1. PARTIES
This Agreement has been signed between the parties listed below within the framework of the terms and conditions specified below.
A. ‘BUYER’; (hereinafter referred to as the “BUYER” in the Agreement)
B. ‘SELLER’; (hereinafter referred to as the “SELLER” in the Agreement)
NAME - SURNAME: Alta Naturel Gıda Tarım San. Tic. A.Ş
ADDRESS: Yenice Mah. Cemal Gürsel Bulv. No:163/1A Tarsus / MERSİN
By accepting this Agreement, the BUYER acknowledges in advance that, upon confirming the order subject to this Agreement, they will be obligated to pay the order amount and any specified additional charges such as shipping fees and taxes, if applicable, and that they have been informed thereof.
2. DEFINITIONS
For the implementation and interpretation of this Agreement, the following terms shall have the meanings specified below:
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),
SERVICE: The subject matter of any consumer transaction involving the provision of goods other than goods, performed or undertaken in return for a fee or benefit,
SELLER: The company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf of or for the account of a company offering goods,
BUYER: The natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
WEBSITE: The internet website belonging to the SELLER,
ORDERING PARTY: The natural or legal person requesting a good or service through the SELLER’s website,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This agreement concluded between the SELLER and the BUYER,
GOODS: Movable property subject to purchase and intangible goods such as software, audio, images and similar materials prepared for use in an electronic environment.
3. SUBJECT MATTER
This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the product ordered electronically by the BUYER through the SELLER’s website, the specifications and sales price of which are stated below, in accordance with Law No. 6502 on the Protection of Consumers and the provisions of the Regulation on Distance Contracts.
The prices listed and announced on the website are sales prices. The announced prices and offers remain valid until updated or changed. Prices announced for a limited period remain valid until the end of the specified period.
4. SELLER INFORMATION
Title: Alta Naturel Gıda Tarım San. Tic. A.Ş
Address: Yenice Mah. Cemal Gürsel Bulv. No:163/1A Tarsus / MERSİN
Telephone: 0322 346 49 49
Fax: 0322 429 03 96
E-mail: [email protected]
5. BUYER INFORMATION
Person to whom the order will be delivered
Delivery Address
Telephone
Fax
E-mail / Username
6. ORDERING PARTY INFORMATION
Name / Surname / Title
Address
Telephone
Fax
E-mail / Username
7. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE AGREEMENT
7.1. The basic characteristics of the goods / product(s) / service, including type, quantity, brand/model, color and number, are published on the SELLER’s website. If a campaign has been organized by the Seller, you may review the basic characteristics of the relevant product during the campaign period. It is valid until the campaign date.
7.2. The prices listed and announced on the website are sales prices. The announced prices and offers remain valid until updated or changed. Prices announced for a limited period remain valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the Agreement, including all applicable taxes, is shown below.
Product Description
Quantity
Unit Price
Subtotal (Including VAT)
Shipping Cost
Total
Payment Method and Plan
Delivery Address
Person to Whom the Order Will Be Delivered
Billing Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping cost for the shipment of the product shall be paid by the BUYER.
8. BILLING INFORMATION
Name / Surname / Title
Address
Telephone
Fax
E-mail / Username
Invoice Delivery: The invoice will be delivered together with the order to the billing address during order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares and undertakes that they have read and been informed about the basic characteristics, sales price, payment method and preliminary information regarding delivery of the product subject to the Agreement on the SELLER’s website and have provided the necessary confirmation electronically. The BUYER acknowledges, declares and undertakes that by confirming the Preliminary Information electronically, they have correctly and completely obtained the address, basic characteristics of the products ordered, prices including taxes, payment and delivery information that must be provided by the SELLER before the distance sales agreement is concluded.
9.2. Each product subject to the Agreement shall be delivered to the BUYER or to the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section of the website, depending on the distance of the BUYER’s place of residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the Agreement.
9.3. The SELLER accepts, declares and undertakes to deliver the product subject to the Agreement complete, in accordance with the specifications stated in the order, together with warranty certificates, user manuals and any information and documents required by the nature of the transaction, to perform its obligations in accordance with legal requirements, in a sound and standards-compliant manner and free from defects, in accordance with the principles of honesty and good faith, to maintain and improve service quality, and to exercise the necessary care and diligence and act with prudence and foresight during the performance of its obligations.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit approval before the performance period arising from the Agreement expires.
9.5. If performance of the order subject to the Agreement becomes impossible and the SELLER is unable to fulfill its obligations arising from the Agreement, the SELLER accepts, declares and undertakes to notify the consumer of this situation in writing within 3 days from the date on which it becomes aware of the situation and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that they will electronically confirm this Agreement for delivery of the product subject to the Agreement and that, if the price of the product subject to the Agreement is not paid for any reason and/or the payment is cancelled in the bank records, the SELLER’s obligation to deliver the product subject to the Agreement shall terminate.
9.7. The BUYER accepts, declares and undertakes that if, after delivery of the product subject to the Agreement to the BUYER or to the person and/or organization at the address indicated by the BUYER, the price of the product subject to the Agreement 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, the BUYER shall return the product to the SELLER within 3 days, with the transportation costs to be borne by the SELLER.
9.8. If the SELLER cannot deliver the product subject to the Agreement within the specified period due to force majeure events arising outside the will of the parties, which could not have been foreseen in advance and prevent and/or delay the parties from fulfilling their obligations, the SELLER accepts and undertakes to notify the BUYER of the situation. The BUYER has the right to request from the SELLER cancellation of the order, replacement of the product subject to the Agreement with an equivalent product, if available, and/or postponement of the delivery period until the obstacle is removed. If the BUYER cancels the order, the product amount paid in cash shall be paid to the BUYER in cash and in full within 14 days. In payments made by credit card, the product amount shall be refunded to the relevant bank within 14 days after cancellation of the order by the BUYER. The BUYER acknowledges, declares and undertakes that the average period for the amount refunded by the SELLER to the credit card to be reflected in the BUYER’s account by the bank may take 2 to 3 weeks, that the reflection of this amount in the BUYER’s account after the refund to the bank is entirely related to the bank’s processing period, and that the SELLER shall not be held responsible for possible delays.
9.9. The SELLER has the right to contact the BUYER through the address, e-mail address, landline and mobile telephone numbers and other contact information provided by the BUYER in the registration form on the website or subsequently updated by the BUYER, by letter, e-mail, SMS, telephone call and other means for communication, marketing, notification and other purposes. By accepting this Agreement, the BUYER acknowledges and declares that the SELLER may carry out the communication activities specified above with respect to the BUYER.
9.10. The BUYER shall inspect the goods/services subject to the Agreement before accepting delivery and shall not accept goods/services that are damaged or defective, such as dented, broken or torn packaging, from the courier company. Goods/services accepted upon delivery shall be deemed to have been delivered undamaged and in good condition. After delivery, the BUYER shall be responsible for taking proper care of the goods/services. If the right of withdrawal is to be exercised, the goods/services must not have been used. The invoice must be returned.
9.11. If the BUYER and the holder of the credit card used during the order are not the same person, or if a security vulnerability regarding the credit card used for the order is detected before delivery of the product to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, the statement of the credit card used for the order for the previous month, or a letter from the cardholder’s bank confirming that the credit card belongs to the cardholder. The order shall be suspended until the BUYER provides the requested information/documents, and if the requests are not fulfilled within 24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided while registering on the SELLER’s website is accurate and truthful and that they will immediately compensate, in cash and in full, all damages suffered by the SELLER due to the inaccuracy of such information upon the SELLER’s first notification.
9.13. The BUYER accepts and undertakes in advance to comply with and not violate the provisions of applicable legislation while using the SELLER’s website. Otherwise, all legal and criminal liabilities arising therefrom shall be entirely and exclusively binding upon the BUYER.
9.14. The BUYER may not use the SELLER’s website in any way that disrupts public order, violates general morality, disturbs or harasses others, serves an unlawful purpose, or infringes upon the material or moral rights of others. In addition, the member may not engage in activities that prevent or make it difficult for others to use the services, such as spam, viruses, Trojan horses, etc.
9.15. The SELLER’s website may contain links to other websites and/or other content that are not under the SELLER’s control and/or are owned and/or operated by third parties. These links are provided for the convenience of the BUYER and do not constitute an endorsement of any website or its operator, nor do they constitute any guarantee regarding the information contained on the linked website.
9.16. A member who violates one or more of the provisions set forth in this Agreement shall be personally liable both criminally and legally for such violation and shall hold the SELLER harmless from the legal and criminal consequences of such violations. In addition, if the matter is brought before the legal authorities due to such violation, the SELLER reserves the right to claim compensation from the member for failure to comply with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. In the event that the distance contract concerns the sale of goods, the BUYER may exercise the right of withdrawal within 14 (fourteen) days from the date of delivery of the product to the BUYER or to the person/organization at the address indicated by the BUYER, provided that the SELLER is notified, without assuming any legal or criminal liability and without providing any reason. In distance contracts concerning the provision of services, this period begins on the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where performance has commenced with the consumer’s approval before the expiry of the withdrawal period. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this Agreement, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, written notification must be submitted to the SELLER by registered mail with return receipt, fax or e-mail within 14 (fourteen) days, and the product must not have been used within the scope of the provisions of this Agreement concerning “Products for Which the Right of Withdrawal Cannot Be Exercised”. If this right is exercised;
3. a) The invoice of the product delivered to the third party or the BUYER. (If the invoice of the product to be returned is issued in the name of a company, it must be sent together with the return invoice issued by the company. Returns of orders invoiced to companies cannot be completed unless a RETURN INVOICE is issued.)
4. b) Return form,
5. c) The products to be returned must be delivered complete and undamaged together with their boxes, packaging and, if any, standard accessories.
6. d) The SELLER is obliged to return the total amount and documents that place the BUYER under an obligation to the BUYER within no later than 10 days from receipt of the withdrawal notification and to receive the returned goods within 20 days.
7. e) If the value of the goods decreases or the return becomes impossible due to a reason attributable to the BUYER, the BUYER shall compensate the SELLER for its damages in proportion to the BUYER’s fault. However, the BUYER shall not be responsible for changes or deterioration resulting from the proper use of the goods or product during the withdrawal period.
8. f) If exercising the right of withdrawal causes the purchase to fall below the campaign threshold amount determined by the SELLER, the discount amount benefited from under the campaign shall be cancelled.
9. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Products prepared according to the BUYER’s request or clearly for the BUYER’s personal needs and not suitable for return; lower parts of underwear; swimwear and bikini bottoms; makeup products; disposable products; goods that are likely to deteriorate quickly or expire; products that are unsuitable for return for health and hygiene reasons if their packaging has been opened by the BUYER after delivery; products that are mixed with other products after delivery and cannot be separated due to their nature; goods relating to periodicals such as newspapers and magazines, except those provided under a subscription agreement; services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer; and audio or video recordings, books, digital content, software programs, data recording and storage devices, and computer consumables cannot be returned if their packaging has been opened by the BUYER, in accordance with the Regulation. In addition, the right of withdrawal cannot be exercised for services whose performance has commenced with the consumer’s approval before the expiry of the withdrawal period, in accordance with the Regulation.
Cosmetic and personal care products, underwear products, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) must have unopened, unused, undamaged and untested packaging in order to be eligible for return.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER makes the payment by credit card and defaults, the BUYER accepts, declares and undertakes that they will pay interest and be liable to the bank within the framework of the credit card agreement between the cardholder and the bank. In this case, the relevant bank may take legal action and request the resulting expenses and attorney fees from the BUYER, and in any event, if the BUYER defaults on their debt, the BUYER accepts, declares and undertakes to compensate the SELLER for any loss or damage suffered by the SELLER due to delayed performance of the debt.
13. COMPETENT COURT
In disputes arising from this Agreement, complaints and objections shall be submitted to the Consumer Arbitration Committee or Consumer Court located at the consumer’s place of residence or where the consumer transaction was carried out, within the monetary limits specified in the relevant law. The information regarding the monetary limits is as follows: Effective as of 01/01/2017, for applications to consumer arbitration committees in 2017:
2. a) District consumer arbitration committees shall have jurisdiction over disputes with a value below 2,400 (two thousand four hundred) Turkish Liras,
3. b) In provinces with metropolitan status, provincial consumer arbitration committees shall have jurisdiction over disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras,
4. c) In the central districts of provinces without metropolitan status, provincial consumer arbitration committees shall have jurisdiction over disputes with a value below 3,610 (three thousand six hundred ten) Turkish Liras,
ç) In districts of provinces without metropolitan status, provincial consumer arbitration committees shall have jurisdiction over disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras.
This Agreement is concluded for commercial purposes.
14. EFFECTIVE DATE
When the BUYER completes the payment for the order placed through the Website, they shall be deemed to have accepted all terms of this Agreement. The SELLER is obliged to make the necessary software arrangements to obtain confirmation from the BUYER that this Agreement has been read and accepted on the website before the order is completed.
SELLER: Alta Naturel Gıda Tarım San. Tic. A.Ş
BUYER:
DATE: