DISTANT SALES AGREEMENT
The following definitions and abbreviations contained in this www.bioterraorganics.com Distant Sales Agreement ("Agreement") shall have the meanings indicated next to them.
TERRA ORGANİK TARIM KOZMETİK SAN. TİC. A.Ş.: TERRA ORGANİK TARIM KOZMETİK SAN. TİC. A.Ş., which is located at the address of Halaskargazi Mah. Rumeli Cad. Kaya Ap. Blok No:9B Şişli İstanbul, (Phone Number: +…………….., E-Mail: [email protected] ),
INFORMATION ABOUT THE SELLER:
TERRA ORGANİK TARIM KOZMETİK SAN. TİC. A.Ş. (“TERRA”)
Halaskargazi Mah. Rumeli Cad. Kaya Ap. Blok No:9B Şişli İstanbul
The Buyer: The real person who is a member of www.bioterraorganics.com (hereinafter referred to as the ‘‘website’’) and/or purchases the goods/products that can be sold by TERRA on the website, whose name-surname and contact information are included in the order to be placed via the website, and whose information is included on the front side of the invoice to be issued by TERRA.
INFORMATION ABOUT THE BUYER:
Name and Surname:
Goods/Product: The goods/products, whose kind and type, quantity, colour, sales price including all taxes, payment method and similar matters and information are specified on the goods/products description page available on the website www.bioterraorganics.com, and on the invoice which constitutes an integral part of this Agreement.
Website: www.bioterraorganics.com, all legal rights of which are owned by TERRA.
2. Subject Matter of the Agreement
The subject matter of this Agreement is the determination of the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers numbered 6502 and the Regulation on Distant Sales Agreements regarding the purchase of the goods and products which may be sold by TERRA via the website by the Buyer in the electronic environment from the www.bioterraorganics.com belonging to TERRA.
3. Price and Payment
The price of the goods/products chosen by the Buyer is included in the information e-mail received at the end of the order and in the invoice delivered to the Buyer.
The payment of the price for the goods / products subject to the order can be made by bank transfer in accordance with the procedure created by the Buyer on the website and verified in the electronic environment, or by debit / credit card by collecting the total of all goods / product prices in a lump sum from the debit / credit card whose information will be provided by the Buyer in electronic media. For payments by credit/debit card, in case of failure to obtain approval from the credit/debit card centre of the banks, the purchase transaction shall be deemed not to have been completed. For payments made by bank transfer, the name of the Buyer shall be indicated in the money order.
The goods/products subject to the order shall be delivered to the Buyer or the person living with the Buyer or the permanent employee to be authorised by the Buyer, provided that they submit a photo and official identity document, to the address defined by the Buyer while becoming a member of the website or during the order, within thirty days at the latest, in such a way that the expense of the cargo / courier is borne by the Buyer. TERRA shall not be held responsible for delays that may arise from the failure of the persons authorised by the Buyer to accept delivery of the goods/products, the address specified in the electronic order form and website membership pages has not been provided correctly or completely or the change has not been notified by the Buyer and other similar reasons.
The costs of delivery of the Goods shall be borne by the Buyer, unless otherwise stipulated. In case the Seller has declared on the Website that the delivery costs shall be borne by the Seller, the delivery costs shall belong to the Seller.
5. Right of Withdrawal
The BUYER shall have the right to withdraw from the agreement within fourteen days from the delivery of the product/products without providing any justification and without paying any penal clause pursuant to the following provisions.
5.1. It is sufficient that the notification of the exercise of the right of withdrawal is addressed to TERRA within fourteen days from the delivery of the product. The BUYER has been informed about the right of withdrawal during the establishment of this agreement and this agreement is an informative document.
5.2. The right of withdrawal period shall commence on the day the BUYER receives/is deemed to have received the product. However, the BUYER shall be entitled to exercise the right of withdrawal also within the period from the conclusion of the agreement until the delivery of the products.
5.3. The product/products to be returned due to the exercise of the right of withdrawal shall not be damaged or defective as a result of a misuse. The product to be returned shall be sent together with all accessories and original packaging and box.
5.4. The BUYER may use the form available on the website in order to exercise the right of withdrawal, as well as make an explicit statement stating the decision to cancel the purchase. In order for the BUYER to fill out this form or to submit the declaration of withdrawal, the form that can be obtained through the website shall be filled out and the form and the products to be returned shall be forwarded to the address of TERRA, which is specified above. The burden of proof regarding the exercise of the right of withdrawal shall belong to the BUYER. The BUYER shall be obliged to send the product back to TERRA within ten days from the date of the notification which states that the BUYER has exercised the right of withdrawal.
5.5. TERRA shall be obliged to refund to the BUYER the entire amount collected, including the costs, if any, related to the delivery of the product to the consumer, within fourteen days from the date of receipt of the notification that the BUYER has exercised the right of withdrawal in accordance with this article.
6. Circumstances Where the Right of Withdrawal cannot be Exercised
6.1. The BUYER cannot exercise the right of withdrawal in agreements for the following goods and services:
a) Agreements for goods or services, the prices for which are subject to fluctuations in financial markets and are not under the control of the seller or provider.
b) Agreements for goods that are tailor-made according to the wishes or personal needs of the consumer.
c) Agreements for the delivery of goods that are perishable or whose expiration date may be exceeded.
d) Agreements regarding the delivery of goods the protective elements of which have been unsealed after delivery, such as packaging, tape, seal, package, and thus the return of which is not suitable in terms of health and hygiene.
e) Agreements relating to goods which are mixed with other products after delivery and which, by their very nature, cannot be re-separated.
f) Agreements for books, digital content and computer consumables offered in tangible media in the event that the protective elements such as packaging, tape, seal, package are opened after delivery of the goods.
g) Agreements for the delivery of periodicals such as newspapers and magazines, with the exception of those provided under a subscription agreement.
h) Agreements for accommodation, transportation of goods, car rental, procurement of food and beverages, and leisure time for the purpose of entertainment or recreation, which are required to be concluded on a specific date or period.
i) Agreements for services performed instantly in electronic media or for non-material goods that are delivered to the consumer instantly.
j) Agreements for services that are started to be performed with the consent of the consumer before the expiration of the period of the right of withdrawal.
6.2. For payments made by Credit Card, the refund amount shall be returned to the credit card used and TERRA shall not be held responsible for delays originating from banks.
The refund of the shopping made by EFT / Money Order payment shall be made to the IBAN number entered into the system by the BUYER when the return / cancellation request is initiated via the website. It shall be the responsibility of the BUYER to ensure that the IBAN number is complete and accurate.
6.3. The provisions of the tax procedure law and regulations are reserved in the return of the Product / Goods and the BUYER and SELLER shall be obliged to comply with these provisions.
7. General Provisions
7.1. The Seller shall be responsible for the delivery of the goods/products in sound condition, complete, in accordance with the specifications stipulated in the order and together with the warranty documents and user manuals, where applicable. The buyer shall inspect the goods/product subject to the agreement before receiving it and shall not accept to receive any damaged and defective goods/products such as crushed, broken, torn packaging, etc. from the cargo/courier personnel. It shall be accepted by the Buyer that the delivered goods/products are undamaged and sound. The obligation to protect the goods/product meticulously after delivery shall belong to the Buyer. In the event that the right of withdrawal is to be exercised, the goods/products shall not be used in any way, the packaging of the packaged goods/products shall not be opened and the invoice issued by TERRA shall be preserved since it will also be returned.
7.2. TERRA shall be entitled to supply a different Product of equal quality and price to the Buyer by informing the Buyer before the expiry of the period for delivery obligation that it fails to fulfil its obligations under the order and this Agreement upon the impossibility of delivery of the goods/product subject to the order.
7.3. In order for the goods/product subject to the order to be delivered, the price shall have been paid by the Buyer in the form of payment preferred by the Buyer (money order or bank credit card single payment). In the event that the price of the goods/products is not paid or is cancelled in the bank records for any reason, TERRA shall be deemed to be released from the obligation to deliver the goods/products without the need to execute any further procedure.
7.4. The name, surname, title, address and contact information and similar information provided by the Buyer when registering as a member of the website and/or creating an order in the electronic environment via the website shall be regarded as the Buyer information regarding this Agreement. Therefore, the Buyer shall be solely responsible for the accuracy and correctness of all information.
7.5. Pursuant to the provisions of the Law on the Protection of Consumers numbered 6502 and the Regulation on Distant Sales Agreements numbered 29188, the Buyer hereby acknowledges, declares and undertakes that he/she has received all preliminary information such as the qualities of the goods/product subject to sale, the sales price, he/she is generally informed about the right of withdrawal, delivery issues, that he/she has confirmed this preliminary information in the electronic environment, that by confirming the Preliminary Information Form and this Agreement in the electronic environment, he/she has correctly and completely obtained the address, basic qualities of the goods or service ordered, the price of the goods or service including taxes, payment and delivery and delivery price information which must be given to the Buyer by the Seller before the conclusion of the distant sales agreements, that he/she has accepted the order conditions and this Agreement, and that the Preliminary Information Confirmation Form and the invoice issued by TERRA, which he/she has confirmed, constitute integral parts of this Agreement.
7.6. The Buyer hereby further acknowledges, declares and undertakes that the goods/products offered through the website are not intended for commercial use and are not allowed to be purchased by the Buyer for retail sale.
8. Force Majeure
8.1. General mobilisation, strikes, earthquakes, floods, failures/interruptions that may occur in the hosting, logistics, transport and database of the seller, product prices appearing different from the actual price due to system failures and other similar reasons shall be deemed as force majeure. In such cases, TERRA may unilaterally refrain from fulfilling its obligations under this agreement without paying compensation by refunding the amounts that have been paid to it.
8.2. In the event that force majeure lasts for more than 20 days, the BUYER shall have the right to unilaterally cancel this agreement and demand the refund of the price.
9. Termination of the Agreement
9.1. TERRA shall be entitled to terminate the agreement unilaterally and without paying any compensation in the events that the ordered products are not in stock, the BUYER fails to fulfil its payment obligations and delivery cannot be performed to the address of the BUYER specified in this agreement. In these cases, TERRA shall refund the product price to the BUYER through the same payment method if any payment has been made by the BUYER beforehand.
9.2. In the event that the agreement is terminated because of the fault of the BUYER, the delivery costs shall belong to the BUYER.
9.3. In the event that the payment obligation has not been duly fulfilled in full and complete by the BUYER, TERRA shall reserve the right to terminate this agreement and refrain from delivery of the goods.
10. Notices and Evidence Agreement
BUYER and TERRA irrevocably acknowledge, declare and undertake that the commercial books, records and documents and computer and fax records, microfilms, e-mail correspondence of TERRA shall be deemed to be conclusive evidence in accordance with the Article 193 of the Code of Civil Procedure in case of any dispute arising/may arise between the PARTIES.
11. Dispute Resolution
The Provincial or District Arbitration Committee for Consumer Problems located in the place where the Buyer purchases the product or where the Buyer legally resides shall be competent in disputes arising out of or related to this Distant Sales Agreement up to the value announced by the Ministry of Customs and Trade every year, and the Consumer Courts shall be competent in disputes exceeding the said value.
The address of the Buyer in the order in electronic media and/or on the member pages on the website shall be deemed as the legal notification address. The Buyer shall be obliged to notify TERRA in writing of any changes in his/her name, address, and other similar information. In the notifications and submissions to be made to the Buyer by TERRA, the address and/or e-mail address specified in the order and/or member pages in the electronic environment shall be used. In the event that the Buyer does not notify TERRA in writing of any changes in his/her contact information, TERRA shall not be held responsible in cases of delay, loss, non-receipt, etc., and notifications and deliveries made to the addresses specified in his/her order in electronic media and/or on the website member pages shall be deemed to have been legally delivered/notified to the Buyer.
TERRA shall not be held responsible for delays caused by the fact that any notifications and dispatches made to the Buyer fail to reach the Buyer on time or never due to external factors such as delays and losses in the post office or due to the absence of the Buyer at the address.
This Agreement, which consists of 13 (thirteen) articles, has been read by the parties and concluded and entered into force upon approval by the Buyer in the electronic environment.