1. SCOPE
The scope of this Sales Contract Preliminary Information Form is comprised of the rights and obligations of the parties under the Regulation on Distance Contracts (promulgated within the issue No. 29188, dated 27/11/2014, of the Official Gazette) as issued pursuant to the Consumer Protection Act No. 6502 in respect of the sale and delivery of the good/s, which are sold by the SELLER to the CUSTOMER/BUYER and the characteristics and the sale price of which are provided as follows. By the acknowledgment of this preliminary information form; the BUYER agrees in advance that, should it confirm the order subject to the Sales Contract, it shall be obliged to pay the price of the ordered goods as well as the additional associated charges such as the courier fee and taxes, and that it has been properly informed on the matter.


2. SELLER’S DETAILS (hereinafter to be referred to as the SELLER)
Trade Name: ŞAFAK RESTAURANT İŞLETMELERİ SANAYİ VE TİCARET LİMİTED ŞİRKETİ
Address: Bağlar Mah. Koçman Cad. Gamsız sok. No:2/B Güneşli Bağcılar / İstanbul / Turkey
Phone: +90 212 651 81 61
Email: info@kubban.com.tr


3. BUYER’S DETAILS (hereinafter to be referred to as the BUYER)
Designated person for delivery receipt:
Delivery Address:
Phone:
Email/ user name:


4. DETAILS REGARDING THE GOOD/S TO BE SOLD UNDER THE SALES CONTRACT
4.1. The main characteristics (sort, amount, make/model, color, quantity) of the Good/s/ Service are provided on the website of the SELLER.

4.2. The prices listed and announced on the website represent the sales price. The prices and promises announced shall remain valid and applicable until they are updated and modified. The prices announced to be valid for a specific period of time shall be so until the expiration of such period.
Payment Terms and Schedule: Credit Card
Total Amount Payable in Lump Sum by Credit Card:
Total Amount Payable in Installments by Credit Card:

Delivery Address:
Billing Address:
Date of Order:


5. GENERAL PROVISIONS
5.1. The BUYER hereby agrees, represents and warrants that it has read and been informed about the main characteristics, sales price and the payment terms of the relevant goods as well as the preliminary information about the delivery of the same on the website of the SELLER, and that it has provided the required confirmation electronically. The BUYER hereby further agrees, represents and warrants that, by its confirmation the Preliminary Information electronically, the SELLER shall be deemed to have furnished the BUYER with the address, which is required to be provided thereto, the main characteristics of the ordered goods, the sales price, including the taxes, of such goods, and the payment and delivery details for the same in advance of the execution of the distance sales contract.
5.2. Each good sold under the sales contract shall be delivered to the BUYER or the person and/or the entity located at the address designated by the BUYER within such period of time that is determined with respect to the distance of the delivery address of the BUYER and is specified within the preliminary information section on the website, which period of time shall, however, not exceed the legally prescribed period of 30 days. In the event the relevant good fails to be delivered to the BUYER within such period, the BUYER’s right to terminate the contract shall be reserved.
5.3. The SELLER hereby agrees, represents and warrants that it shall delivery the ordered goods completely, in such condition that is specified within the order and along with the associated warranty certificates and user’s manuals, if any, and as free from any defects whatsoever, and in robust condition in compliance with the applicable laws and regulations, and in conformity to the applicable standards, and that it shall carry out its relevant business activities with integrity and in good faith, and that it shall maintain and improve its service quality, and that it shall act in due care and diligence and it shall act in due prudence through the course of its performance of the relevant activities.
5.4. The SELLER may supply a different good than the ordered good, the quality and the price of which is identical to those of the ordered good, provided that it informs the BUYER in advance and obtains the BUYER’s express consent on the matter prior to the expiration of the period prescribed for the performance of its contractual obligation.
5.5. The SELLER hereby agrees, represents and warrants that, should it fail to perform its contractual obligations on account of the fact that it becomes impracticable for the ordered goods to be delivered or the ordered services to be rendered, it shall notify the consumer in writing of such impracticability within a period of 3 days from the date, on which it becomes aware of the same, and it shall refund the total price paid to the BUYER within a period of 14 days.
5.6. The BUYER hereby agrees, represents and warrants that, in order for the delivery of the goods, being the subject matter of the contract, it shall confirm this Preliminary Information Form electronically, and that, should the price of the goods, being the subject matter of the contract, not be paid and/or the payment of the same be canceled in the bank records, the SELLER’s obligation to deliver the good, being the subject matter of the contract, shall cease to exist.
5.7. In the case of the payments effectuated through 3D Secure, a dedicated 3D transaction pop-up screen offered by the bank appears on the bank and user screens, whereupon a confirmation code is communicated to the mobile phone of the holder of the credit card, which is designated to be used for the shopping, or certain private information, which is not known to any other person than the relevant card holder, is inquired. In respect of the payment transactions conducted successfully as described above, the bank assumes the entire liability in the event of any unfavorable incident.
3D Secure strictly prevents any shopping that is attempted to be conducted, using a stolen credit card, as it requires a confirmation code, which is communicated in the form of an SMS to the mobile phone of the relevant card holder, to be entered in order for the completion of the payment transaction. .

 
6. BILLING DETAILS
Full Name/ Trade Name:
Address:
Phone:
Email/ user name:
Delivery of invoice: The invoice shall be delivered to the billing address along with and at the time of delivery of the order.


7. RIGHT OF WITHDRAWAL
7.1. The BUYER may, in the case of distance contracts for the purchase of goods, exercise its right of withdrawal from the contract without assuming any legal and criminal liability and without the statement of any reason by way of refusing the goods on the condition that it shall notify the SELLER of such withdrawal within a period of 14 (fourteen) days as of the date of delivery of the goods to the BUYER or the person/entity at the address designated thereby. In the case of distance contracts for the delivery of services; such period of withdrawal shall commence to operate as of the date of execution of the contract. In the event the performance of the procured service is commenced upon the consumer’s confirmation before the expiration of the prescribed period of withdrawal; the right of withdrawal may no longer be exercised. Any costs and expenses that arise out of the exercise of the right of withdrawal shall be borne by the SELLER. The BUYER hereby agrees in advance that, by its agreement of this contract, it has been informed properly about the right of withdrawal.

7.2. The exercise of the right of withdrawal shall require the service of written notification to the SELLER via registered and certified mail, facsimile or email within a period of 14 (fourteen) days and shall require for the relevant goods not to have been used in accordance with the provisions regarding the "Goods Not Eligible for the Exercise of the Right of Withdrawal" as set forth within this contract.  In the event the right of withdrawal is exercised;

7.2.1 3. The invoice of the goods returned, which may have been delivered to the designated person or the BUYER (to be submitted along with the return invoice issued by the relevant entity through the course of returning of the goods if the invoice for the goods, which are intended to be returned, has been issued to a legal entity. The return process of the goods, the invoice for which has been issued to a legal entity, may not be completed unless a RETURN INVOICE is issued for the same.)

7.2.2. The return form, and

7.2.3. The box, packaging and standard accessories, if any, of the goods to be returned should be delivered in full and free from damages. 

7.2.4. The BUYER shall be obliged to return the goods within a period of 10 days as of the date of service of its withdrawal notification.

7.2.5. In the event the value of goods is depreciated or the returning of the goods becomes impracticable on account of any reason that is attributable to the fault of the BUYER; the BUYER shall be obliged to indemnify the SELLER for its loss proportionately to the extent of its respective fault. The relevant goods should strictly not be used and the packaging of the same should strictly be intact.

7.2.6. In the event, upon the exercise of the right of withdrawal, the amount of order decreases to below the limit that is specified by the SELLER for a special deal campaign, the discount, from which the BUYER may have benefited as a part of such campaign, shall be revoked. The amount to be refunded to the BUYER shall be such amount that is the sale price of the good purchased thereby.


8. GOODS NOT ELIGIBLE FOR THE EXERCISE OF THE RIGHT OF WITHDRAWAL
8.1. The SELLER may apply for its complaints and objections to the arbitration committee for consumer problems or the consumer court, seated at the same location as the consumer, with due respect to the monetary limits contemplated by the applicable laws and regulations, which are set forth as follows. The relevant monetary limit details are provided below:

 Effective throughout 2017, the applications for disputes in the amounts that fall to the scopes of the limits set forth below shall be filed with the relevant competent arbitration committees for arbitration problems:
a) In the case of disputes, the amount of which is below TRY2,400 (two thousand and four hundred Turkish Liras); the applications shall be filed with the district arbitration committees for arbitration problems,
b) In the case of disputes, the amount of which is larger than TRY2,400 (two thousand and four hundred Turkish Liras) and smaller than TRY3,610 (three thousand six hundred and ten Turkish Liras), that arise in provinces that enjoy the Metropolis status; the applications shall be filed with the provincial arbitration committees for arbitration problems,
c) In the case of disputes, the amount of which is below TRY3,610 (three thousand six hundred and ten Turkish Liras), that arise in the central district of provinces that do not enjoy the Metropolis status; the applications shall be filed with the provincial arbitration committees for arbitration problems, and
d) In the case of disputes, the amount of which is larger than TRY2,400 (two thousand and four hundred Turkish Liras) and smaller than TRY3,610 (three thousand six hundred and ten Turkish Liras), that arise in any other district than the central district of provinces that do not enjoy the Metropolis status; the applications shall be filed with the provincial arbitration committees for arbitration problems.