoglubaharat.com electronic commerce website ("WEBSITE"), and other matters. After the BUYER confirms this Agreement on the WEBSITE, the price and expenses of the Product(s) ordered will be collected through the payment method chosen by the BUYER.
1. PARTIES
SELLER INFORMATION
Title : ASFİN FOOD COSMETICS CONSTRUCTION INDUSTRY AND TRADE LIMITED COMPANY
("SALES PERSON")
Address: MACUNKÖY NEIGHBORHOOD No: 10.BLOK Interior Door No: 295 Yenimahalle/Ankara
Phone: 0312 397 46 44
Email: zarifoglueticaret@hotmail.com
KEP ADDRESS: asfingida@hs01.kep.tr
MERSIS Number: [0086051530000001]
Cargo Company to Which the BUYER Will Send the Goods to the Seller in Case of Return:
Address to which the BUYER will send the goods to the Seller in case of return: Istanbul Road 30. Km Fatih Sultan Mehmet Bulvarı No:327 Saray Kahramankazan / ANKARA
BUYER INFORMATION
Name Surname: ("BUYER")
Delivery Address: @BuyerShipmentAddress
Telephone:
Email: @BuyerShipmentEmail
BILLING INFORMATION
Name Surname / Title:
Address: @BuyerInvoiceAddress
Telephone:
Email/username: @BuyerInvoiceEmail
Invoice delivery: The invoice will be delivered along with the order to the invoice address during order delivery.
2. SUBJECT AND SCOPE OF THE AGREEMENT
2.1. This Distance Selling Agreement ("Agreement") has been drawn up in accordance with the Consumer Protection Law No. 6502 ("Law") and the Distance Contracts Regulation No. 20237. The parties to this Agreement acknowledge and declare that they are aware of and understand their obligations and responsibilities arising from the Law and the Distance Contracts Regulation under this Agreement.
2.2. The subject of this Agreement is to determine the rights and obligations of the parties in accordance with the provisions of the Law and the Distance Contracts Regulation No. 20237, regarding the sale and delivery of goods or services with the qualities specified in the Agreement, for which the BUYER has placed an electronic order through the website named www.zarifoglubaharat.com ("Website").
2.3. After the BUYER confirms this Agreement via the Website, the price and expenses of the Product(s) ordered will be collected via the payment method he/she has chosen.
3. CONTRACTUAL PRODUCT AND PRICE
Price, payment and delivery information regarding the Products are as follows:
Payment Method and Plan:
4. DELIVERY COSTS AND PERFORMANCE
Delivery Address:
Person(s) to be Delivered:
4.1. If the Products are in stock, shipment will begin within 7 (seven) business days following the order placed by the BUYER.
4.2. The Product will be delivered to the address and authorized person(s) specified by the BUYER on the order form and in this Agreement. If no one is available to receive the Product, it is the BUYER's responsibility to contact the cargo company and track the Product's shipment. If the Product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization is not present at the address or refuses to accept delivery. In such cases, all damages resulting from the BUYER's late receipt of the Product, as well as any expenses incurred due to the Product being held by the cargo company and/or the cargo being returned to the SELLER, are the responsibility of the BUYER.
4.3. If the cargo company that will make the delivery does not have a branch in the BUYER's location, the BUYER must pick up the Product from a nearby branch to be specified by the SELLER. The necessary information regarding this matter will be provided to the BUYER via e-mail, SMS or telephone.
4.4. Unless otherwise provided, the delivery costs of the Product are the responsibility of the BUYER. If the SELLER has declared on the Website that it will cover the delivery costs, the delivery costs will be the responsibility of the SELLER.
4.5. Delivery of the goods will be made within the promised time period, provided the SELLER's stock is available and after payment is made. The SELLER will deliver the Product within 30 (thirty) days of the Buyer ordering the goods or services, save for the cases where fulfillment of the ordered Product becomes impossible.
4.6. If the Product cannot be delivered within 30 (thirty) days due to extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquake, flood, fire) outside of normal sales/delivery conditions, the SELLER will notify the BUYER regarding delivery. In this case, the BUYER may cancel the order, order a similar product, or wait until the extraordinary circumstances are resolved.
4.7. If, for any reason, the BUYER fails to pay for the goods or services, or if the payment is canceled in the bank's records, the SELLER is deemed to be relieved of its obligation to deliver the goods or services. The BUYER acknowledges, declares, and undertakes that if the BUYER defaults on payment by credit card, it will pay interest and be liable to the bank within the framework of the credit card agreement between the cardholder and the bank. In this case, the relevant bank may take legal action; it may demand the incurred 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 any losses and damages incurred due to the delayed payment of the debt.
4.8. In cases where the fulfillment of the ordered goods or services becomes impossible, the SELLER shall notify the BUYER within 3 (three) days from the date of learning of this situation and refund all payments collected, including delivery costs, if any, within 14 (fourteen) days from the date of notification, or, provided that the verbal/written approval of the BUYER is obtained, it may supply another good/service of equal quality and price and shall thereby be deemed to have fulfilled its commitment under the Contract. The BUYER is free in all respects to give or not give such approval, and in cases where it does not give approval, the aforementioned price will be refunded.
4.9. The BUYER is responsible for checking the Product upon receipt and, if any problem is detected with the Product due to the cargo, to refuse to accept the Product and to have a report drawn up by the cargo company representative. Otherwise, the SELLER will not accept any liability.
4.10. Unless otherwise stipulated in writing by the SELLER, the BUYER must pay the full price of the Product before receiving it. If the Product price is not paid to the SELLER in full before delivery for cash sales, or if the due installment amount is not paid for installment sales, the SELLER may unilaterally cancel the Agreement and not deliver the Product.
4.11. If, for any reason, a payment made by the BUYER is cancelled in bank records, the SELLER is deemed to be relieved of its obligation to deliver the Product. If, after delivery of the Product, the relevant bank or financial institution fails to pay the SELLER the price of the goods or services due to the unfair or illegal use of the BUYER's credit card by unauthorized persons not due to the BUYER's fault, the BUYER is obligated to return the goods or services to the SELLER within 3 (three) days, provided they have been delivered to the BUYER. In such a case, the delivery costs are the responsibility of the BUYER.
If non-payment of the Product price is due to a fault or negligence on the part of the BUYER, the shipping costs will be covered by the BUYER. The SELLER also reserves all other contractual and legal rights, including the right to pursue the Product price without accepting the return, in any case. For the avoidance of doubt; in cases where the BUYER pays the sales price with a credit card, installment card, etc., obtained from banks (including financial institutions), all facilities provided by these cards are credit and/or installment payment options provided directly by the card issuing institution. Product sales made within this framework, where the SELLER collects the price in a lump sum or in stages, are not credit or installment sales for the parties to this Agreement, but are cash sales. The SELLER's legal rights in cases legally considered installment sales (including the right to terminate the contract in the event of non-payment of installments and/or to demand payment of the entire remaining debt with default interest) are existing and reserved within the framework of the relevant legislation. In case of default by the BUYER, default interest will be charged at a monthly rate as stipulated by the applicable laws.
5. SELLER'S DECLARATIONS AND COMMITMENTS
SELLER accepts, declares and undertakes to perform the work in accordance with the legal regulations, in a sound manner, in accordance with the standards, free from all defects, on the basis of honesty and integrity, to maintain and improve the service quality, to show the necessary attention and care during the performance of the work, and to act with caution and foresight.
6. BUYER'S DECLARATIONS AND COMMITMENTS
6.1. The BUYER declares that it has read and is aware of the preliminary information uploaded by the SELLER regarding the basic characteristics, sales price, payment method, delivery and shipping costs of the Products subject to the Agreement on the Website, and has provided the necessary confirmation electronically. The BUYER acknowledges, declares, and undertakes that its electronic confirmation of the Preliminary Information precedes the establishment of the distance sales contract, and that it has obtained the address to be provided to the BUYER by the SELLER, the basic characteristics of the ordered products, the price of the products including taxes, and the correct and complete payment and delivery information.
6.2. BUYER, as a consumer, may submit their requests and complaints using the SELLER contact information above and/or through the Contact Us tab on the Website.
6.3. By confirming this Agreement and the Preliminary Information Form electronically, the BUYER confirms that he has received the address, basic features of the ordered goods or services, price of the goods or services including taxes, payment and delivery and delivery price information that should be given to the BUYER by the SELLER before the conclusion of distance contracts, accurately and completely.
6.4. If the BUYER is a legal entity, the BUYER will not be able to exercise rights under the Law, particularly the right of withdrawal, for products purchased for commercial or professional purposes. Bulk purchases are considered of this nature in all cases. Furthermore, if the BUYER is a legal entity, in accordance with tax legislation, in addition to the cases where a return invoice is legally required by the BUYER, the return section must be completed and signed on the invoice to be returned with the Product. Returns of orders whose invoices are issued in the name of legal entities will not be accepted unless a return invoice is issued.
6.5. This Agreement and the Preliminary Information Form will be sent to the BUYER via e-mail after the Agreement is approved and established by the BUYER on the Website. The BUYER understands and agrees that the Agreement and the Preliminary Information Form may be accessed here at any time. The aforementioned texts will be retained by the SELLER for a period of 3 (three) years.
6.6. If the BUYER defaults on credit card transactions, the cardholder will pay interest and be liable to the bank within the framework of the credit card agreement it has with the bank. 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 will be liable for any losses and damages incurred by the SELLER due to the BUYER's delayed payment of the debt.
6.7. 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.
6.8. 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.
6.9. 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.
6.10. BUYER may not use SELLER's website in any way that disrupts public order, violates morality, disturbs or harasss 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.
6.11. 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.
6.12. 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.
6.13. In cases where the SELLER is to issue a refund, the product amount for payments made by the BUYER via credit card will be refunded to the relevant bank within 14 days of the BUYER canceling the order. The BUYER acknowledges, declares, and undertakes that the average time it takes for the amount refunded to the SELLER's credit card to be reflected in the BUYER's account by the bank may be 2 to 3 weeks. Since the reflection of this amount in the BUYER's account after its refund to the bank is entirely dependent on the bank transaction process, the BUYER cannot hold the SELLER responsible for any possible delays.
6.14. 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 statement from the previous month for the credit card used in the order, or a letter from the card holder's bank confirming that the credit card belongs to them. 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.
7. RIGHT OF WITHDRAWAL
7.1. The BUYER has the right to withdraw from this Agreement within 14 (fourteen) days from the date of receipt of the Product, without giving any reason and without paying any penalty. The BUYER may also exercise his right of withdrawal up to the delivery of the Product.
7.2. The BUYER may exercise the right of withdrawal by filling out the return form on the back of the invoice or by visiting the link ………………………………….. The BUYER must fill out the relevant return request form, obtain the return address information, and return the Product within 10 (ten) days from the date of exercising the right of withdrawal. The invoice, the product box, packaging, standard accessories, if any, and any other products gifted with the Product must be returned complete and undamaged. The BUYER is not responsible for any changes or deteriorations that occur if the product is used in accordance with its operation, technical specifications, and operating instructions during the withdrawal period. Accordingly, if the Product is changed or deteriorated due to failure to use the Product in accordance with its operating instructions, technical specifications, and operating instructions until the withdrawal date, the BUYER may lose its right of withdrawal; at the SELLER's discretion, a deduction may be made from the price of the returned Product in the amount of the change/deterioration.
7.3. As long as the BUYER sends the Product to be returned to the Seller using the Seller's contracted cargo company specified in the Preliminary Information Form, the return shipping cost belongs to the SELLER. If the BUYER sends the returned product using a cargo company other than the SELLER's contracted cargo company specified in the Preliminary Information Form, the SELLER is not responsible for the return shipping cost or any damage to the product that may occur during the shipping process.
7.4. Within 14 (fourteen) days from the BUYER exercising its right of withdrawal, all payments made by the BUYER for the relevant goods or services, including delivery costs (if any) (provided that the goods are returned via the carrier specified by the SELLER for return), will be refunded to the BUYER in a single lump sum, in accordance with the payment method used at the time of purchase, without imposing any cost or liability on the consumer. In transactions made by credit card, since the reflection of the Product price in the BUYER's account after the refund is made to the bank by the SELLER, is entirely a bank-related process, the BUYER hereby acknowledges that the SELLER cannot intervene or assume any responsibility for possible delays.
8. CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED
8.1. In accordance with consumer legislation, the BUYER does not have the right of withdrawal in the following cases:
i. In contracts regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the SELLER (e.g. products in the jewelry, gold and silver category);
ii. In contracts regarding the delivery of goods that are prepared in line with the BUYER's requests or clearly in line with his personal needs, are not suitable for return due to their nature and are in danger of rapid deterioration or expiration;
iii. In contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable for health and hygiene reasons;
iv. In contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature;
v. In contracts regarding books, audio or video recordings, software programs and computer consumables offered in material form, provided that protective elements such as packaging, tape, seal, package have been opened by the BUYER;
vi. In contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement;
vii. Contracts regarding accommodation, goods transportation, car rental, food and beverage supply and the evaluation of free time for entertainment or recreation purposes that must be made on a specific date or period;
viii. In contracts regarding the performance of services related to betting and lottery;
ix. In contracts regarding services that begin to be performed with the consumer's approval before the expiration of the right of withdrawal period; and
x. Contracts regarding services performed instantly in electronic environment and intangible goods delivered instantly to the consumer (such as coupons).
8.2. The right of withdrawal cannot be exercised in respect of goods or services excluded from the scope of the Distance Contracts Regulation (foodstuffs, beverages or other daily consumption items delivered to the BUYER's home through the SELLER's regular deliveries and services in areas such as travel, accommodation, restaurant business and entertainment sector).
8.3. In cases where the right of withdrawal is exercised for all or part of the ordered products (if any, exercised by the BUYER), if the minimum purchase amount falls below the SELLER's free shipping (delivery) campaign as a result of the right of withdrawal, the entire delivery-cargo fee not collected within the scope of the campaign will be deducted from the amount to be refunded to the BUYER. In cases where the BUYER pays the delivery-cargo fee, this fee will be refunded in full to the BUYER.
9. RULES ON SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The privacy rules-policy and conditions specified below apply to the protection, confidentiality, processing-use and communications of information on the WEBSITE and other matters.
9.1. Necessary measures for the security of the information and transactions entered by the BUYER on the WEBSITE have been taken within the SELLER's system infrastructure, within the limits of current technical capabilities, depending on the nature of the information and transactions. However, since the information in question is entered from the BUYER's device, the BUYER is responsible for taking the necessary precautions, including those against viruses and similar malicious applications, to protect it from unauthorized access.
9.2. The information obtained by the BUYER during their membership to the WEBSITE and their purchases may be recorded indefinitely or for a period determined by the SELLER, stored in printed/magnetic archives, updated, shared, transferred, used, and processed in other ways when deemed necessary, for all kinds of electronic and other commercial-social communications for the purposes of information, advertising-publicity, promotions, sales, marketing, store card, credit card, and membership applications. These data may also be forwarded to the relevant authorities and courts when legally required. The BUYER consents and allows its current and new personal and non-personal information to be used, shared, processed, and to be sent commercial and non-commercial electronic and other communications within the above scope in accordance with the legislation on the protection of personal data and electronic commerce legislation.
9.3. The BUYER may stop data use, processing, and/or communications at any time by contacting the SELLER through the specified communication channels. Pursuant to the BUYER's express notification in this regard, personal data processing and/or communications will be stopped within the legally maximum period. Furthermore, if the BUYER so requests, information other than those legally required and/or possible to be preserved will be deleted from the data recording system or anonymized in a way that prevents identification. The BUYER may, if it wishes, contact the SELLER through the above communication channels and receive information regarding the processing of its personal data, the persons to whom it was transferred, the correction of incomplete or inaccurate data, the notification of corrected information to relevant third parties, the deletion or destruction of data, objection to any adverse results arising from analysis by automated systems, and compensation for damages incurred due to unlawful processing of data. Applications and requests regarding these matters will be fulfilled within the legally maximum period or may be rejected after the legal justification is explained to the BUYER.
9.4. Regarding all information and content of the WEBSITE and their arrangement, revision and partial/full use, all intellectual and industrial property rights and property rights belong to the SELLER, except those belonging to other third parties in accordance with the agreement of the SELLER.
