Order Agreement
SUBJECT AND SCOPE OF THE AGREEMENT
This Distance Selling Agreement ("Agreement") has been drawn up in accordance with Law No. 6502 on Consumer Protection ("Law") and the Distance Contracts Regulation. The parties to this Agreement acknowledge and declare that they are aware of and understand their obligations and responsibilities arising from the Law and the Distance Contracts Regulation under this Agreement.
The subject of this Agreement is to determine the rights and obligations of the parties in accordance with the provisions of the Law and the Distance Contracts Regulation regarding the sale and delivery of goods or services with the qualities specified in the Agreement, for which the Buyer has placed an electronic order from the website www.yarasagubresi.com.tr (“Website”) belonging to Turkuvaz Organik Gübre A.Ş.
Delivery Terms:
Delivery of the purchased product will begin within 2 business days following the ordering of the goods or services by the buyer.
Delivery Address:
The full address entered by the buyer when placing the order.
DELIVERY OF THE GOODS AND DELIVERY METHOD
The Agreement enters into force upon electronic confirmation by the Buyer and is fulfilled upon delivery to the Buyer of the goods or services purchased by the Buyer from the Seller. The goods will be delivered to the address specified by the Buyer on the order form and to the specified authorized person(s).
DELIVERY COSTS AND PERFORMANCE
The delivery costs of the goods are the responsibility of the Buyer unless otherwise stipulated. If the Seller has declared on the Website that it will cover the delivery costs
, the delivery costs will be the responsibility of the Seller. Delivery of the goods will be made within the promised period after payment is made. The Seller shall deliver the goods or services within 30 (thirty) days of the Buyer's ordering of the goods or services, save for cases where performance of the ordered goods or services becomes impossible. If,
for any reason, the Buyer does not pay for the goods or services or if the payment is cancelled in bank records, the Seller is deemed to be relieved of its obligation to deliver the goods or services.
The Buyer is responsible for the shipping cost in case of order cancellations made by the Buyer after the goods have been shipped by the Seller but before the Buyer has received them.
If the ordered goods or services become impossible to fulfill, the Seller will notify the Buyer within 3 (three) days of learning of this situation and will refund all payments received, including delivery costs, if any, within 14 (fourteen) days of the notification date.
BUYER'S DECLARATIONS AND COMMITMENTS
The Buyer declares that it has read and is aware of the preliminary information uploaded by the Seller regarding the basic characteristics, sales price, payment method, and delivery and shipping costs of the goods or services subject to the Agreement on the Website, and that it has provided the necessary confirmation electronically.
Buyers, as consumers, may submit their requests and complaints using the Seller's contact information above and/or via info@yarasagubresi.com.tr on the Website.
By electronically confirming this Agreement and the Preliminary Information Form, the Buyer confirms that it has obtained the correct and complete information regarding the address, basic characteristics of the ordered goods or services, the price of the goods or services including taxes, payment, delivery, and delivery price, which must be provided to the Buyer by the Seller before the conclusion of distance contracts. If the Buyer receives goods or services subject to the Agreement from the courier company that are clearly damaged or defective, such as damaged, broken, with torn packaging, etc., upon delivery, the Buyer shall be solely responsible.
If the relevant bank or financial institution fails to pay the price of the goods or services to the Seller due to the unfair or illegal use of the Buyer's credit card by unauthorized persons, not due to the Buyer's fault, after the delivery of the goods or services, the Buyer is obligated to return the goods or services to the Seller within 3 (three) days, provided that they have been delivered to the Buyer. In this case, the delivery costs are the responsibility of the Buyer.
SELLER'S DECLARATIONS AND COMMITMENTS
The Seller is responsible for delivering the goods or services subject to the Contract to the Buyer in accordance with consumer legislation, in good condition, complete, in accordance with the specifications specified in the order, and accompanied by warranty documents and user manuals, if any.
If the Seller is unable to deliver the goods or services subject to the Contract within the specified time due to force majeure or extraordinary circumstances preventing transportation, the Seller is obligated to notify the Buyer within three (3) days of learning of the situation.
If the goods or services subject to the Contract are to be delivered to a person other than the Buyer, the Seller cannot be held responsible if the recipient refuses to accept delivery.
RIGHT OF WITHDRAWAL
The Buyer may exercise the right of withdrawal within 7 (seven) days from the date of delivery for transactions related to the sale of goods and from the date of purchase for transactions related to the sale of services, without assuming any legal or criminal liability and without giving any justification. The Buyer may also exercise the right of withdrawal within the period until the delivery of the goods.
The Buyer may exercise the right of withdrawal by logging into www.yarasagubresi.com.tr and clicking the "Return" link on My Account>Current Order>My Orders. The Buyer must fill out the return request form on the relevant page, obtain the seller's return address information, and return the goods within 7 (seven) days from the date of exercising the right of withdrawal. The invoice, the box and packaging of the goods, any standard accessories, and any other products gifted with the goods must also be returned complete and undamaged. The Buyer is not responsible for any changes or deterioration that occur if the goods are used in accordance with their functioning, technical specifications, and usage instructions during the withdrawal period. The return shipping cost for the returned product is the responsibility of the customer. The remaining amount will be deducted from the shipping cost and will be paid to the customer's designated account number.
The seller is not responsible for any damage to the product during the shipping process.
CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
According to the legislation, the Buyer cannot exercise the right of withdrawal in the following cases:
Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery
; Contracts regarding goods that have been mixed with other products after delivery and cannot be separated due to their nature;
The cancellation and return conditions of such goods and services offered for sale are subject to the practices and rules of Turkuvaz Organik Gübre A.Ş.
DISPUTE RESOLUTION:
Turkuvaz Organik Gübre A.Ş. is solely responsible for the goods sold under the Law and the Distance Contracts Regulation. Furthermore, buyers may submit complaints regarding the goods and services they purchase directly to www.yarasagubresi.com.tr. If a complaint is submitted to Turkuvaz Organik Gübre A.Ş., we will provide all possible support to resolve the issue.
In case of any disputes arising from this Distance Selling Contract, the Provincial or District Consumer Problems Arbitration Committees in the place where the Buyer purchased the product or where the Buyer resides shall have jurisdiction up to the value declared annually by the Ministry of Customs and Trade, and in case of disputes exceeding the aforementioned value, the Consumer Courts shall have jurisdiction.
PRICE OF GOODS/SERVICES
The cash or deferred sales price of the goods is the price included in the order form, as well as the price included in the informative e-mail sent at the end of the order and the invoice sent to the customer along with the product.
DEFAULT AND LEGAL CONSEQUENCES
In the event that the Buyer goes into default in its transactions with a credit card, the cardholder will pay interest within the framework of the credit card agreement made with the bank and will be liable to the bank. In this case, the relevant bank may take legal action; may claim the incurred expenses and attorney fees from the Buyer and under any circumstances, in the event of the Buyer's default due to its debt, the Buyer will be liable for any loss or damage incurred by the Seller due to the delayed performance of the Buyer's debt.
NOTIFICATIONS AND EVIDENCE AGREEMENT
All correspondence between the parties under this Agreement will be made via the e-mail on the Website, except for the mandatory cases listed in the legislation. The Buyer agrees that in case of disputes that may arise from this Agreement, the Seller and Turkuvaz Organik Gübre A.Ş. The Company accepts, declares and undertakes that the official books and commercial records, its own database, and the electronic information and computer records kept on its servers shall constitute binding, definitive and exclusive evidence, and that this article constitutes an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure.
ENFORCEMENT
This Agreement, consisting of 14 (fourteen) articles, has been read by the parties and electronically approved by the Buyer on the date of ordering, and has entered into force. In case of dispute, the courts of Eskişehir province shall have jurisdiction.