Terms and Conditions

I. General Information


1. These rules set out the conditions applicable to orders made through Kipa Kapımda website available at http://Kapimda.Kipa.com.tr.


2. Every user using the Website must comply with the provisions defined in these rules. The rules described below should be thoroughly read before signing up or using the Website.


3. The terms used throughout this document are defined as follows:


1.    Website: An Internet-based platform available at http://kapimda.kipa.com.tr consisting of graphical interface elements and software used in order to provide Users with online services (i.e. completing an order). The Products offered as part of the Kipa Kapımda service are displayed on the Website.


2.    Order: The list of products which contains the products that the Buyer wants to purchase and is sent to the Seller via the application available at the Website by the Buyer


3.    Seller: The organization that operates and maintains the Website, i.e. Tesco Kipa Kitle Pazarlama Ticaret Lojistik ve Gıda Sanayi A.Ş. – Yeni Havaalanı Cad. No: 40 35610 Çiğli İzmir


4.    Buyer: The real person aged 18 years or older who placed the order, …………………………….


5.    User: Any real person using the Website


6.    Products: The products that the Seller displays on the Website, the Buyer can choose from to place an order and purchase when delivered by the Seller


7.    Price: The gross price of the products excluding Delivery costs, as shown next to the product information. The prices are in Turkish Lira and VAT is excluded. The prices shown on the Website are for information only and reflect the store prices applicable on the current day. The final prices of the products are based on the prices of the delivering store applicable on the day of delivery.   


8.    Delivery Costs: Fees charged for delivering the products the Buyer. Such costs are displayed on the Website while the Buyer places an order for the Products.


 

9.    Picking Costs: Costs associated with picking the ordered products from any site or stores.  Picking Costs are independent from costs that the Buyer incurs during travelling to and from the Site. Picking Costs are displayed on the Website while the Buyer places an order for the Products.


10. Site: Refers to the stores operated under the name of “Kipa” by the Seller, where the products are delivered 


11.  Account: The individual User account that is created upon sign-up process, used by the User in order to place orders and manage the user information provided during sign-up


12. Member Username: The e-mail address provided by the Buyer during sign-up process is used as the username when logging on the Website


13. Offer: The document that is supplied on the delivery site by the Seller and lists all Products ordered as well as the final prices at which the Buyer can purchase the Products



II. Website


1. The following is required for the User to use the Website:

1.  Broadband Internet connection

 

2.   A web browser supporting CSS and Javascript (Explorer version 8 or higher, Google Chrome version 15 or higher, Mozilla Firefox version 7 or higher and Opera version 11 or higher)

 

3.  Cookie support should be enabled

 

4.  Pop-up windows support should be on  

 

5.  Microsoft Windows 7 or Microsoft Windows Vista operating system

 

6.  Active e-mail account

 

2.  The User should use the Website according to its intended use and avoid any actions that would impact the proper operation of the site. These actions especially include:

1.  Intervening use of Website by other Users, including preventing other Users to use the Website


2.  Intervening in the content or technical nature of the Website


3.  The Seller is committed to improve the operational quality of the Website. However, the Seller recognizes the possibility that errors or technical issues could emerge that affect the proper use of the Website. In case of such a failure, the User shall report it to the Seller via Hotline. The Seller shall demonstrate reasonable efforts to restore the normal operation of the Website without delay.

 

4.  The Seller reserves the right to restrict or completely prevent Users access to Website without notice in order to improve or maintain the Website.

 

5.  Kipa Kapımda shall not be responsible for the following situations:

1.  Interruptions in the operation of the Website due to force majeure or unauthorized interventions of Users/Buyers directed at the Website

 

2.  Incompatibilities with the Website due to the hardware and software or Internet connection of the Users

 

3.  Technical difficulties including errors and failures occurring during connection to the Website

 

6.  The Product pictures shown on the Website are for information only; they are exclusively used for displaying Products and slightly differ from real appearances of the Products. The pictures and descriptions below each Product are supplied by the manufacturers or distributors or provided by the Seller.

 

7.  The whole content of the Website, including brands, pictures, definitions, applications, etc., is legally protected. Any partial or complete use of the content shall mean a violation of the laws.

 

8.  The Seller displays only sample products to the User on the Website. The Buyers will be able to see the products that they can order after logon.


III. Registration


1.    Completion of the order is restricted to the defined territory within the Republic of Turkey. The Products can be delivered to the Users on the delivery sites only if the address supplied during registration is located within the territory where the Seller operates 

 

2.    If the address provided by the User is currently outside the Seller's service territory, the User shall be able to request the relevant address to be included in the Seller's service territory in the future.

 

3.    Order completion and purchase of the Products are only possible if the Buyer provides necessary information and appropriately completes the registration form. (For example, the Buyer's name, surname, open delivery address, phone number, e-mail address (thereafter the Member Login will be used), installation password as well as the confirmation that the information on the Rules has been received.)

 

4.    If the Buyer is a member of the Clubcard Loyalty Program operated by the Seller, she/he can provide the Clubcard number during registration in order to earn credits in individual Clubcard account from purchases conducted using Clubcard according to the Program rules. Upon completion of the registration process, the Buyer can provide the Clubcard details using the Hotline or the online “My Account” option.

 

5.    If changes occur in the information provided by the Buyer during registration, the Buyer should update the related information using the Hotline or the “My Account” tab on the Website after logging into the Account. The address, phone number, Clubcard number and the communication preferences for marketing can be changed on the Website. Other information can only be changed via Hotline.

 

6.    The Buyer should contact the Hotline in order to remove their Account from the Website.

 

7.    The registration process can be completed only once. Following Orders can be placed after logging in the Website Account entering the Username and defined password.

 

8.    Username and password are private. The User who places the order assumes the sole responsibility for any potential actions due to the disclosure of the Username and password to third parties.

 

9.    The Seller reserves the right to terminate the account of the Buyer anytime without notice or providing any reason if:

 

1.    The Seller has reasonable doubts that the Buyer violates the provisions set out in these Rules.

 

2.    The Buyer intervenes in the portions of Website which she/he is authorized to access or the Buyer causes instability in the operation of the Website regardless of the technique and method of related actions.

 

10. The Seller cannot be held responsible for the following actions conducted by the Buyer and their consequences.

 

1.    Providing inaccurate or missing information or not updating information.


2.    Causing the username and password to be obtained by third parties.

 

IV. Ordering

 

1.  The Seller does not guarantee availability for the Products displayed on the Website.

 

2.    When the Products ordered by the Buyer are not available, during the delivery the Seller will offer other products similar to the initially ordered Products in terms of nature and price. During the delivery, equivalent Products shall be distinguishable from the ordered Products and the Buyer shall have the right to partially or completely reject the delivery of equivalent Products offered by the Seller. When the Buyer previously provided the details of the credit card which will be used for online payment, the Buyer's payment credit card will not be charged for the rejected products (value). 

 

3.    The prices specified on the Website are for information only and represent the prices applicable on that day. The prices of specific products may differ from the Prices shown on the Website due to changes in the costs of products, small differences in the weights of products sold in bulk or delivery of equivalent Products for unavailable Products.

 

4.    The Buyer can order up to the following amount in a single order:

 

1.    24 pieces for each product (for pre-packaged products) or

 

2.    24 kg per product (for bulk products).

 

3.    The Seller-defined number of piece and weight for a specific product or group of products, in addition to the amounts specified above

 

In case the Buyer reaches or exceeds the limits of order, maximum number of pieces and weight will be displayed in the order.

  

5.    If Unpackaged Products are ordered, the Seller reserves the right to deliver the Products in different weights. However, this weight difference cannot exceed +/- 10%. 

 

6.    When applicable considering the nature of the Products whose prices are determined based on their unit weights, the Seller will deliver the requested number of products if the Buyer places an order for such products based on number of pieces rather than weight. In this case, the price will be determined according to the total weight of the requested number of such Products. 

 

7.    The Buyer can place an order only after signing in their Website Account. The Seller confirms the Order by sending an e-mail to the email address provided by the Buyer during registration. The Order will remain accessible (visible) for 2 years after it is placed from the Buyer's Account.

 

The Buyer can cancel or modify the Order via Hotline or the Website after signing in their Account. Cancelled or modified orders will be confirmed by the Seller if such processes are completed by the Buyer until 11:00 PM on the day preceding the delivery day of the Products. Only ordered products can be modified, the payment method or time of delivery cannot be changed. Kipa Kapımda will issue an Invoice for the order and supply it to the Buyer during the delivery.    

8.    Delivery Costs are not included in the Product Prices. Delivery costs can change depending on the day of the week or the time of delivery. The details of the delivery costs will be presented to the Buyer right after the details of the order are determined at the Website.

 

9.    The Seller reserves the right to double-check the details of the Buyer. (For example, checking via phone.)

 

10. If the Prices of the delivered Products are higher than those specified in the Order confirmation, the Buyer has the right to not purchase the related Products during delivery. When the Buyer previously provided the details of the credit card which will be used for online payment, the Buyer's payment credit card will not be charged for the rejected products. 

 

11. The agreement between the Seller and Buyer for the sale of products shall be completed provided that the ordered Products are delivered by the Seller on the site specified by the Buyer and the Buyer accepts to purchase the related Products based on the Prices specified on the Offer presented at the time of delivery. The Website allows only order creation, and the sale agreement will be completed upon delivery and approval of the Products listed on the Seller's Offer and Order.

 

12.  The Seller Kipa reserves the right to not complete the Order if it has reasonable doubts that the Products were ordered in a manner violating the provisions laid down in these Rules.


V. eCoupons


1.    The Buyers who receive an eCoupon code can reduce the amount of shopping payment entering this code to the payment section on the Website when she/he reaches the minimum spending amount shared previously.

 

2.    The Seller can send the eCoupons in electronic format or as hardcopies.

 

3.    Additional terms and conditions of use such as the term, limitations and merging of eCoupons will be printed on the eCoupon.

 

4.    By using eCoupons the Buyer is assumed to have accepted http://kapimda.kipa.com.tr Website Rules.

 

5.    Seller's eCoupons are only valid in Turkey.

 

6.    During delivery, when the Products are returned eCoupon will not be valid if the spent amount is below the eCoupon threshold. This provision is not applicable to the return of unwanted substitute products, quality claims or the products whose prices at the time of delivery are higher than the prices at the time of order.

 

7.    When Products are returned to the Customer Services on the Site, the value of eCoupon will be deducted from the amount repaid to the customer if the spent amount (excluding eCoupon) is below the eCoupon threshold. This provision is not applicable to the return of unwanted substitute products, quality claims or the products whose prices at the time of delivery are higher than the prices at the time of order.

 

8.    eCoupons cannot be sent to other users via direct mail. eCoupons sent this way will be cancelled by the Seller.

 

9.    eCoupons cannot be exchanged for cash or other services.

 

10. The Seller has the right to limit the product range for which the eCoupons can be used. Such limitations will be published with the eCoupons.

 

VI. Protection of Personal Data


The rules related to processing personal data are laid down in the “Confidentiality Policy” which is an integral part of these Rules.

 

VII. Delivery


1.    The Seller delivers Products only to its service territories. These territories can be checked by clicking the “Check availability of service” link and entering related district and site information.

 

2.    The Buyer can create orders around the clock every day of the week. The Seller reserves the right to determine days when orders cannot be placed upon prior notice on the Website.   

 

3.    If the Buyer requests the Order be completed within next day the Buyer is required to place the order no later than 11.00 a.m.  

 

4.    Deliveries are done 7 days a week between 07.00 a.m. - 10.00 p.m.

 

5.    The Seller will demonstrate reasonable efforts to complete the Order at the agreed date and time. However, the Seller is not responsible for delays caused by force majeure.

 

6.    For sale of limited quantity products sold as part of a promotion or discount, Order completion depends on the product availability of the Seller. The Seller reserves the right to complete the Order when the inventory of Products sold as part of promotion or discount is depleted.

 

7.    The Buyer shall provide the delivery address during Website registration. This address can be changed later under “My Account” tab.

 

8.    The value of Orders created for the same delivery address by more than one Buyer will not be merged.

 

9.    The Seller reserves the right to check the age of the person receiving the Products. The Seller reserves the right to reject delivering products if it is determined that this person is under 18 years of age and there is no other person to receive the products.

 

 

10.  The Seller delivers the Products along with the Offer, sale document (invoice) and a copy of the withdrawal form from the agreement for sale. The details of the Buyer required for issuing an invoice (company name, tax identification number, company address, etc.) should be entered into the “Leave your message” field under the “Save space” section on the Website.

 

11. If, at the delivery time, the Buyer is not present at the delivery site as shown in the Order, Sales representative shall leave a note at the door of the Buyer stating that the product delivery could not be completed since the Buyer was not available. If the Buyer was only temporarily absent and the Seller has not yet returned to the Site, the Buyer can contact the Hotline requesting that the Sales representative to be redirected. If the Sales representative already returned to the Site, the Order will be cancelled.

 

12. The Seller reserves the right to reject making any further deliveries to the Buyer if the Buyer places Orders more than once and is each time absent at the delivery address and therefore the Offer could not be presented or if the Buyer places Orders more than once and rejects each time all of the Products within the offer and therefore the sale agreement could not be fulfilled.  

          

13. Products can be received from Sites whose products are marked with “Come and Pick-up”. During order creation, the Buyer can choose from home delivery or Site delivery. If Site delivery service is available on the Site which will complete the Buyer's Order, information on this service will be shown on the Website.

 

14. In case of Site delivery, the Buyer will choose one of the time periods of two hours on the Website. The Buyer is responsible for coming and picking up the Products within this selected time period. If the Products are not received within the selected time period, the Order will be cancelled.

 

15. If the Buyer chose online payment, she/he is required to present the order number, credit card and an id card with picture at the delivery point. The Products can only be received by persons of full age.

 

VIII. Terms and Conditions of Payment


1.    The Buyer can choose one of the following payment methods:

 

1.  Online - via the following bank/credit cards: Visa, Visa Electron, MasterCard and Maestro cards issued by banks within Visa Master ……………... If the card is rejected, we request our customers to contact the bank issuing the card and check the function of the card.

 

2.  Payment on Delivery    - via the following bank/credit cards:  Visa, Visa Electron, MasterCard, Maestro and American Express

2.    If the Buyer wants to pay online, pre-authorization for the payment card will be received at the time of Order creation on the Website. Tesco Kipa reserves the right to require pre-authorization for amounts not higher than 6 TL. For the full amount of order credit card confirmation will not be made before the day when the Order is completed and delivered. The final amount of the transaction will be charged from the customer's bank account after considering possible product returns.

 

3.    The Buyer's payment card details will be decoded in order to minimize the risk of unauthorized access to such details.

 

4.     If the Buyer provided their Clubcard number (during registration or provided later via Hotline as described in article III-4), the Clubcard credits earned in accordance with the rules of the Clubcard program will be added to the Clubcard account at the time of payment.

 

IX. Right of Withdrawal from Sale Agreement


1.   The Buyer is entitled to withdraw from the sale agreement with a written notice within 10 days after the delivery of the Products on the delivery day without stating any reason. The right of withdrawal is valid if such notice is sent before the last day.

 

2.   The Buyer must add the document that proves the Products were purchased to the appendix of the notice described in article 1 above.

 

3.   The Buyer shall return the Products immediately (no later than 14 days) to the Tesco Kipa store from which they were purchased (the address of the Site is shown on the cash voucher or Invoice).

 

4.   Only those complete Products within unopened package, showing no signs of use can be returned. Products sealed by the manufacturer cannot be returned if their package (folio, etc.) or protective seal is removed.

 

5.   The right of withdrawal from sale agreement cannot be used for the following products:

 

1.  Audio and visual records and data recorded on the media whose original package has been opened by the customer

2.  Newspapers and magazines

3.   Food products whose shelf-life gets shorter if the right of withdrawal is used

6.   When the right of withdrawal from sale agreement is used, both the Seller and the Buyer shall return everything exchanged as part of the completed sale agreement.

 

7.   The Buyer shall receive repayment without delay for the returned products. The amount that can be returned shall be determined according to the Prices on the cash voucher/invoice.

 

8.     If the Buyer provided their Clubcard number (during registration or provided later via Hotline as described in article III-4), the amount of Clubcard credits corresponding to the Clubcard credits earned through purchase of the returned Products will be removed from the Buyer's Clubcard account as a result of returned products.

 

9.     The right of withdrawal from sale agreement shall not constitute a waiver of Buyer's those rights related to the manufacturer's warranty and Seller's responsibility emerging as a result of Products not meeting the specifications defined in the sale agreement.

 

X. Complaints

 

1.    The Buyer can inspect the Products in the presence of the Sales representative before receiving the Products. The Seller recommends the Buyer not to receive damaged products.

 

2.    If the Products do not meet the specifications in the sale agreement, the Buyer is entitled to file a complaint at any Site upon returning such products.

 

3.    For the complaint to be taken into account, the Buyer must return the Products along with the proof of purchase to the Site.

 

4.    If there are food products, the complaint stating that the Products do not meet the specifications in the sale agreement can only be taken into account by the Seller if such complaint is submitted immediately upon learning that the Products do not meet the specifications and no later than 3 days in any case after the delivery date.

 

5.    The complaint will be assessed within 14 days after it is submitted by the Buyer. The information on whether the complaint was accepted or rejected will be provided to the Buyer by e-mail or phone.

 

6.    If the complaint is accepted, the Buyer shall receive refund by contacting the related Kipa store after they receive information that the complaint was accepted.

 

XI. Final Provisions

 

 

1.    If not amicably resolved by the parties, all disputes arising out of completion of the Order shall be settled by the ……İzmir……………………… courts. 

 

2.    The Seller reserves the right to modify these Rules. Such changes shall not eliminate the Buyer's rights resulting from orders placed before these changes come into effect. The changes related to these Rules will come into effect 14 days after being published on the Website. The Seller will inform the Buyer of such changes by sending an e-mail, containing the changed Rules. If the Buyer does not accept the changes, they must inform the Seller by clicking “I do not accept the changes to the Rules”. This notice is also interpreted as a request of the Buyer for removal of their Website Account.

 

3.    These rules are also published in English at the Website. In case of discrepancies between the Turkish and English versions, the Turkish version shall prevail.

 

XII. Communication

 

If you have questions, doubts or comments you can contact us via Hotline or Kipakapimda (bilgi@kapimda.kipa.com.tr) mail address.