DISTANCE SALES AGREEMENT
ARTICLE 1. INFORMATION ABOUT THE SELLER AND THE BUYER
1.1 SELLER
Title: HÜNER TARIM ÜRÜNLERİ VE GIDA SAN. TİC. LTD. ŞTİ.
Tax Identification No: Ayvalık Tax Office 4642010713
Address: 150 Evler Mah. Şehit Üst. Konuralp Özcan Cd. Adliye Loj. No:4 İç Kapı No:5 Ayvalık/BALIKESİR
Phone No.: 0552 479 7979
Web address: www.imbatto.com
E-mail: [email protected]
1.2 BUYER
Name-Surname/Title:
Address:
Phone:
E-Mail:
The Buyer and the Seller shall be individually referred to as “Party” and collectively as “Parties” within the scope of this Preliminary Information Form.
ARTICLE 2. SUBJECT OF THE AGREEMENT
2.1 The subject of this Distance Sales Agreement (“Agreement”) is the sale and delivery of the product, the features and sales price of which are stated below, ordered electronically by the Buyer signing this Agreement from the Seller’s website http www.imbatto.com (“Website”), and the determination of the rights and obligations of the Parties in accordance with the Law on the Protection of Consumers No. 6502, which entered into force on 28.05.2014, the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014 and numbered 29188, and other relevant legislation. For Buyers who are not considered consumers, the provisions of the Turkish Code of Obligations and the Turkish Commercial Code shall apply.
2.2 The Buyer declares and acknowledges that they have been clearly, understandably, and in a manner suitable for the internet environment, informed by the Seller about the Seller’s name, title, full address, phone and other contact information, the basic features of the goods subject to sale, the sales price including taxes, payment method, delivery conditions and costs, all preliminary information about the goods subject to sale, and the right of withdrawal, how to exercise this right, and the official authorities where complaints and objections can be submitted, that they have confirmed this preliminary information electronically, and that they placed the order for the goods in accordance with the provisions of this Agreement.
2.3 The Preliminary Information on the Website and the invoice issued upon the order placed by the Buyer are integral parts of this Agreement.
ARTICLE 3. PRODUCTS SUBJECT TO THE AGREEMENT, DELIVERY, PAYMENT INFORMATION
The type, quantity, preferred grinding option, sales price, payment method, alternative product choice of the product(s)/service as specified below.
as specified below.
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Product Name
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Stock Code
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Quantity
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Total Amount
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• Delivery Fee:
• Payment Method:
• Order Date:
• Estimated Delivery Date:
• Total Order Amount:
• Delivery Method:
Orderer Information:
• Name/Surname/Title:
• Address:
• Phone:
• Email/Username:
Delivery Recipient Information
• Recipient:
• Delivery Address:
• Phone:
Invoice Information
• Name/Surname/Title:
• Invoice Address:
• Phone:
• Tax Office:
• Tax Number:
Invoice Delivery: The invoice will be sent by email to the email address specified at the time of order delivery; a copy of the e-invoice (or e-archive invoice) will be delivered with the product at the time of delivery.
For the delivery of the product(s) subject to the Agreement, this Agreement must be approved electronically and delivered to the Seller and the price must be transferred to the Seller’s account by the Buyer’s chosen payment method. If the product price is not transferred to the Seller’s account or is canceled in the bank records, the Seller shall be deemed to be relieved of the obligation to deliver the product.
The Orderer, the Delivery Recipient, or the Invoice Addressee may be the same or different persons. In case of different persons, the Orderer is responsible for all information provided and approved. The Orderer accepts that the information provided in this article is correct. If the Buyer cannot be reached with the information provided, the Seller has no responsibility and all responsibility belongs to the Orderer. Unclear places such as parking lots, doorways, or parks cannot be shown as delivery addresses; even if shown, delivery will not be made. The delivery address must be a place such as a workplace, apartment, house, shop, or similar where the customer’s ownership is certain. The Buyer accepts and declares these provisions.
The delivery costs of the product(s) are borne by the Buyer. The Seller reserves the right to organize a campaign for delivery costs, to change the campaign conditions, or to stop the campaign. In cases where the cargo fee is not paid by the Buyer due to the campaign, in case of cancellation of the order subject to the campaign, the Seller has the right to deduct the cargo fee from the total sales amount.
The Buyer accepts and declares that if the product(s) ordered cannot be supplied for any reason, alternative products may be offered for the ordered product(s).
The Buyer accepts and declares that as stated in the order terms, they can make online payments by credit card, have been informed about the payment method, and have read and understood all information forms completely. The Seller has no statement, commitment, or responsibility to the relevant bank regarding the Buyer’s credit card payments. The Buyer accepts and declares that they have been informed about and approved the type and kind, code, quantity, brand/model, sales price, payment method, recipient, delivery address, invoice information, and cargo fee of the Product(s) purchased electronically before payment.
ARTICLE 4. MATTERS FOR WHICH THE BUYER IS PRELIMINARILY INFORMED
The Buyer acknowledges, declares, and undertakes that they have been informed about the following matters before the conclusion of this Agreement by the Buyer on the Website, before placing the order or incurring any payment obligation, and that they have read the “Order and Agreement Preliminary Information Text” on the Website and have been informed.
- The Seller’s title and contact information or tax identification number information and current introductory information,
- Information about the main characteristics of the product(s), the total price including taxes, and cargo costs,
- Information on the delivery, invoice, and payment information of the product(s), delivery time.
- Seller’s contact information allocated for consumers to contact and submit their complaints,
- Shipping restrictions foreseen by the Seller for the products,
- The conditions, duration, and procedure for exercising the Buyer’s right of withdrawal and that the Buyer will lose the right of withdrawal if not exercised within the period,
- Products for which the Buyer does not have the right of withdrawal,
- In cases where the right of withdrawal exists, how the products will be returned to the Seller and all related financial issues (return methods, costs, refund of product price, and possible discounts/deductions for reward points gained/used by the Buyer, including special campaign conditions),
- The stages of the sales transaction during the purchase from the Website and appropriate tools/methods for correcting incorrectly entered information,
- In the event of disputes, the contact information where the Buyer can submit complaints to the Seller and that legal applications can be made to District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.
ARTICLE 5. ORDER & PAYMENT CONDITIONS
The TL amount of the products selected by the Buyer including VAT (and the total installment amount in installment transactions) and all costs including cargo fee, if any, are processed through the payment method selected by the Customer after approval by the Buyer, and an order confirmation email is sent to the Buyer before the Products are shipped following the payment. Shipment is not made without sending the Order Confirmation email.
The Website operated by the Seller is only for retail sales and final use. Even if a preliminary information form and/or sales contract has been formed for wholesale and “resale” orders, the Seller reserves the right to cancel and not deliver the order. In case of cancellation of the order for this reason, the price of the products paid by the Buyer shall be refunded by the Seller in the same way. The Seller may limit the number of products that can be ordered. If the Buyer orders more products than the quantity announced on the Website, the orders may be canceled and the product prices will be refunded to the Buyer within the legal period. The Buyer acknowledges, declares, and undertakes that they have placed their order by accepting these matters and that the Seller has the right to cancel the order in case of orders exceeding the quantity limitation.
ARTICLE 6. SHIPPING AND DELIVERY CONDITIONS
6.1 Except for contracts for goods prepared in accordance with the Buyer’s request or personal needs, the Seller shall send the Products via the contracted cargo company within a maximum of 30 days. If the Seller fails to fulfill this obligation, the Buyer has the right and authority to terminate the Agreement.
6.2 If the Buyer is not personally present at the address at the time of delivery of the products and the persons at the address do not accept the delivery, the Seller shall be deemed to have fulfilled its obligation. If there is no one to receive the delivery at the address, it is the Buyer’s responsibility to contact the cargo company and follow up 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 recipient is not at the address or does not accept the delivery. In these cases, all damages arising from the Buyer’s late receipt of the product and the expenses incurred due to the product waiting in the cargo company or being returned to the Seller belong to the Buyer.
6.3 The Buyer is responsible for checking the product at the time of delivery and, if there is a problem caused by the cargo, not accepting the product and having the cargo company officer issue a report. Otherwise, the Seller will not accept any responsibility.
6.4 If delivery of the product becomes impossible within the legal period due to force majeure, the Seller shall notify the Buyer of this situation within three days. In this case, the Seller will refund all payments received, including delivery costs, if any, to the Buyer within fourteen days from the date of notification.
6.5 After the delivery of the product, if for any reason the Bank/finance institution of the credit card used for the transaction does not pay the product price to the Seller or requests a refund, the product must be returned to the Seller by the Buyer within 3 days at the latest. If the non-payment of the product price is due to a fault or negligence of the Buyer, the cargo costs will be borne by the Buyer. All other contractual and legal rights of the Seller, including the right to pursue the product price, are reserved.
ARTICLE 7. VALIDITY PERIOD OF PRICES
The product prices in the order are the prices on the day the order is placed. The Seller is not responsible for price, product, and all kinds of update errors arising from technical reasons. If there is an error in the price and product information, the Seller may refrain from delivery to correct the error. In this case, the Seller may cancel the order and refund the order amount to the Buyer.
ARTICLE 8. THE BUYER'S RIGHT OF WITHDRAWAL AND CONDITIONS OF USE
8.1 The Buyer has the right to withdraw from the order/Agreement within fourteen (14) days without any justification and without paying any penalty as of the date the product is received. However, the Buyer may also exercise the right of withdrawal during the period from the establishment of the Agreement until the delivery of the product.
In determining the period of the right of withdrawal;
a) In the case of goods subject to a single order but delivered separately, the day on which the Buyer or the third party designated by the Buyer receives the last item,
b) In the case of goods consisting of more than one piece, the day on which the Buyer or the third party designated by the Buyer receives the last piece shall be taken as a basis.
Upon notification that the Buyer has exercised the right of withdrawal, the Buyer must return the goods to the Seller or the authorized person within fourteen days. All returns must be made absolutely without breaking the product's packaging (protective tape).
8.2 Unless otherwise agreed in writing by the Parties, the Buyer cannot exercise the right of withdrawal for the following products/services, even if unused:
a) Products or services whose price is subject to fluctuations in financial markets and are not under the control of the Seller,
b) Products prepared in line with the Buyer’s requests or personal needs (those made special for the person/personal needs by making changes/additions),
c) Perishable or expiring products,
d) Products whose protective elements such as packaging, tape, seal, package have been opened after delivery and are not suitable for return in terms of health and hygiene,
e) Products which are mixed with other products after delivery and which cannot be separated by their nature,
f) Services started to be performed with the approval of the Buyer before the expiration of the right of withdrawal.
8.3 The Buyer must send the notification that they have exercised the right of withdrawal to the Seller in writing or via a permanent data carrier within the period specified above as follows.
8.3.1. If the right of withdrawal is used before the products are delivered to the cargo company for delivery to the Buyer, the Buyer can make the necessary notification via the Seller’s [email protected] email address or 0552 479 7979. The Buyer may use the form attached to the distance sales agreement for the exercise of the right of withdrawal or may make an explicit declaration stating the withdrawal decision.
8.3.2. If the right of withdrawal is used after the products are delivered to the cargo company for delivery to the Buyer, the Buyer shall deliver the products, together with the invoice delivered with the product, in complete and undamaged condition together with the box, packaging, and, if any, standard accessories to the contracted cargo company to be notified by the Seller. In case of product returns with invoices issued on behalf of institutions, a return invoice must be issued.
8.4 In case the right of withdrawal is exercised, the Buyer is obliged to return the Product(s) to the Seller within ten (10) days at the latest from the date of notification of withdrawal to the Seller. The return cargo cost of the returned Product will be covered by the Seller, provided that the Seller's contracted cargo company is used.
8.5 Provided that the right of withdrawal is duly exercised by the Buyer within the period, the Seller will refund the price of the Product and, if any, all payments received, including delivery costs, to the Buyer in a manner compatible with the payment instrument used by the Buyer when purchasing the Product, within 14 days from the date of receipt of the withdrawal notice. Delivery costs collected from the customer will only be covered by the Seller if all products in the order are returned.
8.6 In the event of lawful withdrawals and other order/Agreement cancellations, the Seller reserves the right to collect and/or deduct any discounts and/or all kinds of reward points etc. of monetary value from the Buyer, if any, from the product price.
8.7 If the right of withdrawal is not provided by law, the right of withdrawal cannot be used, and if this right is not exercised properly or in time, the Buyer will lose the right of withdrawal.
8.8. If there are multiple products in the order placed by the Buyer and the Buyer wishes to return only some of these products, the Buyer may only exercise the right of withdrawal for these products after receiving the product. Partial returns are not accepted for promotional or campaign products, and when the Buyer wishes to return promotional or campaign products, all products must be returned together. When refunding the price of promotional or campaign products, the Seller is obliged to refund in accordance with the pricing carried out within the scope of the promotion or campaign.
ARTICLE 9. MATTERS REGARDING CONFIDENTIALITY, INFORMATION SECURITY, PERSONAL DATA AND INTELLECTUAL PROPERTY RIGHTS
9.1 The necessary measures for the security of the information and transactions entered by the Buyer on the Website have been taken in the system infrastructure on the Seller’s side, in accordance with the technical possibilities depending on the nature of the information and transaction. However, since such information is entered from the Buyer's device, the responsibility for taking necessary measures, including those regarding viruses and similar harmful applications, to protect them from being accessed by unrelated persons rests with the Buyer.
9.2 While fulfilling their obligations determined by this Agreement, the Parties must act in accordance with the Law on the Protection of Personal Data No. 6698, relevant secondary legislation, and provisions regarding personal data in the Turkish Penal Code, Turkish Code of Obligations, Constitution, Law on Regulation of Electronic Commerce, Law on the Protection of the Consumer, and regulations, etc., as well as decisions of the Personal Data Protection Board. The Buyer may always stop data usage-processing and/or communications by contacting the Seller through the specified communication channels. According to the Buyer's explicit notification on this matter, personal data processing and/or communications to the Buyer will be stopped within the maximum legal period; in addition, if the Buyer wishes, information other than those that are legally required to be kept and/or possible will be deleted from the data recording system or anonymized in a way that does not reveal their identity. If the Buyer wishes, regarding the processing of personal data, persons to whom the data is transferred, correction if incomplete or incorrect, notification of corrected information to relevant third parties, deletion or destruction of data, objection to the emergence of a result against themself by analyzing the data through automatic systems, and compensation for damages in case of unlawful processing of data, the Buyer can always apply to the Seller through the above communication channels and receive information. Such applications and requests will be fulfilled within the maximum legal periods, or if not, the legal reason will be explained to the Buyer.
9.3 All intellectual and industrial rights and property rights to any kind of information and content on the Website and their arrangement, modification, and partial/complete use, except for those belonging to other third parties according to the Seller's agreement, belong to the Seller.
9.4 After approval, the Buyer can always access and review the Preliminary Information and Agreement text sent to their email address by saving the said email to a permanent data storage device. The Seller will also keep and store the Preliminary Information and Agreement text in their systems for three years within the framework of legal requirements.
9.5 The Buyer declares and acknowledges that the personal information provided in this application form is correct and that all data such as shopping and personal information to be provided under this order, regardless of the reason for termination of the Buyer’s membership, may be collected by the Seller and, not limited to those specified here, by its affiliates, subsidiaries, any service provider companies and their shareholders and employees (“Program Partners”) that work together within the scope of the Program, that this data may be processed by the Program Partners and that the Seller and/or Program Partners shall not be held liable for damages arising from the failure to update or provision of incorrect information in the application form.
9.6 The Buyer has been informed that they have the right to learn whether their personal data is being processed, to request information if their personal data has been processed, to learn the purpose of processing and whether it is used appropriately, to know third parties to whom personal data is transferred domestically or abroad, to request correction of personal data if it is incomplete or incorrectly processed, to request deletion or destruction of personal data within the conditions stipulated by the law, to request notification of these to third parties to whom personal data is transferred, to object to the emergence of a result against themself by analyzing the processed data exclusively through automatic systems, and to request compensation for damages if personal data is processed unlawfully.
9.7. This information is provided for commercial purposes in accordance with the remote communication tools used and in good faith principles to protect minors and those who lack or have limited discernment.
ARTICLE 10. AUTHORIZED COURTS AND ENFORCEMENT OFFICES IN CASE OF DISPUTES
The Buyer may contact the Seller via the communication channel below regarding problems experienced during or after shopping on the Seller’s website.
Phone: 0552 479 7979
E-mail: [email protected]
In disputes arising from this Agreement, within the monetary limits determined and announced annually by the Ministry of Commerce, Provincial and District Consumer Arbitration Committees are authorized, and Consumer Courts are authorized for situations exceeding these limits. Within this framework, the Buyer may apply to the Arbitration Committees and Consumer Courts in their own location or, if desired, in the location where the consumer transaction was made.
ARTICLE 11. GENERAL PROVISIONS
11.1 In the event of delivery of a product not ordered, the Seller may inform the Buyer by phone or email and may take back the delivered product or service even if it was not ordered. If the price of the unordered product or service is not paid by the Buyer, the Buyer is obliged to return the product to the Seller without damaging its packaging (protective tape) and deliver it to the cargo. In this case, the shipping fee belongs to the Seller.
11.2 The Buyer accepts and declares that the information provided in the registration form on www.imbatto.com and the Preliminary Information Form, as well as the information contained in this Agreement, is correct and complete and is responsible for any damages that may arise from incorrect or incomplete information and, therefore, agrees to indemnify the Seller for any damages that may arise.
11.3 The Seller cannot be held responsible for the failure to deliver the ordered product to the Buyer due to any problems encountered by the cargo company at the stage of delivery to the Buyer.
11.4 The Seller may temporarily suspend or completely stop the operation of the website at any time for reasons such as renewal, improvement, and others. In case the system is temporarily suspended or completely stopped, the Seller shall have no liability to its members or third parties. Deliveries of products ordered during the period when the site is active will be completed within the terms of the Agreement after the elimination of this reason.
ARTICLE 12. TERM AND ENFORCEMENT
This Agreement is concluded online between the Buyer and the Seller at the moment when the Buyer declares that they have read and accepted it and shall take effect from that moment on. This Agreement shall terminate automatically upon the proper performance of the mutual obligations of the Parties in accordance with the Agreement.
ARTICLE 13. DECLARATION OF ACCEPTANCE AND APPROVAL
The Buyer declares and accepts that they have read all the terms and explanations written in the Preliminary Information Form and this Agreement, which is an integral part thereof, on the Website, that they have prior knowledge of all issues including the main features and qualities, sales price, payment method, delivery conditions, all preliminary information and notifications about the Seller and the Product subject to sale, the right of withdrawal and personal information, that they have seen and read all of them electronically on the Website, that they accept the content and, again, by confirming, accepting, and consenting electronically, they accept the provisions of this Agreement with the order.
I have read the Distance Sales Agreement, accept its content, and approve it.
