Distance Sales Agreement - REFA GIDA

1. PARTIES

This Agreement has been signed between the following parties within the framework of the terms and conditions set forth below.

1. 'BUYER'; (hereinafter referred to as "BUYER" in the contract)

NAME SURNAME:
ADDRESS:

2. 'SELLER' ; (hereinafter referred to as "SELLER" in the contract)

NAME - SURNAME  : REFA 1990 GIDA Ltd. Şti.
ADDRESS    :  3 Germay Dr Unit 4 19804 Delaware / United States 2

By accepting this contract, the BUYER accepts in advance that if the subject of the contract approves the order, he will be under the obligation to pay the price of the order and the additional fees, if any, such as shipping fee and tax, and that he has been informed about this matter.

2. DEFINITIONS

In the application and interpretation of this contract, the terms written below shall express the written explanations against them.

MINISTER: Minister of Customs and Trade,

MINISTRY: Ministry of Customs and Trade,

LAW: Law on Consumer Protection No. 6502,

REGULATION: Distance Contracts Regulation (OG:27.11.2014/29188)

SERVICE: The subject of any consumer transaction other than the supply of goods made or promised to be made in return for a fee or benefit,

SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on behalf of the supplier,

BUYER: The natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,

SITE: The website of the SELLER,

CUSTOMER: The natural or legal person who requests a good or service through the website of the SELLER,

PARTIES: SELLER and BUYER,

AGREEMENT: This contract concluded between the SELLER and the BUYER,

MAL : It refers to the products subject to shopping.

3. SUBJECT

This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the qualities and sales price of which are specified below, which the BUYER has ordered electronically through the website of the SELLER.

Prices listed and announced on the site are sales prices. Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.

4. SELLER INFORMATION

Title : REFA 1990 GIDA Limited Company
Address : 3 Germay Dr Unit 4 19804 Delaware / United States 2
Phone : +17068984075
Email info@refagida.com

5. BUYER INFORMATION

When starting the payment process, the buyer has to fill in the shipping address information below.

Cargo address

Name surname:
Street and Building number:
Apartment, flat etc.:
Postal Code - City:
Country:
Telephone:

6. ORDERING PERSON INFORMATION

Name surname:
Telephone:
Email:

7. CONTRACTUAL PRODUCT/PRODUCTS INFORMATION

  1. The basic features (type, quantity, number) of the products are published on the website of the SELLER. If the campaign is organized by the seller, you can examine the basic features of the relevant product during the campaign. Valid until the campaign date.
  2. Prices listed and announced on the site are sales prices. Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
  3. The sales price of the goods or services subject to the contract, including all taxes, is shown on the relevant page of each product and on the basket page as follows.

    Product description

    Piece

    Unit price

    Total :

     

    1. The shipping fee, which is the product shipping cost, will be paid by the BUYER.

    8. INVOICE INFORMATION

    Name surname
    Address
    Telephone
    Email
    Invoice delivery: The invoice will be delivered to the invoice address along with the order during order delivery.

