DISTANCE SALES AGREEMENT
1. DEFINITIONS
WEBSITE: The medium through which the SELLER sells its Products and Services to the Consumer over the internet.
SELLER / SOY TÜRKİYE: The legal entity that sells the products within the scope of this Agreement.
PRODUCT / PRODUCTS: Includes all goods and services sold to CONSUMERS on the WEBSITE.
CONSUMER: Refers to person(s) who order PRODUCTS only as Consumers within the scope of Consumer Legislation through the WEBSITE.
CONTRACT: Contains the terms and obligations of the sales transaction made by the SELLER to the CONSUMER through the WEBSITE.
PRE-ORDER: Pre-order sales transactions where the shipment processes of the products offered for sale as Pre-Order by the SELLER begin as of the estimated stock entry date specified on the product page.
2. SUBJECT OF THE AGREEMENT
This agreement is only valid for sales transactions made B2C to End Consumers (The provisions of the Turkish Commercial Code will be taken into account in Commercial/Wholesale sales transactions and such transactions are outside the scope of this Agreement) and regulates the rights and obligations of the parties regarding the sale-delivery of the following products ("Product/Products") that the Consumer wishes to purchase by placing an order on the WEBSITE and other matters, including cases where the Consumer makes transactions via the application on his/her mobile device.
After the Consumer approves this agreement on the WEBSITE, the price and expenses of the Product(s) he/she orders are collected via the payment method he/she chooses.
After the Consumer approves this agreement on the WEBSITE, the price and expenses of the Product(s) he/she orders are collected through the payment method he/she chooses.
3. FEATURES OF THE PRODUCT SUBJECT TO THE CONTRACT
Type and kind of the product, quantity, brand/model, color and sales price including all taxes are as stated in the information on the product introduction page of the Seller's website and in the invoice which is considered as an integral part of this agreement. According to the information on the Website, products that are within the scope of special productions for needs/demands are subject to Article 5.1.1 of this Agreement.
The consumer can pay the product prices within the scope of the order through any payment method on the Seller's Website.
4. RIGHT OF WITHDRAWAL AND NOTIFICATION OF WITHDRAWAL
4.1. RIGHT OF WITHDRAWAL
4.1.1. The Consumer has the right to withdraw from the Agreement within 14 (fourteen) days from the date of receipt of the Product, in accordance with the law, without giving any reason and without paying any penalty. The Consumer may also exercise the right of withdrawal during the period until the delivery of the goods.
4.1.2. The right of withdrawal period starts on the day the consumer or the third party determined by the consumer receives the goods in contracts related to the delivery of goods. However, the consumer may also exercise the right of withdrawal during the period from the establishment of the contract to the delivery of the goods. In determining the right of withdrawal period;
a) For goods that are the subject of a single order and delivered separately, the day the consumer or the third party determined by the consumer receives the last goods,
b) For goods consisting of more than one piece, the day the consumer or the third party determined by the consumer receives the last piece,
c) In contracts where the goods are delivered regularly for a certain period, the day the consumer or the third party determined by the consumer receives the first goods shall be taken into account.
4.1.3. METHODS OF RETURN
4.1.4. The Consumer must return the product within 10 (ten) days from the date of exercising the right of withdrawal, depending on the method they prefer. The invoice, the box of the product, the packaging, standard accessories, if any, and other products gifted with the Product must be returned in a single package, complete and undamaged. Accordingly, if there is a change or deterioration due to the failure to use the Product in accordance with its instructions for use, technical specifications and operation until the date of withdrawal, the Consumer may lose the right of withdrawal.
4.1.5. If the Consumer sends the Product to be returned via the cargo companies contracted by the SELLER, the fee paid to the transportation company for the delivery of the Product to the Consumer will be reflected to the Consumer as the return cost amount.
4.1.6. Within 14 (fourteen) days from the Consumer exercising their right of withdrawal, all payments made by the Consumer regarding the relevant Product, including the delivery costs of the Product, if any (provided that the goods are returned through the carrier specified by the SELLER for return), will be refunded to the Consumer in accordance with the payment method used during purchase and without imposing any expense or liability on the Consumer. In transactions made with a credit card, the reflection of the Product price to the Consumer's accounts will occur after the SELLER completes the refund process of the relevant bank.
4.1.7. If the campaign limit amount set by the SELLER is dropped due to the use of the right of withdrawal, the discount amount used within the scope of the campaign will be canceled.
4.2. NOTIFICATION OF WITHDRAWAL
Notifications of withdrawal can be sent to the Seller using one of the following options; By written message on the Whatsapp number +90 530 937 7433 or via email to satis@soy.com.tr
5. CASES IN WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
5.1. According to the legislation, the Consumer does not have the right of withdrawal in the following cases:
5.1.1. In contracts regarding goods whose prices change depending on fluctuations in financial markets and are not under the control of the Seller (e.g. products in the category of precious metals such as jewelry, gold and silver, copper);
5.1.2. In contracts regarding the delivery of custom goods, prepared in accordance with the Buyer's requests or clearly in line with his/her personal needs, which are not suitable for return due to their nature and are in danger of deterioration or have a possible expiration date;
5.1.3. In contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; and those whose return is not suitable in terms of health and hygiene;
5.1.4. In contracts concerning goods that are mixed with other products after delivery and cannot be separated by their nature; - In contracts concerning books, sound or image recordings, software programs and computer consumables presented in material media, provided that protective elements such as packaging, tape, seal, package have been opened by the Buyer;
- The right of withdrawal cannot be used for products that are excluded from the scope of the Distance Contracts Regulation (food, beverages or other daily consumer goods delivered to the Buyer's residence with the Seller's regular deliveries and services in the fields of travel, accommodation, restaurant business, entertainment sector).
- In cases where the right of withdrawal is used for all or part of the products in question (if any, used by the Consumer), if the minimum shopping amount in the SELLER's free cargo (delivery) campaign falls below the amount of the withdrawal, the entire delivery-cargo fee that has not been collected within the scope of the campaign will be deducted from the amount to be refunded to the Consumer. In cases where the Consumer pays a delivery-cargo fee, the entire amount of this fee will be refunded to the Consumer.
- Other products gifted with the product must be returned in a single package, complete and undamaged. If the consumer uses the product in accordance with its operation, technical specifications and instructions for use during the withdrawal period, the consumer is not responsible for any changes or deteriorations that occur. Accordingly, if a change or deterioration occurs due to the failure to use the product in accordance with its instructions for use, technical specifications and operation until the withdrawal date, the consumer may lose the right of withdrawal.
5.2. The current rules and conditions applicable to the SELLER and the consumer regarding transaction security, protection, confidentiality, processing and use of information and commercial electronic communications on the Internet SITE are presented to the consumer as follows. The consumer may contact the SELLER on these issues at any time through the specified communication tools and consult.
5.3. After the Consumer approves and accepts the Agreement on the Website, all agreements will be sent to the e-mail address specified by the Consumer together with the order confirmation; the Consumer can access the Agreement at any time by saving it on their device, and it will be stored in the systems of the SELLER within the framework of the relevant legislation. 5.4. The provisions valid for commercial transactions other than consumer transactions are determined by the Commercial Agreements on the Website and/or Agreements signed separately with the relevant Merchants, and the provisions of this Agreement are valid only for consumer transactions.
6. SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL / INDUSTRIAL PROPERTY RIGHTS RULES
The privacy rules-policy and terms specified below are valid for the protection, confidentiality, processing-use and communications of information on the WEBSITE and other issues.
6.1. Necessary measures for the security of the information and transactions entered by the Consumer on the WEBSITE have been taken in the system infrastructure on the SELLER side, according to the nature of the information and transaction, within the scope of today's technical possibilities. In addition to the measures taken by the SELLER, the Consumer is responsible for taking the necessary measures, including those related to viruses and similar harmful applications, to protect the information entered from the Consumer's device and to prevent it from being accessed by unrelated persons.
6.2. All information and content of the WEBSITE, their arrangement, revision and all intellectual-industrial rights and property rights belong to the SELLER.
6.3. The SELLER reserves the right to make any changes it may deem necessary in the above matters; these changes shall become valid from the moment they are announced by the SELLER on the WEBSITE or by other appropriate methods.
6.4. The privacy-security policies and terms of use of other sites accessed from the WEBSITE shall apply to them, and the SELLER shall not be responsible for any disputes or negative consequences that may arise.
7. GENERAL PROVISIONS
7.1. SELLER sends and delivers the Products through the contracted cargo company for its shipments.
7.2. As the SELLER manufactures kitchenware (Cookware, Barware, Coffeeware) made from precious metals (copper and silver), it does not keep stock and begins production upon order. Except for products subject to custom-made, Products ordered are planned to be delivered to the cargo within an average of five (5) business weeks from the date of order.
The specified periods are notified to the Consumer at the shopping cart stage and are also specified in the informative e-mail sent after the order is completed. In the event that these estimated periods are extended, the Consumer will be additionally informed by the SELLER.
7.3. In general, and unless otherwise explicitly stated, delivery costs (shipping costs, etc.) are the responsibility of the Consumer.
7.4. The Consumer must have paid the sales price, including expenses, in full before receiving the Product. In cash sales, if the Product price is not paid in full to the SELLER before delivery, or if the due installment amount is not paid in installment sales, the SELLER may unilaterally cancel the contract and not deliver the Product. If the price of the goods or services is not paid by the Consumer for any reason or if the payment made is canceled in the bank records, the SELLER will be relieved of the burden of delivering the Products.
7.5. If the Product price is not paid to the SELLER or the paid price is requested back due to any reason, including the failure of the Bank and/or third parties to make the payment after the Product delivery, the Product shall be returned to the SELLER by the Consumer within 7 business days at the latest. If the Product Price is not paid and/or is taken back for any reason, all shipping costs shall be borne by the Consumer. The SELLER reserves all its contractual and legal rights, including the right to follow up on the Product price without accepting the return.
7.6. If the Product cannot be delivered within the legal maximum period due to extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquake, flood, fire) outside of normal sales/delivery conditions, the SELLER shall reach the Consumer through the current contact information and inform them about the delivery. In this case, the Consumer may cancel the order, order a similar product or wait until the extraordinary situation ends.
7.7. If the SELLER understands that it cannot supply the Product subject to the Contract, it may supply another product/service of equal quality and price, provided that it informs the Consumer clearly and through one of the same means within three (3) days from the date it learns of this situation and obtains his/her verbal/written approval, and is deemed to have fulfilled the commitment subject to the Contract. The Consumer is free in all respects to give or not give the said approval, and in cases where he/she does not give approval, the contractual-legal provisions regarding order cancellation (termination of the Contract) shall apply.