9.5. SELLER reserves the right to make any changes it may deem necessary regarding the above-mentioned matters within the framework of the Law on the Protection of Personal Data and relevant legislation; these changes shall be valid from the moment they are announced by SELLER on the WEBSITE or by other appropriate methods.
9.6. Other sites accessed from the WEBSITE are subject to their own privacy-security policies and terms of use, and the SELLER is not responsible for any disputes or negative consequences that may arise.
10. DISPUTE RESOLUTION
10.1. In disputes arising from this Agreement, Provincial and District Consumer Arbitration Committees shall have jurisdiction within the monetary limits determined and announced annually by the Ministry of Trade, and Consumer Courts shall have jurisdiction in cases exceeding these limits. In this context, the BUYER may apply to the Arbitration Committees or Consumer Courts in his or her place of residence or, if he or she so wishes, in the SELLER's place of residence.
10.2. All correspondence between the parties under this Agreement shall be conducted via electronic mail, except in cases of necessity as stipulated in the legislation. BUYER acknowledges, declares, and undertakes that, in any disputes arising from this Agreement, SELLER's official books and commercial records, as well as the electronic information and computer records kept in its database and servers, shall constitute binding, definitive, and exclusive evidence, and that this article constitutes an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
11. MATTERS OF WHICH THE BUYER WAS INFORMED IN ADVANCE
BUYER confirms and accepts that he/she has been informed about the following matters by seeing and examining all general and special explanations on the relevant pages and sections of the WEBSITE before this Agreement is accepted and established by the BUYER on the WEBSITE and before placing an order or taking on the payment obligation.
- SELLER's title, contact information and current introductory information,
- Appropriate tools and methods for correcting incorrectly entered information and the sales process stages during the purchase of the product(s) from the WEBSITE,
- Electronic contact information (www.ato.org.tr) where the SELLER can obtain information about the Professional Chamber (ATO-Ankara Chamber of Commerce) to which the SELLER is a member and the rules of conduct stipulated by ATO regarding the profession.
- The privacy, data use-processing and electronic communication rules applied by the SELLER for the BUYER information and the permissions given by the BUYER to the SELLER in these matters,
BUYER's legal rights, SELLER's rights and the parties' methods of exercising their rights,
- Shipping restrictions for the products as stipulated by the SELLER,
- Payment methods and instruments accepted by the SELLER for the Product(s) subject to the contract, basic features and characteristics of the Products, total price including taxes (total price to be paid by the BUYER to the SELLER, including relevant expenses),
- Information on the procedures for delivering the products to the BUYER and shipping-delivery-cargo costs,
- Other payment/collection and delivery information regarding the products and information regarding the performance of the Agreement, the commitments and responsibilities of the parties in these matters,
- Products and other goods and services for which the BUYER does not have the right of withdrawal,
- In cases where the BUYER has the right of withdrawal, the conditions, duration and procedure for exercising this right and the fact that the BUYER will lose his right of withdrawal if the right is not exercised in due time,
- For Products with a right of withdrawal, if the Product is damaged or altered due to not being used in accordance with the instructions, normal operation or technical specifications within the withdrawal period, the BUYER's withdrawal request may not be accepted and he/she will be liable to the SELLER in any case. In cases where the SELLER accepts the product, he/she may deduct (set off) from the refund to be made to the BUYER an amount he/she deems appropriate depending on the damage or alteration in question.
- In cases where the right of withdrawal exists, how the Products can be returned to the SELLER and all related financial matters (including return methods, costs and refund of the Product price and discounts and offsets that can be made for reward points earned/used by the BUYER during the return),
- If the BUYER is a legal entity, he/she cannot exercise his/her "consumer rights", especially the right of withdrawal, for the Products he/she purchased for commercial or professional purposes (for example, bulk purchases are considered as such in any case),
- Depending on its nature, this Agreement and all other sales conditions included in this Agreement may be stored and accessed by the BUYER for a period of time as it is sent to the BUYER via e-mail after being approved and established by the BUYER on the WEBSITE, and the SELLER may keep it for a period of three years.
- In case of dispute, the BUYER may submit his complaints to the SELLER through the contact information and legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.
This Agreement, consisting of 11 (ELEVEN) articles, has been concluded and entered into force by being read by the parties and approved electronically by the BUYER.