TERM OF AGREEMENT:
Distant sale agreement shall expire upon delivery of the product indicated in hereby form to BUYER.
RIGHT OF WITHDRAWAL:
BUYER has the right to renounce and withdrawal within 15 days following delivery of the product in hereby agreement to himself or the person/entity present in the prescribed address. Product fee is returned to BUYER within 10 days as of the withdrawal notice of customer reaches the vendor. (See Directive on Distant Agreements, Article 9/2) VENDOR meets the shipping cost of the product which is returned within the scope of right of withdrawal.
We hereby declare and undertake that the consumer has the right of withdrawal from agreement within seven days as of delivery date of the goods or signature date of agreement, without bearing any legal or penal liability and without the obligation of any justification, and that we will accept such returned goods once the notice of withdrawal reaches the vendor or supplier.
Pursuant to General Communique no. 395 on Tax Procedure Law, you have to fill completely the relevant areas in the invoice with return section we have sent you and to resend it to us together with the product so that return procedures can be carried out.
BUYER may communicate any requests or complaints to above-mentioned contact details of VENDOR.
BUYER may submit any applications regarding complaints and objections to the arbitration committee or consumer court where BUYER has purchased the goods or service or even resides, on the condition of remaining within the monetary limits set by Ministry in every December.
Any information in hereby Preliminary Information Form is provided for commercial purposes, in line with distant communication means and within the scope of bona fide principles, in such manner to protect minors or those with limited or no capability of awareness.
Hereby Preliminary Information Form shall be read and accepted by BUYER in electronic environment, before proceeding to the stage of establishment of Distant Sales Agreement.
VENDOR: https://www.tuckcoffee.com
BUYER:
Date:
DISTANT SALES AGREEMENT
ARTICLE 1: PARTIES
1.1. VENDOR
Title: MERACK Tekstil Ticaret İthalat İhracat A.Ş
Address: Kazımdirik Mh. 378 Sk. No:6/301 Şenler İşhanı Bornova/IZMIR
Tax Office – Tax ID: Hasan Tahsin – 615 039 5496
Mersis No: 0615 0395 4930 0016
Telephone: 0232 435 0208
E-mail: info@tuckcoffee.com
1.2. BUYER
Name-surname/Title:
Turkish ID:
Address:
Telephone:
E-mail:
ARTICLE 2: SUBJECT MATTER
The subject matter of hereby agreement is to determine rights and liabilities of respective parties pursuant to provisions under Law no. 4077 on Protection of Consumers and Directive on Implementation Principles and Procedures of Distant Agreements, with regard to sale and delivery of the product which is sold by VENDOR to BUYER in electronic environment at https://www.tuckcoffee.com/, with specifications and prices indicated below.
ARTICLE 3: PRODUCT UNDER AGREEMENT
Dear Sir/Madam;
Thanks for your interest in our website https://www.tuckcoffee.com.
Details of your shopping are given below. In case of any problem with above-mentioned details, please call us immediately via phone number +90 232 435 0208 to contact our customer services official.
Order Details
Please keep this information in safe and secure manner.
Delivery Address:
Invoice Address:
Orders:
Kind and type, amount, brand/model, color and sale price of the products are as indicated above.
Form of Payment:
Delivery Address:
Person to Receive Delivery:
Invoice Address:
ARTICLE 4: GENERAL PROVISIONS
4.1. BUYER agrees and declares that it has read, been duly informed and thus granted required consent in electronic environment as to basic qualities, sale price, term of payment and delivery of the contract product at the website https://www.tuckcoffee.com of VENDOR.
4.2. The contract product is delivered within maximum 7 days as of order date to BUYER or any person/entity it assigns in the prescribed address, depending on where BUYER resides and in any case, in such manner not to exceed the legal duration of 15 days.
4.2.1. The purchased product is supplied by VENDOR to courier company so as to be delivered to BUYER within 7 to 10 days, regardless of the duration of supply/production of such product.
4.3. In case the product subject to agreement is to be delivered to a person/entity other than BUYER, the VENDOR cannot be held responsible if such person/entity does not accept delivery.
4.4. VENDOR is responsible for delivering the product in working, complete manner, in line with specifications indicated in the order, and – if any – together with warranty certificates and user manuals.
4.5. For delivery of a product, the signed copy of hereby agreement must have been communicated to VENDOR and the fee should have been paid in the manner preferred by BUYER. In case the product price is not paid or canceled in bank records for any reason whatsoever, VENDOR is deemed to have been relieved of its obligation of delivery.
4.6. Following the delivery of product, in case the relevant bank or financial institution does not pay the product price to VENDOR because of unlawful or illegal use of the credit card of BUYER for a reason not arising from the breach or fault of BUYER, the product has to be sent back to VENDOR within 3 days on the condition that it has been delivered to BUYER himself.
4.7. In case VENDOR cannot deliver the contractual product within agreed period because of Force Majeure or any extraordinary condition such as adverse weather conditions etc. that hinders air transport, it has to inform BUYER about such situation. In such case, BUYER may either cancel the order, request replacement of the contractual product with an equivalent and/or delay the delivery time until above-mentioned hampering condition is over. In case BUYER cancels the order, the amount he paid shall be refunded in cash and in full within 10 days.
4.8. In case the delivered product is defective, it can be sent back to VENDOR for replacement; in such case, the shipment costs shall be met by VENDOR.
4.9. Hereby agreement shall come into effect once it is signed by BUYER and communicated to VENDOR by means of fax or mail.
4.10. All our commitments about the ordered product, including its price, are valid until the product undergoes any amendment or is removed from the website.
ARTICLE 5- RIGHT OF WITHDRAWAL:
BUYER has the right of withdrawal within 7 days following delivery of the product in hereby agreement to himself or the person/entity present in the prescribed address. For exercise of right of withdrawal, BUYER has to inform VENDOR within this period by means of fax, e-mail or telephone; besides, the product should not be one of those exempt from right of withdrawal as indicated under hereby article 6. With regard to the product to be returned by BUYER through its right of withdrawal, in case the product has undergone loss of value or become impossible to return due to any fault of BUYER, the latter has to compensate the value or reduction in value of the product.
In case of exercise of this right, the courier receipt sample and original invoice should be returned so as to prove that the product delivered to third party or BUYER has been sent to VENDOR. The product value is refunded to BUYER within 7 days after delivery of mentioned documents. VAT and similar – if any – legal liabilities shall not be returned unless the original invoice is communicated. Article VENDOR meets the shipping cost of the product which is returned within the scope of right of withdrawal.
ARTICLE 6 – RULES ON PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGE AND INTELLECTUAL & INDUSTRIAL RIGHTS
BUYER details that may be defined as personal data within the scope of Law no. 6698 on Protection of Personal Data, such as name, surname, e-mail address, Turkish ID, demographic details, financial data etc. can be saved, kept in written/magnetic archives, used, updated, shared, transferred or processed in similar manners by VENDOR, its affiliates and third party real and/or legal entities in order to receive orders, provide products and services, develop products and services, solve system problems, realize payment transactions, – on the condition of prior consent – be used in marketing activities about orders, products and services, update BUYER data, manage and maintain memberships, as well as for fulfillment of distant sales agreement and similar agreements between BUYER and VENDOR, and realization of technical, logistic and similar other operations by third parties on behalf of VENDOR.
Pursuant to applicable legislation, VENDOR may send BUYER any kind of commercial electronic communication such as SMS, push notification, autodial, computer, telephone, e-mail, fax and other electronic media for advertisement, communication, promotion purposes about any product or service; BUYER agrees to be sent such commercial electronic messages.
VENDOR has taken necessary reasonable measures in line with its system infrastructure and depending on content of information and procedure, within the limits of applicable technical possibilities, in order to ensure security of information and procedures entered or made by BUYER on VENDOR’s website. Nevertheless, BUYER is responsible for taking necessary measures, including protection or prevention of access by unauthorized persons to BUYER details when they are entered through devices of BUYER.
BUYER may reach VENDOR any time in order to request the latter to stop data use-processing and/or communication. Pursuant to relevant explicit notice of BUYER, personal data procedures and/or communications shall be stopped within maximum legal period; besides, upon request of BUYER, the data, other than those which should and/or can be legally stored, shall be deleted from data recording system or anonymized in such manner to conceal its identity. At its sole discretion, BUYER may at any time reach VENDOR for issues such as objection against any adverse conditions that may arise with regard to procedures about personal data processing, the persons such data is communicated, correction of incomplete or incorrect data, communication of corrected data to relevant third parties, deletion or destruction of data, analysis through automatic systems, or even elimination of any loss due to unlawful processing of data. Such applications shall be duly reviewed and BUYER shall be responded within the legally prescribed deadlines.
Apart from those belonging to other third parties pursuant to VENDOR’s other agreements, VENDOR owns all intellectual, industrial and property rights of any kind of information and content about website, as well as their configuration, revision and partial/complete use.
Other websites, which are accessible through VENDOR’s website, have their respective security policies and terms of use; VENDOR shall not be responsible for any relevant disputes or adverse consequences.
ARTICLE 7: PRODUCTS EXEMPT FROM RIGHT OF WITHDRAWAL:
Right of withdrawal cannot be exercised in case the product has been used, its package has been harmed or unpacked by consumer.
ARTICLE 8: GENERAL PROVISIONS
Persons under the age of 18 cannot shop from VENDOR.
ARTICLE 9: COMPETENT COURT
Consumer Arbitration Committees and Consumer Courts where BUYER or VENDOR resides shall be legally authorized for implementation of hereby agreement up to the values previously determined by Ministry of Industry and Trade.
In case the order is placed, BUYER is deemed to have accepted all provisions under hereby agreement.
VENDOR: MERACK Tekstil Ticaret İthalat İhracat A.Ş
BUYER:
Date:
