PRELIMINARY INFORMATION
ARTICLE 1 – SELLER AND BUYER INFORMATION
ARTICLE 1.1
SELLER’S INFORMATION
Title: BSC / Bayirli Swiss Company
Address: Langgasse 12 CH-9008 St. Gallen
Phone:+41 78 200 22 77
E-mail: info@bsc-online.ch
ARTICLE 1.2
BUYER
The person who is a member of the bsc-online.ch shopping site as a customer. The address and contact information used during registration will be considered as the basis.
ARTICLE 2 – SUBJECT
The subject of this Preliminary Information Form (“Form”) is to inform the Consumer, in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts published in the Official Gazette dated November 27, 2014, and numbered 29188, regarding the sale and delivery of the Products (“Products”) whose characteristics and sales prices are specified below.
ARTICLE 2.1 CHARACTERISTICS OF THE PRODUCT SUBJECT TO SALE
The basic characteristics of the goods or services are available at bsc-online.ch You can review the basic characteristics of the product during the sales period.
The prices listed and advertised on the site are sales prices. Advertised prices and promises are valid until updated or changed. Prices advertised for a limited time are valid until the end of the specified period. The type, quantity, brand/model, color, number of items, sales price, payment method, and information at the time of order completion of the goods/product/service are included in this section.
ARTICLE 3 – DELIVERY COSTS
Shipping costs are added to the order total and are paid by the Buyer. Promotions regarding shipping costs are at the Seller’s discretion.
ARTICLE 4 – INFORMATION REGARDING PAYMENT AND DELIVERY
4.1. When the Buyer confirms the order for the selected product, they acknowledge, declare, and undertake that they are obligated to pay the total price of the product(s) in question.
4.2. The Buyer may pay for the purchased product(s) via bank transfer or credit card.
4.3. Delivery will be made by hand to the address specified by the Buyer in the order form via one of the contracted shipping companies. The invoice for the order will be issued to the address specified by the Buyer in the order form. The products will be delivered packaged and in good condition, along with the invoice, within a maximum of 5 days from the order date. Even if the Buyer is not present at their address at the time of delivery, the Seller will be deemed to have fulfilled its obligation completely and fully. Therefore, any damage or loss resulting from the Buyer’s delayed receipt of the product, as well as any damage, loss, and/or return of the shipment to the Seller due to the product waiting at the shipping company, shall be borne by the Buyer.
4.4. If the products are to be delivered to a person other than the Consumer, the Seller cannot be held responsible if the recipient refuses delivery.
4.5. The Consumer is obligated to inspect the products upon receipt and immediately notify the Seller of any defects found. ARTICLE 5 – INFORMATION REGARDING THE RIGHT OF WITHDRAWAL
5.1. The Buyer has the right to withdraw from the contract within 14 (fourteen) days of delivery of the product(s) to themselves or to the person/entity at the address indicated, without giving any reason and without paying any penalty. The Buyer may notify the Seller of their withdrawal in writing to the address specified above or electronically via email. The product price will be refunded to the Buyer within 14 (fourteen) days of the Seller receiving the Buyer’s withdrawal notification in writing or via a durable data carrier. The shipping cost for the returned product due to the right of withdrawal will be covered by the Seller if it is sent via Aras Kargo, the contracted shipping company. If this right is exercised, the original invoice for the delivered product must also be returned in accordance with tax regulations. If the original invoice is not sent, the VAT and any other legal obligations cannot be refunded to the BUYER. 5.2. The returned products must be delivered with their box, packaging, and any standard accessories.
5.3. The Seller shall make all refunds specified in the first paragraph in a single payment, in a manner appropriate to the payment method used by the consumer during the purchase, and without imposing any costs or obligations on the consumer. (If the consumer used the installment option with a credit card during the purchase, the refund process will still be made to the bank in a single payment, and the bank’s payment of the relevant amount to the Consumer in installments does not constitute a violation of this article.)
5.4. The Seller reserves the right to offset, deduct, or reduce the amount to be refunded, as arising from the Contract and the law. In cases where the right of withdrawal is possible, the BUYER is legally responsible for any changes and damage that occur if the product is not used in accordance with its operation, technical specifications, and usage instructions within the withdrawal period. Accordingly, the BUYER is liable for any changes and damage that occur if the product is not used in accordance with its usage instructions, technical specifications, and operation during the period up to the date of withdrawal.If there is any change or deterioration, the BUYER may lose the right of withdrawal.
ARTICLE 6 – VALIDITY PERIOD
Regarding the product(s) included in this form; all information and promises offered to the Buyer are valid until changes are made and published regarding the product information, and it is hereby warned that the Seller is not bound by the information and promises given in this form after today.
ARTICLE 7 – CONTRACT PERIOD
The periods stipulated in the Distance Sales Contract will begin and end following the delivery of the product included in this form to the Buyer.
ARTICLE 8 – GENERAL PROVISIONS
8.1. The Consumer declares that they have read and are informed about the basic characteristics of the Product subject to sale, the sales price and payment method, and preliminary information regarding delivery in this Form, and that they have given the necessary confirmation in writing.
8.2. The Consumer; By confirming this Form in writing, the Consumer confirms that they have received accurate and complete information from the Seller regarding the address, essential characteristics of the ordered Products, the price of the Products including taxes, and payment and delivery information, prior to the conclusion of distance contracts.
8.3. The Seller cannot be held responsible for the failure to deliver the ordered Products to the Consumer due to the shipping company’s late delivery, incomplete delivery, non-delivery, or any other problems encountered during delivery.
8.4. If it is determined that the Products cannot be supplied for a justifiable reason before the delivery date, the Seller may supply a different Product of equal quality and price by informing the Consumer and obtaining their written approval. If the Consumer does not accept, the total amount will be refunded within 10 (ten) days.
8.5. If, for any reason, the Product price is not paid or is canceled in the bank records, the Seller is considered relieved of the obligation to deliver the Product. If the payment for the Products is not made to the Seller for any reason, the Consumer shall return the Products to the Seller at their own expense within 3 days of the Seller’s notification. The Seller reserves all contractual and legal rights, including the right to claim, sue, and pursue receivables for the Product price and any shipping costs incurred.
ARTICLE 9 – COMPLAINTS AND OBJECTIONS
9.1. The Buyer may submit their requests and complaints to the Seller’s contact information provided in Article 1.
9.2. In addition, the Buyer may submit complaints arising from the distance sales contract to the consumer dispute arbitration board or consumer court in the place where they purchased the product or where they reside, within the monetary limits determined annually in December by the Ministry of Customs and Trade.
ARTICLE 10 – OTHER PROVISIONS
After this Preliminary Information Form is read and accepted by the Consumer electronically, the Distance Sales Contract will be established.
This Preliminary Information is provided for commercial purposes.
DISTANCE SALES AGREEMENT
The subject of this Distance Sales Agreement (hereinafter referred to as the “Agreement”) is the sale and delivery of the products ordered by the BUYER electronically through the bsc-online.ch website belonging to the SELLER, possessing the characteristics mentioned in the agreement, and whose content and sales price are specified in articles 2 and 5 of the agreement, and the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.
ARTICLE 1 – PARTIES TO THE AGREEMENT
SELLER
Title: BSC / Bayirli Swiss Company
Address: Langgasse 12 CH-9008 St. Gallen
Phone:+41 78 200 22 77
E-mail: info@bsc-online.ch
BUYER (CONSUMER)
Title:
Address:
Phone:
Email:
ARTICLE 2. PROVISIONS REGARDING THE PRODUCT, PRICE, PAYMENT, DELIVERY AND RETURN SUBJECT TO THE AGREEMENT
The type and kind of products (goods/services), quantity, brand/model/color, unit price(s) and sales price, as well as payment (collection) information and delivery information, including the delivery location specified by the Buyer, are as stated below.
PRODUCT / PRODUCTS UNIT PRICE (TL)
Shipping – Cargo Fees
Order Payment Total
Payment (Collection) Information
Payment Method-Instrument
(Credit Card / Cash or Credit Card Payment on Delivery)
Card Type Visa ………
Card Number ………
Payment Credit Card ………
Installment/Single Payment by Credit Card
Total Amount ………
DELIVERY INFORMATION
Name Surname, Title
Address:
Phone:
Email:
INVOICE INFORMATION
Name Surname, Title
Address:
Phone:
Email:
Payment Method
2.1.1. Payment by Credit Card: To make a payment by credit card, the buyer must fill in their credit card information completely and accurately in the relevant sections. Payment can be made in a single transaction or in installments, as may be determined within the scope of promotional campaigns. The bank may offer a higher number of installments than the buyer chooses through promotional campaigns, or provide services such as installment deferral.Meat products may be offered. Such campaigns are at the Bank’s discretion, and if the Seller is aware of them, information about the campaigns will be provided on bsc-online.ch The total order amount will be divided by the number of installments and reflected on the credit card statement by the Bank, starting from the statement date. The Bank may not distribute the installment amounts equally across the months, taking into account fractional differences. The creation of your detailed payment plan is at the Bank’s discretion.
2.1.2. Payment by Bank Transfer: If the Buyer wishes to pay by bank transfer, they will transfer the amount to the bank account listed in the bank transfer & EFT section on the Seller’s shopping cart payment page.
2.2. On the other hand, since installment sales are only made with credit cards belonging to Banks, the Buyer accepts, declares, and undertakes that they will separately confirm the relevant interest rates and information regarding default interest from their bank, and that the provisions regarding interest and default interest will be applied within the scope of the credit card Agreement between the Bank and the Buyer, in accordance with the provisions of the current legislation.
2.3. Refund Procedure
2.3.1. Credit Card Refund Procedure: In cases where the Buyer exercises their right of withdrawal, or if the product ordered cannot be supplied for various reasons, or if a refund is decided upon by the Consumer Arbitration Board, the credit card refund procedure will be determined by the bank if the purchase was made by credit card in a single payment or in installments. The Buyer declares that they accept the refund procedure to be applied by the relevant bank in advance.
2.3.2. Bank Transfer Refund Procedure: For bank transfer payment options, refunds will be made by bank transfer to the account specified by the Buyer (provided that the account is in the name of the person at the billing address or the user member).
2.4. Delivery Method and Address
Delivery will be made by hand to the address specified by the Buyer in the order form via one of the contracted courier companies. Even if the Buyer is not present at the address at the time of delivery, the Seller will be deemed to have fulfilled its obligation completely and fully. Therefore, any damage or loss resulting from the Buyer’s delayed receipt of the product, as well as any damage, loss, and/or return of the product to the Seller due to the product waiting at the shipping company, shall be borne by the Buyer. Shipping costs are not included in the product price. Shipping costs are added to the order total and paid by the Buyer. Any campaigns regarding shipping costs are at the Seller’s discretion. If the shipping company does not have a branch in the Buyer’s location, the Buyer must pick up the product from another nearby branch to be notified by the Seller (the Buyer will be informed of this via email, SMS, or telephone). Delivery will be made by hand to the address specified by the Buyer on the order form via one of the contracted shipping companies. The invoice for the order will be issued to the address specified by the Buyer on the order form. The products, packaged and in good condition, will be delivered within a maximum of 5 (five) days from the order date, along with the invoice.
ARTICLE 3. BUYER’S STATEMENTS AND UNDERTAKINGS
The Buyer shall inspect the product(s) subject to the Contract before taking delivery; they shall not accept damaged or defective product(s) from the shipping company. The product(s) received shall be deemed undamaged and in good condition. The Buyer is responsible for carefully protecting the product(s) after delivery. If the right of withdrawal is exercised, the product(s) must not be used and must be returned with the invoice. If, after delivery of the product(s), the Bank or financial institution fails to pay the Seller the price of the product(s) due to the unauthorized or unlawful use of the Buyer’s credit card by unauthorized persons, not attributable to the Buyer, the Buyer is obligated to return the product(s) to the Seller within 5 (five) business days, bearing the delivery costs, provided that the product(s) have been delivered to them. Otherwise, the Buyer shall be liable to pay the price of the product(s).
ARTICLE 4. SELLER’S REPRESENTATIONS AND WARRANTIES
The Seller is responsible for delivering the product(s) subject to this Contract in sound condition, complete, conforming to the specifications stated in the order, and with any warranty documents and user manuals, if applicable. If the product(s) subject to this Contract are to be delivered to a person/entity other than the Buyer, the Seller cannot be held responsible if the recipient refuses delivery. The Seller shall refund the price of the product(s) and any valuable documents, if any, within 14 (fourteen) days of receiving the notice of withdrawal. The Seller shall retrieve the product(s) within 30 (thirty) days. If the Seller believes that the performance of the contract is impossible, they shall notify the Buyer before the contract’s performance period expires. The paid amount and any documents shall be returned to the Buyer within 10 (ten) days. Damaged products, whether or not sold with a warranty certificate, shall be returned.Products can be sent to the Seller for necessary repairs within the warranty period; in this case, delivery costs will be covered by the Seller.
ARTICLE 5. CHARACTERISTICS OF THE PRODUCT(S) SUBJECT TO THIS AGREEMENT
The type and kind of product(s), quantity, brand/model, color, and sales price including all taxes are as stated in the information on the product(s) page on the bsc-online.ch website and in the invoice, which is considered an integral part of this Agreement.
ARTICLE 6. RIGHT OF WITHDRAWAL
The Buyer may exercise the right of withdrawal within 14 (fourteen) days of delivery of the product(s) subject to this Agreement to himself or to the person/organization at the address indicated, without giving any reason and without paying any penalty. To exercise the right of withdrawal, notification must be given to the Seller’s customer service via e-mail or telephone within the same period, and the product(s) must be unused, in accordance with the preliminary information published on the bsc-online.ch website. The BUYER must return the product to the SELLER or its authorized representative within a maximum of 10 (ten) days from the date of notification of the exercise of the right of withdrawal. The delivery cost of the product returned due to the right of withdrawal will be covered by the SELLER. In case of exercising this right, the original invoice for the delivered product must also be returned in accordance with tax regulations. If the original invoice is not sent, the VAT and any other legal obligations cannot be refunded to the BUYER.
Within 14 (fourteen) days following receipt of the notification of the right of withdrawal, the price of the product(s) will be refunded by the Seller to the BUYER in accordance with the payment method used for the product payment. Since the reflection of the amount in the BUYER’s account after the refund process is completed by the SELLER is entirely related to the Bank’s processing time, the BUYER acknowledges and declares that the SELLER has no involvement or responsibility for any possible delays.
The SELLER reserves the right to offset, deduct, or reduce the amount to be refunded, as required by contract and law. In cases where the right of withdrawal is possible, the BUYER is legally responsible for any changes or damage that occur if the goods are not used in accordance with their operation, technical specifications, and usage instructions within the withdrawal period. Accordingly, if any changes or damage occur due to the product not being used in accordance with the usage instructions, technical specifications, and operation during the period up to the withdrawal date, the BUYER may lose their right of withdrawal.
ARTICLE 7. DEFAULT PROVISIONS
In the event that the parties fail to fulfill their obligations arising from this Agreement, the provisions of the Turkish Code of Obligations No. 6098 shall apply. If the Seller is unable to deliver the product subject to this Contract within the specified time due to force majeure or extraordinary events such as adverse weather conditions, transportation disruptions, fire, earthquake, or flood that prevent the Seller from fulfilling its obligations, the Buyer acknowledges that the Seller bears no responsibility in such cases and may choose to cancel the order or postpone the delivery until the hindering situation is resolved. If the Buyer cancels the order, the amount paid will be refunded within 10 (ten) days. (In the case of installment purchases made with a credit card, the Buyer accepts the procedure determined by the bank for refunds to the credit card.)
ARTICLE 8 – PROTECTION OF PERSONAL INFORMATION AND PRIVACY POLICY
The SELLER may use the information transmitted to it by BUYERS through the bsc-online.ch website in accordance with the provisions of the “Privacy Policy” and “Website Terms of Use”. It may process this information and store it in a database. The SELLER may also; The BUYER’s identity, address, email address, telephone number, IP address, information about which sections of the bsc-online.ch website they visited, domain type, browser type, visit date, time, etc., may be used for purposes such as statistical evaluation, announcing campaigns, and providing personalized services. Personal information belonging to BUYERS will not be disclosed to third parties, whether natural or legal persons, except at the request of authorities authorized by law and in the cases listed below. The BUYER authorizes the SELLER, its current and future affiliates, subsidiaries, partners, successors, and/or third parties/organizations designated by them, to record, store in written/magnetic archives, preserve, process, update, share, transfer, and use the personal information provided by them for all kinds of promotional, advertising, communication, sales, marketing, store card, credit card, and membership applications, and to contact them via SMS, internet, letter, telephone, etc., unless otherwise specified. If the BUYER wishes to change their data sharing preferences, they can submit this request through the communication channels specified by the SELLER. (bsc-online.ch website)Information entered for membership, product/service purchase, and information updates, as well as confidential credit card and bank card information, is not visible to other internet users. The necessary security measures for the information and transactions entered by the BUYER on the Website have been taken by the SELLER’s system infrastructure, in accordance with current technical capabilities and the nature of the information and transaction. However, since the information is entered from the BUYER’s device, the responsibility for taking necessary precautions, including those against viruses and similar harmful applications, to protect this information and prevent access by unauthorized persons rests with the BUYER.
ARTICLE 9. COMPLAINTS, OBJECTIONS AND OTHER PROVISIONS
The Buyer may submit complaints and objections arising from this Agreement to the consumer dispute arbitration board or consumer court in the place where the product was purchased or where the Buyer resides, within the monetary limits determined annually in December by the Ministry of Customs and Industry. The Buyer acknowledges and declares that they have read all the terms and conditions written in this Agreement and the order-contract pre-information forms (on the Website) which form an integral part of it, and that they are aware of all the matters written in this Agreement and the Pre-Information form, including the basic features and characteristics of the Product(s) subject to sale, the sales price, the payment method, the delivery conditions, all other pre-information and notices regarding the Seller and the Product subject to sale, the right of withdrawal, and the terms of personal information and electronic communication, and that they have seen all of this electronically on the Website and have given their confirmation, approval, acceptance, and consent to all of these electronically, thereby ordering the Product and accepting the terms of this Agreement. The pre-information and invoice on the bsc-online.ch website are integral parts of this Agreement. By placing an order, the BUYER is deemed to have accepted all the terms and conditions of this Agreement. The type and kind of product, quantity, brand/model, color, and the sales price including all taxes are as stated in the product information page on the bsc-online.ch website and in the invoice, which is considered an integral part of this Agreement. The SELLER is not responsible for price update errors due to technical reasons. Both the aforementioned preliminary information and this Agreement are also sent to the email address provided by the Buyer to the Seller, and the confirmation of receipt of the order, along with the order summary, is also included in the said email.
Please Note: Before signing the delivery receipt, please check if your package is damaged during transport. If your package is damaged for any reason, please return the package to the courier for a damage report to be filed without signing any delivery documents. New products will be sent to you immediately by us. bsc-online.ch is not responsible for any damage or missing items in products received with damaged packaging.
All of these terms and conditions are subject to Turkish Law.
