DISTANCE SALES AGREEMENT
1. PARTIES
1.1. This Distance Sales Agreement ("Agreement") is between the party whose address is specified in Article 5 ("Buyer") and...
AG SÜS BİTKİLERİ SAN VE TİC A.Ş., located at Tatlısu Mah. Elalmış Cad. No:52, Ümraniye/İstanbul ("Seller", "HERYERBİTKİ"), enters into the following agreement with the seller:
It was established electronically within the framework of the terms and conditions.
2. DEFINITIONS
2.1. In the application and interpretation of this agreement, the terms listed below shall have the meanings indicated opposite them.
They will express written statements:
Law: Law No. 6502 on Consumer Protection
Regulation: Distance Contracts Regulation
KVKK: Law No. 6698 on the Protection of Personal Data
Sales person:
For commercial or professional purposes, including public legal entities
those who supply goods to consumers or act on behalf of or for the account of those who supply goods
natural or legal person
Buyer:
Those who acquire goods or services for non-commercial or non-professional purposes,
natural or legal person using or benefiting from them
Website: www.heryerbitki.com
Parties: Seller and Buyer
Product(s): Any product offered for sale through the site.
TOPIC 3
The subject of this agreement is the order that the Buyer places with the Seller electronically via the Website.
The sale and delivery of the Product, the specifications and sales price of which are stated below, are subject to the Law and
In accordance with the provisions of the relevant legislation, primarily the Regulation, the rights of the Parties
It establishes responsibilities.
4. MATTERS OF WHICH THE BUYER WAS INFORMED IN ADVANCE
The Buyer acknowledges and agrees, by accepting this Agreement through the Site, that the following matters apply.
before its establishment and before incurring any order or payment obligation
All relevant sections of the Site, the Agreement, and the Preliminary Information Form below.
He said he had reviewed, read, and understood the statements and that he had received the necessary information.
He acknowledges that it was done.
1. Essential characteristics of the Product subject to the contract.
2. The seller's title, contact information, current identifying information, professional association membership, and code of conduct they adhere to in their profession can be obtained through their electronic communication channels, along with their MERSİS number.
3. The total price of the Product, including all taxes, or, if this cannot be calculated in advance due to its nature, the method of calculating the price, any additional shipping, delivery, and similar costs, and information on how these additional costs can be paid if they cannot be calculated in advance.
4. Payment, delivery, shipping restrictions, performance information and any related commitments, and the Seller's methods for resolving complaints.
5. Depending on its nature, all other sales terms included in this Agreement, as well as the Agreement itself, will be sent to the Buyer via email after the Buyer approves and establishes this Agreement on the Site, and may be stored and accessed by the Buyer for the requested period. In any case, the Member on the Site...
5. SELLER INFORMATION
Company Name: HERYERBİTKİ AG ORNAMENTAL PLANTS INDUSTRY AND TRADE INC.
Address: Tatlısu Mah. Elalmış Cad. No:52/2 /Istanbul
Mersis Number: 0009149353200001
Phone Number: 0551 384 86 68
Fax: 0551 384 86 68
Email: info@heryerbitki.com
The Seller can also be reached at any time through their account.
He may keep the contract for 3 (three) years.
6. In cases where a right of withdrawal exists, information regarding the conditions for exercising this right, its duration, procedure, and, if applicable, the carrier designated by the Seller for returns.
7. The full address, fax number, or email address to which the cancellation notice should be sent.
8. In cases where the right of withdrawal cannot be exercised, information regarding the Buyer's inability to exercise the right of withdrawal or the conditions under which the right of withdrawal cannot be exercised.
9. In case of disputes, the Buyer may submit complaints to the Seller using the provided contact information, and may also submit legal applications to the District/Provincial Arbitration Boards in accordance with the relevant provisions of the Law.
They can file a complaint with the Consumer Courts.
Customer Service: 0551 384 86 68
Professional Association of which he/she belongs: Istanbul Chamber of Commerce
6. BUYER INFORMATION
First Name/Last Name: [firstname lastname]
Phone Number: [phone]
Address: [address]
Email: [email]
7. BILLING INFORMATION
Name/Surname/Title: [name surname]
Address: [address]
Turkish National Identity Number/Tax Identification Number: [vergino]
Invoice delivery: The invoice will be issued within 7 (seven) days of order delivery.
A printable image will be sent to the email address the Buyer provided when placing the order.
8. PRODUCTS SUBJECT TO THE AGREEMENT
8.1. Basic characteristics of the products (type, quantity, brand/model, color, number) are listed on the Site.
It is receiving.
8.2. The prices listed and advertised on the site are sales prices. Advertised prices and promises
These prices are valid until updated or changed. Prices announced for a limited time are as follows:
It is valid until the end of the specified period.
8.3. The sales price of the goods subject to this contract, including all taxes, is shown in the table below.
[products]
Total: [total]
Payment Method: [payment]
Delivery Address: [deliveryaddress]
Recipient: [deliveryname surname]
Billing Address: [billingaddress]
Order Date: [date]
Delivery Method:
Delivery Fee: [shipping]
8.4. Product delivery will be carried out by the Seller, and the costs will be borne by the Seller.
9. GENERAL PROVISIONS
9.1. The Buyer acknowledges that the essential characteristics of the Product subject to this Agreement, its sale price, and payment method are available on the Site.
You have read and are aware of all the information regarding the delivery, and have provided the necessary confirmation electronically.
The Buyer acknowledges, declares, and undertakes that the Buyer has placed the order prior to the conclusion of this Agreement.
The basic specifications of the given Product(s), the price of the Products including taxes, payment and delivery
He/she acknowledges, declares, and undertakes that he/she has received the information accurately and completely.
9.2. Each Product subject to this Contract shall complete the 30 (thirty) day legal period specified in the Regulation.
Provided that it does not exceed the distance to the Buyer's place of residence, the preliminary information on the website
to the Buyer or the person and/or entity at the address specified by the Buyer within the period specified in this section.
The contract will be delivered. If the company fails to fulfill its obligation within this period, the Buyer shall terminate the Agreement.
You may cancel the contract. The delivery date of the Products indicated as "estimated delivery date" on the Site may vary.
This information is provided as an estimate and does not constitute any commitment. These Products
As stated in the legislation, it will be delivered to the Buyer within a maximum of 30 (thirty) days.
9.3. The Seller shall deliver the Product subject to this Agreement completely, in accordance with the specifications stated in the order, and, if applicable...
to deliver warranty certificates, user manuals, and all necessary information and documents required for the job, each
free from all defects, in accordance with legal regulations, sound and conforming to standards.
to deliver, to exercise due care and diligence during the delivery of the Product, and to exercise caution and foresight
He/She agrees, declares, and undertakes to act accordingly.
9.4. The Seller shall inform the Buyer before the expiration of the performance obligation arising from the Contract and
By obtaining explicit consent, a different product package of equal quality and price may be supplied.
9.5. The Buyer confirms this Agreement electronically for the delivery of the Product subject to this Agreement.
will, if for any reason the price of the Product subject to the Contract is not paid and/or the bank,
If the cancellation is recorded in the financial institution's records, the Seller's delivery of the Product subject to the contract will be terminated.
The bank acknowledges, declares, and undertakes that its obligation will cease. For any reason, the bank
a failure code was sent by the bank and/or financial institution, but the bank and/or financial institution...
The Buyer acknowledges that any payments made by the Buyer to the Seller by the organization in question, and any other payments made by the Seller to the Buyer,
He/she acknowledges, declares, and undertakes that he/she has no responsibility.
9.6. The Buyer shall deliver the Product subject to this Agreement to the Buyer or to the person and/or address indicated by the Buyer.
Unauthorized use of the Buyer's credit card by unauthorized persons after delivery to the institution
As a result, the price of the Product subject to the Contract will be paid by the relevant bank or financial institution.
If payment is not made to the Seller, the Buyer shall return the Product subject to this Agreement within 1 (one) day, including shipping costs.
The seller agrees, declares, and undertakes to return the item to the seller, to be owned by the seller.
9.7. The Seller, as the Seller/Supplier, shall not be liable for unforeseen events that occur outside the control of the parties.
and the occurrence of circumstances that prevent and/or delay the parties from fulfilling their obligations.
Failure to deliver the Product subject to this Contract within the specified period due to force majeure
The company will inform the Buyer of the status as soon as possible. In this case, the Buyer must 1- order
1. Cancellation of the order, 2. Replacement of the product with an equivalent if available, 3. Impediment of the delivery process due to obstacles
By choosing one of the options to postpone the situation until it is resolved, you can contact the Seller.
The buyer will have the right to claim cash if the order is cancelled by the buyer.
In the payments made, the product amount will be paid to him in cash and in full within 14 (fourteen) days at the latest.
is paid. In the case of payments made by the Buyer with a credit card, the product amount is paid upon cancellation of the order by the Buyer.
The refund will be returned to the relevant bank within 14 (fourteen) days after the transaction is completed. The Buyer, by the Seller
average time it takes for the bank to reflect the refunded amount to the credit card into the recipient's account.
The process may take 3 (three) weeks in practice, after which the Buyer will receive the refund to the bank.
Since the reflection of this in their accounts is entirely related to the bank's processing time, the Buyer is responsible for any potential
The buyer acknowledges, represents, and undertakes that they cannot hold the seller liable for any delays.
9.8. The Buyer shall inspect the Product subject to this Agreement before taking delivery; checking for dents, breakage, or damaged packaging.
The customer will not accept damaged or defective goods, such as torn items, from the shipping company or courier.
The product will be considered undamaged and in good condition upon receipt. After delivery, the product...
The obligation to carefully protect the product rests with the Buyer. If the right of withdrawal is to be exercised, the product must not be used.
The invoice must be returned.
9.9. If the buyer and the credit card holder used during the order process are not the same person, or if the Product...
A security vulnerability was detected in the credit card used for the order before delivery to the recipient.
In that case, the Seller will provide the credit card holder's identification and contact information, as well as the credit card used for the order.
the card statement from the previous month or the credit card statement from the cardholder's bank
The Buyer may be requested to provide written documentation proving ownership of the item. The Buyer must submit the document in question.
The order will be frozen until the aforementioned information/documents are provided.
If the requests are not met within 24 (twenty-four) hours, the Seller may cancel the order.
He/She has the right.
9.10. In cases where it becomes impossible for the seller to fulfill the order for the Product
Within 3 (three) days from the date the Buyer becomes aware of the situation, the Buyer will be notified in writing or permanently.
The seller is obligated to notify the data storage provider. In this case, the seller is responsible for all delivery costs.
All payments collected, including but not limited to, must be made within 14 (fourteen) days from the notification date.
It will be returned to the Buyer within [time].
9.11. Following the payment process, the Seller will provide basic information about the Product, primarily price information.
This Agreement and Preliminary Information, previously approved by the Buyer, will be sent via a confirmation email containing the relevant information.
The seller will forward the Information Form to the Buyer. This is a preliminary information form for distance selling.
The agreement will remain accessible to the Buyer at any time through their Member Account on the Site throughout the subsequent process.
(Continuous access is available only if the Recipient has a membership).
10. SPECIAL CONDITIONS
10.1 The Seller may, at its sole discretion, change the terms and conditions for Buyers on the Site from time to time.
The Seller may create various campaigns to be determined exclusively by the Seller. The Buyer's purchase
If the customer returns the products they purchased due to legal or contractual reasons (such as the right of withdrawal),
The terms and conditions of the campaign set forth by the seller may no longer be valid as of the return date.
In this case, the discount amount/benefit received under the campaign will be cancelled and the aforementioned
The amount will be deducted from the refund payment to the Buyer.
10.2. If the buyer is eligible to benefit from more than one campaign on the same invoice
Campaigns cannot be combined; the Buyer can only benefit from one campaign. The Buyer will thus...
He/she acknowledges, declares, and undertakes that he/she will not make any claim in any situation.
10.3. The Seller reserves the right to suspend, update, and manage the campaigns announced on the Site at any time.
We reserve the right to change the campaign terms and conditions. Each purchase made by the Buyer from the Site.
They should review the campaign terms and conditions beforehand.
10.4 The delivery times stated on the website are estimates and may vary, provided that legal deadlines stipulated in the legislation are not exceeded.
11. RIGHT OF WITHDRAWAL
11.1. The Buyer, in distance sales contracts, shall accept delivery of the Product to him/her or to the address indicated.
No action may be taken within 14 (fourteen) days from the date of delivery to the person/organization at the address.
The buyer has the right to withdraw from the contract by rejecting the goods without giving a reason. Withdrawal
The notification that the right has been exercised must be sent to the Seller within this period.
The costs arising from the exercise of the right of withdrawal shall be borne by the Seller. The withdrawal period...
in determining;
a) In the case of Products that are the subject of a single order but delivered separately, the Buyer or the Buyer shall agree to the terms and conditions.
the day the designated third party receives the last item,
b) For Products consisting of multiple parts, the Buyer or a company designated by the Buyer shall use the specified parts.
the day the third party received the final piece,
c) In contracts where the Products are delivered regularly over a specified period, the Buyer
or the date on which a third party designated by the Buyer receives the first goods shall be taken as the basis.
11.2. To exercise the right of withdrawal, the "Withdrawal Rights" section under Article 13 of the Product must be followed.
It is a condition that the product has not been used, in accordance with the "Products for Which Rights Cannot Be Used" provisions. This
if the right is exercised,
I. Invoice for the delivered product, (If the invoice for the product to be returned is for a corporate entity,
When returning the item, it must be sent along with the return invoice issued by the institution.
It is required. For order returns where the invoice is issued in the name of a company, a return invoice is required.
(It cannot be completed if it is not cut.)
II. Products to be returned must be complete with their box, packaging, and any standard accessories.
and must be delivered undamaged.
III. The seller shall, at the latest within 14 (fourteen) days from the date of receipt of the cancellation notice.
The seller is obligated to refund the total amount to the buyer within the specified period. The right of withdrawal applies.
The Buyer has 10 (ten) days from the date of use of the said Product.
He needs to return the item.
IV. If there is a decrease in the value of the goods due to a fault of the buyer, or
If a return becomes impossible, the Buyer shall compensate the Seller for the damages in proportion to the Buyer's fault.
is obligated.
V. Campaign limits set by the Seller due to the exercise of the right of withdrawal.
If the amount falls below a certain threshold, the discount amount received under the campaign will be less than the specified amount.
It will be cancelled.
12. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The buyer will not be able to exercise the right of withdrawal in the following cases:
I. The price varies depending on fluctuations in financial markets and the seller's
contracts relating to goods or services not under one's control (jewelry, gold and
(Products in the silver category).
II. Goods prepared according to the consumer's wishes or personal needs.
III. For perishable goods or goods that may expire.
IV. Products whose protective elements such as packaging, tape, seal, or wrapping have been opened after delivery.
In the case of goods whose return is not suitable for health and hygiene reasons.
V. The packaging, tape, seal, or wrapping of the product has been opened by the consumer.
provided that books, audio or video recordings, or software are presented in a physical medium.
software and computer supplies (all kinds of software and programs, DVDs,
VCDs, CDs and cassettes, computer and stationery supplies (toner, cartridges, ribbons, etc.)
(in contracts relating to telephone credit orders).
VI. After delivery of the goods, the protective elements such as packaging, tape, seal, and wrapping have been opened.
books, digital content and computer supplies offered in a physical medium, if applicable
in its materials.
VII. Periodicals such as newspapers and magazines, other than those provided under a subscription agreement.
in publications.
VIII. Things that must be done on a specific date or during a specific period, such as accommodation, transport of goods, etc.
rental, food and beverage supply, and vacant spaces for entertainment or recreation purposes.
in the evaluation of time.
IX. Services performed instantly in an electronic environment or delivered instantly to the consumer.
In the products.
