DISTANCE SALES AGREEMENT
This Distance Sales Contract will be signed with the BUYER, who has placed an order as a member on the Website, “ Vişnezade Mah. Süleyman Seba Cad. No: 42 Beşiktaş / İstanbul ”between “ Met İşletmecilik Gıda Organizasyon Sanayi ve Ticaret Limited Şirketi ” ( referred to as“ BJUICE ” ) in the electronic environment within the framework of the terms and conditions stated below.
1- PARTIES
SELLER:
Title: Met İşletmecilik Food Organization Industry and Trade Limited
Company Address: Vişnezade Mah. Süleyman Seba Cad. No: 42 Beşiktaş / İstanbul
Phone: +90 (539) 434 80 30
Email: bjuiceistanbul@gmail.com
MERSIS NO: 0619-0914-6820-0001 Registration Number: 156743-5
(Hereinafter referred to as Vendor or B-Juice)
CUSTOMER:
Name and surname :
Phone number :
Email :
(Hereinafter referred to as Customer, Consumer or Buyer.)
Seller and Customer will be referred to as Parties separately and together as Parties.
2- DEFINITIONS
In the implementation and interpretation of this contract, the terms written below will refer to the written explanations opposite.
Minister: Minister of Trade,
Ministry: Ministry of Trade,
Law: Law on Consumer Protection,
Regulation: The Distance Sales Regulation,
Service: The subject of any consumer transaction other than providing goods that are made or committed to be made in return for a fee or benefit,
Seller: A real or legal person who offers goods to the consumer for commercial or professional purposes, including public legal entities, or acts on behalf or account of the supplier,
Website: SELLER's website named "www.bjuice.shop",
Orderer: A real person who requests a good or service through the website of the SELLER named "www.bjuice.shop",
Buyer / Consumer: Real or legal person who acquires, uses or makes use of a good or service for commercial or non-professional purposes,
Parties: SELLER and BUYER together,
Contract: This Contract concluded between the SELLER and the BUYER,
Product (s): Food, beverage and similar products in the menu to be prepared by B-Juice and presented to the BUYER.
3- SUBJECT
The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No.6502 on the Protection of the Consumer regarding the sale and delivery of the products / products whose qualifications and sales price are specified below, which the Customer has ordered electronically on the website.
The prices listed and announced on the site are the sales price. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period. B-Juice will always be able to update their menu prices.
Contractual products
The Type and Type of the Products, the Amount, the Name of the Menu in the Menu, and the Sales Price and Delivery Information are as follows.
Piece
Explanation
Subtotal
VAT Included Price
Total Price Including VAT: ……………………. TL
Delivery Information: ……………………………………………….
4- GENERAL PROVISIONS
4.1. The customer declares that the transactions made when making payments and / or placing orders for the product or service purchased from B-Juice are legally binding; it is not unlike an order placed in the normal way; It accepts, declares and undertakes that it understands that the preparation of the product for order cancellation has not been processed yet.
4.2. The customer understands that this contract is subject to the Law on Consumer Protection dated 7/11/2013 and numbered 6502 and the Distance Contracts Regulation (Regulation) published in the Official Gazette dated 27.11.2014 and numbered 29188, and the products offered by B-Juice in this context. As it is included in the food and beverage category, the work accepts, declares and undertakes that it understands that this contract is "contracts for the delivery of goods that may be spoiled or expired" within the scope of article 15/1-c of the Regulation, and that it has no right of withdrawal and that it may not be used.
4.1. The customer declares that the transactions made when making payments and / or placing orders for the product or service purchased from B-Juice are legally binding; it is not unlike an order placed in the normal way; It accepts, declares and undertakes that it understands that the preparation of the product for order cancellation has not been processed yet.
4.2. The customer understands that this contract is subject to the Law on Consumer Protection dated 7/11/2013 and numbered 6502 and the Distance Contracts Regulation (Regulation) published in the Official Gazette dated 27.11.2014 and numbered 29188, and the products offered by B-Juice in this context. As it is included in the food and beverage category, the work accepts, declares and undertakes that it understands that this contract is "contracts for the delivery of goods that may be spoiled or expired" within the scope of article 15/1-c of the Regulation, and that it has no right of withdrawal and that it may not be used.
4.3. The product ordered by the customer may be presented differently from the photos in the menu. Although B-Juice is committed to the quality of its products, it will be able to make all kinds of changes in presentations.
4.4. The products featured on the site are limited in stocks. B-Juice does not have any responsibility for the supply of products that are out of stock. In the event that the stocks of the products are exhausted and it is understood that they cannot be obtained within a reasonable time, B-Juice is freed from all responsibilities by making a refund by notifying the Buyer.
4.5. The Customer understands that he / she has been informed about the basic characteristics of the contractual product, the sales price including all taxes and the payment method, that he / she accepts these and that the costs of the product will be covered by him / her, that he / she can use the right of cancellation and change until the products are started to be prepared by B-Juice; It accepts and declares that it has read the preliminary information about the business, the period of delivery and the full trade name, full address, mernis and registration number information and contact information of the Seller and gives the necessary confirmation electronically.
4.6. Customer; By confirming this Agreement electronically, it confirms that, before the conclusion of the distance contracts, the address to be given to the Customer by the Seller, the basic features of the products ordered, the price of the products including taxes, payment and delivery information are also correct and complete.
4.7. B-Juice can always make content and price changes on the menu, as well as in cases where the materials and equipment required for the preparation of the products in the menu are not available / cannot be used, it will not be able to offer the products in the menu, and may request the Customer to select a substitute product. The products offered on the menu are limited in stocks.
4.8. If the relevant bank or financial institution fails to pay the price of the product to B-Juice after the delivery of the product due to the customer's credit card being used unfairly or unlawfully by unauthorized persons regardless of the Customer's fault and degree of defect, the Customer will be able to repeat it within 24 hours. payment will be made.
4.9. B-Juice is obliged to notify the Customer of this situation if it cannot deliver the product subject to the contract within the period due to force majeure. In this case, the Customer may use one of the rights to cancel the order, to replace the product subject to the contract with a precedent, and / or to postpone the delivery until the situation that prevents the delivery period is eliminated. In case the customer cancels the order, the amount paid will be returned to the relevant bank within 10 days with the same payment method. Since the reflection of this amount to the Customer accounts after the return of this amount to the bank is entirely related to the bank transaction process, the Customer will not be able to intervene in any way for possible delays and the amount returned to the credit card by the Seller will be reflected to the Customer account by the bank on average 2 to 3. He already admits that he can find the week.
4.10. The customer's personal information can only be disclosed to the official authorities if such information is requested by the official authorities and in cases where it is obliged to make a statement to the authorities in accordance with the provisions of the mandatory legislation in force.
4.11. In the event that the product prices are written well below the market price, which would be understood by the average person to be a clear error, all orders placed according to this incorrect price have the right to be canceled by the Seller. The customer agrees and declares that in such a case, he will not make any claims or claims due to a clear error.
5- COMPLEMENTARY PROVISIONS
5.1. Force Majeure
B-Juice will not be held responsible for late or incomplete performance or non-performance of any of the actions specified in this contract in all cases that are legally considered force majeure, especially in epidemic and terrorist activities. Force majeure term; Reasonable control of the relevant party, including but not limited to natural disasters, riots, wars, strikes, communication problems, infrastructure and internet failures, system-related improvement or renewal works and failures that may occur due to this, power outage and bad weather conditions and the unavoidable events that BJuice could not prevent despite due diligence.
5.2.
In case of disputes that may arise from this contract, the parties are responsible for B-Juice's books and records, computer records, electronic and system records kept in the database and servers, commercial records, fax messages, instant messaging applications correspondence, e-mails, social media correspondence, It accepts, declares and undertakes that it will constitute binding, conclusive and exclusive evidence and that these are in the nature of a conclusive evidence agreement.
5.3.Applicable Law and Authority
In the event that there is an element of foreignness in the implementation, interpretation of this contract and in the management of legal relations arising within the scope of this contract, Turkish Law will be applied, excluding the rules of Turkish conflict of laws. Istanbul (Central) Courts and Enforcement Offices are authorized in the settlement of any dispute arising or likely to arise due to this contract.
5.4. Notifications
B-Juice will be able to communicate with the Customer physically or through the e-mail address provided by the Customer while registering on the System or by making a call and sending an SMS to the phone number. The user is obliged to keep their e-mail address and phone number up-to-date.
5.5. No Right of Withdrawal
The Customer accepts, declares and undertakes that this contract has the quality of "contracts for the delivery of goods that may be quickly deteriorated or whose expiration date may pass" within the scope of Article 15/1-c of the Regulation, and that he understands that he does not have the right of withdrawal.
5.6 Divisibility
If any provision of this Agreement becomes invalid or unenforceable in whole or in part, in the event of such invalidity or inapplicability, the other provisions of this Agreement will remain in full force and effect. This Agreement consists of 5 (five) main articles and has been approved by the User electronically and entered into force as of the moment of its approval.