1. SUBJECT
The subject of this contract is the determination of the rights and obligations of the parties in accordance with the Law No. 6502 on the Protection of Consumers and the Regulation on the Application Principles and Procedures of Distance Contracts and the provisions of this contract regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically from the www.troyabal.com website belonging to the SELLER.
2. SELLER INFORMATION
Title: TROYA ARICILIK GIDA
Address: CUMHURİYET MAH. MENDERES STREET NO:24/A WORKPLACE:1 KEPEZ
ÇANAKKALE
Phone: 0 541 228 76 92
3.BUYER INFORMATION (Hereinafter referred to as BUYER.)
Name/Surname/Title: INVOICE NAME SURNAME
Address:
Phone:
E-Mail:
INVOICE ADDRESS
INVOICE PHONE NUMBER
MEMBER E-MAIL
4.CONTRACT SUBJECT PRODUCT/PRODUCTS INFORMATION
Type, quantity, brand/model, color, number, sales price, payment method of the Goods/Product/Service,
consists of the information at the time the order is finalized. This information may change without notifying the BUYER.
5.GENERAL PROVISIONS
5.1 BUYER declares that he/she has read and is aware of the preliminary information regarding the basic characteristics of the contractual product, the sales price including all taxes and the payment method, delivery and the expenses of which will be covered by BUYER, the period of delivery and the full commercial title, full address and contact information of SELLER on the www.troyabal.com website and has given the necessary confirmation electronically.
By confirming this contract electronically, BUYER confirms that he/she has obtained the address that should be given to the Consumer by SELLER before the conclusion of distance contracts, the basic features of the ordered products, the price of the products including taxes, payment and delivery information correctly and completely.
5.2 The product subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the preliminary information on the website, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal 30-day period. All kinds of cargo fees related to the delivery indicated in Article 3 shall be covered by the BUYER and shall be reflected in the invoice related to the order under the name of "Shipping Fee".
5.3 If the product subject to the contract shall be delivered to a person/organization other than the BUYER, the SELLER shall not be held responsible for the person/organization to whom the delivery shall be made not accepting the delivery.
5.4 The SELLER shall not be held responsible for any problems encountered by the cargo company during the delivery of the product to the BUYER, or for the failure to deliver the ordered product to the BUYER. In case of damaged packages; the damaged packages shall not be accepted and a report shall be prepared by the cargo company official. If the cargo company official is of the opinion that the package is not damaged, the BUYER has the right to have the package opened there and to have the products checked to be delivered without damage and to have the situation recorded in a report. Once the package is received by the BUYER, it is deemed that the cargo company has fulfilled its duty. If the package is not accepted and a report is kept; the situation should be reported to the SELLER's customer services department as soon as possible, together with the copy of the report that remains with the BUYER.
5.5 The SELLER is responsible for the delivery of the product subject to the contract, intact, complete, in accordance with the specifications specified in the order, and with the warranty documents and user manuals, if any.
5.6 The SELLER may supply the BUYER with a different product of equal quality and price, provided that it has a justified reason, before the expiration of the performance obligation arising from the contract. If the SELLER cannot deliver the contracted product within the specified time due to force majeure or adverse weather conditions preventing transportation, interruption of transportation, stock/yield restrictions, etc., the SELLER is obliged to notify the BUYER of the situation. In this case, the BUYER may use one of the following rights: cancellation of the order, replacement of the contracted product with a similar product, if any, and/or postponement of the delivery period until the preventing situation is eliminated. In such a case, the BUYER shall not have any additional right to compensation for material or moral damages. If the BUYER cancels the order, the amount paid shall be paid to the BUYER in cash and in a lump sum within 10 days. The SELLER shall not be held responsible for any delays caused by the Bank that will perform the return transaction.
5.7 For the delivery of the contracted product, it is required that the signed copy of this contract be delivered to the SELLER or that this contract has been approved electronically and the price has been paid by the payment method preferred by the BUYER. If the product price is not paid or is canceled in the bank records for any reason, the SELLER is deemed to be relieved of the obligation to deliver the product.
5.8 BUYER accepts and undertakes that the credit card information he/she defined in the system during shopping is correct and that he/she is responsible for all legal and criminal liabilities arising from the use of this credit card. After the delivery of the product, the credit card belonging to the BUYERIf the relevant bank or financial institution does not pay the product price to the SELLER due to unauthorized or illegal use by unauthorized persons not caused by the fault of the BUYER, the product must be sent to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, the shipping expenses belong to the BUYER. If the BUYER does not send the product back, in the event that the product price is not collected from the credit card for any reason or the product price is returned to the credit card, the product price will be transferred to the SELLER's bank accounts without any need for warning.
5.9 The points given to the customer by the SELLER through a campaign are valid only for one shopping. These points are not refunded even if the product is returned. The SELLER reserves the right to cancel points/gift certificates etc. established due to system errors.
In payments made by the BUYER via credit card, the product amount shall be refunded to the relevant bank within 7 days after the order is cancelled by the BUYER. Since the reflection of this amount to the BUYER's accounts after its return to the bank is entirely related to the bank transaction process, the BUYER accepts in advance that it will not be possible for the SELLER to intervene in any way for possible delays and that it may take an average of 2 to 3 weeks for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank.
5.10 The parties accept and declare that all computer records belonging to the SELLER shall be taken as the sole and real exclusive evidence in accordance with Article 193 of the Civil Procedure Code and that the said records constitute an evidence contract.
SELLER, in accordance with this membership agreement, has the authority to send information e-mails to its members' registered e-mail addresses and information SMSs to their mobile phones, and by approving this membership agreement, the member will be deemed to have accepted that information e-mails will be sent to their e-mail address and information SMSs will be sent to their mobile phone.
This agreement shall become valid after it is electronically approved by the BUYER (after membership is completed) and delivered to www.troyabal.com.
6. INVOICE INFORMATION
Payment Method:
Delivery Address:
PAYMENT METHOD
DELIVERY ADDRESS
Person to be Delivered: RECEIVER OF DELIVERY
Invoice Address:
Shipping Fee:
INVOICE ADDRESS
SHIPPING FEE TL
Invoice delivery: The invoice will be delivered to the invoice address together with the order during the order delivery.
7.RIGHT OF WITHDRAWAL
The BUYER has the right of withdrawal within 14 days from the delivery of the contractual product to him/her or to the person/organization at the address he/she has indicated, without having to show any reason.
However, products specially prepared, offered for sale and/or imported for the BUYER for certain days such as New Year's, holidays, Mother's Day, campaign and promotional products cannot be returned; the BUYER accepts these terms and makes his/her purchase.
In order to exercise the right of withdrawal, it is required that the SELLER is notified by fax or e-mail within 14 days and that the product is unused/unopened within the framework of the provisions of Article 6 of this contract. In case of using this right,
a) The invoice of the product delivered to the 3rd party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning. Returns of orders whose invoices are issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued)
b) The products to be returned within 14 days must be delivered complete and undamaged, together with their box, packaging, and standard accessories, if any. The product price will be refunded to the BUYER within 10 days following the receipt of these documents by the SELLER.
The shipping cost of the returned product due to the right of withdrawal will be covered by the SELLER for domestic orders and by the BUYER for international orders. The SELLER does not refund the shipping fee collected from the BUYER when selling the product.
When returning the product to the SELLER, the E-archive invoice copy presented to the BUYER during the delivery of the product must also be returned (in order to ensure consistency in our accounting records). If the invoice is not sent to the SELLER together with the product or at the latest within 5 days from the date of shipment of the product, the return process will not be carried out and the product will be sent back to the BUYER in the same manner with the counter payment. The phrase "return invoice" will be written on the invoice to be returned with the product and will be signed by the BUYER.
8. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
The right of withdrawal cannot be exercised if the product cover and warranty tape have not been opened, no changes have been made, the product has not been deformed or the original design of the product has not been damaged. Products that are not suitable for return due to their nature and are at risk of rapid deterioration orThe right of withdrawal cannot be used for products that are likely to expire.
9.DEFAULT OF THE DEBTOR
In the event of the BUYER's default, the BUYER agrees to pay the SELLER's damages and losses incurred due to the delayed performance of the debt. In cases where the BUYER's default is due to the SELLER's fault, the BUYER will not be obliged to meet any damage and loss claims.
10.APPLICABLE LAW AND AUTHORIZED COURT
Turkish Law and laws shall apply in the implementation of this contract; Up to the value declared by the Ministry of Industry and Trade, the Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the goods or services and where he/she resides; For values exceeding the declared value, the courts and enforcement offices in the SELLER's residence shall be authorized.
The SELLER may apply for complaints and objections to the consumer problems arbitration committee or consumer court in the place where he/she purchased the goods or services or where he/she resides, within the monetary limits determined by the Ministry of Industry and Trade of the Republic of Turkey in December of each year. The information regarding the monetary limit is as follows:
To be valid as of 1/1/2018:
a) The lower monetary limit regarding the binding nature of the decisions of the consumer problems arbitration committees in the 5th and 6th paragraphs of the amended 22nd article of the Law No. 4077 on the Protection of Consumers or the lower monetary limit regarding the evidence in the consumer courts is 5,650.00 TL,
b) The lower monetary limit regarding the duty and authority of the provincial arbitration committees operating in the provinces with metropolitan status to handle the disputes in the third paragraph of the 5th article of the Regulation on Consumer Problems Arbitration Committees published in the Official Gazette dated 1/8/2003 and numbered 25186 is 8,480.00 TL.
SELLER
TROYA ARICILIK GIDA
BUYER
Name/Surname: INVOICE NAME SURNAME
Date:
DATE