DISTANT SALES AGREEMENT
Article 1 - Parties
1.1. SELLER
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Title: Altınbaşak Mutfak Eşyaları San. ve Tic. Ltd. Şti. - (abmcookware.com)
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Address: Yenidoğan Mah. Rami Kışla Cad. Erka Balata Sok. No: 13/1 Bayrampaşa İstanbul 34030 Türkiye
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Phone: +90 212 612 10 02
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E-mail: [email protected]
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MERSIS No: 0061009461000029
1.2. BUYER
The Buyer is the real person or legal entity who places a product order via the website www.abmcookware.com—which is protected by SSL encryption on the electronic environment—and who confirms the accuracy of the identity and contact information declared while placing the order.
Article 2 - Subject
The subject of this Agreement is to determine the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distant Contracts, regarding the sale and delivery of the product ordered by the BUYER electronically from the website www.abmcookware.com belonging to the SELLER, the specifications and sales price of which are specified in the order details and invoice.
Article 3 - Contract Product and Payment Information
3.1. Product Information
The type, quantity, brand/model, color, and sales price of the products are as specified on the product information cards on the website www.abmcookware.com, in the shopping cart, and on the invoice sent to the BUYER.
3.2. Payment Method
As specified on the front page of the invoice and in the order summary. (Credit Card / Debit Card / Wire Transfer or EFT)
3.3. Interest and Default
Since forward/installment sales are made via credit cards belonging to banks, the BUYER accepts, declares, and undertakes that they shall confirm the relevant interest rates and default interest details separately from their 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 legislation in force.
3.4. Return Procedure to Credit Card
In cases where the BUYER exercises their right of withdrawal, or if the product subject to the order cannot be supplied for various reasons, or in cases where a refund is ruled by Consumer Arbitration Committee/Court decisions, if the shopping was made via credit card and in installments:
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The bank may reflect the refund to the customer in installments. This situation is entirely at the bank's own internal procedures and discretion.
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In case of return of goods and services purchased by card, the SELLER cannot pay cash to the BUYER in accordance with the contract made with the bank; the refund is executed in a single transaction through the bank system.
3.5. Delivery Method and Duration
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Delivery and Invoice Address: The address specified by the BUYER in the order form.
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Delivery Period: In accordance with the legislation, the maximum delivery period is 30 days.
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Shipping Fee: Calculated during dispatch and paid by the BUYER unless otherwise stated (excluding free shipping campaigns).
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Delivery Status: Delivery will be made by hand at the BUYER’s address through the SELLER's contracted cargo company (MNG Kargo). Even if the BUYER is not present at the address at the time of delivery, the SELLER shall be deemed to have fulfilled its obligation fully and completely. Therefore, any damages resulting from the late delivery of the product by the BUYER and extra expenses incurred due to the return of the cargo to the SELLER shall belong to the BUYER.
Article 4 - General Provisions
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4.1. The BUYER declares that they have read the preliminary information on the website www.abmcookware.com regarding the basic characteristics, sales price, payment method, and delivery of the product subject to the contract, and have given the necessary confirmation in the electronic environment.
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4.2. The SELLER is responsible for delivering the contract product sound, complete, in accordance with the specifications specified in the order, and with warranty documents and user manuals, if any.
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4.3. For the delivery of the contract product, it is a prerequisite that the product price has been paid by the BUYER's preferred payment method. If, for any reason, the product price is not paid or is canceled in the bank records, the SELLER shall be deemed to be released from the obligation to deliver the product.
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4.4. The BUYER is obliged to check the product in the presence of the cargo officer upon receipt. In case of breakage, crushing, or damage caused by cargo, the BUYER must not accept the product and must have a "Damage Assessment Report" (Hasar Tespit Tutanağı) issued by the cargo representative. Responsibility for damaged products received without a report belongs entirely to the BUYER.
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4.5. If the relevant bank fails to pay the product price to the SELLER due to the unfair or unlawful use of the credit card belonging to the BUYER by unauthorized persons after the delivery of the product, the BUYER is obliged to return the product delivered to them to the SELLER within 3 days. In this case, the shipping costs shall be borne by the BUYER.
