Distance Sales Agreement

Article 1: PARTIES

SELLER:

Company Name: Orio Organik Zeytin ve Zeytinyağı Tarım Ürünleri Sanayi ve Ticaret Ltd. Şti.
Address: Güzelyurt Mh, 5746 Sk. No:30/A Yunusemre, Manisa
Phone:
Fax:
E-mail:
Bank Account:


BUYER (CONSUMER):

Name/Surname/Company Name:
Address:
Phone:
E-mail:

ARTICLE 2: SUBJECT OF THE AGREEMENT

This Agreement governs the rights and obligations of the parties, in accordance with the Law on the Protection of Consumers and the Regulation on Distance Contracts and other applicable legislation, regarding the sale and delivery of the product(s)/service(s) ("Product/Products") that the BUYER (Consumer) wishes to purchase by placing an order on the SELLER's e-commerce website ………………. ("WEBSITE"), including transactions carried out through an application on a mobile device, and other related matters.

The Buyer declares and accepts, under the provisions of this agreement, that they have been informed by the seller — clearly, comprehensibly, and in a manner suited to the online environment — of the seller's name, title, full address, telephone, and other access information; the essential characteristics of the goods being sold; the sale price including taxes; the payment method; delivery terms and costs; and all other preliminary information regarding the goods for sale, as well as the exercise of the "right of withdrawal" and how to exercise it, and the official authorities to which they may direct complaints and objections; and that they have confirmed this preliminary information electronically before placing the order for the goods.

The preliminary information on the website and the invoice issued upon the order placed by the buyer are integral parts of this agreement.

Once the BUYER has approved this Agreement on the WEBSITE, the price and costs of the ordered Product(s) shall be collected using the selected payment method.

Article 3: PRODUCT SUBJECT TO THE AGREEMENT, PRICE, PAYMENT, AND DELIVERY

The type and nature of the products (goods/services), quantity, brand/model/color, unit price(s) and sale price, along with payment (collection) information, and delivery information including the delivery address provided by the BUYER, are as stated below. If the shipping company carrying out the delivery does not have a branch in the BUYER's location, the BUYER must collect the Product from another nearby branch to be notified by the SELLER (the BUYER will be duly informed of this by e-mail, SMS, or telephone). The information provided by the BUYER must be accurate and complete. The Buyer accepts full responsibility for any damages arising from such information being inaccurate or incomplete, and accepts any liability that may arise from such circumstances.

Where deemed necessary, the SELLER reserves the right to halt the order if the information provided by the BUYER does not match reality. Other matters relating to delivery are set out in Article 8 of this Agreement below.

PRODUCT

UNIT PRICE (TL)

QUANTITY

TOTAL (TL)

Brand, Product, Color, Size, etc.

____ TL

_

___ TL

Total gift voucher / store credit / _______ used

___ TL

Order processing and shipping-cargo fees

___ TL

TOTAL ORDER PAYMENT (VAT Included)

_____ TL


Payment (Collection) Information

Card Type Visa:
Card Number:
Credit Card Payment:
Credit Card Installments/Single Payment:
Total Amount:

Delivery Information:

Name/Surname/Company Name:
Address:
Phone:
E-mail:
Invoice Information:
Name/Surname/Company Name:
Address:
Phone:
E-mail:


The BUYER, by accepting this Agreement on the WEBSITE and prior to placing the order and/or assuming the payment obligation, confirms and declares that it has been informed by having viewed and reviewed all general and specific explanations on the relevant pages/sections of the WEBSITE, regarding the following matters:

Article 4: MATTERS OF WHICH THE BUYER HAS BEEN PREVIOUSLY INFORMED

  • The SELLER's company name, contact information, and current descriptive information,
  • The stages of the sales transaction when purchasing the Product(s) from the WEBSITE, and the appropriate tools/methods for correcting incorrectly entered information,
  • The privacy, data use/processing, and electronic communication rules applied by the SELLER regarding BUYER information, along with the permissions granted by the BUYER to the SELLER in this regard, the BUYER's legal rights, the SELLER's rights, and the procedures for exercising the parties' rights,
  • Any shipping restrictions foreseen by the SELLER for the Products,
  • The payment methods/instruments accepted by the SELLER for the Product(s) subject to the Agreement, along with the essential characteristics/qualities of the Products and their total price including taxes (the total amount, including related costs, that the BUYER will pay to the SELLER),
  • Information regarding the procedures for delivering the Products to the BUYER, and shipping/delivery/cargo costs,
  • Other payment/collection and delivery information relating to the Products, and information regarding the performance of the Agreement, along with the commitments/responsibilities of the parties in these matters,
  • Products and other goods/services for which the BUYER does not have a right of withdrawal,
  • In cases where the BUYER has a right of withdrawal, the conditions, duration, and procedure for exercising this right, and the fact that the BUYER will lose the right of withdrawal if it is not exercised within the specified period,
  • For Products with a right of withdrawal, that if the Product is damaged or altered within the withdrawal period due to use not in accordance with the instructions for use, its ordinary functioning, or its technical specifications, the BUYER's withdrawal request may not be accepted and the BUYER will in any event be liable to the SELLER; and that, in cases accepted by the SELLER, an amount deemed appropriate by the SELLER in view of such damage or alteration may be deducted (offset) from the refund to be made to the BUYER,
  • In cases where a right of withdrawal exists, how the Products may be returned to the SELLER and all related financial matters (return methods, costs, refund of the Product price, and any discounts/offsets that may be applied for reward points earned/used by the BUYER at the time of return),
  • That, if the BUYER is a legal entity, they will not be able to exercise "consumer rights," including in particular the right of withdrawal, for Products purchased for commercial or professional purposes (for example, bulk purchases are in any case deemed to be of this nature),
  • All other sales terms contained in this Agreement depending on their nature, and the fact that, since this Agreement is sent to the BUYER by e-mail once it has been approved on the WEBSITE, it can be stored and accessed by the BUYER for as long as desired, and may also be kept by the SELLER for a period of three years.
  • The contact information through which the BUYER may direct complaints to the SELLER in the event of a dispute, and the fact that legal applications may be made to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of the Law on the Protection of Consumers.

Article 5: RIGHT OF WITHDRAWAL

The BUYER has the right to withdraw from this Agreement within fourteen (14) days from the date of receiving the Product, without giving any reason and without paying any penalty.
However, by law, there is no right of withdrawal — even if unused — for agreements relating to the following goods/services: a) Goods prepared according to the BUYER's special requests or personal needs (including those that have been modified or added to in order to be customized for a person/personal needs, including special Products imported/obtained domestically or from abroad based on the BUYER's order), b) Perishable goods or goods whose expiry date may pass, such as cosmetics, chocolate, and similar food products, c) Likewise, goods such as cosmetics, swimwear, underwear products, etc., whose protective elements such as packaging, tape, seal, or wrapping have been opened after delivery and whose return is not suitable for reasons of health and hygiene,d) Goods that, after delivery, become mixed with other products and cannot by their nature be separated,e) Books, CDs, DVDs, audio and video recordings, software, and all similar digital-content products, as well as computer consumables, whose protective elements such as packaging, tape, seal, or wrapping have been opened; (vi) all services performed instantly in an electronic environment and all intangible goods delivered instantly to the consumer,f) Goods or services whose price varies depending on fluctuations in financial markets and which are not under the control of the seller/provider,g) Periodical publications such as newspapers and magazines, other than those provided under a subscription agreement,h) Services relating to accommodation, moving of goods, car rental, provision of food and beverages, and leisure-time activities for entertainment or recreation purposes that must be performed on a specific date or period, services whose performance has begun within the withdrawal period with the BUYER's consent, and, in general, other goods/services deemed outside the scope of distance selling under the relevant legislation, as well as cases in which the BUYER makes the purchase for commercial/professional purposes. In cases where the right of withdrawal can be exercised, the BUYER is legally responsible for any changes and deterioration that occur if the goods are not used, within the withdrawal period, in accordance with their functioning, technical characteristics, and instructions for use. Accordingly, if there is a change or deterioration in the Product up to the date of withdrawal due to use not in accordance with the instructions for use, technical characteristics, and functioning, the BUYER may lose the right of withdrawal; in cases accepted by the SELLER, a deduction equal to the extent of the change/deterioration will be made from the Product price to be refunded. In cases where the right of withdrawal exists, it is sufficient for the BUYER to have submitted a clear notification to the SELLER (verbally/in writing to the contact addresses specified above) indicating that they are exercising the right of withdrawal within the legal 14-day period. If this right is exercised within the specified period, the Product must be sent back to the SELLER's above address within a maximum of ten (10) days, at the BUYER's expense. If a contracted cargo company is specified on the WEBSITE for product returns, the BUYER may send the Product from a branch within or outside their district, in which case no cost is charged to the BUYER.

In this return process, the Product must be delivered complete and undamaged, together with its box, packaging, and any standard accessories. Furthermore, in accordance with tax legislation, in cases where a Return Invoice is legally required to be issued by the BUYER, in addition to such cases, the relevant section regarding the return on the invoice to be returned together with the Product must be filled in and signed. Returns of orders invoiced in the name of corporations (legal entities) will not be accepted unless a Return Invoice is issued. "The address to which the Product is to be returned is the SELLER's address / the address of the cargo company designated for return delivery." Provided that the BUYER fulfills the above requirements, within 14 days from the date the notice of withdrawal reaches the SELLER, the Product price and, if any, the delivery costs of the Product to the BUYER, shall be refunded to the BUYER in a manner appropriate to the payment instrument used by the BUYER when purchasing the Product. The BUYER's legal rights and responsibilities regarding the Products after the withdrawal period, and the SELLER's contractual and legal collection/offset rights and obligations arising from the BUYER — including those relating to reward points — remain otherwise valid and in effect.

ARTICLE 6: SPECIAL TERMS APPLICABLE IN CASES WHERE THE BUYER EARNS REWARD POINTS WHEN PURCHASING THE PRODUCT SUBJECT TO THE AGREEMENT AND/OR MAKES PAYMENT TO THE SELLER USING REWARD POINTS

6.1. Where there exists a current agreement/contract between an organization that grants reward points etc., the BUYER, and the SELLER, enabling reward points to provide discounts, etc. on purchases made on the SELLER's WEBSITE, if the BUYER has earned such reward points as a result of the purchase that is the subject of this Agreement — pursuant to the SELLER's said agreement and likewise the BUYER's own agreement with the aforementioned organization — then in cases where this Agreement is withdrawn from, or otherwise terminated/the order cancelled, and a refund is to be made to the BUYER, the amount (monetary value) of the reward points, gifts, and the like earned by the BUYER through the purchase subject to this Agreement shall be reclaimed from the BUYER.
Specifically, unless a different method is stipulated in the SELLER's agreement with the relevant organization, this reclaiming process shall be carried out primarily by deducting from other sufficient reward points held by the BUYER with the said organization/system (excluding the reward points earned through the purchase subject to this Agreement), and if none are available, by deducting (offsetting) in cash from the amount to be refunded by the SELLER to the BUYER.
6.2. If payment to the SELLER for the purchase of the Product subject to this Agreement has been made, in whole or in part, by the BUYER using reward points, etc., then in cases where, in accordance with the relevant provisions of this Agreement, the Product so purchased is to be returned with a refund of the Product price to the BUYER, the reward points and the like used by the BUYER with the SELLER when purchasing the Product on the WEBSITE may be refunded to the BUYER (again in the form of points), unless the SELLER has a different agreement with the relevant organization.
6.3. As a valid general rule, in cases where it is determined that the BUYER has unfairly earned or used reward points in any manner, the monetary value/amount of such reward points may be collected by the SELLER from the BUYER (via credit card, in cash, or through other lawful means). This provision also applies to the price of goods gifted by the SELLER to the BUYER as a result of the operation of such a system.
6.4. Other matters relating to the earning and use of reward points and the like are subject to the provisions of the agreement(s)/contract(s) between the relevant organization, the BUYER, and the SELLER, and in relevant cases the SELLER may exercise, both here and under the said agreements/contracts, all specified rights and authorities with respect to the BUYER and the organization, and may carry out related transactions on behalf of and/or for the account of the said organization and/or other businesses within the same system.
6.5. Requests for cash in return for reward points, gift vouchers, etc., earned from the SELLER or used with the SELLER, shall not be accepted under any circumstances.
6.6. The SELLER accepts no liability whatsoever for disputes between the BUYER and the aforementioned organizations, nor for any material, legal, financial, or non-financial consequences thereof; the above provisions remain valid and reserved.
6.7. The above provisions, where applicable, shall also apply by analogy to any reward points earned and used directly by the Consumer from the SELLER.
All consumers who earn reward points from the WEBSITE/SELLER, or who use reward points, etc. in payments to the SELLER, are thereby deemed — as the BUYER — to have accepted the above special terms as well.

ARTICLE 7: RULES REGARDING SECURITY-CONFIDENTIALITY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS, AND INTELLECTUAL-INDUSTRIAL PROPERTY RIGHTS

The following privacy rules/policy and terms, whose current principles are set out below, apply to the protection, confidentiality, processing/use, and communication of information on the WEBSITE, as well as other related matters.
7.1. The necessary measures for the security of the information and transactions entered by the BUYER on the WEBSITE have been taken within the SELLER's system infrastructure, to the extent of today's technical capabilities, according to the nature of the information and transaction. However, since such information is entered from the BUYER's device, the responsibility for protecting it on the BUYER's side and preventing access by unrelated persons — including measures relating to viruses and similar malicious applications — rests with the BUYER.
7.2. The information obtained during the BUYER's membership and purchases on the WEBSITE may be recorded, stored in printed/magnetic archives, updated where deemed necessary, shared, transferred, used, and otherwise processed — for an indefinite period or for such period as they may determine — by the SELLER, its current and future affiliates, subsidiaries, partners, successors, and/or third parties/organizations to be designated by them, for the purpose of providing various products/services and for all kinds of electronic and other commercial/social communications aimed at informing, advertising/promotion, promotions, sales, marketing, store card, credit card, and membership applications. This data may also be transmitted to the relevant Authorities and Courts where legally required. The BUYER has given consent and permission for their existing and new personal and non-personal information to be used, shared, and processed within the above scope, and for commercial and non-commercial electronic and other communications to be made to them, in accordance with the legislation on the protection of personal data and e-commerce legislation.
7.3. The BUYER may, at any time, stop the use/processing of data and/or communications by contacting the SELLER through the specified communication channels. Upon the BUYER's explicit notification in this regard, the processing of personal data and/or communications to the BUYER shall be stopped within the maximum legal period; furthermore, if the BUYER so wishes, information other than that which must legally be retained and/or that cannot be deleted, shall be deleted from the data recording system or anonymized so that identity cannot be determined. If the BUYER wishes, they may at any time apply to the SELLER through the above communication channels and obtain information regarding matters such as the processing of their personal data, the persons to whom it has been transferred, its correction in case of incompleteness or inaccuracy, the notification of corrected information to relevant third parties, the deletion or destruction of the data, objection to a result arising to their detriment through analysis by automated systems, and remedy in the event of damage due to unlawful processing of the data. Applications and requests in these matters shall be fulfilled within the maximum legal periods, or may be declined with the legal justification explained to the BUYER.
7.4. All intellectual and industrial property rights and ownership rights relating to any and all information and content belonging to the WEBSITE, and to their arrangement, revision, and partial/complete use, belong to the SELLER, except for those belonging to other third parties in accordance with the SELLER's agreements.
7.5. The SELLER reserves the right to make any changes it may deem necessary regarding the above matters; such changes shall take effect from the moment they are announced by the SELLER on the WEBSITE or through other appropriate methods.
7.6. Other sites accessible from the WEBSITE are subject to their own privacy-security policies and terms of use; the SELLER is not responsible for any disputes or negative consequences that may arise therefrom.

Article 8: GENERAL PROVISIONS

8.1. The Product subject to the Agreement shall be delivered to the BUYER, or to the third person/organization at the address indicated by the BUYER on the WEBSITE, on the basis specified below, provided that the legal period of 30 days is not exceeded.
The SELLER sends and has the Products delivered through a contracted cargo company for its shipments. If this cargo company does not have a branch in the BUYER's location, the BUYER must collect the Product from another nearby branch of the cargo company, to be notified by the SELLER.
Products that are in stock shall be handed over to the cargo company within a maximum of three (3) business days from the date of the order. However, if there are Products in the same order that are part of a campaign, the end of the campaign is awaited, and afterward, within a maximum of 3 (three) business days, all Products subject to the order are handed over to the cargo company to be delivered to the person and address specified by the CONSUMER at the time of ordering. Cargo Companies deliver shipments received from the SELLER to BUYERS, under normal conditions, within an average of 3 (three) business days, although this may vary depending on distance.
8.2. In general, and unless expressly stated otherwise, delivery costs (shipping fee, etc.) are the responsibility of the BUYER. Depending on campaigns run by the SELLER at the time of sale and announced with their terms on the WEBSITE, the SELLER may choose not to pass on all or part of such delivery costs to the BUYER.
8.3. If, at the time of delivery of the Products, the BUYER is not personally present at their address and the persons at the address do not accept delivery, the SELLER shall be deemed to have fulfilled its obligation in this regard. If there is no one at the address to accept delivery, it is the BUYER's responsibility to contact the cargo company and follow up on the shipment of the products. If the Product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered to is not present at their address or does not accept delivery.
In such cases, any damages arising from the BUYER's late receipt of the Product, as well as costs arising from the Product having been held by the cargo company and/or the cargo being returned to the SELLER, shall also be borne by the BUYER.
8.4. The BUYER is responsible for inspecting the Product at the moment of delivery, and, if a problem arising from shipping is noticed, for refusing to accept the Product and having a report drawn up by the cargo company representative. Otherwise, the SELLER shall accept no liability.
8.5. Unless otherwise stipulated in writing by the SELLER, the BUYER must have paid the price in full before receiving the Product. In cash sales, if the Product price has not been paid in full to the SELLER before delivery, or in installment sales, if the installment amount due has not been paid, the SELLER may unilaterally cancel the agreement and may refrain from delivering the Product.
If, for any reason after delivery of the Product, the Bank/financing institution to which the credit card used belongs fails to pay the Product price to the SELLER, or demands back the amount already paid, the Product must be returned by the BUYER to the SELLER within 3 days at the latest. If the non-payment of the Product price arises from a fault or negligence of the BUYER, the shipping costs shall be borne by the BUYER. The SELLER's other contractual and legal rights, including but not limited to pursuing payment of the Product price without accepting the return, remain reserved and valid in any event.
For the avoidance of doubt: in cases where the BUYER pays the sale price using a credit card, installment card, etc. issued by banks (including financing institutions), all facilities provided by such cards are credit and/or installment payment facilities provided directly by the issuing institution; within this framework, Product sales in which the SELLER collects the price in a lump sum or in installments are not, as between the parties to this Agreement, credit or installment sales, but cash sales. The SELLER's legal rights in cases legally deemed to be installment sales (including the right to terminate the agreement in the event of non-payment of installments and/or to demand payment of the remaining debt in full together with default interest) remain in effect and reserved under the relevant legislation. In the event of the BUYER's default, monthly default interest shall be applied as stipulated by applicable law.
8.6. If the Product cannot be delivered within the maximum legal period of 30 days due to extraordinary circumstances outside the normal sale/delivery conditions (such as adverse weather, heavy traffic, earthquake, flood, or fire), the SELLER shall inform the BUYER regarding the delivery. In this case, the BUYER may cancel the order, order a similar product, or wait until the end of the extraordinary circumstance.
8.7. If the SELLER becomes aware that it will be unable to supply the Product subject to the Agreement, it may, within three (3) days from becoming aware of this, clearly inform the BUYER by lawful means and, upon obtaining the BUYER's verbal/written consent, supply another good/service of equal quality and price, and shall be deemed to have thereby fulfilled its commitment under the Agreement. The BUYER is entirely free to give or withhold such consent, and if consent is not given, the contractual and legal provisions relating to order cancellation (termination of the Agreement) shall apply.
8.8. In order cancellations and Agreement terminations — including withdrawals in accordance with the Agreement/law — if the Product price has been collected, it shall be refunded to the BUYER within a maximum of 14 days. The requirements of the following rule remain reserved. The refund shall be made in a manner appropriate to the payment instrument used by the BUYER to pay the Product price to the SELLER. For example, in credit card payments, the refund process is also carried out as a refund to the BUYER's credit card, and the Product amount is refunded to the relevant bank within the same period after the order is cancelled by the BUYER; since the reflection of this amount in the BUYER's accounts, after the SELLER has carried out the refund to the bank, is entirely dependent on the bank's transaction process, the BUYER hereby accepts in advance that the SELLER cannot in any way intervene in, or assume responsibility for, any resulting delays (banks' processing of refunds to the BUYER's account may generally take up to three weeks).
The SELLER has, and reserves, rights of offset, discount, and deduction arising from this Agreement and the law with respect to the amount to be refunded. The BUYER's legal rights relating to cases where the Agreement is terminated by the BUYER due to the SELLER's failure to perform its obligation also remain reserved and in effect.
8.9. The BUYER may communicate their requests and complaints regarding the Product and the sale to the SELLER, verbally or in writing, through the SELLER's contact channels specified in the introductory section of this Agreement.
8.10. Some of the matters set out in Article 3 above may, by their nature, not be included in this Agreement; nonetheless, they are contained in the Preliminary Information viewed/approved by the BUYER on the WEBSITE, and likewise in the informational pages/sections of the WEBSITE — whether relating to the sales process or general information — as applicable.
8.11. Since they are sent to the e-mail address provided by the BUYER following acceptance, the BUYER may, at any time, access and review the said Information and this Agreement by saving and storing the relevant e-mail on their device. Furthermore, they are retained in the SELLER's systems for a period of three years.
8.12. In resolving any dispute that may arise from and/or in connection with the implementation of this Agreement, the SELLER's records (including records on magnetic media such as computer and voice recordings) shall constitute evidence; the parties' rights arising in this regard from the relevant mandatory legal regulations remain valid and reserved.

Article 9: THE BUYER'S LEGAL REMEDIES – COMPETENT COURTS OF JURISDICTION

In disputes that may arise from this Agreement, the Provincial and District Consumer Arbitration Committees have jurisdiction within the monetary limits determined and announced annually by law by the Ministry of Customs and Trade, and the Consumer Courts have jurisdiction in cases exceeding these limits. In this context, the BUYER may apply to the Arbitration Committees and Consumer Courts at their own place of residence or, if they wish, at the SELLER's place of residence.
The BUYER declares and accepts that they have read all the terms and explanations set out in this Agreement and in the pre-contractual order/agreement information (on the WEBSITE), which forms an integral part of it; that they had prior knowledge of all matters set out in Article 3 of this Agreement, including the essential characteristics/qualities of the Product/Products for sale, the sale price, payment method, delivery conditions, the SELLER, and all other preliminary information/notifications relating to the Product for sale, as well as the right of withdrawal and the terms relating to personal information/electronic communications and reward points; that they viewed all of this in electronic form on the WEBSITE; and that, by giving their electronic confirmation/approval/acceptance/consent to all of the foregoing and ordering the Product, they accept the provisions of this Agreement.