Distance Sales Agreement
ARTICLE 1 – INFORMATION REGARDING THE PARTIES
1.1 – SELLER
Trade Name: FINDIK ÖTESİ GIDA VE TİC. LTD. ŞTİ.
Address: Orhangazi Mah. Dönmez Sok. No:10/A Akçakoca / Düzce
Tax Office / Tax No: Akçakoca Tax Office / 3861070916
Phone: +90 540 611 77 17
Email: siparis@findikotesi.com
Website: www.findikotesi.com
This contract between the parties has been prepared within the framework of the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts enacted based on this Law, in order to establish a legal basis for sales transactions carried out through the e-commerce channel.
1.2 – BUYER
The person who is a member of the e-commerce platform at www.findikotesi.com and places an order. In the implementation of the contract, the communication and delivery information declared in the membership registration form is considered valid.
ARTICLE 2 – SUBJECT OF THE CONTRACT
This contract has been prepared to determine the legal conditions of the sales relationship established between the SELLER and the BUYER through remote communication tools, within the scope of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.
The BUYER starts the ordering process by acknowledging that they have reviewed and approved all information regarding product features, applied prices, payment and delivery conditions, right of withdrawal, and return procedures in electronic environment during the order completion phase.
ARTICLE 3 – PRODUCT AND DELIVERY INFORMATION
The features, quantity, unit and total price, payment method, recipient name and delivery address, billing information, and shipping fee (if any) of the product or products (hazelnuts, hazelnut paste, and related products) ordered via www.findikotesi.com are clearly presented to the customer in the forms filled out during order creation and on the order summary screen. The estimated delivery time for each product is shown on the relevant product page.
ARTICLE 4 – GENERAL OBLIGATIONS AND PROVISIONS
4.1 – The BUYER declares that they have read and electronically approved the pre-information form covering the basic features of the products, pricing, payment method, and delivery conditions before completing the order.
4.2 – Ordered products are delivered within the legal maximum period of 30 days and within the period determined according to the BUYER's location. In compulsory cases, this period may be extended by a maximum of 10 days, provided that the BUYER is notified in advance.
4.3 – The BUYER irrevocably accepts that the responsibilities arising from the refusal of delivery by a third party, if the product is ordered in the name of that person, cannot be attributed to the SELLER.
4.4 – The SELLER is obliged to deliver the product or products subject to the order completely, undamaged, and in accordance with the order conditions.
4.5 – If the credit card belonging to the BUYER is used by unauthorized third parties without any fault of the BUYER after delivery, and the payment is not made by the bank for this reason, the BUYER is obliged to return the product within 3 business days if they have received it; these shipping costs belong to the BUYER.
4.6 – In cases where delivery cannot be made due to force majeure events beyond the SELLER's control, such as natural disasters, transportation disruptions, or pandemics, the SELLER is obliged to immediately notify the BUYER of the situation. In this case, the BUYER may choose to cancel the order, request an exchange for a similar product, or postpone delivery until the impediment is removed. If cancellation is chosen, the amount paid will be refunded to the BUYER within 15 business days.
4.7 – In installment payments, all conditions regarding interest and default interest are determined within the scope of the contract provisions between the BUYER and the card-issuing bank; the responsibility in this regard belongs exclusively to the said bank.
4.8 – Even if the BUYER, who does not qualify as a consumer, has completed the order and payment, the SELLER reserves the right to cancel unshipped orders without providing a reason. The collected amount is refunded consistent with the payment method; if the refund period is extended, the responsibility for this delay belongs to the card-issuing institution.
4.9 – The BUYER acknowledges that they have reviewed and confirmed all provisions of the contract and the pre-information form electronically on www.findikotesi.com, that they have also been sent to their registered e-mail address, and that they have placed their order knowing all these conditions.
4.10 – The BUYER is personally responsible for all obligations arising towards the bank, including interest and default charges determined in the card agreement, in case of default in transactions made with a credit card.
ARTICLE 5 – RIGHT OF WITHDRAWAL
The BUYER may exercise the right of withdrawal without giving any reason within 14 (fourteen) calendar days from the date of delivery of the product. It is obligatory to notify the SELLER via e-mail or phone within this period and to return the product unused, unconsumed, and with its original packaging unopened. When the cargo delivery receipt and the original invoice, which are the basis for the return request, reach our company, the product price will be transferred to the BUYER within 7 business days. If the original invoice is not sent, VAT and other legal obligations cannot be included in the refund. The shipping cost of the product returned due to the right of withdrawal is borne by the SELLER.
In order to carry out return transactions within the scope of the General Communiqué on Tax Procedure Law No. 385, the return section of the invoice sent to you must be filled in completely, signed, and returned with the product.
ARTICLE 6 – CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
In the following situations, the BUYER cannot benefit from the legal right of withdrawal:
a) Goods or services whose price fluctuates depending on financial market conditions and are not under the control of the SELLER,
b) Products specially produced or customized in line with the BUYER's requests and directions,
c) Products that are perishable or have a short shelf life; all foodstuffs, especially hazelnuts and hazelnut paste, fall into this category,
d) Products whose packaging, tape, seal, or protective covering has been opened after delivery; the return of these products is not possible due to hygiene and food safety reasons. Hazelnuts and hazelnut paste products whose packaging has been opened are evaluated under this article,
e) Products that have been mixed with other products or substances after delivery and cannot be separated due to their nature,
f) Food and beverage supply services and similar organization-based services provided on a specific date or time period.
ARTICLE 7 – CORRESPONDENCE AND AGREEMENT ON EVIDENCE
All notifications and correspondence within the scope of the contract are conducted through the communication channels on the www.findikotesi.com website or via the e-mail addresses of the parties, except in cases where mandated by law. The BUYER accepts and declares that in any disputes arising from this contract, the SELLER's legal books, commercial records, and electronic data stored in digital systems shall constitute exclusive and binding evidence in the sense of Article 193 of the Code of Civil Procedure No. 6100.
ARTICLE 8 – COMPETENT AUTHORITY IN DISPUTES
In disputes arising from the performance of the contract, Consumer Arbitration Committees are authorized within the monetary limits updated annually by the Ministry of Trade, and in cases exceeding this limit, Consumer Courts at the residence of the BUYER or SELLER are authorized. Completion of the order means that the BUYER fully accepts the provisions of the contract.
ARTICLE 9 – EFFECTIVENESS
This contract, consisting of nine articles, becomes effective and binding on the parties when it is read and approved electronically by the BUYER on www.findikotesi.com.