DISTANCE SALES CONTRACT

  1. PARTIES

1.1. SELLER Name / Surname / Trade Name: Fersan Fermantasyon Ürünleri San. Tic. ve Ltd.
Address: Cınarkoy Mah. Kemalpasa Cinarkoy Cad. No: 2/1 Kemalpasa / IZMIR TURKEY

Telephone: 0 (232) 878 13 58

E-mail: shopfersan@fersan.com.tr

1.2. BUYER

Name / Surname / Trade Name:
Address:
Telephone:
Fax:
E-mail: 

SUBJECT OF THE CONTRACT  The subject of this Contract is the determination of the mutual rights and obligations of the parties in accordance with the provisions of the Law No.6502 on the Protection of Consumer and  the Regulation on Distance Contracts published in the Official Gazette No. 29188 on 11/27/2014 and all other legal regulations and practices, with regard to purchase / sale and delivery of the product / products whose qualities and sales price are specified below, which the BUYER has ordered electronically from the shop.fersan.com.tr website (hereinafter referred to as “WEBSITE”) belonging to the SELLER. The BUYER declares and accepts that  in the event that this Contract is approved by the BUYER through the WEB SITE, the SELLER will be deemed to have fulfilled the “Disclosure Obligation” defined within the scope of the Consumer Law, Regulation on Distance Contracts  and other relevant legal legislation; in this case, without prejudice to his/her other legal rights, she/he cannot claim that the SELLER has provided incomplete information.

PRODUCT(S) THAT ARE SUBJECT OF THE CONTRACT


3.1 The type, kind, quantity, model, color, sale price, delivery price and information of the product(s) are as follows: Namely;

Product(s):

Description:

Piece:

Cash Price:

Subtotal:

Person to be Delivered:

Delivery Address:

Billing address:

The delivery of the product(s) will be made to the above mentioned address of the BUYER through the courier company. Even if the BUYER is not present at the delivery address at the time of delivery, the SELLER will be deemed to have fulfilled his/her action whole and completely. For this reason, the BUYER will bear any damages caused by the late delivery of the product and the expenses incurred and / or the damages that may arise due to the fact that the product has been kept waiting in the courier company and / or that the cargo is returned to the SELLER. Shipping Fee is TRY ……. and the shipping price shall be added to the total amount of the order and paid by the customer. Shipping fee is not included in the product price. Free shipping may be provided in the event that the total price of the order exceeds an amount determined by the SELLER from time to time. The SELLER reserves the right to unilaterally determine the relevant minimum amount.

  1. GENERAL PROVISIONS

4.1. The BUYER declares that he / she has received information by reading information about the basic features of the product(s), sales price, payment method, delivery information and other preliminary information on the WEB SITE. He/she also declares that he / she makes required approval regarding this information by approving the  contract in electronic environment.

4.2. By confirming the preliminary information electronically, the BUYER shall be deemed to have confirmed that he/she has received the correct and complete information about the address, the basic features of the product(s) ordered, the price of the product(s) including taxes in Turkish Lira, payment and delivery information before the conclusion of the distance contracts.
4.3. The product(s) that is/ are subject to the contract shall be delivered to the BUYER or to the person/organization at the address indicated by the  BUYER in 3 working days defined in the preliminary information on the WEB SITE, depending on the distance of the BUYER’s place of residence for each product, provided that the legal period of 30 days does not exceed.
4.4. Shipping fee will be paid by the BUYER. The SELLER can be held responsible under no circumstances if the   product  ordered cannot be delivered or are late delivered  to the BUYER for any problems that the courier company will encounter during the delivery of the product to the BUYER and for other reasons not caused by the SELLER.
4.5. The SELLER can be held responsible under no circumstances if the   product  ordered cannot be delivered or are late delivered  to the BUYER for any problems that the courier company will encounter during the delivery of the product to the BUYER and for other reasons not caused by the SELLER.
4.6. The SELLER may deliver different product(s) of equal or similar quality and price on condition that he/she informs the BUYER and obtains his/her explicit approval before the contractual performance obligation expires.
4.7. If the SELLER cannot fulfill the contractual obligations due to the fact that the delivery of the product(s) ordered becomes impossible, the SELLER shall  notify the BUYER / Consumer before the expiry of the term of the performance obligation arising from the contract and fully  return the total amount collected in cash within 10 days.
4.8. For the delivery of the product(s), the preliminary information form must be confirmed electronically. If, for any reason, the payment for the  product(s) is not made, or canceled by  the bank, the SELLER shall be relieved of the obligation to deliver the product.
4.9. In case the bank or financial institution does not pay the price of the product(s) to the SELLER due to the use of the BUYER’s credit card by unauthorized persons because of the reasons that are not caused by the BUYER’s fault after the delivery of the product(s), the SELLER shall be obliged to return the product(s) to the SELLER in 3 days. In this case, shipping costs shall be paid by the BUYER. The BUYER accepts, declares and undertakes that the SELLER will  be entitled to  use any legal remedies to collect the price of the product together with accrued interest, if the BUYER does not comply with this obligation.
4.10. If the SELLER fails to deliver the product(s) subject to the contract within due time due to force majeure, adverse weather conditions that prevent delivery, interruption of transportation and other extraordinary circumstances, he/she will inform the BUYER of this situation. In this case, the BUYER shall be entitled to choose any of the following options; (i) to cancel the order, (ii) to replace the product(s) subject to the contract with a precedent, if any, and (iii) the commencement of the delivery time after the force majeure / preventive situation has ceased. Payments made by the BUYER by credit card for the product(s) shall be returned to the relevant bank within 7 days after the order has been canceled by the BUYER. Since the transfer of this amount to the BUYER’s accounts after the return to the bank is completely related to the bank transaction process, the BUYER acknowledges and accepts that the SELLER will not be able to intervene in any way for possible delays and the time it will take to transfer the amount returned to the credit card by the bank to the BUYER’s account is not the responsibility of the SELLER.

In cases where the BUYER exercises its right of withdrawal, or the product subject to the order cannot be supplied for various reasons, or where the authorized courts or consumer arbitration committee order to return the price to the consumer,  the procedure to return to  credit card  shall be as follows if the payment has been made by credit card and in installments: In product returns, except for defective product returns, only the product price shall be refunded, and the shipping fee paid during the order shall not be refunded. In cases where your order’s total amount falls below the free shipping limit as a result of the product return, the shipping fee to be incurred as a result of the return will be deducted from the refund amount and the remaining balance will be paid. The bank can make the refund to the BUYER in installments and at the same number of installments with which the BUYER paid for the product. After the SELLER has returned the entire price of the product to the bank at once, in cases where the installment payments made from the Bank POS are returned to the BUYER’s credit card, the requested refund amounts can be transferred to the BUYER’s account in installments by the Bank in order for the parties involved not to be affected negatively. If the return date does not coincide with the card’s cut-off dates, one refund will be reflected on the card every month. The installment amounts paid by the BUYER before the cancellation of the sale will be refunded for the number of month equal to the number of the installments paid before the return after the return of the installments of the sale are over. In the event of the return of goods and services purchased by credit card, the SELLER cannot pay the Customer in cash because of the provisions of the contract made with the Bank. The refund to the credit card can be made by the Bank in accordance with the above procedure, after the SELLER has returned the amount to the bank at once. In cash on delivery / EFT payment options, the bank account information shall be requested from the consumer and the refund shall be made in the form of money order and EFT to the account specified by the consumer (The account holder must be the person whose name is on the invoice).

1. EVENT OF DEFAULT AND LEGAL CONSEQUENCES   

If the BUYER goes into default in the transactions made by the credit card, the cardholder will pay interest and be liable to the bank under the provisions of the credit card agreement made with the bank. In this case, the relevant bank may take legal actions, demand the costs and the attorney fee from the BUYER, and in case the BUYER goes into default due to the debt for any reason, the BUYER agrees to pay the loss and damage of the Seller caused by the delay in the performance of the debt.

