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ARTICLE 1 – PARTIES
SELLER INFORMATION
Commercial Title: Sultançiftliği Tarım İşletmeleri A. Ş. (referred to as “Malva Permaculture Farm” in this agreement)
Phone: 0212 710 10 15
Order E-Mail: info@malvaculture.com
Information E-Mail: info@malvaculture.com
Address: Çamurdere Mevkii Cad. No.71C Alipaşa Mah. Silivri-Istanbul
BUYER INFORMATION
Name – Surname: {BUYER_FULL_NAME}
Customer Address: {BUYER_ADDRESS}
Phone: {BUYER_PHONE}
E-Mail: {BUYER_EMAIL}
ARTICLE 2 – SUBJECT AND SCOPE OF THE AGREEMENT
This Distance Sales Agreement (“Agreement”) is regulated in accordance with the Law on the Protection of Consumers and the Regulation on Distance Contracts. The parties to this Agreement acknowledge and confirm that they are aware of and understand their obligations and responsibilities under the Law on the Protection of Consumers and the Regulation on Distance Contracts. The subject of this Agreement is the sale and delivery of goods/services with the characteristics specified in the Agreement, based on the electronic order made by the Buyer for the products of the Seller through the websites of Homes and Seasons or other related domains (“Website”), and the determination of the rights and obligations of the parties in accordance with the Law on the Protection of Consumers and the Regulation on Distance Contracts.
ARTICLE 3 – BASIC CHARACTERISTICS AND PRICE OF THE GOODS SUBJECT TO THE AGREEMENT
The type, quantity, brand/model, color, the total sales price including taxes, and delivery information of the product/products are as follows:
PRODUCT NAME QUANTITY SALES PRICE (INCLUDING VAT) {PRODUCTS}
Total Product Price (Excluding Shipping): {EXCLUDING_SHIPPING_ORDER_AMOUNT} Shipping Fee: {SHIPPING_COST} Total Order Amount: {INCLUDING_SHIPPING_ORDER_AMOUNT} Order Date: {CURRENT_DATE} Payment Method and Plan: {PAYMENT_METHOD} Payment Terms Applied: The interest rate used in the installment calculation: 0% or corresponding to the installment amount selected. Shipments will be initiated within 7 business days following the order. The shipment can be completed within thirty (30) days. Delivery Address: {BUYER_ADDRESS} Name – Surname: {BUYER_FULL_NAME} Customer Address: {BUYER_ADDRESS} Phone: {BUYER_PHONE} E-Mail: {BUYER_EMAIL} Invoice Address: {INVOICE_ADDRESS} Company/Individual Name: {INVOICE_FULL_NAME} Tax Office: {SPECIALAREA_TAXOFFICE} Tax Number: {SPECIALAREA_TAXNUMBER} Turkish ID Number: {SPECIALAREA_TCID} ARTICLE 4 – DELIVERY AND DELIVERY METHOD The Agreement becomes effective upon the Buyer’s approval, and it is fulfilled upon the delivery of the Goods/Services purchased from the Seller to the Buyer. The Goods/Services will be delivered to the person(s) at the address specified by the Buyer in the order form and this Agreement. ARTICLE 5 – DELIVERY COSTS AND PERFORMANCE The delivery costs of the Goods/Services belong to the Buyer. If the Seller has stated on the website that the delivery costs will be covered by the Seller, the delivery costs will be borne by the Seller. The delivery of the goods will be made within the promised period after the payment has been made, provided that the Seller has the product in stock. The Seller will deliver the Goods/Services to the Buyer within 30 (thirty) days from the date of the order. If, for any reason, the payment for the Goods/Services is not made by the Buyer or the payment is canceled in the bank records, the Seller will be released from the obligation to deliver the Goods/Services. ARTICLE 6 – BUYER’S STATEMENTS AND COMMITMENTS The Buyer declares that they have read and understood the basic characteristics of the product, its price, payment method, and delivery information provided by the Seller on the website, and that they have confirmed the necessary information electronically. Buyers, in their capacity as Consumers, may submit their requests and complaints through the communication channels provided by the Seller’s contact information above. By electronically confirming this Agreement and the Preliminary Information Form, the Buyer acknowledges that they have correctly and fully obtained the necessary details, including the address, the basic characteristics of the ordered products, their price including taxes, and the payment and delivery information, which the Seller must provide to the Consumer before the conclusion of the Distance Contracts. If the Buyer accepts damaged, broken, or defective Goods/Services from the delivery company before inspecting the Goods/Services, the responsibility will rest entirely with the Buyer. The Goods/Services will be deemed to be undamaged and intact if accepted by the Buyer from the delivery company. After delivery, the responsibility for the Goods/Services and any damages will be with the Buyer. If, after the delivery, the Buyer’s credit card is used by unauthorized persons in an unlawful or unauthorized manner, and the relevant bank or financial institution does not pay the Seller the price of the Goods/Services, the Buyer must return the Goods/Services to the Seller within 3 (three) days, provided that they have received the Goods/Services. In this case, the delivery costs will be borne by the Buyer. ARTICLE 7 – SELLER’S STATEMENTS AND COMMITMENTS The Seller is responsible for delivering the Goods/Services that are in accordance with the Consumer Legislation, complete, intact, and compliant with the characteristics specified in the order, and if applicable, with warranty certificates and user manuals to the Buyer. If the Seller cannot deliver the product within the specified time due to force majeure or extraordinary situations preventing delivery, the Seller must inform the Buyer as soon as possible. In such a case, the Buyer may choose to cancel the order, request a replacement with a similar product, or delay the delivery until the hindering situation is resolved. If the Buyer cancels the order, the paid amount will be refunded within 10 days. If the Goods/Services are to be delivered to a person other than the Buyer, the Seller is not responsible if the person refuses to accept the delivery. ARTICLE 8 – RIGHT OF WITHDRAWAL The Buyer has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the Goods or signing of the contract, without any legal or criminal responsibility and without providing any reason. The Seller undertakes to take back the Goods upon receiving the withdrawal notice. The withdrawal notice and other contract-related notifications can be sent to the Seller using the communication channels provided above. To exercise the right of withdrawal, the Buyer must notify the Seller in compliance with the applicable legal provisions within this period. If the right of withdrawal is exercised: a) The product delivered to the Buyer or to a third party designated by the Buyer must be returned unused and undamaged. b) The product’s box, packaging, and any standard accessories or other promotional items, if provided, must be returned intact and undamaged. The product price will be refunded to the Buyer within 10 (ten) days after the withdrawal notice. The original invoice presented to the Buyer upon delivery must also be returned. If the original invoice is not returned, VAT and other legal obligations cannot be refunded. The return shipping fee is the Seller’s responsibility. The invoice must be completed and signed by the Buyer when returning the product. ARTICLE 9 – CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED The right of withdrawal cannot be exercised in the following cases: a) Contracts for goods or services whose price depends on fluctuations in financial markets that are beyond the Seller’s control. b) Contracts for goods made according to the Buyer’s specifications or clearly personalized. c) Contracts for goods that may deteriorate or expire quickly. ç) Contracts for goods where protective elements such as packaging, seals, or tapes have been opened after delivery. d) Contracts for goods that have become mixed with other items after delivery and cannot be separated. e) Contracts for books, digital content, or computer consumables after the protective packaging has been opened. f) Contracts for the delivery of periodicals such as newspapers or magazines, except for those provided under a subscription agreement. g) The right of withdrawal does not apply to food products. For non-food products, the Buyer can return the product within 14 days from the delivery date, provided it remains unopened and in its original packaging, and a return is made with the invoice/receipt. ğ) Contracts for services provided in an electronic environment or for intangible goods delivered immediately. ARTICLE 10 – DISPUTE RESOLUTION In the event of a dispute arising from the application of this Distance Sales Agreement, the Consumer Arbitration Committee or Consumer Courts in the city or district where the Buyer resides or where the goods were purchased, within the monetary limits announced annually by the Ministry of Customs and Trade, shall have jurisdiction. This Distance Sales Agreement has been read, accepted, and confirmed electronically by the parties. In matters not covered by this Agreement, the provisions of the Law on the Protection of Consumers No. 6502 and relevant legislation shall apply. ARTICLE 11 – PRICE OF THE GOODS/SERVICES The price of the Goods/Services, whether paid upfront or on credit, is specified in the order form, and the invoice sent after the order or the one accompanying the product will reflect the price paid. Any discounts, coupons, and other promotions applied by the Seller or Homes and Seasons will be reflected in the sales price. ARTICLE 12 – DEFAULT AND LEGAL CONSEQUENCES If the Buyer defaults on a transaction made by credit card, the Buyer will pay interest according to the terms of their credit card agreement with their bank and will be responsible to the bank. In such a case, the relevant bank may pursue legal action, request expenses and attorney fees from the Buyer, and in all cases of default, the Buyer agrees to compensate the Seller for any damages incurred due to the delay in payment. ARTICLE 13 – EFFECTIVENESS This Agreement, consisting of 13 articles, has been read by the parties, and the Buyer has approved it electronically, and it has entered into force immediately. SELLER: Malva Permaculture Farm BUYER: {BUYER_FULL_NAME}
Total Product Price (Excluding Shipping): {EXCLUDING_SHIPPING_ORDER_AMOUNT} Shipping Fee: {SHIPPING_COST} Total Order Amount: {INCLUDING_SHIPPING_ORDER_AMOUNT} Order Date: {CURRENT_DATE} Payment Method and Plan: {PAYMENT_METHOD} Payment Terms Applied: The interest rate used in the installment calculation: 0% or corresponding to the installment amount selected. Shipments will be initiated within 7 business days following the order. The shipment can be completed within thirty (30) days. Delivery Address: {BUYER_ADDRESS} Name – Surname: {BUYER_FULL_NAME} Customer Address: {BUYER_ADDRESS} Phone: {BUYER_PHONE} E-Mail: {BUYER_EMAIL} Invoice Address: {INVOICE_ADDRESS} Company/Individual Name: {INVOICE_FULL_NAME} Tax Office: {SPECIALAREA_TAXOFFICE} Tax Number: {SPECIALAREA_TAXNUMBER} Turkish ID Number: {SPECIALAREA_TCID} ARTICLE 4 – DELIVERY AND DELIVERY METHOD The Agreement becomes effective upon the Buyer’s approval, and it is fulfilled upon the delivery of the Goods/Services purchased from the Seller to the Buyer. The Goods/Services will be delivered to the person(s) at the address specified by the Buyer in the order form and this Agreement. ARTICLE 5 – DELIVERY COSTS AND PERFORMANCE The delivery costs of the Goods/Services belong to the Buyer. If the Seller has stated on the website that the delivery costs will be covered by the Seller, the delivery costs will be borne by the Seller. The delivery of the goods will be made within the promised period after the payment has been made, provided that the Seller has the product in stock. The Seller will deliver the Goods/Services to the Buyer within 30 (thirty) days from the date of the order. If, for any reason, the payment for the Goods/Services is not made by the Buyer or the payment is canceled in the bank records, the Seller will be released from the obligation to deliver the Goods/Services. ARTICLE 6 – BUYER’S STATEMENTS AND COMMITMENTS The Buyer declares that they have read and understood the basic characteristics of the product, its price, payment method, and delivery information provided by the Seller on the website, and that they have confirmed the necessary information electronically. Buyers, in their capacity as Consumers, may submit their requests and complaints through the communication channels provided by the Seller’s contact information above. By electronically confirming this Agreement and the Preliminary Information Form, the Buyer acknowledges that they have correctly and fully obtained the necessary details, including the address, the basic characteristics of the ordered products, their price including taxes, and the payment and delivery information, which the Seller must provide to the Consumer before the conclusion of the Distance Contracts. If the Buyer accepts damaged, broken, or defective Goods/Services from the delivery company before inspecting the Goods/Services, the responsibility will rest entirely with the Buyer. The Goods/Services will be deemed to be undamaged and intact if accepted by the Buyer from the delivery company. After delivery, the responsibility for the Goods/Services and any damages will be with the Buyer. If, after the delivery, the Buyer’s credit card is used by unauthorized persons in an unlawful or unauthorized manner, and the relevant bank or financial institution does not pay the Seller the price of the Goods/Services, the Buyer must return the Goods/Services to the Seller within 3 (three) days, provided that they have received the Goods/Services. In this case, the delivery costs will be borne by the Buyer. ARTICLE 7 – SELLER’S STATEMENTS AND COMMITMENTS The Seller is responsible for delivering the Goods/Services that are in accordance with the Consumer Legislation, complete, intact, and compliant with the characteristics specified in the order, and if applicable, with warranty certificates and user manuals to the Buyer. If the Seller cannot deliver the product within the specified time due to force majeure or extraordinary situations preventing delivery, the Seller must inform the Buyer as soon as possible. In such a case, the Buyer may choose to cancel the order, request a replacement with a similar product, or delay the delivery until the hindering situation is resolved. If the Buyer cancels the order, the paid amount will be refunded within 10 days. If the Goods/Services are to be delivered to a person other than the Buyer, the Seller is not responsible if the person refuses to accept the delivery. ARTICLE 8 – RIGHT OF WITHDRAWAL The Buyer has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the Goods or signing of the contract, without any legal or criminal responsibility and without providing any reason. The Seller undertakes to take back the Goods upon receiving the withdrawal notice. The withdrawal notice and other contract-related notifications can be sent to the Seller using the communication channels provided above. To exercise the right of withdrawal, the Buyer must notify the Seller in compliance with the applicable legal provisions within this period. If the right of withdrawal is exercised: a) The product delivered to the Buyer or to a third party designated by the Buyer must be returned unused and undamaged. b) The product’s box, packaging, and any standard accessories or other promotional items, if provided, must be returned intact and undamaged. The product price will be refunded to the Buyer within 10 (ten) days after the withdrawal notice. The original invoice presented to the Buyer upon delivery must also be returned. If the original invoice is not returned, VAT and other legal obligations cannot be refunded. The return shipping fee is the Seller’s responsibility. The invoice must be completed and signed by the Buyer when returning the product. ARTICLE 9 – CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED The right of withdrawal cannot be exercised in the following cases: a) Contracts for goods or services whose price depends on fluctuations in financial markets that are beyond the Seller’s control. b) Contracts for goods made according to the Buyer’s specifications or clearly personalized. c) Contracts for goods that may deteriorate or expire quickly. ç) Contracts for goods where protective elements such as packaging, seals, or tapes have been opened after delivery. d) Contracts for goods that have become mixed with other items after delivery and cannot be separated. e) Contracts for books, digital content, or computer consumables after the protective packaging has been opened. f) Contracts for the delivery of periodicals such as newspapers or magazines, except for those provided under a subscription agreement. g) The right of withdrawal does not apply to food products. For non-food products, the Buyer can return the product within 14 days from the delivery date, provided it remains unopened and in its original packaging, and a return is made with the invoice/receipt. ğ) Contracts for services provided in an electronic environment or for intangible goods delivered immediately. ARTICLE 10 – DISPUTE RESOLUTION In the event of a dispute arising from the application of this Distance Sales Agreement, the Consumer Arbitration Committee or Consumer Courts in the city or district where the Buyer resides or where the goods were purchased, within the monetary limits announced annually by the Ministry of Customs and Trade, shall have jurisdiction. This Distance Sales Agreement has been read, accepted, and confirmed electronically by the parties. In matters not covered by this Agreement, the provisions of the Law on the Protection of Consumers No. 6502 and relevant legislation shall apply. ARTICLE 11 – PRICE OF THE GOODS/SERVICES The price of the Goods/Services, whether paid upfront or on credit, is specified in the order form, and the invoice sent after the order or the one accompanying the product will reflect the price paid. Any discounts, coupons, and other promotions applied by the Seller or Homes and Seasons will be reflected in the sales price. ARTICLE 12 – DEFAULT AND LEGAL CONSEQUENCES If the Buyer defaults on a transaction made by credit card, the Buyer will pay interest according to the terms of their credit card agreement with their bank and will be responsible to the bank. In such a case, the relevant bank may pursue legal action, request expenses and attorney fees from the Buyer, and in all cases of default, the Buyer agrees to compensate the Seller for any damages incurred due to the delay in payment. ARTICLE 13 – EFFECTIVENESS This Agreement, consisting of 13 articles, has been read by the parties, and the Buyer has approved it electronically, and it has entered into force immediately. SELLER: Malva Permaculture Farm BUYER: {BUYER_FULL_NAME}