Sales Contract

Distance Sales Contract

This Distance Sales Contract regulates the rights and obligations of the Seller and the Buyer regarding the sale and delivery of the goods and/or services ordered by the Buyer through Cini.com.tr.

Article 1 — Parties

Seller: Aydın Kardeşler Gıda San. Tic. Ltd. Şti. / Cini.com.tr

Address: Mustafa Kemal Paşa Mah. Hoca Ahmet Yesevi Sok. No:15 İznik / Bursa / Türkiye

Phone: +90 224 334 16 36

Email: info@cini.com.tr

Buyer: Customer

Article 2 — Subject of the Contract

This contract concerns the sale and delivery of the goods and/or services ordered electronically by the Buyer through the website www.cini.com.tr. It sets out the rights and obligations of the parties in accordance with the applicable provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, where applicable.

The Buyer declares that they have been informed electronically about the basic characteristics of the goods/services, the sales price, payment method, delivery terms, preliminary information regarding the goods/services and the right of withdrawal, and that they accept this contract by placing the order. The preliminary information and the invoice/payment information displayed on Cini.com.tr form an integral part of this contract.

Article 3 — Date of Contract

This contract is deemed to have been concluded electronically on the date the Buyer confirms the order through the website. A copy of the contract and order information may be sent to the Buyer’s email address.

Article 4 — Delivery of Goods or Services

The goods and/or services subject to this contract shall be delivered to the delivery address specified by the Buyer during the order process.

Article 5 — Delivery Costs and Delivery Process

Delivery costs belong to the Buyer unless otherwise stated on the website. If the Seller states on the website that delivery costs will be covered by the Seller for orders above a certain amount or within the scope of a campaign, the delivery cost shall belong to the Seller.

Delivery is made as soon as possible after stock availability is confirmed and the payment is transferred to the Seller’s account. The Seller shall deliver the goods/services within 30 (thirty) days from the order date and reserves the right to extend this period by an additional 10 (ten) days by written notice.

If, for any reason, the price of the goods/services is not paid or the payment is cancelled in bank records, the Seller shall be deemed released from the delivery obligation.

Article 6 — Cash on Delivery

Cash on delivery is not available for international shipments. If cash on delivery is not offered for any order, this article should be updated accordingly.

Article 7 — Buyer’s Representations and Commitments

The Buyer shall inspect the goods/services before accepting delivery. Crushed, broken, torn-packaged, damaged or defective goods/services should not be received from the cargo company. Goods/services received without a damage report shall be deemed to have been received intact and undamaged.

After delivery, the obligation to protect the goods/services belongs to the Buyer. If the right of withdrawal is to be exercised, the goods/services should not be used and the invoice must be returned.

If the credit card used for the order is used unlawfully by unauthorized persons through no fault of the Buyer, and the relevant bank or financial institution does not pay the price of the goods/services to the Seller, the Buyer is obliged to return the delivered goods/services to the Seller within 3 (three) days. In this case, delivery expenses shall belong to the Buyer.

Article 8 — Seller’s Representations and Commitments

The Seller undertakes to deliver the goods/services subject to the contract in an intact and complete condition, in accordance with the qualifications specified in the order, together with warranty documents and user manuals, if any.

If the goods/services are to be delivered to a person or organization other than the Buyer, the Seller cannot be held responsible if the delivery recipient does not accept delivery.

In the event of withdrawal, the Seller shall refund the price of the goods/services and any documents creating debt within the period specified in the applicable provisions. The goods/services shall be returned within the applicable return period.

For justified reasons, before the performance period expires, the Seller may supply goods/services of equal quality and price by informing the Buyer.

If the Seller believes that performance of the goods/services has become impossible, the Seller shall notify the Buyer before the contractual performance period expires. Defective or damaged goods/services covered by a warranty certificate may be sent to the Seller for necessary repair within the warranty terms; in such cases, delivery expenses shall be borne by the Seller where applicable.

Article 9 — Characteristics of the Goods or Services

The type, quantity, brand/model, color and sales price of the goods/services subject to this contract are as stated on the product promotion page on www.cini.com.tr and in the invoice, which is deemed an integral part of this contract.

Article 10 — Cash Price of the Goods or Services

The cash price of the goods/services is included in the order confirmation email, the sample invoice and the invoice sent to the customer together with the product.

Article 11 — Deferred Price

The deferred price of the goods/services, where applicable, is included in the order confirmation email, the sample invoice and the invoice sent to the customer together with the product.

Article 12 — Interest

The applicable interest rate shall not exceed the rate determined under the applicable laws and regulations of the Republic of Turkey. The Buyer is responsible to the relevant bank under the terms of their agreement with the bank.

Article 13 — Advance Payment Amount

The advance payment amount for the goods/services is included in the order confirmation email, the sample invoice and the invoice sent to the customer together with the product.

Article 14 — Payment Plan

If the Buyer purchases by credit card in installments, the installment option selected on the website shall apply. In installment transactions, the relevant provisions of the agreement between the Buyer and the card-issuing bank are valid. The credit card payment date is determined according to the agreement between the bank and the Buyer. The Buyer may follow the number and amount of installments through the account statement sent by the bank.

Article 15 — Right of Withdrawal

The Buyer may exercise the right of withdrawal within 14 (fourteen) days from the date on which the goods/services subject to the contract are delivered to the Buyer or to the person/entity at the delivery address indicated by the Buyer.

To exercise the right of withdrawal, the Seller’s customer service must be notified by email or phone within the relevant period, and the goods/services must comply with the provisions concerning goods/services for which the right of withdrawal cannot be exercised, as well as the preliminary information published on www.cini.com.tr.

If this right is exercised, the original invoice for the goods/services delivered to the Buyer or the delivery recipient must be returned. If the original invoice is not returned, VAT and other legal obligations, if any, may not be refunded. The delivery cost of the goods/services returned due to withdrawal shall be borne according to the applicable legal and contractual provisions.

Article 16 — Goods and Services for Which the Right of Withdrawal Cannot Be Exercised

The right of withdrawal cannot be exercised for goods/services that cannot be returned due to their nature; goods/services that may deteriorate quickly or expire; disposable goods/services; hygienic goods/services; evening dress products; copied software and programs; all kinds of software and programs; various media such as DVDs and CDs; computer and stationery consumables such as toner, cartridges and ribbons; and cosmetic products whose packaging has been opened, damaged or used.

Article 17 — Default and Legal Consequences

If the Buyer defaults in a transaction made by credit card, the Buyer shall pay interest in accordance with the credit card agreement made with the card-issuing bank and shall be liable to the bank. In this case, the relevant bank may pursue legal remedies and request expenses and attorney fees from the Buyer. In all cases where the Buyer defaults on payment, the Buyer agrees to compensate the Seller for losses and damages arising from delayed performance of the debt.

Article 18 — Competent Court

For disputes arising from this contract, consumer arbitration committees and consumer courts shall have jurisdiction within the monetary limits announced by the relevant authorities. Where consumer courts are not available, the competent civil courts shall have jurisdiction, in accordance with applicable law.

Prepared by  T-Soft E-Commerce.