Distance Sales AgreementARTICLE 1- PARTIES
Title: Ulus Turistik Tesisler ve Yatırım Ticaret Anonim Şirketi (“Sunset Grill&Bar” or the “Seller”)
Address: Kuruçeşme Mah. Yol Sk. No:2 Ulus Park, Ulus, Beşiktaş/İstanbul
MERSİS No: 0889036435200019
Phone/Fax: +90 (212) 287 03 57 - 58
In this agreement the Buyer refers to the person(s) demanding to purchase goods/services from the Seller. The personal information of the Buyer provided while making the reservation request shall be taken as basis (the “Buyer”).
The Buyer and the Seller shall hereinafter be jointly referred to as “the Parties”.
ARTICLE 2 – SUBJECT OF THE AGREEMENT:
The subject of this Distance Sales Agreement (hereinafter referred to as the Agreement) is to set the rights and obligations of the parties pursuant to the provisions of the Consumer Protection Law and the Regulation on Distance Agreements regarding the product with the undermentioned features and sales price.
ARTICLE 3- PRODUCT INFORMATION:
Information on the product subject to this Agreement and the sales price, delivery and mode of payment of the product are as follows:
Product Brand/model: Ürün seçimi yapılmadı
Product Quantity (pieces): 0
Sales Price (VAT-included): 0 TL
Mode of Payment Kredi Kartı
The Party to Pay the Cargo Fee: Seller
ARTICLE 4 - GENERAL PROVISIONS
4.1 The Buyer and the Seller agree, declare and undertake that the Seller is responsible for the descriptions provided in the list page about the product/service subject to the Agreement and for delivering the product/service as intact, complete, in compliance with the features specified in the order and together with any warranty certificates and user's manuals.
4.2 The Buyer agrees and declares that it has read and understood all the information about the product including but not limited to the basic characteristics, sales price, mode of payment, additional payment and delivery information of the products/services included by Sellers in the list page and information regarding the product/service specified in article 3 of this Agreement, before this Agreement and that it has given the necessary confirmation before signing this Agreement.
4.3 The Buyer agrees, declares and undertakes that it has confirmed the preliminary information form regarding the product/service before this Agreement.
4.4 The Parties agree, declare and undertake that in addition to the terms of this Agreement, they agree to the provisions of the Consumer Protection Law and the Regulation on Distance Agreements and that they shall act in compliance with such provisions.
4.5 The Seller and Buyer have read and agreed to all the articles of this Agreement and this Agreement shall enter into force on the date electronically approved by the Buyer.
4.6 The Seller will send the product subject to the Agreement within the period specified in the preliminary information text. The product subject to the Agreement will be sent by the company MNG Cargo.
4.7 The Buyer agrees and declares that the Agreement shall be executed when it approves the Agreement through the electronic system, that a payment obligation shall be incurred and that it shall make a payment under the Agreement.
4.8. The Buyer agrees and declares that its personal data shall be processed by the Seller under the Personal Data Protection Law numbered 6698 and the relevant legislation for the purpose of performing the agreement and that it has been informed in this regard.
ARTICLE 5 - RIGHT OF WITHDRAWAL:
5.1 The Buyer is entitled to withdraw from this Agreement without specifying any reason within 14 (fourteen) days after the product subject to the Agreement is delivered to it or to the person / entity at the address it designates. In order to use the right of withdrawal, the Buyer is required to make a written notification or a notification through the e-mail specified in the agreement, to the Seller/Provider containing its explicit will.
5.2 The Parties agree that the right of withdrawal shall not be used in the following cases pursuant to article 15/1 of the Regulation on Distance Sales Agreements:
5.2.1 Goods or services with a price that varies according to fluctuations in financial markets or that is outside the control of the seller or the provider,
5.2.2 Goods prepared according to the requests or personal needs of the consumer,
5.2.3 Goods that can deteriorate quickly or may expire,
5.2.4 Goods with opened protective items such as packaging, tape, seal or package, which are unsuitable for delivery in terms of health and hygiene,
5.2.5 Goods that have mixed with other products after delivery and that cannot be separated due to their nature,
5.2.6 Books, digital contents and computer consumables provided in physical media if protective items such as packaging, tape, seal or package were opened after the delivery of the goods,
5.2.7 Periodicals such as newspapers and journals other than those provided under a subscription agreement,
5.2.8 Services related to accommodation, furniture moving, car rental, food-beverage supply or recreational services for entertainment or resting, which are required to be performed at a specific date or period,
5.2.9 Services performed instantly in electronic environment or non-material goods delivered instantly to the consumer,
5.2.10 Service that are started upon approval by the consumer, before the expiry of the right of withdrawal.
5.3 If the Buyer uses the right of withdrawal, the Seller is obliged to reimburse the total amount it received and return any certificate that burdens the consumer without charging any expenses to the consumer within no later than 14 (fourteen) days after it receives the withdrawal notification. And the Buyer is obliged to return the goods to the seller or any person it authorizes within ten (10) days it sends the notification for using the right of withdrawal.
5.4 In cases where the Buyer uses the right of withdrawal in accordance with the law, it shall prefer the carrier specified thereto by the Seller for performing the return. The Seller shall claim no return expenses from the Buyer under any name including the cases where no carrier information is provided to the Buyer for the return or the carrier has no branches at its address. The Seller is obliged to receive from the Buyer the product required to be returned without requesting any addition expenses.
5.5 If any goods or services not ordered by the Buyer are provided, the Seller shall not make any claims from the Buyer except for the cases where the product is used or the service is consumed.
ARTICLE - 6 NOTIFICATIONS:
The Buyer shall make its notifications including the withdrawal notification pursuant to article 4, in writing using the aforementioned contact details of the Seller. The Seller shall make all its notifications regarding this agreement to the Buyer’s mobile phone.
ARTICLE – 7 JURISDICTION:
In disputes related to this Agreement, Arbitration Committees for Consumer Problems at the address of the Buyer shall have jurisdiction up to the value announced by the Ministry of Customs and Trade, and Consumer Courts shall have jurisdiction for disputes above the said value.
This agreement has been executed on 8/4/2020
Ulus Turistik Tesisler ve Yatırım Ticaret Anonim Şirketi