Distance Sales Contract
ARTICLE 1: SELLER
Company Name: Kayla Gurme Gıda San. ve Tic. Ltd. Şti.
Address: Mehmet Akif Ersoy Mahallesi, İstikbal Sokak No: 19, Üsküdar / Istanbul
Phone: 0850 888 0 783
Email: store@kaylagurme.com
ARTICLE 2: SUBJECT
The subject of this Distance Sales Agreement ("Agreement") is to determine the rights and obligations of the parties in accordance with the Law No. 4077 on Consumer Protection ("Law") and the Regulation on Distance Contracts ("Regulation") regarding the sale and delivery of the product(s), the qualities and price of which are specified below, ordered electronically by the BUYER through the website store.kaylagurme.com.
ARTICLE 3: PRODUCT SUBJECT TO THE AGREEMENT
The type, quantity, brand/model, color, sale price, and delivery details of the product(s) are based on the information at the time the order is completed. The essential characteristics of the goods or services can be reviewed on store.kaylagurme.com.
ARTICLE 4: GENERAL PROVISIONS
4.1. The BUYER declares that they have read and been informed about the basic features of the product, the sale price including taxes, the payment method, and delivery terms, and have confirmed this electronically. By confirming the Preliminary Information Form electronically, the BUYER confirms having obtained all necessary information regarding the seller's address, product details, price (including taxes), and delivery.
4.2. The product will be delivered within the legal period of 30 days, depending on the delivery address of the BUYER, and as stated in the preliminary information on the website.
4.3. Except in campaigns or special offers, delivery (shipping) costs will be borne by the BUYER and shown as a "Shipping Fee" on the invoice. The product will only be delivered to the person(s) authorized in the agreement, who must present ID upon delivery. If not, delivery will be refused. The SELLER cannot be held responsible if the delivery fails due to the BUYER not being present or due to delays or refusal at the delivery address.
4.4. The SELLER is responsible for delivering the product in full, undamaged, in accordance with the stated specifications, and with all necessary documents (warranty, user manual, etc.).
4.5. The SELLER may provide a product of equal quality and price before the obligation becomes due, for valid reasons.
4.6. If the product or service becomes impossible to deliver, the SELLER shall inform the BUYER and either supply a similar product or refund the purchase.
4.7. Confirmation of the Preliminary Information Form is required for delivery. If the payment is not received or cancelled in bank records, the SELLER is not obliged to deliver the product.
4.8. If, due to no fault of the BUYER, the credit card is used unlawfully and the bank does not pay the SELLER, the BUYER must return the product within 3 days. Return shipping costs will be borne by the BUYER.
4.9. If delivery is delayed due to force majeure (e.g., weather, transportation issues), the SELLER shall notify the BUYER, who may cancel the order, accept a replacement product, or postpone delivery. If cancelled, payment will be refunded within 10 days. Credit card refunds are made to the bank within 7 days but may take 2–3 weeks to appear on the account due to bank processes.
4.10. If the product requires a warranty certificate, the BUYER agrees in advance that the box may be opened and the certificate signed by the SELLER.
ARTICLE 5: RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from the agreement within 7 (seven) days of delivery. To use this right, a written notification must be sent to the SELLER via email or the contact form on store.kaylagurme.com within this period, and the product must be unused and resellable. In such cases:
a. A copy of the cargo delivery receipt and original invoice must be returned. For corporate invoices, a return invoice must also be issued.
b. The product must be returned complete, undamaged, with packaging and all accessories. Any promotional gifts must also be returned.
c. The SELLER will refund the price within 10 days using the same payment method.
d. The original invoice must be included with the return, signed and stating "return invoice."
e. If the product value is reduced due to the BUYER's fault, the BUYER must compensate the SELLER.
f. If the cancellation reduces the total below a promotional threshold, discounts will be void.
g. Except for cases where the return is due to an error by store.kaylagurme.com, all return shipping costs are the BUYER’s responsibility. Returns without prepaid shipping will be refused.
ARTICLE 6: NON-RETURNABLE PRODUCTS
Right of withdrawal cannot be exercised for perishable items, one-time use goods, or personalized/customized products. To be eligible for return, the product must be unused, unopened, and undamaged.
ARTICLE 7: DEFAULT OF THE DEBTOR
If the BUYER defaults, they agree to compensate for the SELLER's damages. If a party fails to fulfill obligations without valid reason, the other party may give 7 days’ notice to fulfill the obligation, after which they may cancel the contract and seek damages. Default interest will be the Central Bank’s overnight borrowing interest rate.
ARTICLE 8: AUTHORIZED COURT
If disputes arise, and cannot be resolved amicably, the Consumer Arbitration Committees or Consumer Courts where the BUYER resides or purchased the product shall be authorized, according to the monetary limits set by the Ministry of Trade.
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For claims up to 1,161.67 TL: Consumer Arbitration Committee
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For claims above 1,161.67 TL: Consumer Court
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For provinces with metropolitan status, disputes under 3,032.65 TL fall under the jurisdiction of the Provincial Consumer Arbitration Committee.
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By confirming the order, the BUYER accepts all terms of this agreement.
This agreement has been entered into for commercial purposes.
ARTICLE 9: ENFORCEMENT
This agreement enters into force upon electronic confirmation.