Clause 1: Subject Matter of Contract
The subject matter of this Distant Sales Contract (“Contract”) is the stipulation of the rights and obligations of the parties under the provisions of the Consumer Protection Law No.6502 entered into force on 28.05.2014 as well as the Distant Sales Regulation published in the Official Gazette dated 27.11.2014 and numbered 27866 in respect of the sale and delivery of the product whose specifications and sale price are provided below.
Clause 2: Parties
| SELLER | |
| Trade Name | SUİSTE GIDA VE TEKNOLOJİ SANAYİ TİCARET LİMİTED ŞİRKETİ |
| Address (Bahçeşehir Branch) | Bahçeşehir 2.Kısım Mah. Akın Sok. No: 1 K Başakşehir/İSTANBUL |
| Head Office Address | Köyün Kendisi Sarıcaeli Küme Evler No: 305 AE Sarıcaeli Köyü, Merkez/Çanakkale |
| Telephone | +90 533 329 6050 |
| info@suiste.com | |
| Mersis No | 0782140296200001 |
| Tax Office / Tax ID No | Çanakkale Tax Office / 7821402962 |
| Trade Registry No | Çanakkale Trade Registry Directorate / 12114 |
| KEP (Registered Electronic Mail) Address | suistegidaveteknoloji@hs01.kep.tr |
| BUYER | |
| Name-Surname/Trade Name | — |
| Address | — |
| Province | — |
| Postal Code | — |
| Country | Türkiye |
| Telephone | — |
Other persons authorized to take delivery of products
Name…………Surname……
Name…………Surname……
For the purposes of this Contract, the BUYER and the SELLER shall be individually referred to as “Party” and collectively as “Parties”.
Clause 3: Specifications and Price of Products Subject To Contract
The type, quantity, brand/model, color, count, sale price including all taxes, payment method of the product/products are as follows.
| Product Name | Quantity | Amount |
Clause 4: General Provisions
4.1 - The BUYER irrevocably agrees and declares that, before the execution of this Contract, it has been informed by reading the Preliminary Information Form including the essential features, sale price, payment method, delivery of the products written in Clause 3 of this Contract as well as the right of withdrawal, at the SELLER’s mobile application, namely Su İste, and that it has accepted and confirmed the aforesaid Preliminary Information Form in the electronic form, and subsequently purchased the Product in the electronic environment.
4.2 Following completion of the payment transaction for the products included in Clause 3, the SELLER shall deliver such products to the BUYER’s address as specified in Clause 2.
4.11 - The BUYER should inspect the product before taking delivery, and it should not take delivery of defective and damaged product, as could be detected upon an ordinary inspection. If the BUYER fails to inspect the goods and takes delivery of the same, it shall be deemed to have accepted that the product is fit and intact.
4.12 - In order for the delivery of the products subject to sale, the BUYER must have confirmed the Contract in the electronic environment and paid the price of goods. If the price of goods is not paid or it is cancelled in the bank records for any reason, the SELLER’s obligation to deliver the product shall terminate.
4.13 - The SELLER is obliged for the delivery of the product subject to the contract in an intact, complete form and in compliance with the specifications indicated in the mobile application.
4.16 - If the SELLER fails to deliver the product subject to the Contract by reason of extraordinary circumstances such as stockout, force majeure, etc., the SELLER shall be obliged to promptly notify such circumstance to the BUYER. In such case, the sale transaction shall be cancelled, and the amount paid as the price of goods shall be refunded to the BUYER’s credit card within the same day.
Clause 5: Right of Withdrawal
5.1 The BUYER is entitled to right of withdrawal within 14 (fourteen) days as from taking delivery of the product/products subject to the contract, without having to indicate any reason and to pay any penalty.
5.2 The communication of the notice on the exercise of right of withdrawal to the SELLER’s physical address, telephone number and e-mail address, as specified in Clause 2, within 14 (fourteen) days following the delivery of the products shall suffice. For exercising the right of withdrawal, the BUYER may either use the form annexed to the Contract or make an express statement communicating its intent to withdrawal.
5.3 Within ten days at the latest as from the date which the BUYER has communicated to the SELLER the notice on its exercise of the right of withdrawal, the BUYER must return the goods to the SELLER or to its authorized person from whom the goods have been delivered. If the BUYER has failed to use the goods in compliance with their functions, technical specifications and usage instructions within the withdrawal period, they shall be liable for the change and deterioration caused in the goods.
5.4 Depreciation in the delivered goods or presence of a reason rendering their return impossible shall not constitute an impediment to exercising the right of withdrawal. However, if such depreciation or impossibility to return originates from the consumer’s fault, the BUYER agrees and declares to recompense the SELLER for the value or depreciation of the goods.
5.5 Provided the goods have been returned to the SELLER as specified above within fourteen days following the SELLER’s receipt of the notice on the exercise of the consumer’s right of withdrawal, the SELLER shall at once refund the amounts collected from the BUYER to the means of payment used by the BUYER for purchasing the products, without charging any cost or obligation thereon.
Clause 6: Products For Which Right of Withdrawal Cannot Be Exercised
6.1 As per the Distant Contracts Regulation, the BUYER cannot exercise right of withdrawal for the contracts specified below:
b) Contracts as to goods customized in line with the consumer’s requests or individual needs.
c) Contracts as to delivery of goods that are perishable or have an expiry date.
ç) From among the goods whose preservative elements such as packages, tapes, seals, bundles have been opened after delivery; contracts as to delivery of goods whose return is not appropriate in terms of sanitary concerns.
d) Contracts as to goods which blend with other products after their delivery and whose separation is not possible due to their nature.
Clause 7: Payment Method For Price of Products Subject To Contract
7.1 The BUYER shall pay the price of the mentioned products, via the Internet, by credit card or debit card, via the payment infrastructure of the payment institution. Otherwise, no product will be delivered to the BUYER.
7.2 The type, quantity, brand/model, color, count, sale price, payment method of the product/products are as specified in Clause 3 of this Contract.
Clause 8: Final Provisions
8.3 - The SELLER may at any time temporarily or permanently discontinue the functions of the Su İste mobile application for technical necessities, renewal development of software and systems and other such reasons. In these cases, the SELLER shall not have any liability to the BUYER or to the persons who become members of the system via the mobile application or to third parties.
8.4 - In the implementation of this Contract, the Consumer Arbitration Committees, up to the value announced by the Ministry of Customs and Trade, and the Consumer Courts of the locale where the BUYER’s or SELLER’s residence is situated shall have jurisdiction. Likewise, the BUYER may make applications regarding its complaints and objections before the consumer arbitration committees or the consumer courts, within the monetary limits determined by the Ministry of Customs and Trade in December of every year, at the locale where the they have bought the goods or service or where their residence is situated.
8.5 The BUYER agrees and declares that both the information provided in the membership form within the Su İste mobile application and the information included in the Preliminary Information are accurate and complete, and that it is liable for all kinds of damages to arise from the inaccuracy or incompleteness of such information, and that if the SELLER incurs any damage for this reason, it will compensate for the SELLER’s damage.
8.8 - After having read and reviewed them, the BUYER has agreed and signed the provisions of this Contract. Upon electronically confirming the payment transaction, the BUYER is deemed to have accepted all provisions of this contract.
8.9 Term and Enforcement:
This Contract was executed by and between the BUYER and the SELLER via the Internet at the moment when declared by the BUYER that it has been read and agreed, and it shall become effective and enforceable starting from that moment. This Contract shall automatically terminate upon the Parties’ fulfilment of their performances in compliance with the Contract.
