Distance Sales Agreement
DISTANCE SALES AGREEMENT
1-PARTIES:
1.1 ORKES GIDA TARIM TURİZM SANAYİ İÇ VE DIŞ TİCARET LİMİTED ŞİRKETİ, located at Çayırlı Mahallesi Karşıyaka küme Evleri Tire/İzmir (hereinafter referred to as "SELLER");
SELLER email: orkesfoodco@gmail.com
SELLER Product Return address: Atatürk Mahallesi Kızılay Caddesi No:22 Block B Selçuk/İzmir
1.2- The internet user who makes purchases from the Website serving at https://www.orkeszeytinyagi.com/ (hereinafter referred to as "BUYER").
BUYER Name/Surname/Title:
BUYER Address:
BUYER Phone:
BUYER Email:
2- SUBJECT:
The subject of this Agreement is the determination of the rights and obligations of the parties regarding the sale and delivery of the product/products whose details are specified below, ordered through the Website at https://www.orkeszeytinyagi.com/ owned by the SELLER, in accordance with the Law on Consumer Protection No. 6502, the Regulation on the Principles and Procedures for the Implementation of Distance Contracts, and relevant legislation.
3- PRODUCT:
The type and kind, quantity, brand/model, color, sales price, and delivery information of the products are as follows.
Product:
Quantity:
Sale Price:
Shipping Fee:
Invoice Address:
4- DELIVERY:
4.1- The Product will be delivered to the BUYER's address via the courier company contracted by the SELLER. The estimated delivery time will be notified by the SELLER after the order is received. The delivery time is a maximum of thirty (30) days from the sending of the order confirmation email and the conclusion of the Agreement.
4.2- The shipping fee will be paid by the BUYER unless otherwise committed by the SELLER during the order.
4.3- In regions where the courier company delivers once a week, in cases of inaccuracies or deficiencies in shipping information, or in situations beyond the SELLER's control due to social events and natural disasters, there may be delays in the specified delivery time. The SELLER cannot be held responsible for these delays. If the Product is to be delivered to a person/organization other than the BUYER, the SELLER is not responsible for situations arising from the person/organization refusing to accept delivery, inaccuracies in shipping information, and/or the BUYER not being at the specified address, or for extra shipping costs. If the Product/products have not reached the BUYER within the specified days, delivery problems must be immediately reported to customer service via email at orkesfoodco@gmail.com.
4.4- The BUYER is obliged to check that the ordered product is delivered in accordance with the invoice/delivery note upon delivery, and to sign the delivery note confirming receipt of the products and hand it over to the courier company official. Damaged packages should not be accepted, and a report should be filed with the Courier Company official. If the courier company official believes that the package is not damaged, it is the BUYER's obligation to open the package there and check that the products are delivered undamaged, and to request that this situation be recorded in a report. After the package is received by the BUYER, it is considered that the courier company has fully performed its duty. If a damaged package is not accepted and a report is filed, the situation must be reported to the SELLER in writing as soon as possible, along with the BUYER's copy of the report.
5- RIGHT OF WITHDRAWAL:
5.1- The BUYER has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the product subject to the contract to him/her or to the person/organization at the address indicated by him/her. To exercise the right of withdrawal, the BUYER must notify the SELLER by fax, email, or telephone within this period, and the product must be suitable for return within the framework of the provisions of this article. In the event of exercising this right, it is obligatory to return the original copies of all invoices and the cargo delivery receipt indicating that the product delivered to the 3rd party or the BUYER has been sent to the SELLER. The product price will be refunded to the BUYER within 7 days following the receipt of these documents. The shipping cost of the product returned due to the right of withdrawal will be covered by the SELLER. Otherwise, the request for the right of withdrawal will be considered invalid. The BUYER may also exercise the right of withdrawal during the period from the establishment of the contract until the delivery of the goods.
5.2- The following periods are taken as basis for determining the right of withdrawal period;
- In the case of goods subject to a single order and delivered separately, the day on which the consumer or the third party designated by the consumer receives the last good,
- In the case of goods consisting of more than one part, the day on which the consumer or the third party designated by the consumer receives the last part,
- In contracts where goods are delivered regularly for a certain period, the day on which the consumer or the third party designated by the consumer receives the first good,
5.3- Even if the BUYER's return request is accepted, if the product has been used or its packaging has been opened, the return approval will be cancelled and the products will be sent back to the BUYER as BUYER-paid via the contracted cargo company.
5.4- In cases where the BUYER receives products different from their order or from the photographs or descriptions on the website, the exercise of the right of withdrawal is conditional on the product's safety seal not being opened.
5.5- If the returned product received by the SELLER meets the conditions specified in this agreement, it will be accepted as a return, and the refund will be made to the BUYER's credit card/account. No refund will be made without the product being returned. The time it takes for refunds made to credit cards to be reflected in credit card accounts is at the discretion of the relevant bank.
5.6- In accordance with Article 15 titled "Exceptions to the Right of Withdrawal" of the Distance Contracts Regulation, the Buyer cannot exercise the right of withdrawal in the following cases.
- For goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller or provider,
- For goods prepared in line with the consumer's wishes or personal needs,
- For the delivery of goods that are perishable or whose expiration date may pass,
- For goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; for products that are not suitable for return due to health and hygiene reasons, such as shampoo, shower gel, skin and hair care products,
- For goods that mix with other products after delivery and cannot be separated due to their nature,
- For books, digital content, and computer consumables presented in a tangible medium, if their protective elements such as packaging, tape, seal, package have been opened after delivery,
- For the delivery of periodicals such as newspapers and magazines, except for those provided under a subscription contract,
- In cases of accommodation, goods transportation, car rental, food and beverage supply, and leisure activities for entertainment or recreation that must be carried out on a specific date or period,
- For services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer,
- For services whose performance has begun with the consumer's consent before the right of withdrawal period expires.
6- RIGHTS AND OBLIGATIONS OF THE PARTIES:
6.1- The BUYER acknowledges and declares that they have clear and understandable information regarding the basic characteristics of the Product subject to sale, the sales price including taxes, payment method, delivery conditions and costs, etc., all preliminary information about the Product, and how to exercise the right of withdrawal, return conditions, official authorities to whom complaints and objections can be submitted, etc., and that they have confirmed this preliminary information electronically. The BUYER is deemed to have accepted the provisions of this Agreement at the moment of placing the order.
6.2- If the SELLER is unable to fulfill its obligations under the Agreement due to the impossibility of performing the Product, it will notify the BUYER of this situation before the expiry of the performance obligation arising from the Agreement and may supply a different product of equal quality and price to the BUYER if available in its stock. The SELLER reserves the right to reject the order without stating any reason. The SELLER may inform the BUYER via e-mail if it cannot process the order for any reason (e.g., problems with payment systems).
6.3- The BUYER accepts, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the Product, and that in the event that the Product price is not paid for any reason and/or is cancelled in bank records, the SELLER's obligation to deliver the product subject to the Agreement will cease.
6.4- The BUYER accepts, declares and undertakes that if, after the delivery of the Product to the BUYER or to the person and/or organization indicated by the BUYER, the Product price is not paid to the SELLER by the relevant bank or financial institution as a result of unauthorized use of the BUYER's credit card by unauthorized persons, the BUYER will return the product subject to the Agreement to the SELLER within 3 days, with the shipping costs borne by the SELLER.
6.5- The BUYER undertakes that the information and content provided by them (Name, surname, phone number, e-mail, etc.) are accurate, complete and lawful, that they do not/will not cause technical and physical damage to the SELLER's Website, that they do not contain any features that are contrary to and violate any law, regulation and other legislation, and that they do not and will not violate the rights of third parties. They accept, declare and undertake that they will make the necessary updates if there are changes in their personal data, otherwise the SELLER will not be responsible. The SELLER is not obliged or responsible for investigating the accuracy of the information and content transmitted, uploaded, changed or provided by the BUYER, or for guaranteeing that this information and content is safe, accurate and lawful. The BUYER is responsible for all damages that may arise due to incorrect or inaccurate information and content provided by the BUYER, and the BUYER accepts, declares and undertakes that they will fully and immediately compensate the SELLER for all damages incurred by the SELLER due to the falsehood of this information.
6.6- From the moment the BUYER starts using the website by filling out the Membership Form at https://www.orkeszeytinyagi.com/ when becoming a member of the SELLER's Website, their personal data will have the right to be collected, recorded, organized, categorized, classified, stored, updated, corrected, used, analyzed, changed, re-arranged, and transferred to third parties located in Turkey and/or abroad, all of which are detailed in the Illumination Text accessible at https://www.orkeszeytinyagi.com/, and processed by these parties for the same purposes and for the continuation of these purposes.
6.7- The BUYER accepts, declares, and undertakes that they are solely responsible for the security, storage, keeping away from third parties' knowledge, and use of the username and password they use to log in to the Website. The SELLER has no direct or indirect responsibility for any damages incurred or that may be incurred by the BUYER and/or third parties due to the BUYER's negligence and faults in matters such as the security of the username and password, their storage, keeping them away from third parties' knowledge, and their use.
6.8- The BUYER agrees to be contacted via internet, phone, SMS, letter, e-mail, fax, etc., for informational purposes regarding the order.
6.9- The BUYER agrees and undertakes from the outset to comply with legal regulations and not to violate them while using the SELLER's Website. Otherwise, all legal and criminal liabilities that may arise will belong exclusively to the BUYER.
6.10- The BUYER accepts, declares, and undertakes that all legal and criminal responsibility for the transactions they carry out while using the Website, and for the words, expressions, and content they use, belongs personally to them, that they will be personally and directly and/or indirectly responsible for any damages incurred or that may be incurred by third parties due to activities they carry out on the Website that are contrary to the provisions of this Distance Sales Agreement and/or the law, and that the SELLER cannot be held responsible in any way. Furthermore, in such cases, the SELLER reserves the right to suspend the BUYER's use of the website and to initiate legal proceedings.
7-INTELLECTUAL PROPERTY RIGHTS:
The BUYER acknowledges that all elements of the SELLER's Website, including but not limited to its design, text, image, HTML code and other codes, belong to the SELLER and/or are used by the SELLER under a license obtained from a third party, and that under no circumstances and conditions may the BUYER use the SELLER's brand, logo, trade name information for reference or promotional activities without the SELLER's written consent. The BUYER may not engage in attitudes and behaviors that may constitute an infringement of the SELLER's copyright, trademark or other rights, or create unfair competition, or conduct advertising activities contrary to the said legislation. Otherwise, the BUYER shall be responsible for compensating the SELLER for all damages, including but not limited to compensation, court costs and attorney's fees, incurred by the SELLER due to damages suffered by third parties, including but not limited to licensors, in such cases.
8-PROHIBITION OF ASSIGNMENT:
The BUYER may not assign or transfer its obligations, rights, and receivables under this Agreement, in whole or in part, to third parties without the SELLER's prior written consent. Such assignments and transfers shall not be binding on the SELLER. The SELLER has the right to assign this Agreement and its rights and obligations arising from the Agreement, in whole or in part, with all legal and mandatory provisions, to its capital affiliates, firms, and companies, as well as to third parties.
9- CONFIDENTIALITY:
The BUYER shall keep confidential all information they have acquired in any way regarding the SELLER's activities and the articles of this Agreement, and shall not disclose or use such information without the SELLER's prior written consent, except in cases required by the mandatory provisions of Turkish laws. This confidentiality obligation shall remain valid even if this Agreement is terminated or expires for any reason. The BUYER shall compensate the SELLER for any damages incurred by the SELLER if the BUYER fails to comply with this confidentiality obligation.
10- FORCE MAJEURE:
The SELLER is not liable for late or incomplete performance or non-performance of any of its obligations under this Distance Sales Agreement due to decisions taken by competent authorities in accordance with laws, regulations, directives beyond the control of the parties, and due to fire, flood, earthquake, landslide, epidemic, war, widespread acts of violence (including but not limited to these). In this case, the BUYER cannot make any claim against the SELLER.
11- VIOLATION:
In the event that the BUYER violates the provisions of this Agreement, the SELLER may terminate the Agreement at its own discretion and without prior notice, and may block the BUYER's access to the Website. In this case, the BUYER will be personally liable criminally and legally. The BUYER also agrees to indemnify and hold harmless the SELLER (including attorney's fees) and its affiliates and subsidiaries against any claims, damages, liabilities, demands, or expenses that may be brought against the SELLER by any third party regarding the unlawful use of the Website.
12- AMENDMENT:
All amendments to be made under this Agreement shall be at the discretion of the SELLER and shall be made unilaterally by being announced on the SELLER's Website.
13- SEVERABILITY:
Should any provision of this Agreement be invalid, unlawful or unenforceable under the laws of any jurisdiction, the remaining provisions shall remain valid, lawful and enforceable in that jurisdiction and shall not be affected by the aforementioned provision.
14- NON-INTERPRETATION OF HEADINGS:
The headings in the Agreement are for ease of reference and shall not affect the interpretation of this Agreement.
15- JURISDICTION:
In the implementation of this Agreement, Consumer Arbitration Committees up to the value announced by the Ministry of Customs and Trade and Consumer Courts in the place of residence of the BUYER or the SELLER are authorized. The Parties may submit their complaints and objections to the consumer arbitration committee or consumer court in the place where the consumer purchased the goods or services or where he/she resides, within the monetary limits determined by the Ministry of Customs and Trade every year in December.