ARTICLE 1 - PARTIES
1.1 SELLER
Title: HOMESTEAD COFFEE GIDA
Address: Sarısu, 144 Sokak N. 4/12, 07130 Konyaaltı/Antalya
Phone: 0537 977 49 66
Email Address: info@homesteadcoffeecompany.com
Product Return Address: Sarısu, 144 Sokak N. 4/12, 07130 Konyaaltı/Antalya
1.2 BUYER
Name Surname:
Address:
Phone:
Email Address:
ARTICLE 2 - SUBJECT
The subject of this contract is to determine the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on Principles and Procedures for the Application of Distance Contracts, regarding the sale and delivery of the product, whose characteristics and sales price are specified below, ordered electronically by the BUYER from the SELLER's website info@homesteadcoffeecompany.com.
ARTICLE 3 - PRODUCT SUBJECT TO THE CONTRACT
The type, quantity, brand/model, color, sales price, and delivery information of the products are as stated below.
DESCRIPTION | QUANTITY | PRICE INCLUDING VAT | SUB-TOTAL
Order Processing and Shipping Fees:
Delivery Address:
Person to be Delivered to:
Invoice Address:
ARTICLE 4 - GENERAL PROVISIONS
4.1 The BUYER declares that they have read and understood the preliminary information regarding the basic characteristics of the product subject to the contract, the sales price including all taxes, the payment method, that the delivery and its costs will be covered by the BUYER, the delivery period, and the SELLER's full commercial title, open address, and contact information on the website info@homesteadcoffeecompany.com, and that they have provided the necessary confirmation electronically.
By confirming this contract electronically, the BUYER confirms that they have received accurate and complete information regarding the address, basic features of the ordered products, prices of the products including taxes, and payment and delivery information, which must be provided by the Seller to the Consumer before concluding distance contracts.
The Parties accept and declare that, in addition to the terms of this Agreement, they accept the provisions of Law No. 4077 on Consumer Protection and the Regulation on Distance Contracts published in the Official Gazette dated 06.03.2011 and numbered 27866, and that they will act in accordance with these provisions.
4.2 The product subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the preliminary information on the website, depending on the distance of the BUYER's settlement, provided that it does not exceed 30 days from the order date. All shipping fees related to the delivery shown in Article 3 shall be borne by the BUYER and will be reflected on their invoice as "Shipping Fee".
4.3 If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered to does not accept the delivery.
4.4 The SELLER cannot be held responsible for the non-delivery of the ordered product to the BUYER due to any problem encountered by the shipping company during the delivery of the product to the BUYER.
4.5 The SELLER is responsible for delivering the product subject to the contract sound, complete, in accordance with the specifications stated in the order, and with any warranty certificates and user manuals, if any.
4.6 The SELLER may supply a different product of equal quality and price to the BUYER before the expiration of the performance obligation arising from the contract, provided that there is a just cause.
4.7 If the SELLER cannot fulfill its contractual obligations due to the impossibility of performing the ordered product or service, it shall notify the consumer of this situation before the performance obligation due date and may supply a different product of equal quality and price to the BUYER if available in stock.
4.8 The SELLER reserves the right to supply a different product of equal quality and price in order to fulfill its contractual performance obligation if the performance of the ordered product and/or service becomes impossible after the campaign period. However, the Consumer accepts that the SELLER, who informs them before the expiration of the performance obligation that the product they purchased cannot be supplied due to unavailability in stock, also reserves the right to refund the product price. The Consumer will not be able to demand a different product of equal quality and price instead of a refund, even if they are informed that the product is out of stock.
4.9 For the delivery of the product subject to the contract, the signed copy of this contract must have been delivered to the SELLER and the payment must have been made using the payment method preferred by the BUYER. If for any reason the product price is not paid or is canceled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product.
4.10 If the product price is not paid to the SELLER by the relevant bank or financial institution due to the unauthorized, wrongful, or unlawful use of the BUYER's credit card, debit card, and/or İninal card, and other payment systems offered on the Website, after the delivery of the product, without any fault of the BUYER, the BUYER is obliged to return the relevant product to the SELLER within 3 days, provided that it has been delivered to them. In this case, shipping costs belong to the BUYER.
4.11 If the SELLER cannot deliver the product subject to the contract within the due period due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation, interruption of transportation, it is obliged to inform the BUYER of this situation. In this case, if the BUYER cancels the order, the amount paid will be refunded in cash within 10 days.
In case of payments made by the BUYER with a credit card, debit card, and/or debit card and other payment systems offered on the Website, the product amount is refunded to the relevant bank within 7 days after the order is canceled by the BUYER. For payments made with an İninal Card, the product amount is refunded to the user's İninal Card account within 24 hours after the order is canceled by the BUYER. After this amount is refunded to the bank and/or İninal Card account, its reflection on the BUYER's accounts is entirely related to the bank and/or İninal Card processing period, and the SELLER cannot intervene in this matter in any way.
4.12 All articles of this contract have been mutually read and accepted by the Buyer and the Seller, and this contract enters into force as of the date the Buyer approves it electronically.
ARTICLE 5 - RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from the contract within 14 days from the date of delivery of the product subject to the contract to themselves or to the person/organization at the address indicated by them, without having to show any reason. To exercise the right of withdrawal, the SELLER must be notified by fax, phone, or email within the 14-day period, and the product must be unused and suitable for resale by the SELLER within the framework of Article 6 provisions. In case this right is exercised,
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a. The invoice of the product delivered to the third party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution. Order returns issued in the name of institutions cannot be completed if a RETURN INVOICE is not issued.)
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b. Return form,
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c. The boxes, packaging, and standard accessories, if any, of the products to be returned within the 14-day period must be delivered complete and undamaged. Following the receipt of these documents by the SELLER, the product price will be refunded to the BUYER within 7 days.
The shipping cost of the product returned for any reason within the period will be covered by the SELLER.
When the product is returned to the SELLER, the original invoice presented to the BUYER during the delivery of the product must also be returned (to ensure consistency in our accounting records). If the invoice is not sent with the product or at the latest within 5 days from the shipment of the product, the return process will not be carried out, and the product will be sent back to the BUYER with freight collect in the same manner. The phrase "return invoice" will be written on the invoice to be returned with the product and signed by the BUYER.
ARTICLE 6 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
10.1. In the case of a distance contract regarding the sale of goods, the BUYER may exercise their right of withdrawal from the contract by rejecting the goods without assuming any legal or criminal liability and without showing any justification, provided that they notify the SELLER within 14 (fourteen) days from the delivery date of the product to themselves or to the person/organization at the address indicated by them. In distance contracts regarding the provision of services, this period begins from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the consumer's approval before the expiration of the right of withdrawal period. The expenses arising from the exercise of the right of withdrawal belong to the SELLER. The BUYER, by accepting this contract, acknowledges that they have been informed about the right of withdrawal. 10.2. To exercise the right of withdrawal, written notification must be made to the SELLER via registered mail, fax, or email within 14 (fourteen) days, and the product must not have been used within the framework of the "Products for Which the Right of Withdrawal Cannot Be Exercised" provisions regulated in this contract. In case this right is exercised, a) The invoice of the product delivered to the third party or the BUYER (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution. Order returns issued in the name of institutions cannot be completed if a RETURN INVOICE is not issued.) b) Return form, c) The boxes, packaging, and standard accessories, if any, of the products to be returned must be delivered complete and undamaged. d) The SELLER is obliged to refund the total price and the documents that incur debt on the BUYER within 10 days at the latest from the receipt of the withdrawal notification and to take back the goods within 20 days. e) If there is a decrease in the value of the goods or if the return becomes impossible due to the BUYER's fault, the BUYER is obliged to compensate the SELLER's damages in proportion to their fault. However, the BUYER is not responsible for changes and deterioration that occur due to proper use of the goods or product within the right of withdrawal period. f) If the campaign limit amount falls below due to the exercise of the right of withdrawal, the discount amount benefited under the campaign will be canceled.
ARTICLE 7 - DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on their credit card transactions, they will pay interest and be responsible to the bank within the framework of the credit card agreement they have made with the card-issuing bank. In this case, the relevant bank may resort to legal remedies; it may demand the resulting expenses and attorney's fees from the BUYER, and in any case, if the BUYER defaults on their debt, the BUYER agrees to pay the SELLER's damages and losses incurred due to the delayed performance of the debt.
If the BUYER defaults, the BUYER agrees to pay the SELLER's damages and losses incurred due to the delayed performance of the debt. In cases where the BUYER's default is caused by the SELLER's fault, the BUYER will not be obliged to meet any claims for damages and losses.
ARTICLE 8 - AUTHORIZED COURT
In the implementation of this contract, Consumer Arbitration Committees up to the value declared by the Ministry of Customs and Trade, and Consumer Courts in the SELLER's place of residence are authorized. If the order is approved, the BUYER is deemed to have accepted all conditions of this contract.
PARTIES
SELLER: HOMESTEAD COFFEE GIDA
BUYER:
DATE:
