Preliminary Information Form
PRELIMINARY INFORMATION FORM
The subject of this preliminary information form regarding the sales contract covers the rights and obligations of the parties in relation to sale and delivery of product(s) the specifications and sale prices of which are specified below in accordance with the provisions of Law No. 6502 on the Protection of Consumers - the Distance Contracts Regulation (OG: 27.11.2014/29188). By accepting this preliminary information form, the BUYER accepts in advance that if he approves the order under the contract, he will be under the obligation to pay the price of the order and the additional fees specified, such as shipping fee, tax, if any, and that he was informed of these matters.
SELLER INFORMATION
Title: Danem Gıda Sanayi ve Ticaret Anonim Şirketi ("SELLER")
Address: Beylerbeyi Mahallesi Şemsi Efendi Sokak No:16 Beylerbeyi/İstanbul
Telephone: 0800 211 11 02
Fax: 0216 333 20 20
Email: destek@hasata.com.tr
KEP ADDRESS: xxxxxxxx
MERSIS No.: xxxxxxxxx
BANK ACCOUNT:
The Shipping Company through which the BUYER will Send the Goods to the Seller in Case of Return: Sürat Kargo
The Address to which the BUYER will Send the Goods to the Seller in Case of Return: Mersin Tarsus Organize Sanayi Bölgesi Gelişme Alanı Kadri Şaman Bulvarı No:5. Akdeniz – Mersin. +90 324 2415300. +90 324 2415329. info@tiryaki.com.tr.
BUYER INFORMATION
Name Surname: @BuyerNameSurname ("BUYER")
Delivery Address: @BuyerShipmentAddress
Telephone: @BuyerShipmentPhone
Email: @BuyerShipmentEmail
BILLING INFORMATION
Name/Surname/Title: @BuyerInvoiceTitle
Address: @BuyerInvoiceAddress
Phone: @BuyerInvoicePhone
Email: @BuyerInvoiceEmail
Invoice delivery: The invoice will be sent to the e-mail address that the customer has entered into the system after placing the order.
3.1 The basic specifications of the Goods / Product(s) / Services (type, quantity, brand / model, color, quantity) are available on the SELLER's website.
3.2 The prices listed and announced on the website are the sales price. The announced prices and promises are valid until updated and changed. The prices announced for a period of time are valid until the end of the specified period.
3.3 The sale price of the goods or services covered by the contract, including all taxes, is indicated in the table below.
@ProductList
Payment Method and Plan: @PaymentType
Delivery Address: @BuyerShipmentAddress
Person to receive @ BuyerNameSurname
Billing Address: @BuyerInvoiceAddress
Order Date @OrderDate
Delivery date
Delivery method
The shipping fee which is the shipment cost of the product will be paid by the BUYER unless otherwise stated. In the event that any additional fees are requested by the relevant shipping company in connection with the shipment, these fees will also be paid by the BUYER.
4.1. The BUYER accepts, declares and undertakes that he has read the basic specifications of the product covered by the contract, its sale price and paying method and the preliminary information form about the delivery on the SELLER's website and has confirmed the said form electronically. BUYER accepts, declares and undertakes that Confirmation of the Preliminary Information in electronic form by the buyer indicates that the BUYER has received correctly and completely the address, the main specifications of the ordered products, the price of the products, including taxes, and information on payment and delivery that must be provided by the SELLER to the BUYER prior to entering into the distance sales contract.
4.2. Each product covered by the contract shall be delivered to the BUYER or the person and / or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance from the BUYER's place of residence, in any case not to exceed the legal period of 30 days. In the event that the product fails to be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
4.3. In cases where it becomes impossible to fulfill the delivery of the goods or services ordered, the SELLER shall inform the BUYER within 3 (three) days from the date on which he discovers such situation and shall refund all collected payments, including delivery costs, if any, no later than 14 (fourteen) days from the date of notification, or he may supply another good/service of equal quality-price by receiving the oral / written consent of the BUYER, in which case he shall be deemed to have fulfilled his Contractual obligation. The BUYER is free in all respects to give or not to give such consent, and in cases where he does not give consent, the above-mentioned price shall be refunded.
4.4. The BUYER accepts, declares and undertakes that he shall electronically confirm this Preliminary Information Form for the delivery of the contracted product, and that if the price of the contracted product is not paid for any reason and / or canceled in the bank records, the SELLER's obligation to deliver the contracted product shall be null and void.
4.5. The BUYER accepts, declares and undertakes that if the price of Contract product covered by the is not paid to the SELLER by the relevant bank or financial institution as a result of the unlawful use of the credit card belonging to the BUYER by unauthorized persons after the delivery of the Contract product to the BUYER or the person and / or organization indicated by the BUYER, the BUYER shall return the Contract product to the SELLER within 3 days and the shipping cost shall be borne by the BUYER.
4.6. If the SELLER fails to deliver the Contract product within the time limit due to force majeure circumstances such as the occurrence of unforeseen circumstances which develop against their will and prevent and / or delay the parties from fulfilling their obligations, the SELLER accepts, declares and undertakes that he shall report the situation to the BUYER. The BUYER also has the right to request from the SELLER the cancellation of the order, replacement of the Contract product with its counterpart, if any, and / or the postponement of the delivery time until the elimination of the hindering situation. In case of cancellation of the order by the BUYER, the price of the product which was paid in cash shall be refunded to the BUYER in cash in lump sum within 14 days. In the case of payments made by the BUYER with a credit card, the price of the product shall be refunded to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER accepts, declares and undertakes that it may take the bank 2 to 3 weeks on average to reflect onto the BUYER’s account the sum refunded by the SELLER to the BUYER's credit card, and since the reflection of this sum onto the BUYER's accounts after the refund to the bank completely depends on the bank’s transaction process, the BUYER cannot hold the SELLER responsible for possible delays.
4.7. In the event that the BUYER is a legal entity, the BUYER shall not be able to benefit from the rights under the Law, in particular the right of withdrawal for Products purchased for commercial or professional purposes. In addition, in cases where the BUYER is a legal entity, in accordance with tax legislation, the section related to the return on the invoice shall be filled in and signed, which shall be returned together with the Product and a return invoice must be issued by the BUYER as required by law. Order returns, the invoice of which is issued in the name of legal entities, shall not be accepted if the return invoice is not issued.
4.8. The BUYER is responsible for checking the Product at the time of delivery and not accepting the Product and having a report made by the delivery personnel when he sees a problem caused to the Product by the shipping company. Otherwise, the SELLER shall not accept responsibility.
4.9. The BUYER must pay the cost of the Product in full before receiving the Product, unless otherwise stipulated in writing by the SELLER. If the Product price is not fully paid to the SELLER before delivery in advance sales, and in case of installment sales if the installment amount due is not paid, the SELLER may unilaterally cancel the Contract and not deliver the Product.
4.10. If the price of the goods or services is not paid by the BUYER for any reason or if the payment is canceled in the bank records, the SELLER is deemed to have been released from the obligation to deliver the goods or services. In the event that the BUYER lapses into default in case of the transactions he has made with the credit card, the cardholder will pay interest in accordance with the credit card Contract concluded by the bank with him and will be liable to the bank. In this case, the relevant bank may apply for legal remedies; it may request the costs and the power of attorney fee from the BUYER and in any case, if the BUYER defaults due to his debt, the BUYER will be responsible for the damage and loss suffered by the SELLER due to the delayed performance of the BUYER's debt.
4.11. If BUYER and the holder of credit card used for the order are not the same person or if a security vulnerability is detected regarding the credit card used in the order before the delivery of the product to the BUYER, the SELLER may request the BUYER to submit the identity and contact information of the credit card holder, the previous month’s statement of the credit card used in the order, or the letter from the card holder's bank stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information / documents requested, and if the above-mentioned requests are not met within 24 hours, the SELLER has the right to cancel the order.
4.12. If the failure to pay the product price is due to the BUYER's fault or negligence, shipping costs will be borne by the BUYER. All other contractual and legal rights of the SELLER, including the debt follow-up regarding the Product price without accepting the return, are reserved separately. For the avoidance of doubt, in cases where the BUYER pays the sale price with a credit card, installment card, etc. that he has from banks (including financing institutions), all the facilities provided by these cards are credit and / or installment paying facilities provided directly by the card issuer; and the product sales that take place with such cards and for which the SELLER collects the price in lump sum or in installments do not constitute a credit or installment sales for the parties to this Contract, but they are advance sales. The SELLER's legal rights in cases that are considered installment sales by law (including the rights to demand termination of the contract and/or payment of the entire remaining debt together with default interest in case the installments are not paid) are available and reserved under the relevant legislation. In case of default of the BUYER, default interest is applied at the monthly rate as stipulated by the applicable laws.
The Contract products are within the scope of the exception to the right of withdrawal pursuant to the paragraphs (c) and (ç) of the Article 15 of the Distance Contracts Regulation. Therefore, the right of withdrawal cannot be exercised in respect of the Contract products.
For the protection, confidentiality, processing-use and communications of the information on the WEBSITE and other matters, the privacy rules-policy and terms set out in the current principles below apply.
6.1. Necessary measures for the security of information and transactions entered by the BUYER on the WEBSITE have been taken to the extent of today's technical possibilities in the system infrastructure on the SELLER's side, according to the nature of the information and transaction. However, since the information in question is entered from the BUYER's device, the BUYER is responsible for taking the necessary measures, including those related to viruses and similar harmful applications, so that they are protected on the BUYER's side and cannot be accessed by unrelated people.
6.2. The information obtained during The BUYER's subscription and purchases on the WEBSITE may be recorded by the SELLER indefinitely, or for the periods stipulated or to be stipulated in the relevant legislation for the purpose of electronic and other commercial-social communications to be made for all kinds of information, advertisement, promotion, sales, marketing, and store card, credit card and membership applications; and the same may be stored in printed/electronic archives, updated, shared, transferred, used and processed in other ways when deemed necessary. These data may also be communicated to the relevant Authorities and Courts in cases required by law. In accordance with the legislation on the protection of personal data and the legislation on electronic commerce in the above scope the BUYER has consented to and allowed the use, sharing, processing of his existing and future non-personal information, and non-commercial electronic communications and other communications to be made to him.
6.3. The BUYER has right to contact the SELLER through the specified communication channels and end data usage-processing and/or communications at any time. Upon the BUYER's explicit notification about this matter; personal data processing and/or communications to him shall be ended within the legal maximum period. In addition, if he requests, his information shall be deleted from the data recording system or anonymized in a way that will not reveal his identity except for those that are legally required and/or allowed to be stored. If the BUYER wishes, he may always contact the SELLER through the above communication channels and get information regarding transactions related to the processing of his personal data, the persons to which it is transferred, correction of incomplete or incorrect information, notification of the corrected information to the relevant third parties, deletion or destruction of the data, objection to a result that has emerged against the Buyer due to analysis of data with automatic systems, and elimination of damage caused to him due to unlawful processing of his personal data. Buyer’s applications and requests in these matters will be fulfilled within the legal maximum periods or they may be denied on the grounds of legal reasons to be explained to him.
6.4. As for all kinds of information and content on the WEBSITE, as well as their arrangement, revision and partial / complete use; all intellectual and industrial rights and property rights, except for those belonging to other third parties according to the SELLER's Contract, belong to the SELLER.
6.5. The SELLER reserves the right to make any changes that it may deem necessary in the above matters in accordance with the Law on the Protection of Personal Data and the relevant legislation; and these changes will take effect from the moment they are announced by the SELLER on the WEBSITE or by other appropriate methods.
6.6. In case of access to other sites through the WEBSITE, their own privacy-security policies and terms of use apply, and the SELLER is not responsible for any disputes that may arise and negative consequences thereof.
7.1. In disputes that may arise from this Contract, Provincial and District Consumer Arbitration Committees are authorized for cases within the monetary limits set and announced annually by the Ministry of Commerce in accordance with the law, and Consumer Courts are authorized in cases that exceed these limits. In this context, the BUYER may apeal to the Arbitration Committees or Consumer Courts at his own place of residence or at that of the SELLER's (residence), if he wishes.
7.2. Any correspondence to be made between the parties under this Contract will be made by electronic mail, except for mandatory cases specified in the legislation. The BUYER accepts, declares and undertakes that official books and commercial records of the SELLER, electronic information that he keeps in his own database, servers and computer records will constitute binding, definitive and exclusive evidence in case of disputes that may arise from this Contract, and that this article is in the nature of an evidential contract within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
This Contract is made for commercial purposes. This Contract and the Preliminary Information Form will be sent to the BUYER by e-mail after the Contract has been approved and drawn up by the BUYER on the Website. The BUYER understands and accepts that the Contract and the Preliminary Information Form can be accessed from here as requested. These texts will be stored by the SELLER for a period of 3 (three) years.
Seller:
Danem Gıda Sanayi ve Ticaret Anonim Şirketi
Buyer:
@BuyerNameSurname
Date:
@OrderDate
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