2. RİGHT OF WİTHDRAWAL FROM THE CONTRACT

In distant contracts regarding the sale of the product/products, the BUYER, without any legal or criminal liability and without any justification, may use the right of withdrawal from the contract by refusing the product(s) within 14 (fourteen) days from the date of delivery of the product(s) to himself/herself or to the person/organization at the address indicated by the BUYER.  The costs arising from the exercise of the right of withdrawal from the contract will be borne by the SELLER. In order to use the right of withdrawal from the contract, the SELLER must be notified by registered mail, fax or e-mail within 14 days and the product should not be used in accordance with the provisions of Article 6 below. If the right of withdrawal from the contract is used: The product(s) delivered to the BUYER or to the person / organization indicated by the BUYER must be returned complete and undamaged together with (i) invoice (if the invoice of the product / products to be returned has been issued as a corporate invoice, the product must be sent together with the return invoice issued by the company. Order returns whose invoices are issued on behalf of companies will not be completed unless the RETURN INVOICE is issued), and (ii) box, packaging, standard accessories, if any.  The SELLER will return the total price and the documents that put the buyer under debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notice and will accept the delivery of the returned product(s) within 20 days.  If there is a decrease in the value of the product(s) or the return becomes impossible due to a reason arising from the BUYER’s fault, the BUYER will compensate the damages of the SELLER in proportion to BUYER’s fault. In the event that the total purchase amount is reduced below the campaign limit amount, if any, defined by the SELLER due to the exercise of the right of withdrawal from the contract, the discount amount used within the scope of this campaign shall be canceled. 

  1. PRODUCT OR PRODUCTS FOR WHICH  THE RİGHT OF WİTHDRAWAL FROM THE CONTRACT  CANNOT BE USED
    Products that cannot be returned due to their nature are disposable products, reproducible software and programs, products that deteriorate rapidly or are likely to expire , and the return of these products by using the right of withdrawal is not accepted. In addition, the BUYER cannot use the right of withdrawal in the following contracts.
    a) Service contracts under which  the performance of the service has been started with the approval of the consumer before the right of withdrawal expires.
    b) Contracts for goods prices of which are determined in the stock market or other organized markets.
    c) Contracts for the delivery of goods that are prepared in line with the consumer’s wishes or expressly in line with their personal needs, goods  which are not suitable for return due to their nature,   goods which are in danger of rapid deterioration or are likely to expire.
    d) Contracts relating to audio or video recordings, software programs and computer consumables provided that the package is opened by the consumer.

e) Contracts for the delivery of periodicals such as newspapers and magazines.
f) Contracts for the performance of betting and lottery related services.
g) Contracts for services performed immediately in electronic environment and intangible goods delivered immediately to consumers. 
In order for the products listed below to be returned, (i) the packaging of the product must be unopened, (ii) the product must be intact, (iii) the product must be unused and (iv) the product must be untested.

  1. OBLIGATION TO MAKE AN OFFICIAL REPORT IN CASE OF DELIVERY OF INCOMPLETE PRODUCTS  

In cases where the BUYER has more than one product in its order, the shipments can be made in parts by the SELLER. In this case, the BUYER shall be obliged to check that the number of the delivered products and the number of products specified in the invoice issued by the SELLER are the same during the delivery of the Product by the courier. A separate invoice shall be issued by the SELLER for each partial shipment. If the number of products specified in the invoice are not present in the package, the BUYER shall be obliged to ask the cargo officer to issue an official report. Otherwise, it will be deemed that the number of Products specified in the invoice have been delivered to the BUYER by the SELLER whole and complete and that the Products have been received by the BUYER whole and complete.

2.

  1. RESOLUTION OF DISPUTES AND AUTHORIZED COURT

All records of the SELLER (including records in magnetic media such as computer-audio records) and commercial books shall constitute definitive evidence in resolving any dispute that may arise from this Contract and / or the implementation of the contract. Consumer Arbitration Committees shall be authorized in disputes up to the value declared by the Ministry of Science, Industry and Technology, and the Consumer Courts and Enforcement Offices in the settlement of the BUYER or SELLER shall be authorized in disputes over amounts exceeding the relevant value.

SELLER BUYER

DATE: