Distance Selling Agreement
ARTICLE 1: SELLER
Company Name: Kayla Gurme Gıda San. ve Tic. Ltd. Şti.
Address: Mehmet Akif Ersoy Mahallesi, İstikbal Sokak No: 19, Üsküdar / Istanbul
Phone: 0850 888 0 783
Email: hello@kaylagurme.com
ARTICLE 2: SUBJECT
The subject of this Distance Sales Agreement ("Agreement") is the sale and delivery of the product, the characteristics and sales price of which are specified below, ordered by the BUYER electronically through the kaylagurme.com website belonging to the SELLER, and the determination of the rights and obligations of the parties in accordance with the provisions of Law No. 4077 on the Protection of Consumers ("Law") and the Regulation on the Principles and Procedures for the Implementation of Distance Contracts ("Regulation").
ARTICLE 3: SUBJECT OF THE AGREEMENT
The type and kind of products, quantity, brand/model, color, sales price, and delivery information are based on the information available at the time the order is finalized. You can review the basic features of the goods or services by visiting store.kaylagurme.com.
ARTICLE 4: GENERAL PROVISIONS
4.1. The BUYER declares that they have read and are aware of the preliminary information regarding the essential characteristics of the product, the sales price including all taxes, the payment method, and delivery and its costs on the kaylagurme.com website, and that they have provided the necessary confirmation electronically. By confirming the Preliminary Information electronically, the BUYER also confirms that they have received accurate and complete information from the SELLER regarding the address, the essential characteristics of the ordered products, the price of the products in Turkish Lira including taxes, and payment and delivery information, which must be provided to the BUYER before the conclusion of distance contracts.
4.2. The product subject to this contract will be delivered to the BUYER or the person/organization at the address indicated, within the time frame specified in the preliminary information on the website, depending on the distance of the BUYER's place of residence for each product, provided that this period does not exceed the legal 30-day limit.
4.3. Except for campaigns, special offers, etc., all shipping costs related to delivery will be borne by the BUYER and will be reflected on the invoice for the order under the name "Shipping Fee". Product delivery will not be made to anyone other than the person(s) authorized to receive the delivery as specified in this agreement. Authorized persons are required to present identification during delivery. If these persons do not present identification, delivery will be refused. The SELLER cannot be held responsible for any problems encountered by the shipping company during the delivery of the product to the BUYER, such as the product not being delivered to the BUYER, the recipient not being at the given address, and/or delays in delivery, or damages resulting from delays, and/or the refusal of delivery to a person/organization other than the BUYER to accept the delivery of the product/service.
4.4. The SELLER is responsible for delivering the product in good condition, complete, conforming to the specifications stated in the order, and, if applicable, with warranty documents and user manuals.
4.5. The SELLER may, provided there is a justifiable reason, supply the BUYER with a different product of equal quality and price before the expiration of the performance obligation arising from this contract.
4.6. If the SELLER is unable to fulfill its contractual obligations due to the impossibility of delivering the ordered product or service, it shall notify the consumer of this situation before the expiration of the performance period arising from the contract and may supply the BUYER with a different product of equal quality and price or refund the product price.
4.7. Confirmation of the Preliminary Information Form electronically is required for product delivery. If, for any reason, the product price is not paid or is cancelled in the bank records, the SELLER shall be deemed to be relieved of its obligation to deliver the product.
4.8. If, after delivery of the product, the bank or financial institution fails to pay the SELLER the product price due to the unauthorized or unlawful use of the BUYER's credit card by unauthorized persons, not resulting from the BUYER's fault, the BUYER is obliged to return the product to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, the shipping costs shall be borne by the BUYER.
4.9. If the SELLER is unable to deliver the product within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or disruptions to transportation, the SELLER is obligated to inform the BUYER. In this case, the BUYER may choose to cancel the order, replace the product with an equivalent if available, and/or postpone the delivery until the hindering situation is resolved. If the BUYER cancels the order, the total amount paid will be refunded in full within 10 days. For payments made by credit card, the product amount will be returned to the relevant bank within 7 days of the BUYER's cancellation of the order. Since the reflection of this amount in the BUYER's account after the return to the bank is entirely related to the bank's processing time, the BUYER acknowledges in advance that the SELLER cannot intervene in any way for possible delays and that it may take an average of 2 to 3 weeks for the amount returned to the credit card by the SELLER to be reflected in the BUYER's account by the bank.
4.10. If the product purchased by the BUYER is one that requires a warranty certificate upon sale, the BUYER hereby agrees that the product box will be opened by the SELLER and the warranty certificate will be signed by the SELLER.
ARTICLE 5: RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from the contract within 7 (seven) days from the date of delivery of the product/service to himself or to the person/organization at the address indicated. To exercise this right, notification must be given to the SELLER via e-mail or the contact form at store.kaylagurme.com within the 7-day period, and the product must be unused and in a condition suitable for resale by the SELLER, in accordance with the provisions of Article 6 of this agreement. If this right is exercised,
a. A copy of the shipping delivery receipt confirming that the product delivered to the third party or the BUYER has been sent back to the SELLER, along with the original invoice. (If the invoice for the product to be returned is issued to a company, it must be sent together with the return invoice issued by the company. Returns of orders invoiced to companies cannot be completed unless a RETURN INVOICE is issued.)
b. Products to be returned within 7 (seven) days must be delivered complete and undamaged, including the box, packaging, and any standard accessories. In sales where a gift is given with the product, if the right of withdrawal is exercised, the gift must also be returned by the BUYER.
c. Within 10 (ten) days following the receipt of the cancellation notice by the SELLER, the product price will be refunded to the BUYER in the same manner as it was PAID. The SELLER is obligated to take back the goods within 20 days.
d. When returning the product to the SELLER, the original invoice presented to the BUYER upon delivery of the product must also be returned. The return section of the invoice to be returned with the product must be completed and signed by the BUYER.
e. If the value of the goods decreases or return becomes impossible due to a fault of the BUYER, the BUYER is obligated to compensate the SELLER for the damages in proportion to the fault.
f. If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount received under the campaign will be cancelled.
Except for returns due to errors by g.kaylagurme.com, the shipping cost is the responsibility of the BUYER, and unpaid returns will not be accepted.
When returning the product to the SELLER, the original invoice presented to the BUYER upon delivery must also be returned. Failure to include the invoice with the product will result in the return being rejected, and the product will be returned to the BUYER via cash on delivery. The invoice returned with the product must be marked "return invoice" and signed by the BUYER.
ARTICLE 6: PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Due to their nature, the right of withdrawal cannot be exercised for single-use consumables or products that may expire, or products prepared according to the buyer's requests or personal needs and which, by their nature, are unsuitable for return. The exercise of the right of withdrawal is subject to the condition that the product's packaging is unopened, undamaged, and the product has not been used or tested.
ARTICLE 7: DEFAULT BY THE DEBTOR
In the event of the BUYER's default, the BUYER agrees to compensate the SELLER for any loss or damage incurred due to the delayed performance of the obligation. If either party fails to fulfill its obligations under this contract, the debtor shall be deemed to be in default in accordance with general provisions. If the defaulting party fails to fulfill its obligation within the stipulated time without a justifiable reason, the other party shall give the defaulting party a period of 7 (seven) days to fulfill the obligation. If the obligation is not fulfilled within this period, the defaulting party shall have the right to withdraw from the contract and claim compensation from the other party for any damages arising from the non-performance of the contract. In case of default, the interest rate shall be the overnight borrowing interest rate of the Central Bank of the Republic of Turkey (TCMB).
ARTICLE 8: COMPETENT COURT
In the event of a dispute between the parties regarding the implementation of this agreement, and if this dispute cannot be resolved amicably, the Consumer Arbitration Boards and Consumer Courts located in the place where the BUYER purchased the goods or services and where they reside, within the framework of the values announced by the Ministry of Industry and Trade, shall have jurisdiction.
BUYER;
- For complaints and objections regarding transactions with a product price up to 1,161.67 TL, applications should be submitted to the Consumer Arbitration Board in the place where the product was purchased or where the customer resides.
- For complaints and objections regarding transactions where the product price exceeds 1,161.67 TL, applications can be made to the Consumer Court in the place where the product was purchased or where the customer resides.
- According to the third paragraph of Article 5 of the Regulation on Consumer Dispute Resolution Boards, published in the Official Gazette dated 01/08/2003 and numbered 25186, the lower monetary limit for provincial arbitration boards operating in provinces with metropolitan status to handle disputes is 3,032.65 TL. By confirming the order, the BUYER is deemed to have accepted all the terms and conditions of this agreement.
This Agreement is made for commercial purposes.
ARTICLE 9: EFFECTIVENESS OF THE AGREEMENT
This agreement will enter into force upon electronic confirmation.