Distance Sales Agreement
PRELIMINARY INFORMATION FORM
|ORDER_DATE|
1. THE SELLER;
Title :Vitruvius İçecek Gıda ve Ticaret Anonim Şirketi
Address :KERVANSARAY MAH. KERVANSARAY CAD. NO:54 İÇ KAPI NO:1 ŞİLE/ İSTANBUL TÜRKİYE
E-mail :hello@vitruviuspeople.com
BUYER INFORMATION
|BUYER_INFORMATION|
2. SUBJECT;
The subject of this Preliminary Information Form is to inform the Buyer, in accordance with the Law on the Protection of Consumers No. 6502 and the Regulation on Distance Contracts, regarding the sale and delivery of the product(s) for which the Buyer has placed an order electronically on the website https://www.vitruviuspeople.com belonging to the Seller, and whose characteristics and sales price are specified below.
3. BASIC CHARACTERISTICS OF THE PRODUCT SUBJECT TO THE CONTRACT;
|PRODUCTS|
PAYMENT METHOD and DELIVERY
Payment Type :|PAYMENT_SYSTEM|
Shipping Company :|SHIPPING|
Shipping company selected for return :|SHIPPING|
4. DELIVERY
4.1. The product subject to the contract shall be delivered to the Buyer or a 3rd person or organization indicated by the Buyer, provided that it does not exceed the legal period of 30 (thirty) days, depending on the distance of the Buyer's place of residence for each product. The Seller's failure to comply with this obligation entitles the Buyer to terminate the contract with just cause. In the event of such termination of the contract, if there is any payment collected from the Buyer upon the conclusion of this contract, the Seller is obliged to refund it to the consumer, including delivery costs, within at most 3 business days from the date the termination notice reaches the Seller, with the addition of legal interest as required by relevant legislation.
4.2. If the product subject to the contract is to be delivered to a third person or organization other than the buyer, the seller cannot be held responsible for the refusal of this 3rd party to accept the product.
4.3. For the procurement and delivery processes of the product subject to the contract to begin, the payment must be made upon the signing of this contract. In the event that the price of the product subject to the contract is not paid or is cancelled through various channels after payment, the Seller's obligation to procure and deliver the product will immediately cease, and the contract will be deemed automatically terminated.
4.4. In the event that it becomes impossible to procure and deliver the product subject to the contract, the relevant matter shall be notified to the Buyer in writing, and if the Buyer terminates the contract for this reason, the Seller is obliged to refund all payments received, including shipping costs for the establishment of this contract, to the Buyer within at most 3 business days from the date the termination notice reaches them.
4.5. The responsibility for the product until it is delivered to the buyer or a 3rd person indicated by them belongs to the Seller. However, if the buyer wishes to choose a carrier company other than the one designated by the Seller for the delivery of the product, the Seller is discharged from responsibility upon handing over the product to the relevant carrier company. As soon as the product is delivered to the carrier company determined by the Buyer, the responsibility for the product is deemed to have passed to the Buyer.
5. RIGHT OF WITHDRAWAL;
In accordance with the provisions of the Law on the Protection of Consumers No. 6502 and the Regulation on Distance Contracts:
5.1. In distance contracts related to the sale of goods, the consumer has the right to withdraw from the contract within 14 (fourteen) days from the date of receipt of the goods without any justification and without paying any penalty.
5.2. The withdrawal notice can be made in writing to the address hello@vitruviuspeople.com. Additionally, the buyer can also exercise the right of withdrawal from the contract under the same conditions during the period from the conclusion of the contract until the delivery of the product. The notification regarding the exercise of the right of withdrawal must be in writing, and the burden of proving that this notification has been made rests with the consumer.
5.3. In the event that the Buyer exercises their right of withdrawal, it is mandatory to return the original invoice for the good/service delivered to the 3rd party or the Buyer to the Seller.
5.4. The provisions of the Law No. 6502 and the regulation on distance contracts are applicable in determining the withdrawal period. Accordingly:
For products that are the subject of a single order but delivered separately, the day the consumer or a 3rd party determined by the consumer receives the last good is taken as the basis; for products consisting of multiple pieces, the day the consumer or a 3rd party determined by the consumer receives the last piece is taken as the basis.
5.5. The cases in which the consumer cannot exercise the right of withdrawal are as follows:
Products prepared in line with the consumer's requests or personal needs, products presented in a physical medium if their protective elements such as packaging, tape, seal, and package have been opened after delivery, and products considered as periodicals such as newspapers and magazines, except those provided under a subscription contract.
5.6. In the event that the consumer exercises their right of withdrawal and provides this notice to the seller, the seller is obliged to refund all payments received for the product, including expenses, within 3 business days from the date this notification reaches them in writing.
5.7. Upon the consumer returning the product within the withdrawal period, the consumer will not be held responsible for any changes or deterioration, provided that the product has been used in accordance with its operation, technical specifications, and usage instructions. However, if any damage or defect has occurred in the product due to use contrary to natural use or failure to comply with the usage instructions, the Seller has no obligation for return and exchange.
5.8. If the consumer sends the goods back through the carrier specified by the seller in the preliminary information in order to exercise their right of withdrawal, they shall not be liable to pay any costs related to the return. However, if the goods are sent via a different carrier than the one specified in the preliminary information, the shipping costs shall be borne by the buyer. If no carrier is specified for returns in the preliminary information form, the same carrier as the one used for the delivery of the product shall be deemed to have been chosen. Furthermore, in the event that the said carrier does not have a branch at the buyer's location, no costs shall be claimed from the buyer.
5.9. The consumer is obliged to send the product back to the seller's address specified in Article 1 within at most ten (10) days from the date they notify the seller of their right of withdrawal. For products not sent within this period or sent after this period, the buyer shall be deemed to have waived their return request, and the return request shall not be accepted. Provided, however, that this provision shall not apply if the seller has declared that they will collect the product themselves.
6. COMPLAINT AND RESOLUTION METHOD;
The buyer may communicate any complaints regarding the goods subject to sale to the seller at the seller's address specified above. Complaints received by the seller will be examined by authorized units designated by the seller, and a response will be provided to the buyer within the most reasonable time.
7. FINAL PROVISIONS;
7.1. The consumer must inspect the goods before taking delivery and must not accept defective or damaged goods from the courier company official. The buyer accepts that the product received from the courier is sound and undamaged.
7.2. The seller reserves the right to stop or cancel the order, provided that the buyer is informed, if it is determined that the information regarding the order is incomplete, fake, or incorrect, or if it is determined that the order was made in bad faith and/or for the purpose of commercial gain, or if there is a reasonable suspicion. In case the order is cancelled, the refund of the payment is made by notifying the buyer.
7.3. Due to force majeure circumstances that occur beyond the seller's control, are unforeseeable, and prevent or delay the seller from fulfilling their obligations, product delivery may not be possible within the time period. In such cases, the seller undertakes to inform the buyer. In this situation, the buyer has the right to request from the seller the cancellation of the order, the replacement of the product subject to the order with an equivalent, and/or the postponement of the delivery until the condition preventing delivery within the time period is resolved.
7.4. It is a condition for the delivery of the product subject to the contract that the sales price has been paid using the payment method preferred by the BUYER. If the product price is not paid for any reason or is cancelled in bank records, the SELLER is deemed to be released from the obligation to deliver the product. In the event that the price of the delivered product is not paid to the Seller for any reason, the Buyer is obliged to return this product to the Seller's address specified above within 7 days.
8. AUTHORIZED AND COMPETENT COURT;
All kinds of complaints and objections arising from the implementation of this contract shall be made to the Consumer Issues Arbitration Committee in the place where the Buyer resides or where the goods were purchased, according to the monetary limits determined by the Ministry of Customs and Trade in December of each year. Provided, however, that in cases where Consumer Courts are authorized as a monetary limit, application shall be made to the authorized Consumer Courts.
The Buyer accepts and undertakes that they have read the preliminary information, are informed, and have given the necessary commitment in the electronic environment in accordance with Article 48 of Law No. 6502.
This period can be decided up to 14 days in accordance with the law. In such a case, the Buyer must be notified in writing within 3 days from the date the situation is learned. If performance becomes impossible, it must be notified in writing within 3 days; refunds of payments can be made within 14 days.
All Sellers are obliged to act in accordance with this regulation. Leaving all shipping costs and bank collection fees to the seller in case of withdrawal is a result of this regulation. The law limits the fee refund to 14 days. The 3-day arrangement is in accordance with the law, but extending it up to 14 days will be in favor [of the consumer]. This arrangement is in compliance with the legislation, and it is not possible under the legislation to leave any of these obligations to the consumer. The Law and the Regulation make this arrangement mandatory. If no carrier is foreseen for returns in the preliminary information form, return costs cannot be claimed. (Art. 12.3.2) If a special line or resolution method is created for complaints, it should be specifically included in this section. If it is intended to create a section regarding complaints on the website, information regarding this link will also need to be included. In such a case, the duration and conditions of the refund for advance payments must be written.
DISTANCE SALES CONTRACT
|SIPARIS_TARIHI|
ARTICLE 1- PARTIES
SELLER
Title : Vitruvius İçecek Gıda ve Ticaret Anonim Şirketi
Address : KERVANSARAY MAH. KERVANSARAY CAD. NO:54 İÇ KAPI NO:1 ŞİLE/ İSTANBUL TURKEY
E-mail : hello@vitruviuspeople.com
BUYER INFORMATION
|ALICI_BILGILERI|
ARTICLE 2 - SUBJECT
The subject of this Distance Sales Contract (hereinafter referred to only as the contract) is to determine the rights and obligations of the parties regarding the sale and delivery of the product, the specifications and sales price of which are specified below, sold by the Seller to the Buyer (Consumer), in accordance with the Law on the Protection of Consumers No. 6502, the Regulation on Distance Contracts, and other relevant legal provisions.
ARTICLE 3 - ESTABLISHMENT OF THE CONTRACT
3.1. The Buyer accepts, declares, and undertakes that they have read the entire contract, understood it, and are aware of their rights and obligations.
3.2. The Seller and the Buyer acknowledge that there is no disproportion between the performances agreed upon in the contract, that they are appropriate to the nature of the mutual performances, and that they do not have any lack of experience regarding the transactions covered by the contract.
3.3. The Buyer and the Seller acknowledge that the provisions of the contract do not carry any characteristics that could constitute unfair terms and that there is no clear injustice or disproportion in terms of the balance of interests.
ARTICLE 4 - PRODUCT INFORMATION AND PRICE SUBJECT TO THE CONTRACT
|URUNLER|
ARTICLE 5 - GENERAL PROVISIONS
5.1. The Buyer declares that they have read and been informed about the basic characteristics, sales price, method of payment, and all preliminary information regarding the delivery of the product subject to the Contract mentioned in Article 4, and have provided the necessary confirmation in the electronic environment.
5.2. The product subject to the contract shall be delivered to the Buyer or to a third person or organization indicated by the Buyer within the period explained in the preliminary information, depending on the distance of the Buyer's place of residence for each product, provided that it does not exceed the legal period of 30 (thirty) days. The Seller's failure to comply with this obligation entitles the Buyer to terminate the contract with just cause. In the event of such termination of the contract, the Seller is obliged to refund to the consumer any payment collected from the Buyer upon the conclusion of this contract, including delivery costs, within a maximum of 3 business days from the date on which the termination notice reaches them, by adding the legal interest required by the relevant legislation.
5.3. If the product subject to the contract is to be delivered to a third person or organization other than the Buyer, the Seller cannot be held responsible for the refusal of such third person to take delivery of the product.
5.4. For the procurement and delivery processes of the product subject to the contract to begin, payment must be made upon the signing of this contract. In the event that the price of the product subject to the contract is not paid or is canceled through various channels after payment, the Seller's obligation to supply and deliver the product will immediately cease, and the contract will be deemed automatically terminated.
5.5. In the event that the procurement and delivery of the product subject to the contract becomes impossible, the relevant issue will be notified to the Buyer, and if the Buyer terminates the contract for this reason, the Seller is obliged to refund all payments received, including shipping costs for the establishment of this contract, to the Buyer within a maximum of 3 business days from the date the termination notice reaches them.
5.6. The responsibility for the product remains with the Seller until it is delivered to the Buyer or a third person designated by them. However, if the Buyer wishes to choose a carrier firm other than the one designated by the Seller for the delivery of the product, the Seller is released from liability upon handing over the product to said carrier firm. Upon delivery of the product to the carrier firm chosen by the Buyer, the responsibility for the product is considered to have passed to the Buyer.
5.7. The sale of the product subject to this contract by the Seller is aimed at the end consumer. The Seller may terminate the contract unilaterally and for just cause if the Seller suspects that the Buyer is purchasing the product for the purpose of resale or if there are indications to that effect.
5.8. The Buyer accepts, declares, and undertakes that they cannot return or exchange the product purchased via the internet at stores carrying the Seller's brand.
ARTICLE 6 - RIGHT OF WITHDRAWAL
In accordance with the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts;
6.1. The consumer has the right to withdraw from the contract within 14 (fourteen) days from the date of receipt of the goods in distance contracts for the sale of goods, without giving any reason and without paying any penalty.
6.2. The withdrawal notification can be made in writing to the address hello@vitruviuspeople.com. Additionally, the Buyer may exercise their right to withdraw from the contract under the same conditions during the period from the establishment of the contract to the delivery of the product. The notification regarding the exercise of the right of withdrawal must be in writing, and the proof of such notification lies with the consumer.
6.3. In case the Buyer exercises their right of withdrawal, it is mandatory to return the original invoice related to the goods/services delivered to the third party or the Buyer to the SELLER, and if the invoice is not sent along with the product to the SELLER's address stated in Article 1, VAT and other legal obligations, if any, cannot be refunded to the BUYER. The Buyer shall write "return invoice" on the invoice to be returned with the product they are returning by exercising this right, and sign it.
6.4. The provisions of Law No. 6502 and the Regulation on Distance Contracts shall apply to the determination of the withdrawal period. Accordingly, for products that are subject to a single order and delivered separately, the day the consumer or a third party designated by the consumer receives the last good, and for products consisting of multiple parts, the day the consumer or a third party designated by the consumer receives the last part shall be taken as the basis.
6.5. The cases in which the consumer cannot exercise the right of withdrawal are as follows;
Products prepared in line with the consumer's requests or personal needs, products presented in a physical medium if protective elements such as packaging, tape, seal, or package have been opened after delivery, products considered as periodicals such as newspapers and magazines, except those provided under a subscription contract.
6.6. In the event that the consumer exercises the right of withdrawal and notifies the seller, the seller is obliged to refund all payments received for the product, including expenses, within 3 business days from the date this notification reaches them in writing.
6.7. The consumer shall not be responsible for any changes or deterioration that occur if they use the product in accordance with its operation, technical specifications, and instructions for use while returning the product within the withdrawal period. However, if any damage or defect occurs in the product due to non-natural use or failure to comply with the instructions for use, the Seller has no responsibility for the return and exchange of the product.
6.8. If the consumer sends the goods back through the carrier firm specified by the seller in the preliminary information upon exercising the right of withdrawal, they will not have to pay any costs related to the return. However, if the goods are sent via a company other than the carrier firm specified in the preliminary information, the shipping costs shall be borne by the buyer. If no carrier firm is specified for return in the preliminary information form, the carrier firm chosen for the delivery of the product is deemed to have been chosen again. Furthermore, if the said carrier firm does not have a branch in the location where the buyer is located, no costs can be demanded from the buyer.
6.9. The consumer is obliged to send the product back to the seller within ten (10) days at the latest from the date they exercise their right of withdrawal. For products not sent within this period and products sent after this period, the buyer shall be deemed to have waived their return request, and the return request will not be accepted. However, this provision does not apply if the seller has declared that they will collect the product themselves.
