Distance Sales Contract

ARTICLE 1 – PARTIES

 

This agreement (“Agreement”) has been concluded electronically by and between the buyer (“Buyer” or “Consumer”) of food and beverage (“Product” or “Products”) through alhallabtr.com (“Website”) and Nish Global Gıda Turizm Ticaret Anonim Şirketi (“Al Hallab” or “Seller”) headquartered in Istanbul (Tel: +90 (212) 224 18 82; E-Mail: info@nishglobal.com) with the central registration system (MERSIS) number of 0631125050200001, and sets forth rights and obligations of the parties along with the order form including relevant specifications, qualities and quantities, sale prices, the method and conditions of payment in accordance with provisions of the Regulation on Distance Agreements (“Regulation”) published in the Official Gazette of 27.11.2014 numbered 29188.

 

This Agreement also includes provisions concerning pre-informing requirement stipulated in Article 5 of the Regulation.

 

ARTICLE 2 SUBJECT

 

The subject of this Agreement is to determine the rights and obligations of the parties in accordance with relevant provisions of the Law on the Protection of Consumers numbered 6502 and the Law on the Regulation of Electronic Commerce numbered 6563 with respect to the sale and delivery of the Product containing food and beverage electronically ordered by the Buyer on the Website available at alhallabtr.com owned by the Seller.

 

ARTICLE 3 PAYMENT OF THE PRICE

 

Depending upon the payment method selected by the Buyer, he/she accepts to pay the amount previously notified to him/her and that delivery of the Product cannot be made otherwise.

 

The Seller shall not apply interest since the payment will be made in cash or by credit card.

 

ARTICLE 4 – GENERAL PROVISIONS

 

4.1. The Buyer agrees that all his/her purchases are intended for personal use and such purchases are not intended for resale.

 

4.2. The Buyer declares that s/he has read and acquired information about relevant specifications, qualities and quantities, sale prices and the method of payment for delivery of the food and beverage covered by the Agreement and that s/he has electronically given the confirmation required. By electronically confirming the Agreement, the Buyer confirms that s/he has acquired complete and correct information about the address, specifications and Turkish Lira price of the ordered products including taxes, payment and delivery details provided by the Seller to the Buyer/Consumer on webpages displayed before the execution of this Agreement.

 

4.3. The Product covered by this Agreement shall be delivered to the Buyer or a person at the same address declared by the Buyer within the period described in the preliminary information section on the Website, depending on how far the Buyer’s address is.

 

4.4. The Seller is responsible for delivering the product covered by the Agreement free of damage and in a complete form in accordance with the qualities mentioned in the order.

 

4.5. If the Seller fails to fulfil its liabilities covered by the Agreement due to the fact that it becomes impossible to deliver the ordered Product, it shall immediately notify the Buyer/Consumer of this situation and refund the total amount paid by the Buyer within 14 (fourteen) days as of such notification.

 

4.6. If price of the Product is not paid or the payment is cancelled as evident from bank records, the Seller shall be deemed released from the obligation to deliver the Product.

 

4.7. In the event that the price of the Product is not paid to the Seller by the relevant bank or financial institution after delivery of the Product without the Buyer’s default for the reason that the Buyer’s credit card has been illegally or unfairly used by unauthorized persons, the Buyer is nevertheless obliged to immediately pay the price of the Product to the Seller upon the Seller’s request.

 

4.8. If the Seller fails to deliver the Product covered by this Agreement due to force majeure including but not limited to fire, flood, landslide, epidemics, state of war and terrorist acts, extensive violence or any extraordinary conditions, including adverse weather, interruption of Transport that will hinder such delivery, the Seller is obliged to notify the Buyer of this situation. Under such circumstances, the Buyer will be entitled to either cancel the order or delay the delivery until such conditions hindering the delivery are eliminated. In case of cancellation of the order by the Buyer, the total cost paid by the Buyer shall be refunded in full and cash to the Buyer within 14 (fourteen) days. In the case of a payment by credit card, the price of the Product shall be refunded to the relevant bank within 7 days as from cancellation of the order by the Buyer. Since completion of refunding the amount to the Buyer’s account after the Seller’s money transfer is completely related to relevant the bank’s transaction process, the Buyer agrees in advance that the Seller cannot interfere in the process in the case of possible delays and that it may take 2-3 weeks for the bank to reflect the amount refunded by the Seller in the Buyer’s account.

 

4.9. The Buyer accepts that he/she is obliged to pay the price previously declared to him/her at delivery of the Product and that the Product may not be delivered to him/her otherwise.

 

4.10. The Products under this Agreement, the price of Products and delivery fees have been declared to the Buyer in the order confirmation page. In the event that there is a mistake in calculation of the price, the Seller may correct such mistake and deliver the Products. Furthermore, the Seller may cancel the order by declaring the same to the Buyer and refund the amount to the Seller, however the Seller is entitled to the delivery fee in any case. Additionally, in the case that the Buyer cancels the order and places a new order, the Seller may request an additional delivery fee.

 

ARTICLE 5 – DELIVERY REGIONS AND MINIMUM ORDER AMOUNT

 

With respect to order and delivery of the Product, the Seller does not adopt a policy of minimum order amount in Nisantasi, Besiktas, Sisli, Taksim, Mecidiyekoy, Ortakoy and Karakoy regions. The Seller applies a minimum order amount of TL 500 in Etiler, Istinye Park, Zorlu Center, Levent, Vadi Istanbul and Maslak regions. Furthermore, the Seller requests for a delivery fee of TL 15 in all these regions.

 

In the event that the Buyer places an order falling outside of these rules, the Seller may not accept the order by informing the Buyer of the same and may refund the amount to the relevant bank account if any payment has been made. With respect to refund process, the Buyer agrees in advance that the Seller cannot interfere in the process in the case of possible delays and that it may take 2-3 weeks for the bank to reflect the amount refunded by the Seller in the Buyer’s account.

 

ARTICLE 6 – NO RIGHT TO WITHDRAWAL

 

As the Products ordered within the scope of this Agreement are perishable in nature, the Buyer has no right to withdrawal in accordance with Article 15(c) of the Regulation.

 

ARTICLE 7 – JURISDICTION

 

During the performance of this Agreement, Arbitration Committees for Consumer Problems and Consumer Courts located at the place of residence of the Buyer or the Seller or where the Buyer has purchased the Products shall have jurisdiction over disputes subject to the monetary thresholds declared by the Ministry of Commerce.

 

ARTICLE 8 – PRE-INFORMATION NOTICE AND EXECUTION OF THE AGREEMENT

 

For the delivery of the Products, it is obligatory to confirm this online Agreement including the pre-information notice and the price of the Products should have been paid through the method preferred by the Buyer. In this respect, the Buyer acknowledges, declares and undertakes that he/she has read this Agreement including the matters of pre-information notice and acquired knowledge on the same, and has accepted this Agreement electronically.

 

ARTICLE 9 – LANGUAGE

 

The English version of this Agreement is drawn up only for information purposes. The Buyer is deemed to execute the Turkish version of the Agreement. If there is any discrepancy between the English and Turkish version, Turkish version shall prevail.