Article 1: This distance sales contract has been executed between Beşe Helvacılık Şekerleme San. ve Tic. A.Ş., operating at AOSB 10027 Street, Ekmel Üçer Apt. No:7, Çiğli/İzmir (Tel: +90 232 600 23 73), and the consumer who makes purchases via the website www.besegida.com.
Hereinafter, Beşe Helvacılık Şekerleme San. ve Tic. A.Ş. shall be referred to as the SELLER, and the consumer who makes purchases via www.besegida.com shall be referred to as the BUYER.
The SELLER and the BUYER shall each be referred to individually as a “party” and collectively as the “parties”.
B. SUBJECT OF THE CONTRACT
Article 2: This contract covers purchases made through the website www.besegida.com owned by the SELLER, in accordance with Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation.
C. GENERAL INFORMATION
Article 3: The BUYER acknowledges and declares that they have read and been informed about the basic characteristics of the product(s) subject to the contract, the sales price, payment method, and delivery details on the website www.besegida.com, and that they have given the necessary confirmation electronically.
Article 4: The SELLER undertakes that personal information shared by the BUYER during the purchase process shall not be shared without the BUYER’s explicit consent, except in cases specified in the privacy policy, and that such information shall be stored securely. Provisions regarding confidentiality are set out under the Privacy Policy section of the website.
D. PRODUCT SUBJECT TO SALE
Article 5: The total price of the product(s) subject to sale, including Value Added Tax (VAT), is as stated on the website. Delivery costs (shipping fees) are not included in the product price and are clearly stated to the BUYER during the purchase process. No additional costs other than delivery costs are charged to the BUYER.
E. GENERAL DELIVERY PROVISIONS
Article 6: As stated in the preliminary information, the SELLER shall deliver the product(s) to the delivery address specified by the BUYER via a carrier within 10 (ten) business days following the conclusion of the sales contract. Provided that the BUYER is informed in advance, the SELLER may extend this period up to the legal maximum of 30 (thirty) days.
Article 7: If the product(s) subject to the contract are to be delivered to a person or organization other than the BUYER, the SELLER shall not be held responsible if the recipient refuses to accept delivery.
Article 8: The SELLER shall not be held responsible for failure to deliver the order to the BUYER due to any issues encountered by the carrier (cargo company) during delivery.
F. GENERAL PROVISIONS
Article 9: The SELLER produces the products subject to the contract in accordance with the Turkish Food Codex and Food Safety Standards and is responsible for delivering the products fresh and free from defects. The SELLER shall not be held responsible for products that are not stored under appropriate conditions and/or consumed after the expiration of the stated shelf life.
Article 10: If the SELLER is unable to fulfill its contractual obligations due to seasonal raw material supply difficulties or other reasons making production impossible, the SELLER shall notify the BUYER in writing or via a durable data medium within 3 (three) days from the occurrence of such situation and shall refund all payments received, including delivery costs, within 14 (fourteen) days from the notification date. Where possible and upon the BUYER’s request, an alternative product of equal value may be supplied.
Article 11: In order for the order to be created, this contract must be accepted by the BUYER during the order process via the website www.besegida.com, the order confirmation must be sent to the BUYER by the SELLER via e-mail, and the price must be paid using the payment method chosen by the BUYER. If the product price is not paid or is canceled in bank records for any reason, the SELLER shall be released from the obligation to deliver the product(s).
Article 12: Payments made through the website www.besegida.com may be completed via credit card, bank transfer, or EFT.
Article 13: If the SELLER is unable to deliver the product(s) subject to the contract within the specified period due to force majeure or extraordinary circumstances such as adverse weather conditions or interruption of transportation, the SELLER shall notify the BUYER. In such cases, the BUYER has the right to cancel the order, request replacement with an equivalent product, and/or postpone delivery until the obstructing circumstance is resolved. If the BUYER cancels the order, the amount paid shall be refunded by the SELLER within 14 (fourteen) days.
Article 14: In payments made by credit card, the product price shall be refunded to the relevant bank within 14 (fourteen) days after the BUYER cancels the order. The BUYER acknowledges and declares that the reflection of this amount in their account depends entirely on the bank’s processing procedures and that the SELLER cannot intervene in possible delays and is not responsible for the time required for the refund to be credited to the BUYER’s account.
Article 15: By confirming this contract electronically, the BUYER confirms that they have obtained accurate and complete information prior to the conclusion of the distance sales contract, including the address, basic characteristics of the ordered products, prices including taxes, and payment and delivery details, as provided by the SELLER in the Preliminary Information Form.
Article 16: The BUYER declares that they have read and been informed about the basic characteristics of the product subject to the contract, the sales price including all taxes, the payment method, delivery details and costs to be borne by the BUYER, the delivery period, and the SELLER’s full trade name, address, and contact information on the website www.besegida.com, and that they have given the necessary confirmation electronically.
Article 17: Even if the BUYER is not present at the delivery address at the time of delivery, the SELLER shall be deemed to have fully and properly fulfilled its obligation. Therefore, any damages arising from late receipt of the product by the BUYER, as well as costs incurred due to the product being held by the cargo company and/or returned to the SELLER, shall be borne by the BUYER.
G. MATTERS RELATING TO AFTER-SALES
Article 18: The BUYER accepts and declares that any damages and/or liabilities arising from providing incomplete or incorrect information requested by the SELLER during the sales process shall be borne by the BUYER.
Article 19: In the case of orders placed by credit card, the bank to which the card belongs automatically connects to the www.besegida.com system and displays the relevant bank’s payment page to the BUYER. This payment page is not managed by the SELLER, and it is the BUYER’s responsibility to check the information and complete the payment after ensuring its accuracy. Any issues arising in this regard shall not give rise to liability on the part of the SELLER. The order is deemed confirmed once payment is completed via the bank’s payment page.
Article 20: In payments made by bank transfer or EFT, the order shall be confirmed after verification of payment by the bank using the receipt number (for transfers) or reference number (for EFT). Additional fees such as transfer or EFT fees are not included in the product price. In sales completed via bank transfer or EFT, the BUYER must include the order code in the transaction description. Payments made without an order code shall be refunded by the SELLER within 14 (fourteen) days. In such cases, the BUYER accepts and declares that transfer and EFT fees related to the refunded amount shall be borne by the BUYER.
H. RIGHT OF WITHDRAWAL
Article 21: The BUYER has the right to withdraw from the contract within 14 (fourteen) days from the date the product(s) are delivered to themselves or to the persons/organizations at the specified address, without assuming any legal liability and without providing any justification.
Article 22: In order to exercise the right of withdrawal, the BUYER must notify the SELLER via FAX or EMAIL within the 14 (fourteen) day period, and the product(s) subject to withdrawal must be unused and their packaging unopened.
Article 23: The products to be returned must be delivered with their boxes and packaging unopened and unused. If a product bundle has been purchased, the box and packaging of the entire bundle must also be returned unopened and unused. Since product bundles are offered for sale as a whole, the BUYER cannot return individual unused items from the bundle.
Article 24: When returning the product to the SELLER, the original invoice presented to the BUYER at the time of delivery must also be returned (for accounting consistency purposes). The invoice to be returned together with the product must be marked as “return invoice” and signed by the BUYER.
Article 25: The price of the returned product(s) shall be refunded to the BUYER within 10 (ten) business days following receipt of the returned product(s) by the SELLER along with the required documents, using the same payment method used by the BUYER. If there is a decrease in the value of the goods or if return becomes impossible due to the BUYER’s fault, the BUYER shall be obliged to compensate the SELLER for damages in proportion to their fault.
Article 26: If the product in question is a perishable product (with a short period between the production date and expiration date), it cannot be returned pursuant to Article 15(1)(c) of the Distance Contracts Regulation.
I. PRODUCT EXCHANGE
Article 27: The sale of certain products offered by the SELLER may be limited to a specific period or stock availability. In cases where delivery of the purchased product is not possible for such reasons, the BUYER may request an alternative product limited to the price of the purchased product or request a refund. In such cases, the return conditions stated above shall apply.
J. COMPETENT COURT
Article 28: Pursuant to Article 68 of Law No. 6502 on the Protection of Consumers and Article 6 of the Regulation on Consumer Arbitration Committees No. 29188, in the event of a dispute arising from the implementation of this contract, Consumer Arbitration Committees up to the monetary limits announced annually by the Ministry of Customs and Trade and Consumer Courts located at the residence of either party shall have jurisdiction.
K. EFFECTIVENESS
Article 29: This contract, consisting of 29 (twenty-nine) articles, has been read by the parties and concluded and entered into force upon electronic approval by the BUYER on _contractdate_.
