Acerca de
Distance Sales Contract
ARTICLE 1 – SUBJECT OF THE CONTRACT AND THE PARTIES
1.1. This contract is the www.bagbozumu.net of the BUYER operated by the SELLER with the detailed information below; (hereinafter referred to as WEBSITE) determines the rights, laws and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on the Principles and Procedures for the Implementation of Distance Contracts in relation to the sale of products and services made through the website and the delivery of products.
1.2. The BUYER accepts and declares in accordance with the provisions of this contract that he/she has information about the basic characteristics of the goods or services subject to sale, the sales price, the payment method, the delivery conditions and all the preliminary information about the goods or services subject to sale and the right of "withdrawal", confirms this preliminary information electronically and then orders the goods or services. The preliminary information and invoice on the payment page on the www.localmakers.com.tr site are integral parts of this contract.
1.3. SELLER INFORMATION
Teşvikiye, Nişantaşı Ihlamur Yolu Sk. No:10/A, 34360 Şişli/İstanbulTitle : Haha Kafe- HAHA TURIZM GIDA VE TICARET LTD
Phone :(+90) 5423874877
Email : smile@hahakafe.com
​
1.4. BUYER INFORMATION
Name Surname / Title : [invoice-username] – [username]
T.C Identity Number : [tc-no]
Address : [invoice-address]
Phone : [phone-no]
Email: [email-address]
ARTICLE 2 – DATE OF THE CONTRACT
2.1. This contract was concluded by the parties on the [date] of the completion of the order on the BUYER's WEBSITE and a copy of the contract was sent to the BUYER e-mail address.
ARTICLE 3 – PRODUCTS AND SERVICES SUBJECT TO THE CONTRACT
3.1. Details of the products and services ordered by the BUYER, advance sales amounts including taxes and quantity information are stated below. All of the products mentioned in the table below are hereinafter defined as PRODUCTS.
Order Content and Total :[cart-hold]
Order Date : [date]
ARTICLE 4 – DELIVERY OF PRODUCTS
4.1. The PRODUCT will be delivered to the BUYER by HAHA KAFE by post, in cases of necessity, this period may change provided that the BUYER is notified in writing to the e-mail address.
ARTICLE 5 – METHOD OF PAYMENT
5.1. The BUYER accepts, declares and undertakes that since the term sales are made only with the credit cards belonging to the Banks, the buyer will confirm the relevant interest rates and the information about the default interest separately from the Bank, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the buyer in accordance with the provisions of the legislation in force. Term / installment payment facilities provided by credit cards, installment cards .b etc. issuers such as banks and financing institutions are a credit and/or installment payment facility provided directly by the said institution; PRODUCT sales realized within this framework and for which the SELLER fully collects the price are not considered as installment sales for the parties to this Agreement, they are cash sales. The SELLER has legal rights in cases that are legally considered as sales in installments (including the right to terminate the contract in case of non-payment of any of the installments and/or to demand that the remaining debt be paid in full with the default interest) exists and is reserved. In case of default by the BUYER, a default interest of 5% per month is applied.
ARTICLE 6 – GENERAL PROVISIONS
6.1. The BUYER accepts that he has read and informed the basic characteristics of the products shown on the WEBSITE, the sales price and payment method, and the preliminary information about the delivery and that he has given the necessary confirmation for the sale in electronic environment.
6.2. BUYER; By confirming this contract electronically, it confirms that it has obtained the address to be given to the Consumer by the Seller before the conclusion of distance contracts, the basic features of the ordered products, the price of the products including taxes, payment and delivery information correctly and completely.
6.3. The SELLER is responsible for the delivery of the product subject to the contract in a sound, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
6.4. The SELLER may supply a different product of equal quality and price to the BUYER before the expiry of the performance obligation arising from the contract.
6.5. If the SELLER fails to fulfill the obligations subject to the contract in the event that the fulfillment of the product or service subject to the order becomes impossible, he / she notifies the consumer before the expiry of the performance obligation arising from the contract and may supply a different product of equal quality and price to the BUYER.
6.6. In order to deliver the product subject to the contract, the signed copy of this contract must be delivered to the SELLER and the price must be paid by the payment method preferred by the BUYER. If the product price is not paid for any reason or is canceled in the bank records, the SELLER is deemed to be relieved from the obligation to deliver the product.
6.7. If, for any reason after the delivery of the PRODUCT, the Bank/financing institution to which the credit card belongs does not pay the PRODUCT price to the SELLER, the PRODUCT shall be returned to the SELLER by the BUYER within 3 days at the latest at the latest at the expense of the BUYER. All other contractual and legal rights, including the follow-up of the SELLER to receive the PRODUCT price, are also reserved and in any case.
6.8. If the PRODUCT cannot be delivered between 10.08.2022 and 16.08.2022 due to extraordinary circumstances (such as weather opposition, earthquake, flood, fire) other than normal sales conditions and the delay exceeds 10 days, the SELLER informs the BUYER about the delivery. In this case, the BUYER can cancel the order, order a similar product or wait until the end of the extraordinary situation. If the PRODUCT price is collected in case of order cancellations, it is returned to the BUYER within 10 days from the cancellation. In credit card payments, the refund process is made by returning to the BUYER's credit card.
​
ARTICLE 7 – RIGHT OF WITHDRAWAL
7.1. The SELLER undertakes to take back the goods as of the date of receipt of the goods or services without any legal and criminal responsibility and without any justification, refusing the goods or services within seven days from the date of receipt of the goods or signing of the contract and that the BUYER has the right to withdraw from the contract and from the date of receipt of the withdrawal notice to the SELLER or the product provider.
7.2. In order to exercise the right of withdrawal, written notification must be given to the SELLER within this period. If this right is used, it is obligatory to return the original invoice with the sample of the cargo delivery report that the PRODUCT delivered to the 3rd person or the BUYER is sent to the SELLER. Within 10 days following the receipt of these documents, the PRODUCT price is returned to the BUYER. In credit card payments, the refund process is made by returning to the BUYER's credit card.
7.3. If the original invoice is not sent in accordance with the tax legislation, VAT and other legal obligations, if any, cannot be refunded. The shipping cost of the returned product is covered by the BUYER.
7.4. In the case of a PRODUCT that is produced in accordance with the special requests and demands of the BUYER or made personal by making changes or additions on it or which cannot be returned due to its nature, which is likely to deteriorate rapidly or expire, the BUYER cannot use the right of withdrawal.
ARTICLE 8 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
8.1. Products that cannot be used for the right of withdrawal since the service is sold are personal care products.
ARTICLE 9 – AGREEMENT OF EVIDENCE AND JURISDICTION OF THE COURT
9.1. In resolving any dispute that may arise from this Agreement and/or its implementation, the records of the SELLER (including records on magnetic media such as computer-voice recordings) constitute conclusive evidence; Consumer Arbitration Committees up to the value announced by the Ministry of Industry and Trade, and in cases exceeding it, the Consumer Courts and Enforcement Directorates in the place of residence of the BUYER and the SELLER are authorized.
9.2. The BUYER declares, accepts and undertakes that he has read all the conditions and explanations written in this Agreement and the order form that forms an integral part of it, that he has received, examined and accepted all the conditions of sale and all other preliminary information.