PRELIMINARY INFORMATION FORM
ARTICLE 1: Information about the Seller
Commercial Title: TERRA ORGANİK TARIM KOZMETİK SAN. TİC. A.Ş. (“TERRA”)
Address : Halaskargazi Mah. Rumeli Cad. Kaya Ap. Blok No:9B Şişli İstanbul
Phone Number:
Fax:
E-mail: [email protected]
Central Registration System (MERSIS) Number:
ARTICLE 2: Subject Matter and Purpose
This Preliminary Information Form contains the information that shall be provided by the Seller in accordance with the Law on the Protection of Consumers numbered 6502 and the Regulation on Distant Sales Agreements before the establishment of the Distant Sales Agreement to be concluded with the Seller, whose information is given above. This Preliminary Information Form shall constitute an annex and an integral part of the Distant Sales Agreement to be concluded with the Seller.
ARTICLE 3: Basic Qualities of the Goods Subject to Sale and Information on Payment
It shall cover all goods and services that are sold to consumers (‘‘BUYER’’) via following website: www.bioterraorganics.com (‘‘website’’).
In the event that the BUYER confirms the distant sales agreement, the price and costs of the Goods / Product (s) ordered on the website shall be collected from the BUYER through the payment method that has been preferred by the BUYER.
ARTICLE 4: Validity Period of Commitments
The prices stated on the website are sales prices. The advertised prices and stated commitments shall be valid until they are updated and changed by the Seller. Prices announced for a certain period of time shall remain valid until the end of the specified period.
ARTICLE 5: Payment and Delivery
5.1. The BUYER can make the payment via credit cards and debit cards, as well as by money order / EFT and cash payment on the delivery.
5.2. The products, the price of which is paid in full and in complete by the BUYER, shall be delivered to the address specified by the BUYER during the order within thirty days following the completion of the payment.
ARTICLE 6: Right of Withdrawal
The BUYER shall have the right to withdraw from the agreement within fourteen days from the delivery of the product/products without providing any justification and without paying any penal clause pursuant to the following provisions.
6.1. It is sufficient that the notification of the exercise of the right of withdrawal is addressed to TERRA within fourteen days from the delivery of the product. The BUYER has been informed about the right of withdrawal during the establishment of this agreement and this document shall constitute the information document of the agreement.
6.2. The right of withdrawal period shall commence on the day the BUYER receives/is deemed to have received the product. However, the BUYER shall be entitled to exercise the right of withdrawal also within the period from the conclusion of the agreement until the delivery of the products.
6.3. The product/products to be returned due to the exercise of the right of withdrawal shall not be damaged or defective as a result of a misuse. The product to be returned shall be sent together with all accessories and original packaging and box.
6.4. The BUYER may use the form available on the website in order to exercise the right of withdrawal, as well as make an explicit statement stating the decision to cancel the purchase. In order for the BUYER to fill out this form or to submit the declaration of withdrawal, the form that can be obtained through the website shall be filled out and the form and the products to be returned shall be forwarded to the address of TERRA, which is specified above. The burden of proof regarding the exercise of the right of withdrawal shall belong to the BUYER. The BUYER shall be obliged to send the product back to TERRA within ten days from the date of the notification which states that the BUYER has exercised the right of withdrawal.
6.5. TERRA shall be obliged to refund to the BUYER the entire amount collected, including the costs, if any, related to the delivery of the product to the consumer, within fourteen days from the date of receipt of the notification that the BUYER has exercised the right of withdrawal in accordance with this article.
6.6. Exceptions to the right of withdrawal
6.1. The BUYER cannot exercise the right of withdrawal in agreements for the following goods and services:
a) Agreements for goods or services, the prices for which are subject to fluctuations in financial markets and are not under the control of the seller or provider.
b) Agreements for goods that are tailor-made according to the wishes or personal needs of the consumer.
c) Agreements for the delivery of goods that are perishable or whose expiration date may be exceeded.
d) Agreements regarding the delivery of goods the protective elements of which have been unsealed after delivery, such as packaging, tape, seal, package, and thus the return of which is not suitable in terms of health and hygiene.
e) Agreements relating to goods which are mixed with other products after delivery and which, by their very nature, cannot be re-separated.
f) Agreements for books, digital content and computer consumables offered in tangible media in the event that the protective elements such as packaging, tape, seal, package are opened after delivery of the goods.
g) Agreements for the delivery of periodicals such as newspapers and magazines, with the exception of those provided under a subscription agreement.
h) Agreements for accommodation, transportation of goods, car rental, procurement of food and beverages, and leisure time for the purpose of entertainment or recreation, which are required to be concluded on a specific date or period.
i) Agreements for services performed instantly in electronic media or for non-material goods that are delivered to the consumer instantly.
j) Agreements for services that are started to be performed with the consent of the consumer before the expiration of the period of the right of withdrawal.
ARTICLE 7: General Provisions
7.1 The Buyer hereby declares that he/she has read the preliminary information regarding the basic qualities of the Product subject to sale, the sales price and payment method and delivery information contained in this Form and that he/she has granted the necessary consent.
7.2 By approving this Form, the Buyer confirms that he / she has obtained the address, basic qualities of the Products ordered, the price of the products including taxes, payment and delivery information that must be provided to the consumer by the Seller before the conclusion of the distant sales agreement.
7.3 The Seller shall not be held responsible for the failure to deliver the ordered Product to the Buyer resulting from any problem encountered by the cargo company during the delivery of the Products to the Buyer.
7.4 The Seller shall be responsible for the delivery of the Products in sound condition, complete, in accordance with the specifications stipulated in the order and together with the warranty documents and user manuals, where applicable.
7.5 The Seller shall be entitled to supply a different Product of equal quality and price by informing the Buyer and obtaining the written consent of the Buyer when it becomes apparent that the Products ordered cannot be supplied before the delivery time for a justifiable reason.
7.6 In the event that it becomes impossible to deliver the Products, the Seller shall notify the Buyer of this situation before the expiry of the contractual performance obligation and shall refund the total price to the Buyer.
7.7 In the event that the price of the Product is not paid for any reason or is cancelled in the bank records, the Seller shall be deemed to be released from the obligation to deliver the Product.
7.8 In the event that the price of the Products is not paid to the Seller due to any reason, the Buyer shall return the Products to the Seller at its own expense within 3 days at the latest from the date of the notification issued by the Seller. All other contractual-legal rights of the Seller, including the follow-up of the Product price receivable, shall be reserved additionally and under any circumstances.
ARTICLE 8 Competent Court
In cases where the BUYER is a consumer, the Provincial or District Arbitration Committee for Consumer Problems located in the place where the Buyer purchases the product or where the Buyer legally resides shall be competent in disputes arising out of or related to the Distant Sales Agreement up to the value announced by the Ministry of Customs and Trade every year, and the Consumer Courts shall be competent in disputes exceeding the said value.
ARTICLE 9 Other Provisions
Once this Preliminary Information Form has been read and accepted by the Buyer in the electronic environment, the stage of establishing the Distant Sales Agreement shall be initiated.
As long as the membership of the BUYER continues, the BUYER will be able to access the text of the Distant Sales Agreement on our website, and if the BUYER terminates the membership, then the BUYER will be able to request the agreement to be sent to him/her by notifying the SELLER for the duration of the legal retention period.
The BUYER can update, modify and correct the membership information via the membership account on the website.
The SELLER shall keep the personal data of the BUYER in compliance with the Personal Data Protection Law numbered 6698 and the relevant legislation. Detailed information about the privacy policy of the SELLER can be accessed from the personal data protection policy section available on the website.