    9.GENERAL PROVISIONS

    1. The BUYER accepts, declares and undertakes that he has read the preliminary information about the basic characteristics, sales price, payment method and delivery of the product subject to the contract on the website of the SELLER and that he is informed and gives the necessary confirmation in the electronic environment. BUYER's; He/she accepts, declares and undertakes that he/she confirms the Preliminary Information in electronic environment, has obtained the address to be given by the SELLER to the BUYER before the establishment of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, payment and delivery information accurately and completely. .
    2. Each product subject to the contract is delivered to the person and/or organization at the address indicated by the BUYER or the BUYER, within the period specified in the preliminary information section of the website, depending on the distance from the BUYER's place of residence, provided that it does not exceed the legal period of 4-7 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
    3. The SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with the warranty documents, user manuals, if any, with the information and documents required for the job, free from all kinds of defects, and to perform the work in accordance with the standards, in accordance with the principles of accuracy and honesty. It accepts, declares and undertakes to protect and increase the quality of service, to show the necessary care and attention during the performance of the work, to act with prudence and foresight.
    4. The SELLER may supply a different product of equal quality and price, by informing the BUYER and by obtaining its explicit approval, before the contractual performance obligation expires.
    5. The SELLER accepts, declares and undertakes that if it is impossible to fulfill the product or service subject to the order, it will notify the consumer in writing within 3 days from the date of learning of this situation and return the total price to the BUYER within 14 days.
    6. The BUYER accepts, declares and undertakes that he/she will confirm this Agreement electronically for the delivery of the product subject to the contract, and that if the contract product price is not paid for any reason and/or is canceled in the bank records, the SELLER's obligation to deliver the contractual product will end.
    7. After the delivery of the product subject to the contract to the person and/or organization at the address indicated by the BUYER or the BUYER, as a result of the unfair use of the BUYER's credit card by unauthorized persons, if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution. It accepts, declares and undertakes that it will return it to the SELLER within 3 days at the BUYER's expense.
    8. The SELLER accepts, declares and undertakes to notify the BUYER of the situation if the product subject to the contract cannot be delivered in due time due to force majeure situations that develop outside the will of the parties, are unpredictable and prevent and / or delay the fulfillment of the obligations of the parties. The BUYER also has the right to demand from the SELLER the cancellation of the order, the replacement of the product subject to the contract with its precedent, if any, and/or the delay of the delivery period until the obstacle is removed. In case the order is canceled by the BUYER, the product amount is paid to him in cash and in full within 14 days in the payments made by the BUYER in cash. In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER cannot hold the SELLER responsible for possible delays, since the bank transfers the amount returned to the credit card by the SELLER to the BUYER's account, on average, can take up to 2 weeks. accepts, declares and undertakes.
    9. The SELLER's address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated later by him, via letter, e-mail, SMS, phone call and other means, communication, marketing, notification and has the right to reach the BUYER for other purposes. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities.
    10. The BUYER shall inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
    11. If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the order. or request the BUYER from the bank of the card holder to submit a letter stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the aforementioned demands are not met within 24 hours, the SELLER has the right to cancel the order.
    12. The BUYER declares and undertakes that the personal and other information provided while subscribing to the website belonging to the SELLER are true, and that the SELLER will immediately indemnify all damages due to the falseness of this information, upon the first notification of the SELLER, in cash and in full.
    13. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal regulations and not to violate them when using the website of the SELLER. Otherwise, all legal and penal liabilities that may arise will bind the BUYER completely and exclusively.
    14. The BUYER may not use the SELLER's website in any way that disrupts public order, violates general morality, disturbs and harass others, for an unlawful purpose, infringing on the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
    15. Links to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties may be given over the website of the SELLER. These links are provided for the purpose of providing ease of orientation to the BUYER and do not support any website or the person who operates that site and do not constitute any guarantee for the information contained in the linked website.
    16. The member who violates one or more of the articles listed in this contract will be personally and criminally liable for this violation and will keep the SELLER free from the legal and penal consequences of these violations. Moreover; In the event that the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member due to non-compliance with the membership agreement.

      10. RIGHT OF WITHDRAWAL

      1. BUYER; In the event that the distance contract is related to the sale of goods, within 3 (three) days from the date of delivery of the product to him or the person/organization at the address indicated, he can use his right to withdraw from the contract by rejecting the goods without taking any legal or criminal responsibility and without giving any reason, provided that he informs the SELLER. In distance contracts related to service provision, this period starts from the date of signing the contract. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he has been informed about the right of withdrawal.
      2. In order to exercise the right of withdrawal, a written notification must be given to the SELLER by registered mail, fax, e-mail or Whatsapp communication line within 3 (three) days, and the product must not be used in accordance with the provisions of the "Products for which the Right of Withdrawal cannot be exercised" regulated in this contract. If this right is exercised,
      • The invoice of the product delivered to the 3rd person or the BUYER (if the invoice of the product to be returned is institutional) must be sent together with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of institutions cannot be completed unless a RETURN INVOICE is issued.
      • Return form, The products to be returned must be delivered complete and undamaged, together with the box, packaging, standard accessories, if any.
      • The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 14 days at the latest from the receipt of the withdrawal notification and to return the goods within 10 days. If the buyer has made the payment by credit card and uses his right of withdrawal, the product price will be returned to the bank where the buyer made the transaction within 14 days from this moment, but it is possible for the bank to transfer it to the buyer's account within 2-3 weeks.
      • If there is a decrease in the value of the goods due to the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's losses at the rate of the BUYER's fault. The BUYER is obliged to deposit the cost to the IBAN number of REFA 1990 GIDA LIMITED COMPANY TR98 0020 3000 0875 2213 0000 01. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the goods or products within the period of the right of withdrawal.
      • In case of falling below the campaign limit amount set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.

        11. PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL

        In terms of health and hygiene, if the package is opened by the BUYER after the delivery to the BUYER, the disposable products, which are prepared in line with the request of the BUYER or clearly personal needs and are not suitable for return, are in danger of spoiling quickly or are likely to expire. Non-conforming products, products that are mixed with other products after delivery and cannot be separated due to their nature, cannot be returned in accordance with the Regulation if their packaging has been opened by the BUYER. In addition, before the expiry of the right of withdrawal, it is not possible to exercise the right of withdrawal regarding the services that have been started with the approval of the consumer, in accordance with the Regulation.

        In order for products that can be consumed as food to be returned, their packaging must be unopened, untested, intact and unused.

        12. STATUS OF DEFERRED AND LEGAL CONSEQUENCES

        The BUYER accepts, declares and undertakes that he/she will pay interest within the framework of the credit card agreement between the cardholder bank and the bank and be liable to the bank in case of default in the case of making the payment transactions with a credit card. In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the BUYER, and in any case, if the BUYER defaults due to its debt, the BUYER accepts, declares and undertakes that he will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt. The BUYER is obliged to deposit the cost of the damage suffered by the SELLER to the IBAN number of REFA 1990 GIDA LIMITED ŞİRKETİ TR98 0020 3000 0875 2213 0000 01.

        13. AUTHORIZED COURT

        Complaints and objections in disputes arising from this contract, consumer problems in the place of residence of the consumer or where the consumer transaction is made, within the monetary limits specified in the law below, will be made to the arbitral tribunal or the consumer court. Information on the monetary limit is below:

        Effective from 28/05/2014:

        • To district consumer arbitration committees in disputes whose value is less than 2,000,00 (two thousand) TL, pursuant to Article 68 of the Law on Consumer Protection No. 6502,
        • Provincial consumer arbitration committees in disputes with a value less than 3,000,00 (three thousand) TL,
        • In the provinces with metropolitan status, applications are made to the provincial consumer arbitration committees in disputes between 2,000,00 (two thousand) TL and 3,000,00 (three thousand) TL.
        • This Agreement is made for commercial purposes.

          14. ENFORCEMENT

          When the BUYER makes the payment for the order placed on the Site, it is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is fulfilled.

          SELLER :  REFA 1990 GIDA  Limited Company
          ADDRESS : 3 Germay Dr Unit 4 19804 Delaware / United States 2
          BUYER :
          DATE :

          Pursuant to the "Regulation on Implementation Procedures and Principles of Distance Contracts" published in the Official Gazette dated 13.06.2003 and numbered 25137, it is obligatory to conclude a contract for sales made over the internet. Contract details are as follows.

          CONSUMER RIGHTS - WITHDRAWAL - CANCELLATION RETURN TERMS

          GENERAL:

          1. If you place an order electronically through the website you are using, you are deemed to have accepted the preliminary information form and the distance sales contract presented to you.
          2. Buyers are subject to the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts (RG: 27.11.2014/29188) and other applicable laws regarding the sale and delivery of the product they purchased.
          3. Shipping charges, which are product shipping costs, will be paid by the buyers.
          4. Each purchased product is delivered to the person and/or organization at the address indicated by the buyer, provided that it does not exceed the legal period of 4-7 days. If the product is not delivered within this period, Buyers may terminate the contract.
          5. The purchased product must be delivered completely and in accordance with the qualifications specified in the order, with its invoice and return form, if any.
          6. If it becomes impossible to sell the purchased product, the seller has to notify the buyer in writing within 3 days of learning about this situation. The total price must be returned to the Buyer within 14 days. If the buyer has made the payment in cash, this fee is paid in cash within 14 days from the written notification. If the buyer has made the payment by credit card, the product price will be returned to the bank where the buyer made the transaction, again within 14 days from the notification, but it is possible that the bank will transfer it to the buyer's account within 2-3 weeks.

            IF THE PRICE OF THE PRODUCT PURCHASED IS NOT PAID:

            1. If the Buyer does not pay the price of the purchased product or cancels it in the bank records, the Seller's obligation to deliver the product ends.

            SHOPPING MADE WITH THE UNAUTHORIZED USE OF CREDIT CARD:

            1. After the product is delivered, if it is determined that the credit card to which the buyer has paid is used unfairly by unauthorized persons and the price of the sold product is not paid to the SELLER by the relevant bank or financial institution, the Buyer shall pay the shipping cost within 3 days with the original package of the product subject to the contract intact. It must be returned to the SELLER as it belongs to the SELLER.

            IF THE PRODUCT CANNOT BE DELIVERED WITHIN THE TIME FOR UNPROSECTED REASONS:

            1. If force majeure occurs that the SELLER cannot foresee and the product cannot be delivered on time, the Buyer is notified. The buyer may request the cancellation of the order, the replacement of the product with a similar product, or the delay of delivery until the obstacle is removed. If the buyer cancels the order; If he has made the payment in cash, this fee will be paid to him in cash within 14 days from the date of cancellation. If the buyer has made the payment by credit card and cancels it, the product price will be returned to the bank where the buyer made the transaction within 14 days from this cancellation, but it is possible that the bank will transfer it to the buyer's account within 2-3 weeks.

            BUYER'S OBLIGATION TO CHECK THE PRODUCT:

            1. The buyer will inspect the contracted goods/services before receiving them; dented, broken, torn packaging, damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The buyer must carefully protect the goods/services after delivery. If the right of withdrawal is to be used, the goods/services should not be used and the original package should not be opened. Invoice must be returned along with the product.

            RIGHT OF WITHDRAWAL:

            1. BUYER; Within 14 (fourteen) days from the date of delivery of the purchased product to himself or to the person/organization at the address indicated, he can use his right to withdraw from the contract by rejecting the goods without taking any legal or criminal responsibility and without giving any reason, provided that he notifies the SELLER via the contact information below.
            2. CONTACT INFORMATION TO BE NOTIFIED OF THE SELLER'S RIGHT OF WITHDRAWAL:
            COMPANY : REFA 1990 GIDA Limited Company
            NAME/TITLE : REFA 1990 GIDA Limited Company
            ADDRESS : 3 Germay Dr Unit 4 19804 Delaware / United States 2
            EMAIL : info@refagida.com
            TELEPHONE : +17068984075

             

            DURATION OF THE RIGHT OF WITHDRAWAL:

            1. If the buyer has purchased a service, the right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the approval of the consumer, before the expiration of the right of withdrawal, starting from the date of signing this 7-day contract.
            2. The costs arising from the use of the right of withdrawal belong to the SELLER.
            3. In order to exercise the right of withdrawal, a written notification must be given to the SELLER by registered mail, fax, e-mail or Whatsapp communication line within 3 (three) days, and the product must not be used in accordance with the provisions of the "Products for which the Right of Withdrawal cannot be exercised" regulated in this contract.

            USE OF THE RIGHT OF WITHDRAWAL:

            1. The invoice of the product delivered to the 3rd person or the BUYER (if the invoice of the product to be returned is institutional) must be sent together with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of institutions cannot be completed unless a RETURN INVOICE is issued.
            2. Return form, The products to be returned must be delivered complete and undamaged, together with the box, packaging, standard accessories, if any.

            RETURN TERMS:

            1. The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 14 days at the latest from the receipt of the withdrawal notification and to return the goods within 10 days. If the buyer has made the payment in cash, this fee is paid in cash within 14 days from the notification of withdrawal. If the buyer has made the payment by credit card and uses his right of withdrawal, the product price will be returned to the bank where the buyer made the transaction within 14 days from this moment, but it is possible for the bank to transfer it to the buyer's account within 2-3 weeks.
            2. If there is a decrease in the value of the goods due to the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's losses at the rate of the BUYER's fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the goods or products within the period of the right of withdrawal.
            3. In case of falling below the campaign limit amount set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.

            PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL:

            1. In terms of health and hygiene, if the package is opened by the BUYER after the delivery to the BUYER, the disposable products, which are prepared in line with the request of the BUYER or clearly personal needs and are not suitable for return, are in danger of spoiling quickly or are likely to expire. Non-conforming products, products that are mixed with other products after delivery and cannot be separated due to their nature, cannot be returned in accordance with the Regulation if their packaging has been opened by the BUYER. In addition, before the expiry of the right of withdrawal, it is not possible to exercise the right of withdrawal regarding the services that have been started with the approval of the consumer, in accordance with the Regulation.
            2. In order for products that can be consumed as food to be returned, their packages must be unopened, untested, intact and unused.

            CASE OF DEFERRED AND LEGAL CONSEQUENCES

            1. The BUYER accepts, declares and undertakes that he/she will pay interest within the framework of the credit card agreement between the cardholder bank and the bank and be liable to the bank in case of default in the case of making the payment transactions with a credit card. In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the BUYER, and in any case, in the event that the BUYER defaults due to its debt, the BUYER accepts that he will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.

            PAYMENT AND DELIVERY

            1. With your credit cards on our site, you can take advantage of online single payment or online installment opportunities for all kinds of credit cards. In your online payments, the amount will be withdrawn from your credit card at the end of your order.
            2. The order paid via the website is delivered to the contracted cargo within 3 working days at the most.
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            January,February,March,April,May,June,July,August,September,October,November,December
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