DISTANCE SALES AGREEMENT​
1.1. SELLER:Title: Rolla Restaurant Food and Beverage Services Food Marketing Business Industry and Trade Limited Company
Address: Kosuyolu Mah. Kosuyolu Cad. No: 106/1-A Kadikoy Istanbul
Website: www.rollaistanbul.com
E-mail : selcuk.avan@rollaistanbul.com
Phone. No: 0216-339 99 39
Trade Registry No: 2402 - 5
MERSIS No: 0735087216800018
1.2. BUYER: Name and surname :
Telephone:
Address :
Email:
IP Address:
2. PRODUCTS SUBJECT TO ORDER
https://www.rollaistanbul.com/online-siparis
3. SUBJECT OF THE AGREEMENT
3.1. The subject of this Distance Sales Agreement (hereinafter referred to as the 'Agreement') is the Buyer's website, which belongs to the Seller, https://www.rollaistanbul.com/online-siparis domain (hereinafter briefly 'Website'). ').
3.2. The provisions of this Agreement are subject to the General Provisions of the Turkish Commercial Code No. 6102 and the Code of Obligations No. 6098, since the Parties are merchants within the scope specified in the Turkish Commercial Code No. 6102 and the work subject to the Contract is considered "commercial work" even if the Parties are not merchants. The Law No. 6502 on the Protection of the Consumer and the relevant secondary legislation are not applied to the contracted business. In this context, since the definition of 'consumer' in the sense of the provisions of the Law on the Protection of the Consumer is not valid for the Buyers, the Buyers do not have the right to benefit from the rights and powers, especially the right of withdrawal, which are granted to the consumers in accordance with the specified legislation.
3.3. The buyer shall be informed about the basic characteristics of the product subject to the above-mentioned sale, the sales price, number, payment method, delivery conditions and all the information about the product subject to the sale, as well as the cancellation and return conditions, and that he/she confirms this information electronically, and then confirms the product. accepts and declares that he/she has purchased by placing an order.
3.4. The pre-information form and proforma invoice on the payment page of the website, as well as the Terms of Use and Privacy Statement, are annexes and inseparable parts of this Agreement.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The seller is obliged to deliver in full after the payment is made in full.
4.2. The Buyer is obliged to report all information requested from him, such as name, surname, company title, e-mail address, telephone, address, billing information, in accordance with the law, in an up-to-date, correct and complete manner, while subscribing to the Website and/or ordering.
5. PROVISIONS REGARDING THE ORDER(S)
5.1. The parties to this Agreement are the Buyer and the Seller. In this context, all obligations and responsibilities regarding the performance of this Agreement belong to the parties of the Agreement.
5.2. The Buyer has to enter the information requested on the Website in order to order the products offered on the website https://www.rollaistanbul.com/online-siparis domain. If the Buyer places an order without being a member, the Buyer approves the Terms of Use, Privacy Policy and other necessary documents and becomes a member of the Website at the end of the order. The buyer can terminate his membership at any time and also without giving any reason.
5.3. For the products the buyer wishes to order; You can place your order by ticking the relevant options.
5.4. The buyer accepts in advance that the return conditions will change depending on whether the products he has ordered are ready-made, personal or corporate-specific. In this context, the Buyer accepts in advance that he/she does not have the right to return the products if the products are specially prepared for him, regardless of legal or real person.
5.5. After the Buyer determines his order, the Buyer's approval regarding the suitability of the order will be obtained through electronic communication, and the Buyer's order will be prepared after the approval is received via the e-mail he entered while placing the order or via the confirmation button on the website.
5.6. After the buyer completes the purchase, order's confirmation status will be emailed to him/her.
5.7. The buyer In order to prepare the products offered on the Internet Site, he has to read the options presented to him and, if necessary, choose from the options presented to him. The buyer is responsible for the errors declared and chosen while choosing the product, and for the preparation of the product according to his own demand, as he chooses from the Internet Site.
5.8. After the buyer chooses the product with all its qualities and completes his preferences, the purchase is completed with the payment.
5.9. After the Buyer approves the order, the products subject to the order are delivered to the Buyer within the periods specified on the Website according to the delivery conditions.
6. CANCELLATION AND REFUND CONDITIONS
6.1. As a rule, food and beverage products and catering services produced in accordance with the Buyer's special requests and demands or made special to the Buyer by making changes or additions are subject to cancellation and refund is not possible.
6.2. The buyer has the right to completely abandon the order before confirming the order availability and before the purchased products are prepared. If the Buyer notifies the Seller in time of this waiver request via e-mail or via the phone number specified on the Website, the product price will be returned to him within 10 (ten) business days or the Buyer's Upon the request or approval of the Receiver, this amount can be kept in his account and used in his later orders, or a coupon code can be defined and used in the next orders by the Buyer upon his request.
6.3. In the event that the products subject to the order are requested to be canceled before the preparation is started, the fees for the transactions made up to that point, if any, will be deducted and the amount will be refunded to the Buyer within 10 (ten) business days.
7. DELIVERY OF THE PRODUCTS AND DELIVERY METHOD
7.1. The products subject to the order will be delivered to the Buyer Buyer unless otherwise specified in writing. The Buyer accepts, declares and undertakes that the information he gives about the delivery of his order, such as "Delivery Information" and "Buyer", is correct and up-to-date, and that the order can be received by himself or the buyers he has determined, only in return for the presentation of his identity.
7.2. As a rule, the delivery costs are as stated on the Website. If the seller has declared on the Website that the delivery fee will be covered by the shoppers who shop more than the amount declared during the transaction period in the system, or that they will make free delivery within the scope of the campaign, the delivery costs will be borne by the Seller. However, the Seller is free to determine under which conditions the delivery will be covered by him and does not make any commitment regarding the delivery fee.
7.3. delivery; Availability of stocks for ready-made products ve is made as soon as possible after the price of the product subject to the order is transferred to the Seller's account.
7.4. The order shall be deemed to have been placed after confirmation of the Buyer's payment information and confirmation in electronic form regarding the conformity of the order .
7.5. Orders placed outside of working hours will not be accepted.
8. SELLER'S RESPONSIBILITY AGAINST THE DISH
8.1. Buyer, pursuant to Turkish Commercial Code No. 6102; is responsible for checking for defects during the delivery of the ordered products.
8.2. The Buyer is obliged to notify the Seller within 3 (three) days, in accordance with Article 23/c of the Turkish Commercial Code No. 6102, in case of a clearly visible defect in the delivered products. Otherwise, the Buyer shall be deemed to have accepted the delivered product as defective, in accordance with Article 223 of the Turkish Code of Obligations No. 6098.
8.3. The Buyer's obligation to inspect and control (inspect and/or have the product examined) against obvious (hidden) defects in the products delivered to him, and in case of detecting/having a defect in the products within 8 (eight) days from the delivery date, shall be immediately notified to the Seller. have an obligation to report. Otherwise, the Buyer shall be deemed to have accepted the delivered product as defective, in accordance with Article 223 of the Turkish Code of Obligations No. 6098.
8.4. The Buyer is obliged to send the product to the Seller completely and completely as it was received, by creating a return request on the Internet Site together with the defect notice. In order for the Buyer to return the delivered product for any reason; The product must be kept in its original packaging and returned in its original form, complete with all packaging materials, without any physical damage. In addition, all originals and copies of the waybill and invoice must be sent with the products.
8.5. Except for the damage caused by the carrier making the delivery, if there is any abnormal condition such as damage, dents, wetness that can be noticed without opening the package; The buyer should request the delivery person to prepare a report.
8.6. The seller performs the necessary checks with the notification duly made and after the delivery of the product to him; If the Buyer is right in his statements the defective product is returned to the Buyer at his own expense by replacing or re-preparing it. The buyer can also request a refund if he wishes. In this case, the refund will be made within 10 (ten) business days.
8.7. In the event that the returned defective product is out of stock, there is no possibility of re-preparation, or the possibility of replacing it with a defect-free product disappears due to similar compelling reasons, the Seller declares that he will return the product price to the Buyer in the same way as it was collected, without paying any interest or expense, and commits.
8.8. The provisions of the Tax Procedure Law No. 213 and the relevant legislation are reserved for the product return, and the Buyer and the Seller are obliged to comply with the specified provisions.
9. PROVISIONS ON PRICES:
9.1. The price of the products ordered by the Buyer from the Website is stated on the Website and in the content of the invoice sent to the Buyer. Unless otherwise stated, prices include VAT.
9.2. In case the Buyer makes purchases with a credit card the relevant provisions of the contract in force between the Buyer and the cardholder bank apply. The credit card payment date is determined by the terms of the contract between the bank and the Buyer, and the Seller has no obligation in this regard.
10. SELLER'S STATEMENTS AND INSURANCES
10.1. The Seller reserves the right to change the prices and product, color, material types, ready-made designs, promotions and campaigns on the Website at any time, without the obligation to give any further notice, and/or to cancel, delete, and disable all specified issues. amount. The Buyer agrees and declares in advance that he will not demand any compensation from the Seller for any direct and/or indirect damages incurred due to these changes or cancellations.
10.2. The Seller has the right not to accept the content that it does not deem appropriate and to cancel the order in this direction.
10.3. The Seller cannot be held responsible for the difference between the product images and visual details displayed on computer or tablet screens while creating an order .
10.4. The seller acknowledges that some printed products are not suitable for outdoor use, that they will not be exposed to the sun or moisture, and that some printed products should be kept in suitable storage conditions.
10.5. Regarding the subject of this Agreement, the Buyer accepts and undertakes that he will not claim any damages, including any positive and/or negative damage and loss of profit, in case of incomplete performance, defective or defective performance of the Agreement by the Seller. In this context, the Seller's material liability arising from this Agreement is up to the maximum order amount.
10.6. As a result of breach of contract, tort, negligence or other reasons; does not accept any responsibility for interruption of the transaction, error, negligence, interruption, deletion, loss, delay of the transaction or communication, computer virus, communication error, theft, destruction or unauthorized entry, modification or use of the records.
11. FORCE MAJEURE
11.1. Circumstances that do not exist at the date of conclusion of the Contract and that develop beyond the control of the Seller, which make it impossible for the Seller to partially or completely fulfill the obligations and responsibilities assumed by the Agreement or to fulfill them on time, force majeure (all kinds of natural disasters, war , terrorism, riots, changes in legislative provisions, seizures, strikes, lockouts, major malfunctions in production and communication facilities, widespread and/or continuous electricity and/or internet interruptions, etc.).
11.2. In the event of Force Majeure, the Seller may avoid unilaterally fulfilling the obligations under this Agreement, without compensation, by returning the price paid.
11.3. In case the force majeure lasts more than 45 (forty-five) days, the Buyer may terminate this Agreement and request a refund of the price paid.
12. STAMP TAX
12.1. This Agreement is not subject to stamp duty pursuant to article 6/4 of the Stamp Duty Law General Communiqué (Serial No: 60) published in the Official Gazette dated 29.09.2016 and numbered 29842.
13. APPLICABLE LAW AND AUTHORIZED JURISDICTION
13.1 In all kinds of disputes that arise or may arise between the parties, the commercial books, records and documents of the Seller, as well as the computer, fax records, microfilms, e-mail correspondence, are subject to the Law of Civil Procedure No. 6100 m. According to 193, the Buyer irrevocably accepts, declares and undertakes that it will be in the form of conclusive evidence.
13.2. This Agreement has been drawn up and approved electronically between the Parties prior to the Buyer's payment; In this context, this Agreement replaces the written agreement between the Parties and is in the form of an electronic document in accordance with the Code of Civil Procedure No. 6100.
13.3. Istanbul Anatolian Courts and Enforcement Offices are authorized and responsible for the resolution of any dispute arising from this Agreement, and the law of the Republic of Turkey will be applied in the resolution of any dispute.