DISTANT SALES CONTRACT

1. PARTIES AND SCOPE

This Distant Sales Contract ("Contract") has been established electronically between .......... ("BUYER") whose address and information is stated in Article 6 and GOD BLESS THE COW TEKSTİL TASARIM GIDA SANAYİ VE
TİC.LTD.ŞTİ. ("SELLER") whose address and information are stated in Article 5, in accordance with the terms and conditions stated below.

2. DEFINITIONS

In the implementation and interpretation of this Contract, the terms written below will express the written explanations corresponding with them.

3. SCOPE

This Contract has been arranged in accordance with the Code on Protection of Consumers No.6502 and the Regulation on Distance Contracts. The Parties acknowledge and declare that they know and understand their obligations and responsibilities arising from the Code on Protection of Consumers No.6502 and the Regulation on Distance Contracts under this Contract. The subject of this Contract; It is the determination of the rights and obligations of the Parties in accordance with the provisions of the Law on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER has ordered electronically through the website of the SELLER. 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.

4. THE SUBJECTS BUYER HAS BEEN PREVIOUSLY INFORMED

4.1. The BUYER accepts, before the establishment of this Contract by the BUYER with the acceptance on the Website and under the obligation of both the order and the payment, has examined, read, understood and informed all the general-specific statements on the relevant pages-sections of the Website, on the following:

1. a) SELLER's title and contact information and up-to-date introductory information,
2. b) The stages of the sales process during the purchase of the Products from the Website and the appropriate tools and methods for correcting the wrongly entered information,
3. c) Confidentiality applicable to the BUYER information applied by the SELLER, data use-processing and electronic communication rules to the BUYER and the permissions granted by the BUYER to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER and the procedures for using the rights of the parties,
4. d) Delivery restrictions stipulated by the SELLER for the products,
5. e) Payment-tools adopted by the SELLER for subject products, basic feature-qualifications, the total price including taxes (BUYER's total cost will be paid to the SELLER, including related costs),
6. f) Information about the procedures for the delivery of the products to the BUYER and the delivery costs,
7. g) Other payment / collection and delivery information about the products and information regarding the execution of the Contract, and the responsibilities of the Parties in these matters,
8. h) Products and other goods and services that the BUYER does not have the right of withdrawal,

ı) In cases where the BUYER has the right of withdrawal, the conditions, duration and procedure to use this right and the conditions BUYER will lose the right to withdraw,

1. i) In the Products with the right of withdrawal, if the product is damaged or changed due to the usage on the contrary of instructions, ordinary operation or technical specifications within the withdrawal period, the BUYER's withdrawal request may not be accepted and the BUYER will be liable in any case. In cases where SELLER accepts, it can offset an amount it deems appropriate according to the said defect or change from the refund it will make to the BUYER,
2. j) How to return the Products to the SELLER in cases where there is a right of withdrawal is used and all related financial issues (including the return ways, expense and the return of the Product price and the discounts and deductions that can be made for the reward points earned / used by the BUYER during the return)
3. k) Details of the terms of use (special conditions) regarding various opportunities that may be applied from time to time on the BUYER's Website,
4. l) In accordance with the terms, all other sales conditions included in the Contract and since this Contract is approved by the BUYER on the INTERNET SITE and sent to the BUYER by e-mail, it can be stored and accessed by the BUYER for a period of time and the SELLER can keep it for three years.
5. m) In case of disagreement, the BUYER may submit its complaints to the SELLER and make legal applications to District / Provincial Consumer Arbitral Committees and Consumer Courts in accordance with the relevant provisions of Code No. 6502.
6. SELLER INFORMATION

 

6. BUYER INFORMATION

7. ORDERER INFORMATION

8. INVOICE INFORMATION

 

9. PRODUCT/PRODUCTS INFORMATION

9.1. The main features of the product (s) are located on the relevant page where the product is advertised, on the order summary page and below.

9.2. 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.

9.3. The selling price of the contract goods or service, including all taxes, is shown in the table below.

 

 

9.4. Additional costs of shipment regarding delivery for orders of 70 USD and above, other costs such as tax, levy, fee etc. will be covered by SELLER on sales. Additional costs of shipment regarding delivery for orders of below 70 USD on sales will be covered by BUYER. Shipping costs are as follows;

World: 9.5 USD

Australia: 12 USD

9.5. The SELLER will start shipments within 14 (fourteen) days from the date of the order. SELLER may not be able to deliver the subject product within the time limit on occasions of force majeure,  pandemics declared by World Health Organization, war, mobilization, martial law, declarations of curfew or incidents of heavy weather conditions that may affect shipping nationwide or in certain provinces. In this case, the SELLER will make the necessary notifications to the BUYER.

10. GENERAL PROVISIONS

10.1. The BUYER accepts, declares and undertakes that he/she has read the preliminary information about the basic characteristics, sales price and payment method and delivery of the Contractual Product on the Website, and have given the necessary confirmation electronically. The BUYER; confirms following the Preliminary Information given electronically before the establishment of this Contract, information regarding the address, the basic features of the products ordered, the price of the products including taxes, the payment and delivery information, given to the BUYER by the SELLER

10.2. Each product subject to the contract is delivered to BUYER or the person and / or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's designated delivery location, not exceeding the legal period of 30 days. If the SELLER does not fulfill its action within this period, the BUYER may terminate the Contract.

10.3. The SELLER undertakes to; deliver the product subject to the contract in full, in accordance with the specifications specified in the order, and with the information and documents required by its nature including the warranty documents, user manuals, to perform its obligations within the principles of integrity and honesty in accordance with the requirements of the legal legislation without any defects, to protect and increase the service quality, to show the necessary attention and care during the performance of the contract, to act with prudence and foresight.

10.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining its express approval before the contractual performance obligation expires.

10.5. The BUYER accepts, declares and undertakes that he/she will confirm this Contract electronically for the delivery of the contractual Product, and if the contractual product price is not paid for any reason and / or is canceled in the bank or financial institution records, the SELLER's obligation to deliver the contractual product will end. The BUYER acknowledges, declares and undertakes that the SELLER has no responsibility for the payments made to the SELLER by the bank and / or financial institution for which the failed code was sent by the bank and / or financial institution for any reason.

10.6. BUYER, accepts, declares and undertakes that it will return the subject product to the SELLER within 3 days, shipping costs to be borne by the SELLER, if the price of the product subject to the Contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the credit card belonging to the BUYER after the delivery of the Product subject to the Contract to the BUYER or person and / or organization at the address indicated by the BUYER.

10.7. The SELLER accepts, declares and undertakes to inform BUYER if the SELLER cannot deliver the product subject to the Contract within the period due to force majeure such as the occurrence of situations that are not foreseen and preventing and / or delaying the fulfillment of the obligations of the Parties, does.

The BUYER is also entitled to demand from the SELLER to cancel the order, replace the product subject to the contract with precedent, and / or postpone the delivery period until the obstacle is eliminated. In case the order is canceled by the BUYER, in the payments made by the BUYER in cash, the amount of the product will be paid in cash and in lump sum within 14 (fourteen) days. For the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 7 (seven) days after the order is canceled by the BUYER. Since the reflection of the amount on the BUYER accounts after the return of the amount to the bank is entirely related to the Bank transaction process, the BUYER accepts in advance that it will not be possible for the SELLER to intervene and assume responsibility in any way for possible delays.

10.8. The BUYER is responsible for controlling the product at the time of receipt and when it sees a problem arising from the cargo in the product, not accepting the product and taking a statement down with the cargo company official. Otherwise, the SELLER will not accept any liability.

10.9. If the credit card holder and the user engraved during the order is not the same person, or if a security deficit is detected in the credit card used in the order before the product is delivered to the BUYER, the SELLER can demand BUYER to provide the identity and contact information of the credit card holder, the previous month's statement the credit card used in the order or submission of a letter from the cardholder's bank stating that the credit card belongs to the BUYER. The order will be frozen until the BUYER provides the information / documents subject to the request, and if the aforementioned requests are not met within 24 (twenty-four) hours, the SELLER has the right to cancel the order.

10.10. The BUYER declares and undertakes that the personal and other information given while signing up to the website of the SELLER is in accordance with the truth, and that the SELLER will compensate all damages that the SELLER may incur due to the falsehood of such information, immediately, in cash and once upon the first notification of the SELLER.

10.11. The BUYER accepts and undertakes to comply with the provisions of the legal regulations and not to violate them while using the website of the SELLER. Otherwise, all legal and penal obligations that may arise will bind the BUYER completely and exclusively.

10.12. The BUYER may not use the SELLER's website in a way that disrupts public order, violates general morality, disturbs and harasses others, for an illegal purpose, infringing on the material and moral rights of others. In addition, members cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.

10.13. On the website of the SELLER, links may be provided to other websites and / or other content that are not under the control of the SELLER and / or owned and / or operated by other third parties. These links are provided for ease of orientation to the BUYER and do not support any website or the person operating the website and do not constitute any guarantee for the information contained in the linked website.

10.14. The BUYER who violates one or more of the articles listed in this Contract will be legally and criminally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. Also; In the event that the event is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the BUYER for non-compliance with the Contract.

11. SPECIAL CONDITIONS

11.1. The SELLER may organize various campaigns for the BUYER at various times on the Website at its sole discretion, with the conditions to be determined by the SELLER. In so far, the BUYER has the right to return the products purchased for any reason, cancellation, the right of withdrawal, etc. If the conditions of the campaign arranged by the SELLER cannot be met for any reason due to return, the discount amount / benefit used within the scope of the campaign will be canceled and will be deducted from the refund payment to the BUYER.

11.2. If the BUYER is able to benefit from more than one campaign in the same invoice, the campaigns will not be combined and the BUYER will only be able to benefit from one campaign. The BUYER accepts, declares and undertakes that he/she will not claim any rights in such a case.

 

11.3. The SELLER reserves the right to stop, update and change the campaign terms at any time the campaigns announced on the Website. The BUYER is required to examine the terms of the campaign before each shopping made on the Website.

12. PROTECTION OF PERSONAL DATA

12.1 The name / surname, contact information, invoice and payment information of the BUYER will be processed within the scope of the establishment and execution of the contract, in accordance with the Code of Protection of Personal Data No. 6698 (‘KVKK”). Apart from this process, the explicit consent of the BUYER will be sought for the data to be processed for marketing purposes. Detailed procedures for the security and processing of personal data are included in the document titled Privacy and Protection of Personal Data and sub-documents on the Website.

12.2 Within the scope of KVKK, Data Controller is GOD BLESS THE COW TEKSTİL TASARIM GIDA SANAYİ VE
TİC.LTD.ŞTİ. and he accepts to comply with all responsibilities and obligations in the Law.

12.3. The BUYER can use his/her  following rights by applying to the Data Controller within the scope of the Law at any time: to learn whether his / her personal data is being processed, to request information about the processed personal data, to learn the purpose of processing the personal data and whether these data are used for the purpose, to know the third parties to whom their personal data are transferred, to request the correction of the data from the relevant third party if the transfer has been made, to request the deletion, destruction or anonymization of this data in case the reasons requiring the processing of personal data disappear, and if the transfer has been made, to request this request to be forwarded to the transferred third party, to demand a negative result related to processing of data related to the BUYER, and to claim the damages arose by unlawful processing of data  within the legal boundaries.

13. RIGHT OF WITHDRAWAL

13.1. The Buyer can use the right to withdraw in distant contracts related to the sale of goods by refusing the goods for 14 (fourteen) days from the date of delivery to the person / organization at the address indicated, without any legal or criminal liability and without any justification.

In distant contracts for service, this period starts from the date the contract is signed. The notification of the use of the right of withdrawal of the BUYER must be sent by e-mail to the address specified above (info@godblessthecow.com) within this period.

13.2. The process is to be initiated for the return of the product price to the BUYER within 14 (fourteen) days from the date the BUYER's withdrawal notification reaches the SELLER. In case the right of withdrawal is used, the returned products must be sent back with the cargo company that the SELLER has a contract with or will announce to the customers on SELLER`s website. The costs arising from the use of the right of withdrawal belong to the SELLER in case the product (s) are returned with the cargo company contracted by the SELLER. If there is a decrease in the value of the products due to the fault of the BUYER or the return becomes impossible, the BUYER is obliged to compensate the damages of the SELLER at the rate of his/her fault.

13.3. In determining the period of right of withdrawal;

1. a) For goods that are subject to a single order and delivered separately, the day the BUYER or the third party designated by the BUYER receives the last good,
2. b) For goods consisting of more than one piece, day the BUYER or the third party designated by the BUYER receives the last part for goods,
3. c) In contracts where the goods are delivered regularly for a certain period of time, the date on which the BUYER or the third party designated by the BUYER receives the first goods is taken as basis.

13.4. As the situations in which the right of withdrawal cannot be used are specified in the Art. 15 of the Regulation on Distant Contracts, and the BUYER cannot use the right of withdrawal in the following contracts:

1. a) Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller or supplier.
2. b) Contracts for goods prepared in line with the consumer's wishes or personal needs.
3. c) Contracts for the delivery of perishable goods or goods that may be expired.
4. d) Contracts for the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; whose return is not suitable for health and hygiene.
5. e) Contracts for goods that are mixed with other products after delivery and cannot be separated by their nature.
6. f) Contracts for books, digital content and computer consumables that are provided in physical format if the protective elements such as packaging, tape, seal and cover are opened after the delivery of the goods.
7. g) Contracts for the delivery of periodicals such as newspapers and magazines, except those provided under a subscription agreement.
8. h) Contracts to be fulfilled on a specific date or period for accommodation, moving goods, car rental, food and beverage supply and entertainment or recreation regarding the use of leisure time.
9. i) Contracts for services performed instantly in electronic environment or for incorporeal property delivered immediately to consumers.
10. j) Contracts regarding the services started with the approval of the consumer before the right of withdrawal expires.

13.5. Obligation of the BUYER who uses the Right of Withdrawal:

Unless the SELLER makes an offer to take back the goods himself/herself, the BUYER is obliged to return the goods to the SELLER within 10 (ten) days from the date of the notification regarding the right of withdrawal.

 

14. EVIDENCE AGREEMENT AND COMPETENT COURT

14.1 In the implementation of this contract, Consumer Arbitration Committees up to the values specified in Article 68 of the Code, and in general the Consumer Courts in the place of residence of the SELLER are authorized. If the order is approved, the BUYER is deemed to have accepted all the terms of this contract. The SELLER may apply for complaints and objections to the consumer arbitral tribunal or consumer court the place where he / she purchases the goods or services within the monetary limits determined in accordance with Article 68 of the Code. Information on the monetary limit is below. These monetary limits are applied by increasing the valuation rate determined and announced in accordance with the provisions of the repeated Article 298 of the Code of Tax Procedure No. 213 for that year, effective from the beginning of each calendar year.

14.2 In case of dispute, the BUYER will be able to apply to District / Provincial Arbitration Committees and Consumer Courts, in accordance with Article 68 of the Code on Consumer Protection No. 6502 and Article 6 of the Consumer Arbitration Committees Regulation, published in the Official Gazette dated 27.11.2014 and numbered 29188 and amended by the Official Gazette dated 02.05.2020 and numbered 31115.

14.3 Without stipulation of any monetary restriction, may be applied to Consumer Courts regarding disputes that may arise from consumer transactions and consumer-oriented transactions.

15. DEFAULT AND LEGAL RESULTS

The BUYER agrees, declares and undertakes that in case of default in the transactions made by credit card, the cardholder will pay interest within the framework of the credit card agreement made with the bank and be liable to the bank. In this case, the relevant bank may apply for legal remedies; The BUYER accepts, declares and undertakes that if the BUYER goes into default due to the debt, the BUYER will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.

16. ENFORCEMENT

In case the payment for the order placed on the site is made, the BUYER will be deemed to have accepted all the terms of this Contract.

SELLER: GOD BLESS THE COW TEKSTİL TASARIM GIDA SANAYİ VE
TİC.LTD.ŞTİ.

BUYER: -

DATE: -