Distance Sales Agreement

              PARTIES

This Distance Sales Agreement ("Agreement") has been concluded between the Parties whose information is provided below.

1.1.  Seller Information : SALDOS

Title

:

Saldos Ticaret Anonim Şirketi

Mersis Number

:

0741063827500014

Address

:

Cumhuriyet Mah. Akeller Cad. No: 107 Söke/Aydın

Phone

:

0850-304-04-08

Call Center

:

0850-304-04-08

Fax

:

0850-304-04-08

E-mail

:

bilgkvkki@saldos.com.trkvkk@saldos.com.tr

 

 

1.2.  Buyer Information

Name/Surname/Title:  

:

 

Address

:

 

Phone

:

 

E-mail

:

 

 

1.3. In this Agreement, the Seller and the Buyer shall be referred to individually as the "Party" and collectively as the "Parties".

1.4. Electronic Commerce Intermediary Service Provider (“ECISP”) Information:

Title of Electronic Commerce Intermediary Service Provider

:

Transmed Gıda Sanayi ve Ticaret Anonim Şirketi

Address of Electronic Commerce Intermediary Service Provider

:

Merkez Mah. Ayazma Cad. No:37 Papirus Plaza Kat:7 İç Kapı No:122 Kağıthane/İstanbul

Mersis Number of Electronic Commerce Intermediary Service Provider:

:

0274066932200001

Tax Identification Number of Electronic Commerce Intermediary Service Provider

:

2740669322

Phone of Electronic Commerce Intermediary Service Provider:

:

0212 289 00 33

Fax Number of Electronic Commerce Intermediary Service Provider

:

0212 289 80 33

Complaint/Suggestion Channels:

:

08503040408 through the phone number and the "Complaint/Request Management" section on the Platform.

 

 

 

2.  DEFINITIONS

 

2.1. In this Agreement, the words specified below, when used with their first letters capitalized, shall refer to the meanings given to them in this article.

Platform: The website operated by the Electronic Commerce Intermediary Service Provider and its subdomains, including https://buebchen.tr/.

Seller: The company that offers the Product, whose information and features are specified in Article 4 of this Agreement, to the Buyer within the scope of the Law.

Buyer: Persons who are members of the Platform or purchase Product/s without being a member

Electronic Commerce Intermediary Service Provider (“ETAHS”):   Saldos Ticaret Anonim Şirketi, which operates the Platform where the Seller offers the Product for sale with the system it has created and mediates the conclusion of a distance contract on behalf of the Seller. Cargo Company: Yurt içi Kargo, the contracted cargo company that ensures the delivery of the Product to the Buyer and its return from the Buyer to the Seller during return processes.

Product: Refers to baby care products offered for sale on the website.

Law: Law on Consumer Protection No. 6502

Sale Price : The fee the Buyer will pay to the Seller in exchange for purchasing the Product.

Regulation: Distance Sales Regulation

Pre-Information Form : The information given to the Buyer in electronic environment before the acceptance of this Agreement, in accordance with the Regulation and the Law, informing the Buyer about the Products to be purchased and their obligations, and containing the Sale Price, right of withdrawal and other terms.

refers to.

3.   SUBJECT AND SCOPE OF THE AGREEMENT

3.1. The subject of this Agreement is to determine the rights and obligations of the Parties in accordance with the provisions of the Law and the Regulation and all other relevant legal regulations regarding the purchase of the Product, whose characteristics and Sale Price are specified in Article 4, by the Buyer electronically through the website https://buebchen.tr/ and the delivery of the Product.

3.2. The conclusion of the Agreement shall not prevent the performance of the provisions of the agreements separately concluded by the Parties with ETAHS, and the Parties acknowledge, declare and undertake that ETAHS is not a party to the Product sale and the Agreement in any way and has no responsibility or commitment, except for those assigned to it within the framework of the Law and the Regulation regarding the fulfillment of the Parties' obligations under the Agreement.

4.  PRODUCT INFORMATION, SALE PRICE, PAYMENT

4.1. The basic characteristics of the Product subject to this Agreement; the sales price including VAT and the payment method are as follows:

Date : 

Product Purchased: 

Basic Characteristics of the Product:

Name, code: __, __ units

Sale Price Including Taxes:  (Total sale price including taxes must be written.)

Subtotal: [______]TL

Total: [______]–TL

TL Payment Method : Transaction with Debit Card/Credit Card

Person to be Delivered To: _____

Delivery Address: _____

Delivery Method: _____

Delivery Time: Within the promised period

Delivery Time to Cargo Company : _____

Cargo Company (for delivery + return):

Phone number: _____

Person/Institution to be Invoiced: _____

Billing Address: ____

Tax Office: ____

Tax Registration Number: _____

4.2. The said Sale Price is collected from the Buyer by the Seller. By paying the full price of the goods to Saldos, the Buyer will be deemed to have paid the Sale Price and will not be under any further payment obligation. The Buyer's rights of withdrawal/return within the scope of the relevant legislation are reserved.

5.  RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The Buyer acknowledges, declares and undertakes that he/she has been informed about the basic characteristics of the Product subject to the Agreement, its sales price including all taxes, payment method and service provision, as well as the name, title, open address and contact information of the Seller and ETAHS, along with all information regarding the Product and the right of withdrawal, before the conclusion of this Agreement, and that he/she accepts the terms, and that he/she will make the payment for the Product after approving this Agreement and the Pre-Information Form electronically.

5.2. The Buyer acknowledges, declares and undertakes that, before the order is created and the Agreement is concluded, he/she has been accurately and completely informed about all matters related to the conclusion and implementation of the Agreement, including those listed below, through all general-special explanations on the relevant pages and sections of the Platform, the Agreement, the Pre-Information Form, and other means, and that he/she has read and understood them, and confirmed them electronically.

a) Basic characteristics of the Product,

b) Name or title of the Seller and ETAHS, MERSIS number or tax identification number and contact information and other identifying information,

c) Stages of the sales process when purchasing the Product from the Platform and appropriate tools-methods for correcting incorrectly entered information,

d)  Shipping restrictions stipulated by the Seller for the Product/Service,

e) Accepted payment methods-tools for the Product/Service, total sale price of the Product/Service including taxes,

f)  Information about the procedures for the delivery of the Product/Service to the Buyer and additional costs such as shipping-delivery-cargo costs,

g) Other payment/collection and delivery information and duration regarding the Product/Service, other information regarding the performance of the Agreement and the responsibilities of the Parties in these matters,

h) Information on when the Buyer cannot exercise their right of withdrawal, or the conditions under which they lose this right, including failure to exercise the right within the specified period,

ı) In cases where the Buyer has the right of withdrawal, the conditions, duration and procedure for exercising this right, information regarding the Cargo Company stipulated by the Seller for returns, and all financial matters (including the return method and cost, the return of the contract amount and any discounts and set-offs that may be made due to reward points earned/used by the Buyer during the return),

i) Open address, fax number or e-mail information to which the withdrawal notification will be made,

j) Details of the conditions (special terms) for the Buyer to benefit from various opportunities that may be applied on the Platform from time to time,

k) All other sales terms contained in the Agreement according to their nature, and information that after the Agreement is approved by the Buyer on the Platform, the Agreement will be sent to the Buyer by e-mail upon the Buyer's request and the Buyer will be able to access the Agreement from their e-mail account,

l) Information that in case of disputes, the Buyer may apply to the Consumer Arbitration Committee or the Consumer Court, provided that mediation is applied before a lawsuit is filed in accordance with Article 73/A of the Law.

5.3. All confirmations/acceptances given by the Buyer electronically within the scope of this Agreement shall be considered as "written consent".

5.4. The Product is delivered to the Buyer or a third party designated by the Buyer by the Cargo Company to the delivery address specified by the Buyer on the Platform within the promised delivery period. However, in sales of Product/Service prepared according to the Buyer's wishes or personal needs, the delivery period may exceed 5 (five) business days. In addition, for Products/Services whose order status is stated as "Pre-Order" or "Made to Order", the delivery period may also exceed 5 (five) business days. The Seller sends and delivers the Product to the Buyer via the Cargo Company. If the Cargo Company does not have a branch at the Buyer's location, the Buyer must pick up the Product from another nearby branch of the Cargo Company indicated by the Seller.

5.5. If the Buyer does not receive the Product for any reason, it will be deemed that the Buyer has returned the Product, and in this case, all payments collected from the Buyer, including delivery costs, if any, will be refunded to the Buyer within the legal period.

5.6. The Seller is not responsible for any damages and expenses arising from the Buyer's late delivery and/or non-delivery of the Product if the Buyer or the third party designated by the Buyer is not at the address at the time of delivery. If the Buyer cannot receive the Product for any reason, it will be deemed that the Buyer has returned the Product, and in this case, delivery costs, if any, will be deducted. The remaining amount paid by the Buyer will be refunded to the Buyer.

5.7. Regarding delivery costs, for orders exceeding the amount agreed upon in writing and mutually by the Seller and the Cargo Company periodically, the shipping fee will be paid by the Seller; for orders below this amount, the shipping fee will be paid by the Buyer. The current amount of the shipping fee determined within this scope will be displayed on the Platform in a way that the buyer can see it.

5.8. Prices announced on the Platform constitute the Sale Prices. Announced prices and promises are valid until they are updated and changed. Prices announced for a limited period are valid until the end of the specified period. The Seller is completely free to determine the scope and nature of the Products, and changes made to the Products are deemed to have entered into force upon their publication on the Platform.

5.9. For the Product subject to the Agreement to be provided, the Sale Price must have been paid with the preferred payment method offered on the Platform and determined by the Seller.

5.10. After the Pre-Information Form, which is an integral part of this Agreement, is approved and the Agreement is concluded, if the Sale Price to be paid for the Product is not paid by the Buyer or if the amount is not transferred to the Seller for any reason, the Seller reserves the right to refrain from providing the Product in cooperation with ETAHS until the Buyer informs the Seller by paying the Sale Price.

5.11. Due to installment sales being made only with credit cards belonging to banks, the Buyer accepts, declares and undertakes that they will confirm the interest rates and default interest information determined by the banks separately with the card-issuing bank, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the relevant bank and the Buyer, in accordance with the current legislation. The Buyer accepts and undertakes that they will not make any claims or demands from the Seller under any circumstances or conditions in exchange for the amount allocated to them due to the installment sale.

5.12. If it becomes impossible for the Seller to deliver the Product subject to the Contract within the specified period due to force majeure and other extraordinary circumstances, the Seller shall notify the Buyer of this situation. If the performance becomes impossible, the total amount paid by the Buyer shall be refunded within fourteen (14) days. For payments made by the Buyer with a credit card, the Sales Price shall be refunded to the relevant bank within three (3) business days after the order is cancelled by the Buyer. Since the reflection of the amount on the Buyer's accounts after the refund to the bank for payments made with credit cards or debit cards is entirely related to the bank's transaction process, the Buyer acknowledges and accepts that the Seller and ETAHS cannot intervene in any way for possible delays, and that the time it takes for the bank to reflect the amount refunded by the Seller to the credit card or debit card to the Buyer's account is not the responsibility of the Seller or ETAHS.

5.13. The number of Products the Buyer can order may be limited by announcements made on the Platform. If the Buyer wishes to order more Products than the quantity stated in the announcements made on the Platform, their order may be prevented, and if it is determined after the order is placed that they have ordered more than the specified quantity, the orders exceeding the specified quantity may be canceled, and in this case, all payments collected, including delivery costs for the canceled orders if any, will be refunded to the Buyer within the legal period. The Buyer accepts, declares, and undertakes that they have placed their order by accepting these terms, and that orders exceeding the quantity limit may be prevented and canceled.

5.14. The invoice to be issued by the Seller for each Product purchased will be sent to the e-mail address and physical address specified by the Buyer.

6. RIGHT OF WITHDRAWAL

6.1. The Buyer accepts, declares, and undertakes that they have the right to withdraw from the Contract within fourteen (14) days from the date of electronic approval of this Distance Sales Contract, without stating any reason and without paying any penalty clause.

6.2. The withdrawal period for the Product begins on the day the Buyer or a third party designated by the Buyer receives the Product. However, the Buyer may also exercise their right of withdrawal during the period between the conclusion of the Contract and the delivery of the Product.

6.3. In determining the withdrawal period;

a) For a single order consisting of separate deliveries of the Product, the day the Buyer or a third party designated by the Buyer receives the last Product,

b) For a Product consisting of multiple parts, the day the Buyer or a third party designated by the Buyer receives the last part,

c) In cases where the Product is delivered regularly for a certain period, the day the Buyer or a third party designated by the Buyer receives the first Product

shall be taken as the basis.

6.4. To exercise the right of withdrawal within this period, the Buyer must notify ETAHS at Büyükdere Cad. Ali Kaya Sok. No.5 Şişli/İstanbul in writing or by email to [.]. The Seller, upon receiving notification of the exercise of the right of withdrawal, will confirm receipt of the said notification to the Buyer.

