Terms of service

Preliminary Information Form and Distance Sales Agreement

Pursuant to the "Regulation on the Procedures and Principles for the Implementation of Distance Contracts" published in the Official Gazette dated 13.06.2003 and numbered 25137, it is mandatory to conclude a contract for sales made over the internet. The details of the agreement are set out below.

Distance Sales Agreement

ARTICLE 1 – PARTIES

1.1. SELLER:

Title: GİGİSFOOD GIDA RESTORAN SANAYİ VE TİCARET ANONİM ŞİRKETİ

Address: MUSTAFA KEMAL MAH. DUMLUPINAR BLV. NO: 274 /9 İÇ KAPI NO: 47 ÇANKAYA/ ANKARA

Phone: 0312 222 41 00

Mersis No: 0395242815100001

1.2. BUYER:

Full Name: [AliciAd] (hereinafter referred to as the BUYER)

Phone: [AliciTelefon]

Email Address: [AliciEmail]

ARTICLE 2 – SUBJECT

The subject of this agreement is to determine the rights and obligations of the parties, in accordance with the Law No. 4077 on Consumer Protection and the Regulation on the Procedures and Principles for the Implementation of Distance Contracts, regarding the sale and delivery of the product, whose characteristics and sale price are specified below, ordered electronically by the BUYER from the SELLER's website http://www.gigissmoothie.com.

ARTICLE 3 – SUBJECT OF THE AGREEMENT

PRODUCT 3.1 – The category and type, quantity, brand/model, color, and sale price including taxes (quantity x unit price) of the products are specified below.

[Urunler]

3.3 – Since installment sales are made only with bank-issued credit cards, the buyer accepts, declares and undertakes that they will separately confirm the applicable interest rates and default interest information with their bank, and that, under the legislation in force, the provisions on interest and default interest will be applied within the scope of the credit card agreement between the Bank and the buyer.

Credit Card Refund Procedure: In cases where the buyer exercises the right of withdrawal, where the ordered product cannot be supplied for various reasons, or where a refund to the Consumer is decided by the Arbitration Committee, if the purchase was made by credit card in installments, the refund procedure is as follows: The Bank refunds the customer in the same number of installments the customer used for the purchase. After http://www.gigis.com.tr pays the full product price to the bank in a single payment, in the event of a refund of installment purchases made via Bank POS terminals to our Customer's credit card, the requested refund amounts are transferred by the Bank to the cardholder's account, again in installments, so that none of the parties involved are put at a disadvantage. If the refund date does not coincide with the card's statement dates, one refund will be reflected on the card each month for the installments the customer paid until the cancellation of the sale; after the installments of the sale have ended, the customer will receive refunds for as many additional months as the number of installments paid before the refund, and these will be deducted from their existing debts. In the event of a refund of goods and services purchased by card, http://www.gigis.com.tr cannot make a cash payment to the Customer under its agreement with the Bank. When a refund is in question, the Member Merchant, i.e. http://www.gigis.com.tr, will process the refund through the relevant software; since the Member Merchant, i.e. GİGİSFOOD GIDA RESTORAN SANAYİ VE TİCARET ANONİM ŞİRKETİ, is obliged to pay the relevant amount to the Bank in cash or by offset, no cash payment can be made to the Customer in accordance with the procedure described above. The refund to the credit card will be made by the Bank in accordance with the above procedure after GİGİSFOOD GIDA RESTORAN SANAYİ VE TİCARET ANONİM ŞİRKETİ pays the amount to the Bank in a single payment. The Buyer accepts and undertakes that they have read and accepted this procedure.

3.4 – Delivery Method and Address:

Delivery Method: Cargo

Delivery Address: [TeslimatAdres]

Delivery will be made by hand to the Buyer's address stated above through the shipping company. Even if the buyer is not present at the address at the time of delivery, the SELLER will be deemed to have fully and completely fulfilled its obligation. Therefore, all damages arising from the buyer's late receipt of the product, as well as any costs arising from the product being held at the shipping company and/or the shipment being returned to the SELLER, shall be borne by the BUYER.

ARTICLE 4 – GENERAL PROVISIONS

4.1 – The BUYER declares that they have read and are informed of the preliminary information on the http://www.gigis.com.tr website regarding the basic characteristics, sale price, payment method and delivery of the product subject to the agreement, and that they have given the necessary confirmation electronically.

4.2 – The product subject to the agreement is delivered to the BUYER or to the person/organization at the address indicated by the BUYER within the period stated in the preliminary information on the website, depending on the distance of the BUYER's place of residence for each product, provided that the legal period of 30 days is not exceeded.

4.3 – If the product subject to the agreement is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to receive it does not accept the delivery.

4.4 – The SELLER is responsible for delivering the product subject to the agreement intact, complete, in accordance with the characteristics specified in the order, and with warranty certificates and user manuals, if any.

4.5 – For delivery of the product subject to the agreement, a signed copy of this agreement must have been delivered to the SELLER and the price must have been paid by the BUYER's preferred payment method. If, for any reason, the product price is not paid or is cancelled in bank records, the SELLER shall be deemed released from the obligation to deliver the product.

4.6 – If, after delivery of the product, the relevant bank or financial institution does not pay the product price to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons, not resulting from the BUYER's fault, the BUYER must send the product back to the SELLER within 3 days, provided it has been delivered to them. In this case, shipping costs shall be borne by the BUYER.

ARTICLE 5 – RIGHT OF WITHDRAWAL

As long as the product's packaging is not damaged, the BUYER has the right to withdraw by rejecting the goods within 7 days from the delivery of the product subject to the agreement to themselves or to the person/organization at the address they indicated. The product price is refunded to the BUYER within 10 days from the date the consumer's withdrawal notice reaches the seller (see Regulation on Distance Contracts, Article 9/2). The shipping cost of a product returned due to the right of withdrawal is covered by the SELLER.

We acknowledge that the consumer has the right to withdraw from the agreement by rejecting the goods or service within seven days from the date of receipt of the goods or the signing of the agreement, without assuming any legal or criminal liability and without giving any reason, and we undertake to take back the goods from the date the withdrawal notice reaches the seller or provider.

In accordance with the General Communiqué of the Tax Procedure Law No. 395, in order for return transactions to be processed, the relevant sections of the invoice with a return section that we sent to you must be filled in completely, signed, and sent back to us together with the product.

However, for shipments to the TRNC and abroad, since our Customers do not pay VAT on their orders, they are obliged to pay the taxes on the products they receive at customs. Customers have no right of withdrawal for products not received from customs for any reason. This is because, pursuant to Article 8 of the REGULATION ON THE PROCEDURES AND PRINCIPLES FOR THE IMPLEMENTATION OF DISTANCE CONTRACTS, in distance contracts for the sale of goods, the Consumer has the right to withdraw from the agreement by rejecting the goods within seven days from the date of receipt, without assuming any legal or criminal liability and without giving any reason.

ARTICLE 6 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

The right of withdrawal cannot be exercised for products that cannot be returned by their nature, single-use products, copyable software and programs, and products that spoil quickly or whose expiration date has passed.

To ensure http://www.gigis.com.tr customers can shop with confidence, and for health reasons, we do not accept returns of the following: products prepared at the BUYER's request or clearly tailored to their personal needs, single-use products that are not suitable for return, products that may spoil quickly or whose expiration date may pass, and products prepared at temperatures below -18 degrees Celsius.

As a general rule, products delivered incomplete or incorrectly due to a sender error can be returned within 7 business days of the delivery date, along with the invoice issued by our company and an attached note stating the reason for the return.

ARTICLE 7 – DEFAULT PROVISIONS

If the parties fail to fulfill their obligations arising from this agreement, the provisions on Debtor's Default in Articles 106–108 of the Code of Obligations shall apply. In cases of default, if either party fails to fulfill its obligations on time without a justified reason, the other party shall grant the defaulting party a period of 7 days to fulfill the obligation. If the obligation is still not fulfilled within this period, the defaulting party shall be deemed in default, and the creditor shall have the right to demand delivery of the goods by requesting performance of the obligation, and/or to demand termination of the agreement and a refund of the price.

Pursuant to the last paragraph of Article 9 of the Regulation on Distance Contracts, if the seller http://www.gigis.com.tr cannot fulfill its contractual obligations on the grounds that performance of the ordered goods or service has become impossible (in the event the product cannot be supplied from the supplier company in any way), it undertakes to notify the consumer of this situation before the performance period arising from the agreement expires. In this case, GİGİSFOOD GIDA RESTORAN SANAYİ VE TİCARET ANONİM ŞİRKETİ has the right to terminate the agreement immediately and undertakes to refund the price of the product ordered by the Customer and return any documents creating a debt obligation, if any.

If http://www.gigis.com.tr cannot deliver the product subject to the agreement on time due to force majeure that may prevent it from fulfilling this obligation, or extraordinary events such as adverse weather conditions preventing transport, interruption of transportation, fire, earthquake or flood, the Buyer acknowledges that http://www.gigis.com.tr bears no responsibility in such cases and may exercise one of the following rights: cancelling the order or postponing the delivery until the preventing situation is removed. If the BUYER cancels the order, the amount paid will be refunded within 10 days. (For installment purchases made by credit card, the above refund procedure is accepted by the BUYER.)

ARTICLE 8 – COMPETENT COURT

In the implementation of this agreement, Consumer Arbitration Committees, up to the value announced by the Ministry of Industry and Trade, and Ankara Courts and Enforcement Offices are authorized.

Upon placement of the order, the BUYER is deemed to have accepted all terms of this agreement.