Article 5 - Right of Withdrawal
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5.1. The BUYER has the right to withdraw from the contract within 14 (fourteen) days from the delivery of the contract product to themselves or to the person/organization at the indicated address, without showing any justification and without paying any penal clause.
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5.2. In accordance with the customer satisfaction policy of our website, this return period is applied as 30 (thirty) days for unopened, unused, and undamaged kitchen/cookware products in their original packaging.
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5.3. In order to exercise the right of withdrawal, written notification must be sent to [email protected] within this period or an online request must be opened from the "My Account > My Return Requests" section on the website.
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5.4. The product price shall be refunded to the BUYER within 14 days from the date the consumer's withdrawal notification and the returned product reach the SELLER.
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5.5. Within the scope of the right of withdrawal, if the product is sent to the return address via the SELLER's contracted courier (MNG Kargo), the return shipping cost belongs to the SELLER. If the BUYER makes the shipment with another cargo company, the shipping fee shall be covered by the BUYER.
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5.6. In order to process the return, the original invoice must be included inside the package along with the product.
Article 6 - Products for Which the Right of Withdrawal Cannot Be Exercised
In accordance with the legislation and hygiene/health criteria; goods whose protective elements such as packaging, tape, seal, packet have been opened after delivery, and whose return is not suitable for health and hygiene (used pans, pots, and kitchen equipment, etc.), and goods produced specially in line with the BUYER's requests or clearly personal needs, cannot be returned. In order to exercise the right of withdrawal, the products must be unused and free from user-induced damage.
Article 7 - Force Majeure and Provisions on Default
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7.1. In cases where the fulfillment of the goods or services subject to the order becomes impossible (supply impossibility, etc.), the SELLER undertakes to notify the BUYER of this situation before the expiration of the performance obligation arising from the contract and to refund the paid price within 14 days.
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7.2. If the product cannot be delivered within the period due to force majeure (adverse weather conditions, interruption of transportation, fire, earthquake, flood, and similar natural disasters) that may prevent the SELLER from fulfilling its obligations; the BUYER may exercise one of the rights to cancel the order or postpone the delivery period until the blocking situation disappears. If the BUYER cancels the order, the amount paid will be refunded within 14 days.
Article 8 - Cash on Delivery (COD) Provisions
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8.1. Membership Requirement: In order to place an order with the cash on delivery option, it is mandatory to be a member of the abmcookware.com website and to fill out the membership information completely.
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8.2. Payment Method: In cash on delivery shipments, payment is made at the time of delivery to the courier of the cargo company as Cash or Credit Card (Single Payment) in line with the facilities provided by the cargo company. There is no installment option for cash on delivery.
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8.3. Approval Process: For security and verification purposes, a confirmation may be obtained from the BUYER via phone or SMS before dispatching orders placed with cash on delivery. The accuracy of the contact information is the BUYER's responsibility. Unconfirmed orders may be canceled.
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8.4. Identity Presentation: The cargo official has the legal right to request identity presentation (ID Card / Driver's License) before delivering the product in cash on delivery shipments.
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8.5. Bad Faith Orders: In orders that are dispatched upon confirmation with the cash on delivery option but are not received and returned to the SELLER without a justified reason (damage, defective product, etc.), the SELLER reserves the right to claim and collect damages arising from shipping and logistics costs.
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8.6. Age Limit: It is required to be over 18 years old to shop via abmcookware.com. If the order owner is not of legal age, the responsibility belongs to their parent or legal guardian.
Article 9 - Validity
This agreement enters into force from the moment the BUYER approves the order and completes the payment on the website. By approving the order, the BUYER is deemed to have accepted all the terms of this agreement.
Article 10 - Authorized Court
In the implementation of this agreement and in disputes that may arise, Consumer Arbitration Committees and Consumer Courts are authorized up to the monetary limits declared annually by the Ministry of Trade, located at the place where the BUYER purchased the goods or services or where their residence is located.