Food Order and Delivery Agreement

1. Parties and subject

This Food Order and Delivery Agreement (the "Agreement") is made between […] (the "Service Provider"), which operates the Eskişehir Sosyal Şehir app and the web business panel attached to eskisehircebinde.com (the "App"), and the business that turns on order-taking in the App's food module (the "Business"). The Agreement is layered on top of the Business Membership Agreement the Business has also accepted and governs food orders only; in case of conflict this Agreement prevails on matters concerning food orders.

• Service Provider: […], […], […]
• Contact: […] / destek@eskisehircebinde.com

The App is installed for one city only; this Agreement covers the food orders placed through the App by the users living in the Eskişehir installation (the "Customer"). There is no separate courier role in the App: the Business both prepares and delivers the order. The Service Provider is a platform that intermediates the order relationship between the Customer and the Business; the sale contract is formed between the Customer and the Business.

2. Opening order-taking and visibility

• The Business turns food order-taking on and off itself with the order intake switch found in the business panel and in the business profile inside the App; no separate approval by the city administration is needed. When the switch is on, the Menu and Orders sections open and the Business appears in the App's restaurant list and food ordering surfaces. The switch cannot be turned on if the city administration has switched the food module off.
• By turning on the switch the Business declares that it holds the licences, permits and registrations required to sell food. The city administration may request these documents; failure to provide them is grounds for closing order-taking.
• For orders to be taken, the Business's record must be approved, the listing gate of the Business Membership Agreement (a running package or an exemption) must be met, the Business must not be in the temporarily closed state and its working hours must be open at that moment. No orders are taken after closing time; the App shows the Customer the next opening time.
• The Business keeps its working hours, delivery fee, minimum basket, address and phone up to date. If during the day it becomes unable to take orders (rush, ingredients, breakdown) it uses the temporarily closed switch; the business page stays visible and only ordering closes.
• Staff accounts see the order board and manage orders; the order switch, menu prices and delivery conditions are changed only by the owner of the Business. Actions taken from a staff account count as taken on behalf of the Business.

3. Menu, prices and delivery conditions

• The Business enters its menu, its options (size, extra ingredients and other priced options) and its prices in the panel itself. Menu prices are VAT inclusive and are the final price shown to the Customer; an amount different from the menu may not be asked for at the door.
• When a discounted price is entered, the order is priced at the discounted price. A product that is not available is marked "not today"; a product left unmarked may enter an order and the Business is bound to prepare it.
• The order amount is computed on the Service Provider's server from the menu at the time of the order, and the product names, options and unit prices are frozen onto the order. A later price change does not affect an order already placed.
• The delivery fee and the minimum basket are set by the Business and shown to the Customer before ordering. A basket below the minimum does not become an order. The order total is the product total plus the delivery fee; no additional charge (service, bag, packaging) may be asked for at the door beyond these.
• The Business accepts that the photographs and descriptions used in its menu are accurate and that it holds the rights to them. Marked differences between the photograph and the product delivered are grounds for a Customer complaint.

4. Order transmission, confirmation and response time

• When the Customer places an order it lands on the Business's board in the Awaiting confirmation state, and the owner and staff of the Business are notified. The order contains the delivery address, the map position if any, the Customer's note, the payment method chosen and the product list with frozen prices.
• The Business must confirm or reject the order within the confirmation window set by the installation. The window is shown as a countdown on the order board of the business panel; the default is ten minutes. When the window expires, the order is rejected automatically by the App and the Customer is told that the business did not respond. Frequently unanswered orders lead to the sanctions in section 11.
• On confirming, the Business states the estimated delivery time in minutes; it is shown to the Customer. The estimate must be reasonable and realistic; estimates that are systematically exceeded are grounds for complaint.
• Rejection is possible only in the Awaiting confirmation state and only with a reason; the reason is shown to the Customer. Acceptable reasons: a product has run out, the address is outside the delivery area, rush, force majeure. Arbitrary rejection based on the Customer's identity, past reviews or chosen payment method is prohibited.

5. Preparation, delivery and status updates

• A confirmed order is moved by the Business through the Preparing, On the way and Delivered states in that order. Every status change goes to the Customer as a notification; the Business updates the states in line with what is actually happening and without delay. Marking an order that has not been prepared as "on the way" counts as a misleading notification.
• Delivery is made by the Business's own employee or its own contracted carrier. The Business is responsible for the choice, insurance, vehicle and traffic obligations, pay and conduct of the person delivering; the Service Provider has no relationship whatsoever with that person.
• The order is delivered to the address and note the Customer wrote, in packaging suited to the nature of the food, so that hot items stay hot and cold items stay cold. The packaging must prevent opening and contamination during transport.
• If the Customer cannot be found at the address, the Business calls the phone on the order and waits a reasonable time. Who bears the amount of an order that could not be delivered because the Customer could not be reached is decided under the sale relationship between the Customer and the Business; the Service Provider neither collects nor covers that amount.
• An order is marked "Delivered" only when it has actually been delivered. That mark opens the Customer's right to review and ends the order; it cannot be undone afterwards.

6. Payment and commission

• Payment is taken from the Customer directly by the Business on delivery. When ordering, the Customer chooses cash on delivery or card on delivery. The App takes no payment for the order, collects no card details and does not collect money on behalf of the Business.
• For an order placed with card on delivery, the Business is bound to have a working POS device at the time of delivery. A Business that cannot accept card payment rejects the order at the confirmation stage for that reason; cash on delivery may not be imposed.
• The Service Provider takes no commission on orders. The Business pays the Service Provider nothing per order or on turnover for the orders it receives through the App. The Business's presence in the App is subject to the package conditions of the Business Membership Agreement, and those packages are independent of orders.
• Giving the Customer a receipt or invoice is the Business's obligation. The Service Provider issues no documents on behalf of the Business. Tax, record-keeping and reporting obligations belong to the Business.
• The order amount shown in the App is the amount the Customer will pay at the door. The Business may not steer the Customer to order outside the App and may not impose an off-App payment link on an order received through the App.

7. Cancellation and rejection rules

Which party may change an order's state is enforced by the App; the options visible in the panel are these rules.

• The Customer may cancel an order only in the Awaiting confirmation and Confirmed states. Once preparation has begun, the Customer has no in-App right to cancel; a request after that stage is resolved between the Business and the Customer.
• The Business may reject an order only in the Awaiting confirmation state and with a reason. It cannot cancel an order it has confirmed from inside the App; it is bound to prepare and deliver the order it confirmed. For an order that cannot be prepared after confirmation, the Business calls the Customer, explains the situation and reports it to the support address; the case is recorded.
• The App automatically rejects an order that is not answered within the confirmation window. That rejection is recorded as the Business's non-response.
• Rejection and cancellation reasons are shown to the Customer; an insulting or discriminatory reason, or one based on the Customer's personal characteristics, is a breach of the Community Guidelines.
• A business record cannot be closed while it has open orders; the open orders must be concluded first.

8. Food safety, hygiene and licences

• The Business alone is bound to comply with food legislation, business registration and approval documents, hygiene rules and labelling obligations. The Service Provider does not inspect the Business's kitchen and gives no confirmation of the food's suitability.
• The Business states the allergens in its products accurately when the Customer asks, and writes the prominent allergens in its menu descriptions wherever possible. An allergen warning the Customer states in the order note must be taken into account; if it cannot be met, the order must be rejected with that reason.
• If the product delivered is spoiled, contains a foreign object or differs from the order, the Business itself directly honours the Customer's rights under consumer legislation (replacement, refund).
• Alcoholic products and products subject to an age limit are sold only to the extent the law allows and under the Business's responsibility; the App performs no age verification.

9. Customer data and KVKK

• With the order, the Business sees the Customer's name, delivery address, map position if any, phone and order note. These data are transferred to the Business solely to fulfil the order.
• With respect to these data the Business is an independent data controller and the KVKK obligations are its own. The Business may not turn these data into a marketing list, may not call or message the Customer for a purpose other than the order, may not transfer them to third parties and may not copy them outside the App. The person delivering is given only the information the delivery needs.
• After delivery is complete, the Business keeps the order data only for the statutory retention period and for that purpose. The order records in the App are kept for the periods stated in the Service Provider's Privacy Policy.
• Messages the Customer writes to the Business inside the App are seen by the owner and staff of the Business; those messages are subject to the same rules.

10. Reviews, complaints and reports

• The Customer may write one review for every delivered order; the review is marked "verified by order", passes moderation and counts towards the Business's rating. The Business may reply to every review once, in the Business's name and publicly.
• The Business may not pressure the Customer to remove a negative review, may not promise a discount in return for a review and may not review itself from its own accounts.
• Customer complaints are sent to destek@eskisehircebinde.com and to the city administration. The city administration sees the order record, its status history and who changed each state, and may ask the Business for an explanation.
• The Business reports an order problem it believes originates in the App (no notification, wrong amount, unreachable Customer) to the same address.

11. Sanctions

In the following cases the city administration may, according to gravity, warn the Business, ask it to turn order-taking off, withdraw its listing exemption or suspend the record under the Business Membership Agreement:

• repeated orders left unanswered or rejected automatically on expiry;
• failure to deliver a confirmed order, or asking for an amount at the door that differs from the menu;
• a verified complaint concerning food safety, hygiene or a missing licence;
• use of Customer data for a purpose other than the order;
• steering the Customer outside the App, fake reviews or review pressure.

A suspended record drops out of the list and can take no orders; withdrawing the exemption leads a Business without a running package to the same result. The Business turning order-taking off with its own switch does not remove its profile; only the menu and order surfaces close. A sanction decision is notified with its reasons, and the Business may object through the same channel.

12. Liability

The Service Provider is not liable for the content of the order, the quality of the food, the delivery time, the acts of the person delivering or disputes between the Customer and the Business. Except in cases of intent and gross negligence, the Service Provider is not liable for orders missed because of an interruption of the App's notification, map or messaging services. The Business meets the claims that Customers, public authorities and third parties direct at the Service Provider on account of its activity under this Agreement.

13. Term, termination and changes

• The Agreement enters into force the moment the Business turns on order-taking and remains in force as long as the business record continues, even while order-taking is off; the Business may turn order-taking off at any time.
• Termination of the Business Membership Agreement also terminates this Agreement. Orders open at the moment of termination are completed under the provisions of this Agreement.
• The Service Provider may amend this Agreement; the amendment is notified in the panel and the Business may be asked to accept again. Continuing to take orders after an amendment counts as acceptance of the new text.

14. Contact and governing law

Notices concerning this Agreement are made to […] and destek@eskisehircebinde.com. The Agreement is governed by the law of the Republic of Türkiye; the courts and enforcement offices at the Service Provider's place of domicile have jurisdiction over disputes. Customers' rights to apply to consumer arbitration committees and consumer courts are reserved, and the respondent to such applications is the Business as the seller.