X. Performance that has begun with the consumer's consent before the expiration of the withdrawal period.
in services.
13. PROTECTION OF PERSONAL DATA
As explained in detail in the Privacy Notice on the website, the Personal Data Protection Law (KVKK)
Personal data that can be defined within this scope includes the recipient's name, surname, email address, and Turkish Republic Identity Number.
Information such as identification number, demographic data, financial data, etc.
*Taking orders, offering products and services, improving products and services, systemic
Resolving issues, processing payments, - orders if prior approval has been given,
To be used in marketing activities regarding products and services, belonging to the Buyer.
updating information and managing and maintaining memberships between the Buyer and the Seller.
For the purpose of fulfilling distance sales contracts and other contracts established, and for the technical support of third parties,
To ensure that logistics and other similar functions are performed on behalf of the Seller, the Seller,
The seller's affiliates and third parties and/or organizations may register data indefinitely or for a limited period.
They can be stored, used, updated, and shared in written/magnetic archives.
Personal data may be transferred and processed in other ways. In this context, the recipient acknowledges the importance of their personal data.
It acknowledges that it can be processed.
14. DEFAULT AND ITS LEGAL CONSEQUENCES
If the buyer defaults on a transaction made with their credit card, the cardholder...
that the bank will pay interest in accordance with the credit card agreement it has with the bank and
The user acknowledges, declares, and undertakes that they will be liable to the bank. In this case, the relevant bank will have legal responsibility.
The seller may resort to these methods; and may demand the resulting expenses and attorney's fees from the Buyer. In any case...
If the Buyer defaults on its debt, the Buyer shall be liable for the Seller's delayed performance of the debt.
He/She accepts, declares, and undertakes to compensate for the damage and loss suffered.
15. COURT AUTHORIZED AND COMPETENT UNDER THE EVIDENCE AGREEMENT.
Any disputes that may arise from the contract and/or the performance of the service
In the solution, vendor records (including records on magnetic media such as computer and audio recordings) are evidence.
This will create. In disputes arising from the application and interpretation of the Agreement, the parties shall...
Within the monetary limits determined by legislation, the residence of the Buyer and Seller
Consumer Arbitration Boards in the relevant location where the excessive fees are the subject of the dispute
In such cases, the consumer courts located in the places of residence of the Buyer and Seller shall have jurisdiction.
He/She has accepted, declared, and undertaken that this will happen.
Information regarding amounts in applications to Consumer Arbitration Boards:
• In disputes below 6,920.00 (six thousand nine hundred and twenty) Turkish Liras
District Consumer Arbitration Boards,
• In provinces with metropolitan status, 6,920.00 (six thousand nine hundred and twenty) Turkish Lira
In disputes between 10,390.00 (ten thousand three hundred ninety) Turkish Lira and the Provincial Consumer
Arbitration Panels,
• In the centers of provinces that do not have metropolitan status, 10,390.00
For disputes below (ten thousand three hundred ninety) Turkish Liras, the Provincial Consumer Arbitration Board
Their delegations,
• In districts of provinces that do not have metropolitan status, 6,920.00
(six thousand nine hundred and twenty) Turkish Lira and 10,390.00 (ten thousand three hundred and ninety) Turkish Lira
Provincial Consumer Arbitration Boards are responsible for resolving disputes between parties.
For disputes exceeding these values, applications should be made to the Consumer Arbitration Boards.
This is not possible. However, applications can be made to consumer courts, primarily in accordance with the Consumer Protection Law and related regulations.
Application options are available under the legislation.
16. EFFECTIVE DATE
This Agreement is entered into by each Buyer, who has been previously informed through the Preliminary Information Form.
By reading and fully understanding the ruling and approving it electronically,
It enters into force as soon as it is approved.
This Agreement, consisting of a total of 12 (twelve) pages and 16 (sixteen) main clauses, is entered into by the Buyer.
By reading and fully understanding each clause and approving it electronically,
It will come into effect as soon as it is approved.
For questions and suggestions, please contact us at 0551 384 86 68 or info@heryerbitki.com.
You can contact us at this address.