1. PARTIES

This Agreement is signed between the following parties under the terms and conditions specified below. A. ‘BUYER’; (hereinafter referred to as “BUYER” in the Agreement) B. ‘SELLER’; (hereinafter referred to as “SELLER” in the Agreement)

KOCAALİ HİLAL FINDIK TARIM ÜRÜNLERİ TİC. LTD. ŞTİ
Gümüşoluk Mah. Merkez/1-5 Sok. No:4/A Kocaali / SAKARYA
KOCAALİ TAX OFFICE: 5651327072

By accepting this agreement, the BUYER acknowledges and agrees that if they confirm the order subject to the agreement, they will be obliged to pay the price of the ordered goods, as well as any additional fees such as shipping costs and taxes, and that they have been informed about this obligation in advance.

2. DEFINITIONS

The terms written below will represent the corresponding written explanations in the implementation and interpretation of this agreement.
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: Any consumer transaction other than the provision of goods performed for a fee or promised to be performed,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or for the account of the seller,
BUYER: A natural or legal person who acquires, uses, or benefits from goods or services for purposes that are not commercial or professional,
SITE: The website owned by the SELLER,
ORDERING PERSON: The natural or legal person requesting a good or service through the SELLER’s website,
PARTIES: The SELLER and BUYER,
AGREEMENT: This agreement made between the SELLER and the BUYER,
GOODS: The movable property subject to shopping and the intangible goods prepared for use in electronic environments, such as software, audio, and video.

3. SUBJECT

This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the product whose characteristics and sale price are specified below, which the BUYER orders electronically through the SELLER’s website, in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.
The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until updated or changed. Prices announced for a limited time are valid until the specified period ends.

4. SELLER INFORMATION

KOCAALİ HİLAL FINDIK TARIM ÜRÜNLERİ TİC. LTD. ŞTİ
Gümüşoluk Mah. Merkez/1-5 Sok. No:4/A Kocaali / SAKARYA
E-MAIL: contact@hilaltarim.com.tr

5. BUYER INFORMATION

[Invoice Name]
[Invoice Address]
[Phone]
[Email]

6. ORDERING PERSON INFORMATION

[Shipping Name]
[Shipping Address]
[Phone]
[Email]

7. PRODUCT/PRODUCTS SUBJECT TO THE AGREEMENT INFORMATION

7. The basic features of the Goods/Products/Services (type, quantity, brand/model, color, number) are published on the SELLER’s website. If a campaign is organized by the seller, the basic features of the relevant product can be examined during the campaign period. It is valid until the date of the campaign.
   7.2. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until updated or changed. Prices announced for a limited time are valid until the specified period ends.
   7.3. The total sales price of the goods or services subject to the agreement, including all taxes, is shown below.

[Product List]
[Cart Amount]
[Tax Amount]
[Total Amount]
[Payment Method]
[Shipping Name]
[Shipping Address]
[Date]

7.4. The shipping cost for the product will be paid by the BUYER.

8. INVOICE INFORMATION

[Invoice Name]
[Invoice Address]
[ID Number]
[Tax Office]
[Tax Number]
[Phone]
[Email]

9. GENERAL PROVISIONS

9.1. The BUYER acknowledges, declares, and undertakes that they have read and understood the basic characteristics of the product subject to the agreement, the sales price, and the payment method and delivery information on the SELLER’s website. The BUYER accepts, declares, and undertakes that they have obtained the address that the SELLER must provide to the BUYER, the basic characteristics of the ordered products, the prices including taxes, and the payment and delivery information correctly and completely.

9.2. Each product subject to the agreement will be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified on the website’s preliminary information, depending on the distance to the BUYER’s residence, without exceeding 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 agrees, declares, and undertakes to deliver the product subject to the agreement completely, in accordance with the qualities specified in the order, along with any warranty documents, user manuals, and other necessary information and documents, and to perform the service in accordance with legal regulations, free from any defects, and to maintain and improve service quality, showing the necessary attention and care during the execution of the work, acting with caution and foresight.

9.4. The SELLER may provide a different product of equal quality and price by informing the BUYER before the performance of its contractual obligations and obtaining explicit consent.

9.5. In case the performance of the obligation becomes impossible for the SELLER, the SELLER agrees, declares, and undertakes to notify the consumer in writing within 3 days from the date it becomes aware of this situation and to refund the total amount to the BUYER within 14 days.

9.6. The BUYER agrees, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the agreement, and in the event of non-payment of the product price for any reason and/or cancellation in bank records, the SELLER’s obligation to deliver the product will cease.

9.7. The BUYER agrees, declares, and undertakes that if the SELLER does not receive the payment for the product due to unauthorized use of the BUYER’s credit card after the delivery of the product to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER will return the product within 3 days, with the shipping costs borne by the SELLER.

9.8. If the SELLER cannot deliver the product within the specified time due to force majeure events that develop outside the will of the parties, are unforeseeable, and prevent and/or delay the fulfillment of the parties’ obligations, the SELLER agrees, declares, and undertakes to notify the BUYER of this situation. The BUYER has the right to request the cancellation of the order, replacement of the product with a comparable one if available, and/or postponement of the delivery until the obstacle is removed. In case of cancellation of the order by the BUYER, the amounts paid in cash will be refunded to the BUYER within 14 days. For payments made by credit card, the product amount will be refunded to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER acknowledges, declares, and undertakes that the average time for the refunded amount to be reflected in the BUYER’s account may take 2 to 3 weeks, and that any delay after the refund to the bank is entirely related to the bank’s processing time, therefore, the BUYER cannot hold the SELLER responsible for possible delays.

9.9. The SELLER has the right to contact the BUYER via mail, email, SMS, phone calls, and other means through the address, email address, landline and mobile phone numbers, and other communication information specified in the registration form filled out by the BUYER on the site or updated later, for communication, marketing, notifications, and other purposes. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities.

9.10. The BUYER will inspect the product/service before receiving it; damaged and defective products/services such as dents, breaks, torn packaging, etc., will not be accepted from the shipping company. The delivered product/service will be deemed to be undamaged and intact. The obligation to carefully preserve the product/service after delivery belongs to the BUYER. If the right of withdrawal will be exercised, the product/service must not be used. The invoice must be returned.

9.11. If the holder of the credit card used during the order is not the same person as the BUYER, or if a security vulnerability regarding the credit card used in the order is detected before the 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 belonging to the credit card holder for the previous month, or a document from the bank confirming that the credit card belongs to the holder. The order will be suspended until the BUYER provides the requested information/documents, and if these 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 that they will compensate all damages the SELLER may suffer due to the inaccuracy of this information immediately in cash upon the SELLER’s first notification.

9.13. The BUYER accepts and undertakes to comply with the provisions of the legal regulations while using the SELLER’s website and not to violate them. Otherwise, all legal and penal liabilities arising will be solely and exclusively binding on the BUYER.

9.14. The BUYER may not use the SELLER’s website in any way that disrupts public order, violates general morality, disturbs and harasses others, or for illegal purposes that infringe upon the material and moral rights of others. Additionally, the BUYER may not engage in activities that prevent or hinder other members from using the services (spam, viruses, trojans, etc.).

9.15. Links to other websites and/or other content owned and/or operated by third parties that are not under the control of the SELLER may be provided through the SELLER’s website. These links are placed for the convenience of the BUYER and do not support any website or the person operating that site, and do not provide any guarantee regarding the information contained in the linked website.

9.16. The member who violates one or more of the articles listed in this agreement will be personally liable for the criminal and legal consequences of this violation, releasing the SELLER from the legal and criminal consequences of these violations. Additionally, if the matter is brought to the legal arena due to this violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1. If the distance agreement is for the sale of goods, the BUYER may withdraw from the contract without assuming any legal or penal liability and without stating any reason within 14 (fourteen) days from the date of delivery of the product to themselves or to the person/organization at the address they specified. For distance contracts regarding the provision of services, this period starts from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the service has commenced with the consumer’s consent before the withdrawal period has expired. The costs arising from the exercise of the right of withdrawal are borne by the SELLER. By accepting this agreement, the BUYER acknowledges that they have been informed about the right of withdrawal in advance.

10.2. In order to exercise the right of withdrawal, the BUYER must send a written notification to the SELLER via registered mail, fax, or email within the 14 (fourteen) day period, and the product must not have been used in accordance with the provisions of the “Products for which the Right of Withdrawal Cannot Be Exercised” clause of this agreement. In the exercise of this right:

a) The invoice of the product delivered to the third party or the BUYER must be returned. (If the invoice for the product to be returned is corporate, it must be sent back with the return invoice issued by the institution. Returns of orders invoiced on behalf of institutions cannot be completed unless a RETURN INVOICE is issued.)

b) The return form must be included,

c) The box, packaging, and any standard accessories of the products to be returned must be delivered completely and undamaged.

d) The SELLER is obliged to refund the total amount and the documents that bind the BUYER within a maximum of 10 days from the date of receipt of the withdrawal notice, and to receive the goods within 20 days.

e) If the product’s value decreases due to the BUYER’s fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER for the damages caused by their fault. However, the BUYER is not responsible for changes and damages that occur due to proper use of the product during the withdrawal period.

f) If the withdrawal right causes the total amount of the campaign limit set by the SELLER to fall below the limit, the discount amount obtained under the campaign will be canceled.

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

The right of withdrawal cannot be exercised for goods prepared based on the BUYER’s request or explicitly personal needs and not suitable for return, such as underwear, swimwear and bikini bottoms, cosmetics, single-use products, perishable goods or goods that are likely to expire, products that cannot be returned after the packaging is opened for health and hygiene reasons, products that mix with other products after delivery and cannot be separated by their nature, goods related to periodic publications such as newspapers and magazines except for those provided under subscription contracts, services that are performed immediately in electronic environments or intangible goods delivered immediately to the consumer, and the return of audio or video recordings, books, digital content, software programs, data recording and storage devices, computer consumables, if the packaging has been opened by the BUYER is not possible according to the Regulation. Additionally, it is not possible to use the right of withdrawal for services that have started before the expiration of the withdrawal period with the consumer’s consent according to the Regulation.

12. DEFAULT AND LEGAL CONSEQUENCES

If the BUYER defaults on the payment transactions made with the credit card, they acknowledge, declare, and undertake that they will pay interest in accordance with the credit card agreement with the bank and will be responsible to the bank. In this case, the relevant bank may resort to legal means; it may demand the incurred costs and attorney fees from the BUYER and in any case, if the BUYER defaults on their debt, the BUYER agrees, declares, and undertakes to compensate the SELLER for any damages and losses incurred due to the delayed performance of the debt.

13. COMPETENT COURT

In disputes arising from this agreement, complaints and objections will be made to the consumer arbitration committee or consumer court in the place of residence of the consumer or where the consumer transaction is made, within the monetary limits specified in the following law. Information about the monetary limit is as follows:

As of 01/01/2017, the monetary limits for applications to consumer arbitration committees for the year 2017 are as follows:
a) For disputes under 2,400 Turkish Liras, district consumer arbitration committees will be responsible,
b) For disputes between 2,400 Turkish Liras and 3,610 Turkish Liras in metropolitan areas, provincial consumer arbitration committees will be responsible,
c) For disputes under 3,610 Turkish Liras in the centers of non-metropolitan provinces, provincial consumer arbitration committees will be responsible,
ç) For disputes between 2,400 Turkish Liras and 3,610 Turkish Liras in districts connected to non-metropolitan provinces, provincial consumer arbitration committees will be responsible.
This Agreement is made for commercial purposes.

14. EFFECTIVENESS

The BUYER is deemed to have accepted all the terms of this agreement upon making the payment for the order placed through the Site. The SELLER is obliged to make the necessary software arrangements to ensure that the BUYER confirms that they have read and accepted this agreement before the order is completed.

SELLER: KOCAALİ HİLAL FINDIK TARIM ÜRÜNLERİ TİC. LTD. ŞTİ
BUYER: [Shipping Name]
DATE: [Date]