Distance Sale Agreement
ARTICLE 1 - PARTIES 1.1 - SELLER
Title: Aysun Aktas Not Just A Cuppa
Address: Dikilitas Mah. Karakis Sok. 18 Besiktas, Istanbul, TURKEY
1.2 – BUYER
ARTICLE 2 – SUBJECT
2.1 The subject of this agreement is the determination of the rights and liabilities of the parties in accordance with the Law on the Protection of Consumers numbered 6502 and the Regulation regarding Distance Agreements dated 6 March 2011 in relation with the sale and delivery of the product which the BUYER has ordered electronically over the SELLER’s website http://www.notjustacuppa.com and the qualifications and price of which are stated below.
2.2 The prices listed and announced on the website are sale prices. The announced priced and undertakings are valid until updated or amended.
ARTICLE 3 – PRODUCT
The kind, type, quantity, brand/model, colour, size, sale price including taxes and delivery information of the products are as follows;
Method of Payment:
ARTICLE 4 – GENERAL PROVISIONS
4.1 The BUYER states that he/she has been informed on the website http://www.notjustacuppa.com about the qualifications, sale price, method of payment, preliminary information concerning delivery and the right of “withdrawal” with regards to the product subject of this agreement and that he/she is electronically confirming such information.
4.2 By electronically confirming this agreement, the BUYER confirms that before the execution of the distance sale agreement, he/she has fully and accurately obtained information regarding the address, qualifications of the ordered products, price of the products in Turkish Lira including tax and payment and delivery information.
4.3 In the event the product will be delivered to another person/institution other than the BUYER, the SELLER cannot be held liable for the refusal of acceptance of delivery by such person/institution.
4.4 Provided that the legal 30 days term is not exceeded, the product subject to the agreement shall be delivered to the BUYER or the person/institution appointed by the BUYER within the time period stipulated in the preliminary information on the website of the SELLER, depending on the distance of the address of the BUYER.
4.5 The shipping fee shall be paid by the SELLER. The SELLER cannot be held liable in the event the ordered product cannot be delivered to the BUYER due to any problem the shipping company encounters during the delivery stage of the product.
4.6 The SELLER is responsible for the valid and full delivery of the product.
4.7 The BUYER is required to inspect the product at the moment of delivery, refuse acceptance of delivery if he/she detect a problem originating from shipping and have the shipping company officer prepare a statement. Otherwise, the SELLER will not accept any responsibility.
4.8 Before the end of the performance period of the agreement, the Seller may provide the BUYER with another product at equal quality and price provided the BUYER is informed and her/his explicit approval is obtained.
4.9 In the event the procurement of the product or the service subject to the order becomes impossible and the SELLER cannot perform its obligations arising from the agreement, such situation shall be notified to the BUYER prior to the end of the performance period arising from the agreement and the total price shall be returned within 10 days.
4.10 In the event the price of the product is not paid or cancelled by the bank, the SELLER shall be deemed to be released from its delivery obligation.
4.11 After the delivery of the product, in the event the bank or the financial institution of the credit card which the transaction has been made with does not pay the product price to the SELLER due to any reason, the BUYER is required to return the product to the SELLER with 3 days provided that the product has been delivered to the BUYER. In this case, the shipping fees belong to the BUYER. All contractual and legal rights of the SELLER including the pursuance of the product price are in any case reserved. In the event the SELLER cannot deliver the product within the relevant period due to force majeure or extraordinary conditions such as adverse weather conditions disrupting shipment, interruption of transportation, earthquake, flood or fire the SELLER shall notify the BUYER. In this case, the BUYER may choose to cancel the order, replacement of the product with an equal and/or postponement of the delivery period until the impeding condition is removed. In the event the BUYER cancels the order, the total amount paid by the BUYER shall be returned to the relevant bank within 10 days. Since the reflection of the return of such amounts to the accounts of the BUYER is completely related to the transaction process of the bank, the BUYER accepts that the SELLER cannot interfere in any way with any possible delays and that it could take approximately 2 to 3 weeks for the amount returned to the BUYER’s credit card by the SELLER to be reflected to the accounts of the BUYER by the bank.
4.12 Since the payment will be made with credit card, the SELLER cannot charge any default interest.
ARTICLE 5 – RIGHT OF WITHDRAWAL
5.1 In distance agreements concerning sale of goods, the BUYER has the right to withdraw from the agreement within 14 (fourteen) days following the date of delivery to the BUYER of the person/institution at the address without showing any reasons or paying any penalties. The notification concerning the exercise of the right of withdrawal is required to be directed to the SELLER within such time period. The provisions of the Law on the Protection of Consumers numbered 6502 and relevant regulations concerning the right of withdrawal are reserved. In the event of exercise of this right, the following shall be fully delivered to the SELLER free of damage;
a) the invoice of the product delivered to the BUYER or third person;
b) box, packaging of the returned products together.
5.2 The shipping fee of the returned product shall be met by the BUYER.
ARTICLE 6 – PRODUCTS WITHOUT RIGHT OF WITHDRAWAL
The right of withdrawal cannot be exercised in agreements concerning the sale of goods which have been prepared as per the requests and personal needs of the BUYER, which are not fit for return in terms of qualifications and which may easily spoil or goods of which the expiration date may pass or agreements concerning audio or visual recordings, software programs or computer consumable materials provided that the packaging was removed by the BUYER.
ARTICLE 7 – JURISDICTION
In relation with the implementation of this agreement, up to the value determined by the provision of the Law on the Protection of Consumers numbered 6502 and relevant regulations, Consumers Arbitration Committee and the Consumer Courts at the place where the BUYER purchased the goods or services and at the BUYER’s place of residence shall have jurisdiction.
The SELLER may direct its complaints and objections to the Consumers Arbitration Committee and the Consumer Courts at the place of purchase of the goods or services or at the place of residence as per the monetary amounts determined by the provision of the Law on the Protection of Consumers numbered 6502 and relevant regulations. This agreement has been executed for commercial purposes.
SELLER: Aysun Aktas Not Just A Cuppa