ARTICLE 7 - DEFECTIVE GOODS
7.1. Defective goods are goods that are contrary to the contract at the time of delivery to the consumer because they do not comply with the sample or model agreed upon by the parties or do not possess the characteristics that they should objectively have. Goods that do not contain one or more of the features included in their packaging, label, introductory and user manual, internet portal, or advertisements and announcements; that are contrary to the quality reported by the seller or determined in its technical regulations; or that contain material, legal, or economic deficiencies that do not meet the intended use of equivalent goods and reduce or eliminate the benefits that the consumer reasonably expects, are also considered defective.
7.2. In such a case, the consumer has the rights to withdraw from the contract including a refund, replace the good with its non-defective equivalent, or request a price reduction in proportion to the defect or free repair. The Seller is obliged to fulfill this request preferred by the consumer.
7.3. There is no breach of contract in cases where the consumer is aware of the defect at the time of the conclusion of the contract or is expected to be aware of it. The consumer's elective rights against other defects are reserved.
ARTICLE 8 - FINAL PROVISIONS
8.1. The BUYER declares that they have read the preliminary information regarding the basic qualities, the sales price including all taxes, the payment method, and delivery of the product subject to the Contract, that the delivery costs will be borne by the BUYER, the period within which delivery will be carried out, and the full trade name, physical address, and contact information of the SELLER, on the https://www.vitruviuspeople.com website, that they have obtained accurate and complete information, and that they have provided the necessary confirmation in an electronic environment. The preliminary information form and the sales invoice available on the https://www.vitruviuspeople.com website are annexes and integral parts of this Contract.
8.2. The distance sales contract concluded with you will be stored by the Seller in an electronic environment for 3 (three) years from the date of conclusion of the contract. Once this contract is concluded, the text of the contract will be sent to your e-mail address.
8.3. The SELLER is responsible for delivering the product subject to the Contract in a sound, complete, compliant with the specifications indicated in the order, and together with any warranty documents and user manuals, if any.
8.4. In the event that the BUYER falls into default in the performance of their obligations, the BUYER accepts, declares, and undertakes to pay for any loss incurred by the SELLER, excluding cases where the default arising from late performance is caused by the SELLER's fault.
8.5. The Seller reserves the right to stop or cancel an order, provided that the buyer is notified, if it determines that the information regarding the order is incomplete, fake, or incorrect, or if it is determined that the order was made in bad faith and/or for the purpose of commercial gain, or in the presence of reasonable suspicion. If the order is cancelled, the refund of the payment is made by notifying the buyer.
8.6. Product delivery may not occur within the specified time due to force majeure events that develop beyond the Seller's control, are unforeseeable, and prevent or delay the seller from fulfilling their obligations. In such cases, the seller undertakes to inform the buyer. In this situation, the buyer has the right to demand from the seller that the order be cancelled, the product subject to the order be replaced with its equivalent, and/or the delivery be postponed until the situation preventing the delivery from being made within the time limit is resolved.
8.7. For the delivery of the product subject to the Contract, it is a condition that the sales price has been paid using the payment method preferred by the BUYER. If for any reason the product price is not paid or is cancelled in bank records, the SELLER is deemed to be released from the obligation to deliver the product. In case the price of the delivered product is not paid to the Seller for any reason, the Buyer is obliged to return this product to the Seller's address stated above within 7 days.
9. COMPETENT AND AUTHORIZED COURT;
Any complaints and objections arising from the implementation of this contract shall be made to the Consumer Problems Arbitration Committee in the place where the Buyer resides or where the goods were purchased, in accordance with the monetary value limits determined by the Ministry of Customs and Trade in December of each year. However, in cases where Consumer Courts are competent as the monetary limit, an application shall be made to the competent Consumer Courts. All Sellers are obliged to act in accordance with this regulation. It is a result of this regulation that all cargo costs and bank collection fees are left to the seller in case of withdrawal. The law limits the refund of fees to 14 days. A 3-day arrangement is in accordance with the law, but extending it to 14 days will be in favor [of the consumer]. This regulation is in compliance with the legislation, and it is not possible under the legislation to place any of these obligations on the Consumer. The Law and the Regulation make this arrangement mandatory. If a carrier company is not stipulated for the return in the preliminary information form, return costs cannot be requested. In such a case, the reasonable time and conditions for the refund of the price in advance payments must be written.