6.5. In cases where the Buyer has made payments using a credit card, the Product Sales Price is refunded to the relevant bank within fourteen (14) days after the order is cancelled by the Buyer. Since the reflection of this amount on the Buyer's accounts after the refund to the bank is related to the bank's transaction process, the Buyer accepts in advance that the Seller and ETAHS cannot intervene in any way for possible delays, that the Seller and ETAHS cannot be held responsible, and that they cannot make any claims or demands, and that it may take an average of two to three weeks for the bank to reflect the amount refunded by the Seller to the credit card to the Buyer's account. For installment payments made with a credit card, the bank's rules regarding the relevant application will apply, and the refund may also be made by the bank in installments.

6.6. If the Buyer, exercising the right of withdrawal, made the payment using a method other than credit card, the Seller and ETAHS shall not be held responsible for delays in refund due to reasons arising from the intermediary firm providing the payment method.

6.7. If the Buyer sends the Product to be returned to the Seller with the Seller's Cargo Company specified in the Preliminary Information Form, the return shipping cost belongs to the Seller. If there is no branch of the Seller's Cargo Company at the Buyer's location for the return, the Buyer may send the Product with any Cargo Company. In this case, the Seller is responsible for the return shipping cost and any damage the Product may incur during the shipping process.

6.8. The Buyer shall exercise the right of withdrawal within the period and procedures specified in this article; otherwise, the right of withdrawal shall be lost.

7. CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

7.1. The Buyer accepts, declares, and undertakes that they are aware that they cannot exercise the right of withdrawal in the cases specified in Article 15 of the Regulation and listed below.

a) Contracts for goods or services whose prices fluctuate depending on financial market fluctuations and are not under the control of the Seller or ETAHS,

b) Contracts for goods prepared in accordance with the consumer's wishes or personal needs,

c) Contracts for the delivery of goods that are perishable or whose expiration date may pass quickly,

d) Contracts for the delivery of goods that are unsuitable for return due to health and hygiene reasons, whose protective elements such as packaging, tape, seal, package have been opened after delivery,

e) Contracts for goods that are mixed with other products after delivery and cannot be separated by nature,

f) Contracts for books, digital content, and computer consumables supplied in a tangible medium, if their protective elements such as packaging, tape, seal, package have been opened after the delivery of the Product,

g) Contracts for the delivery of periodicals such as newspapers and magazines, except for those provided under a subscription agreement,

h) Contracts for accommodation, goods transportation, car rental, food and beverage supply, and leisure activities for entertainment or recreation that must be made on a specific date or period,

i) Contracts for services performed instantly in electronic environment and intangible goods delivered instantly to the Buyer,

j) Contracts for services that have been started to be performed with the Buyer's consent before the end of the withdrawal period,

k) Contracts concluded through auction in the form of live auction.

8. WARRANTY

8.1. The Buyer shall inspect the Product before taking delivery; they shall not accept damaged, defective, or incomplete Products such as those with dents, breakages, torn packaging, etc. It shall be assumed that the delivered Product is undamaged and sound. The obligation to carefully protect the Product after delivery belongs to the Buyer. If the right of withdrawal is to be exercised, the Product must not be used and must be returned with the Product invoice and all other documents delivered to the Buyer during delivery (e.g., warranty certificate, user manual, etc.).

9. PERSONAL DATA

9.1. ETAHS and the Seller are obliged to store the personal data, as defined in Law No. 6698 on the Protection of Personal Data ("KVKK"), that arise during and as a result of the Buyer's use of the services on the Platform in a secure environment. Detailed information regarding the processed personal data has been provided through the "Customer Information Text", "Data Subject Application Form", and "KVKK Privacy Policy" accessible on the Platform.

9.2. The Seller and ETAHS may use this information for the purpose of carrying out the necessary applications for the full and proper operation of the services, making statistical evaluations, advertising, marketing, announcing their and their business partners' activities and applications if the Buyer gives explicit consent, and for other purposes, without being limited to the reasons specified herein, and may disclose Buyer information to third parties.

9.3. The necessary measures for the security of personal data entered by the Buyer into the Platform and processed by Saldos have been taken within the Seller's system infrastructure, in proportion to current technical possibilities, according to the nature of the information and transaction. However, since the said information is entered from the Buyer's device, the responsibility for taking the necessary measures, including those related to viruses and similar malicious applications, to protect them on the Buyer's side and prevent unauthorized access by irrelevant persons, belongs to the Buyer.

9.4. The Buyer – as stated in the “Customer Information Text”, “Data Subject Application Form”, “KVKK Privacy Policy” documents – can exercise their rights under Article 11 of the KVKK, which regulates the rights of the data subject, by applying to SALDOS in writing at Cumhuriyet Mah. Akeller Cad. No:107 Söke/AYDIN or by sending an email to an email address, provided their email address is registered in the company's systems, or by registered electronic mail to kvkk@saldos.com.tr, in accordance with the Procedures and Principles for Application to the Data Controller. They can stop data usage-processing and/or communications at any time by reaching out through the communication channels or by exercising their right to refuse in electronic communications sent to them through the same channels in accordance with legal procedures. According to the Buyer's explicit notification in this regard, personal data processing and/or communications to them will be stopped within the legal maximum period; furthermore, if they wish, information other than that which must be legally retained and/or is possible will be deleted from the data recording system or anonymized in a way that their identity cannot be determined. If the Buyer wishes, they can always apply to the Seller through the communication channels mentioned above and obtain information on matters such as the processing of their personal data, the persons to whom it has been transferred, its correction if it is incomplete or incorrect, the notification of corrected information to relevant third parties, the deletion or destruction of data, objection to a result arising against them through analysis by automatic systems, and compensation in case of damage due to unlawful processing of data. Applications and requests on these matters will be fulfilled within the legal maximum periods or may not be accepted with a legal justification explained to them.

9.5. The Seller reserves the right to make any changes it deems necessary regarding the above matters; these changes become effective from the moment they are announced by the Seller on the Platform or through other appropriate methods.

9.6. Privacy-security policies and terms of use of other sites accessed from the Platform apply, and the Seller is not responsible for any disputes or negative consequences that may arise.

10. INTELLECTUAL PROPERTY RIGHTS

10.1. All intellectual and industrial property rights and ownership rights regarding all information and content belonging to the Platform, and their arrangement, revision, and partial/full use, except those belonging to other third parties according to the Seller's agreement, belong to Trransmed Gıda Sanayi ve Ticaret A.Ş.

11. GOVERNING LAW AND JURISDICTION

11.1. This Agreement is subject to Turkish law.

11.2. In disputes that may arise from this Agreement, Consumer Arbitration Committees at the place where the Buyer purchased the goods or where their residence is located, up to the value announced by the Ministry of Customs and Trade every December; and for disputes exceeding this value, Consumer Courts at the place of residence of the Buyer or Seller; and in places where these do not exist, Civil Courts of First Instance at the place of residence of the Buyer or Seller are authorized.

11.3. In cases where the Buyer is not a Consumer, the Istanbul Anatolian Courts and Enforcement Offices are authorized to resolve any disputes that may arise in relation to this Agreement.

12. NOTIFICATIONS

12.1. The most current e-mail address and other communication addresses provided or to be provided by the Buyer to the Seller are considered the legal notification address for all notifications to be made in relation to this Agreement.

12.2. The Parties agree that if they do not notify the other Party of changes in their current e-mail addresses and other communication addresses within seven (7) days, notifications sent to old e-mail addresses or served to the specified other communication addresses shall be deemed valid and served to them.

12.3. Any notification made using the Buyer's registered e-mail address shall be deemed to have reached the Buyer one (1) day after the e-mail is sent by the Seller.

13. SEVERABILITY

13.1. If any provision of this Agreement is deemed illegal, invalid, or unenforceable, this shall not affect the legality, validity, and enforceability of the other provisions of the Agreement, and the other provisions of the Agreement shall remain in force and effect, unless the implementation of this provision would eliminate the intentions and objectives of the parties in this Agreement.

13.2. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter of the Agreement and supersedes all prior agreements between the Parties on the same subject.

14. AMENDMENT OF THE AGREEMENT

14.1. ETAHS may amend this Agreement at any time by publishing the amended version on the Platform in agreement with the Seller.

15. EFFECTIVE DATE

15.1. All articles of this Agreement have been read and accepted by the Buyer and the Seller; this Agreement entered into force on the date it was approved electronically by the Buyer.

SELLER: Saldos Ticaret Anonim Şirketi

BUYER:

Date: