ARTICLE 1: SUBJECT OF THE CONTRACT

The subject of this Distance Sales Agreement (“Agreement”) is the SELLER’s It is the determination of the rights and obligations of the Parties in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Distance Contracts Regulation, regarding the order details, sale and delivery of the product sold remotely to the BUYER, whose qualities and sales price are specified below .

SELLER’s commitments regarding the products available on the web address www.abyss.com.tr/fmcg are limited to situations such as stock and supply process, without prejudice to the right to correct material errors made inadvertently.

ARTICLE 2: PARTY INFORMATION

SELLER
Title:                      Abyss Foreign Trade Industry Construction and Logistics Ltd. Ltd.

Address:              Şahintepe Mah. Lalezar St. İGTOT 2B Block No:4D/Z22 Başakşehir , Istanbul

Email:                    info@abyss.com.tr

BUYER

Title:{customer_billing_full_name}

Address:              {customer_shipping_address}

Email:                    {customer_email}

BUYER and SELLER will be briefly referred to as “Party” separately and “Parties” together in the Contract.

ARTICLE 3: FEATURES OF THE PRODUCTS SUBJECT TO THE CONTRACT AND PRODUCT PRICE

The type, quantity, brand/model, color, number of products, sales price including all taxes, and payment method are as stated below.

{cart_items}

Payment Method:        {order_payment_method}
Delivery Address:         {customer_billing_address}
Billing Address:              {customer_billing_address}

3.1 The sales price of the goods or services subject to the contract, including all taxes, is shown in the table above.

3.2 The basic features of the Product/Service (type, quantity, brand/model, color, quantity) are available on the SELLER’s website.

3.3 The prices listed and announced on the site are the sales price. Declared prices and promises are valid until updated or changed. Prices announced periodically are valid until the end of the specified period.

3.4 Unless the product shipment organization is requested from the SELLER , it will be organized by the BUYER and the BUYER will pay the costs.

ARTICLE 4: GENERAL PROVISIONS

4.1 Before accepting the Distance Sales Contract or any corresponding offer, the BUYER must read and be informed of the Preliminary Information Form , which contains all preliminary information regarding the basic characteristics of the Product subject to the Contract, the sales price of the products including taxes, the method of payment, and the delivery of the products. He irrevocably accepts and declares that he has accepted and approved the Preliminary Information Form electronically and subsequently purchased the Product electronically.

4.2 SELLER accepts, declares and undertakes to deliver the product subject to the contract intact, complete, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, and necessary information and documents, if any.

4.3 The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his express approval before the contractual performance obligation expires . In addition, the type, quantity, brand/model, color, quantity, sales price including all taxes, payment method, etc. of the products on the SELLER’s website and other transactions. The BUYER reserves the right to correct material mistakes made inadvertently in matters , and the BUYER accepts and declares that the SELLER has the right to do so.

4.4 BUYER accepts that he/she will confirm this Agreement electronically for the delivery of the Product subject to the Contract , and that if the price of the product subject to the Contract is not paid for any reason and/or is canceled in the records of the bank or financial institution, the SELLER’s obligation to deliver the product subject to the contract will end. and commits. BUYER accepts and undertakes that the SELLER has no liability for payments made to the SELLER by the bank and/or financial institution, but for which a failure code was sent by the bank and/or financial institution for any reason .

4.5 The SELLER declares and accepts that if the products ordered by the BUYER cannot be supplied for any reason, a refund will be provided to the account to which the BUYER made the payment, in the amount of the amount paid by the BUYER and for which the SELLER is responsible for the refund .

4.6 The SELLER accepts and undertakes to notify the BUYER of the situation if it cannot deliver the product subject to the contract within the time limit due to force majeure situations, such as situations that develop beyond the will of the parties, are unforeseen and prevent or delay the parties from fulfilling their obligations. The BUYER also has the right to request from the SELLER to cancel the order, to replace the product subject to the contract with a similar one, if any, or to postpone the delivery period until the hindering situation disappears . If the order is canceled, the amount paid by the BUYER and for which the SELLER is responsible for refund will be refunded to the BUYER within 14 (fourteen) days .

4.7 The BUYER must inspect or have it inspected before receiving the goods/services subject to the contract, and should not receive defective or damaged products that can be detected by ordinary inspection from the SELLER official. If the BUYER neglects to inspect the goods and receives the goods, he is deemed to have accepted that the product is intact and undamaged. The goods/services received will be deemed to be undamaged and intact. The BUYER is responsible for carefully protecting the goods/services after delivery . If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.

4.8 BUYER declares that the personal and other information provided while subscribing to the SELLER’s website and included in the Preliminary Information Form are accurate, and that all damages that the SELLER may incur due to the untruthfulness of this information are immediately, in cash and in full upon the first notification of the SELLER . declares and undertakes to compensate you.

4.9 BUYER accepts and undertakes to comply with the legal regulations and not to violate them while using the SELLER’s website. In addition, the BUYER cannot use the SELLER ‘s website in any way that disrupts public order, is against general morality, disturbs or harasses others, for an unlawful purpose, violates the material and moral rights of others, or engages in any activity that prevents or makes difficult for others to use the services. ( spam , virus , trojan horse, etc.) and transactions cannot be made. Otherwise, all legal and criminal liabilities that may arise will be entirely and exclusively binding on the BUYER .

4.10 Links may be provided through the SELLER’s website to other websites or other content that are not under the SELLER’s control or owned and/or operated by third parties. These links are provided to provide ease of navigation to the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.

4.11 The BUYER who violates one or more of the articles listed in this contract will be personally and criminally and legally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. In addition, if the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.

4.14 This service is for wholesale sales to Institutions/Merchants only. Even if a preliminary information form and/or sales contract has been created for retail orders, the SELLER reserves the right to cancel the order and not deliver it. If the order is canceled for this reason, the price of the products will be refunded by the SELLER in the same way as the price paid by the BUYER. The website www.abyss.com.tr/fmcg is for wholesale shipments.

4.16 In order to conclude a Distance Sales Agreement, this Agreement must be approved electronically by the BUYER.

ARTICLE 5: RIGHT OF WITHDRAWAL

  1. 1 In case the right of withdrawal is exercised, the invoice of the product delivered to the 3rd party or the BUYER ( If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning it. Order returns whose invoice is issued in the name of institutions are not issued RETURN INVOICE Otherwise, it cannot be completed.) , The return form must be delivered complete and undamaged, along with the box and packaging of the products to be returned, and standard accessories, if any .

ARTICLE 6: CONTRACTS WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED

Without prejudice to contracts that are outside the scope of the Regulation pursuant to Article 2 of the Distance Contracts Regulation, in accordance with the Distance Contracts Regulation, the BUYER cannot exercise the right of withdrawal in the following contracts:

  1. a) Contracts regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller or provider.
  2. b) Contracts regarding goods prepared in line with the BUYER’s requests or needs.
  3. c) Contracts for the delivery of goods that can quickly deteriorate or expire.
    d) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts regarding the delivery of those whose return is not suitable in terms of health and hygiene.
  4. d) Contracts regarding goods that are mixed with other products after delivery and cannot be separated due to their nature.

ARTICLE 7: REFUND PROCEDURE IN CASE OF RETURNING THE PRODUCT

the BUYER exercises his right of withdrawal, or in cases where the product subject to the order cannot be supplied for various reasons, or in cases where a refund to the BUYER is decided by the decisions of the arbitral tribunal or the Court, and in other cases, the refund procedure for payment options is as stated below.

a) Refund Procedure in Case of Payment by Money Order/EFT

The refund will be made by wire transfer or EFT to the bank account information to which the BUYER made the payment (the account must be in the name of the person at the billing address or in the name of the user member). If the bank account from which the payment was made has been closed, a refund is made to the relevant account by requesting a new account information from the BUYER (The account must be in the name of the person at the billing address or in the name of the user member). SELLER pays the bank the entire price of the product at once.

In case of return of goods and services purchased via money order/EFT, the SELLER cannot make a direct/in-person payment to the BUYER in cash, in accordance with the contract made with the Bank. In case of a refund, the SELLER will make the REFUND by notifying the addressee bank, and since the SELLER is obliged to pay the relevant amount to the Bank in cash or on account, it cannot be held responsible for not being able to make a cash payment to the BUYER .

ARTICLE 8: FINAL PROVISIONS

8.1 SELLER records (including records on magnetic media such as computer-voice recordings) constitute conclusive evidence in resolving any disputes that may arise from this Agreement and/or its implementation.

8.2 BUYER declares that the information specified in the membership form on the SELLER’s website and in the Preliminary Information Form is correct and complete, and that he/she is responsible for any damages that may arise from the error or incompleteness of this information. In case the SELLER suffers a loss for this reason. , accepts and declares to compensate the SELLER for its damages.

8.3 BUYER shall act as data controller and /or data processor within the scope of the disclosure form of all kinds of qualified personal data , corporate, commercial and other data, including personal data, biometric data and health data, transmitted to the SELLER or acquired within the framework of the SELLER’s procedures and procedures. or partially obtained, recorded, stored, changed, updated, periodically checked, rearranged, classified, kept for the period required for the purpose for which they are processed or stipulated in the relevant law, together with the SELLER in case of legal or service-related actual requirements . It is open to processing, including sharing with public institutions and organizations for which it works or for which it is legally obliged and/or third party service providers, supplier companies, insurance companies resident in Turkey or abroad, and transferring it abroad in case of legal or service-related actual requirements. accepts, declares and undertakes that he/she has consent.

8.4 Duration and Validity: The BUYER has read, reviewed, accepted and signed the provisions of this Agreement. This Agreement has been concluded between the BUYER and the SELLER over the internet as soon as it is declared that it has been read and accepted by the BUYER, and it will have its provisions and consequences from that moment on. This Agreement will terminate automatically upon the fulfillment of the mutual obligations of the Parties in accordance with the Agreement.

 

SALES PERSON

Abyss Foreign Trade Industry Construction and Logistics Ltd. Ltd.

BUYER

{customer_billing_full_name}