Distance Sales Agreement

Article 1- Parties

1.1. Seller

Name: Eron Koz. Gıda İlaç Üretim İthalat İhracat Sanayi ve Ticaret Anonim Şirketi
Address: Kızılırmak Mah. Dumlupınar Bulvarı No:9a/158 Çankaya - Ankara
Phone: 0850 346 6629
Email: bilgi@badeva.com

Tax Office: Çankaya

Tax Number: 3680482734

1.2. Buyer

Name – surname/ID No
Address
Phone
Email

Tax Office

Tax No

Article 2- Subject

The subject of this contract is to determine the rights and obligations of the parties in accordance with the provisions of Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of the product, whose qualities and sales price are specified below, which the BUYER ordered electronically from the SELLER's website http://www.bademagarden.com.

The Buyer accepts and declares under the terms of this contract that they have been clearly and understandably informed by the Seller, in a manner suitable for the internet environment, about the Seller's name, title, full address, telephone and other access information, the basic characteristics of the product subject to sale, the sales price including taxes, payment method, delivery conditions and costs, all preliminary information related to the product subject to sale, the use of the "right of withdrawal" and how to use this right, official authorities to which complaints and objections can be submitted, etc., that they have confirmed this preliminary information electronically, and that they have subsequently placed an order for the product.

The preliminary information on the http://www.bademagarden.com website and the invoice issued based on the order placed by the buyer are integral parts of this contract.

Article 3- Contract Subject Product/Payment/Delivery Information

The type and kind, quantity, brand/model, sales price, payment method, recipient, delivery address, invoice information, and shipping fee of the product/products purchased electronically are as stated below. The person to be invoiced and the person making the contract must be the same. The information below must be accurate and complete. The buyer accepts to fully compensate for any damages arising from inaccurate or incomplete information and also accepts all responsibility that may arise from this situation.

The SELLER reserves the right to suspend the order if the information provided by the BUYER does not match the truth. If the SELLER detects an issue with the order and cannot reach the BUYER through the telephone, e-mail, and postal addresses provided by the BUYER, the order's activation will be frozen for 15 (fifteen) days. The BUYER is expected to contact the SELLER regarding the matter within this period. If no response is received from the BUYER within this period, the SELLER will cancel the order to prevent harm to both parties.

Products Purchased

 

Products	UNIT PRICE (TL)	QUANTITY	TOTAL (TL)
Oleropin Plus 250 ml	1500 TL	1	1500 TL
Procyanidin&L-Arginine 800 mg	1250 TL	1	1250 TL
Olero Vacrerio 100 ml	750 TL	1	750 TL
Olero Kids 100 ml	500 TL	1	500 TL

Payment (Collection) Information
Payment Method-Medium: (Credit Card / Credit Card at Door or Cash Collection)
[Card Type Visa ....
Card Number ....
Payment Credit Card ...
Credit Card Installment/Single Payment.
Total Amount ...]

 

Delivery Information:
Name, Surname/Title:
Address:
Phone:
Email:
Invoice Information:
Name, Surname/Title:
Address:
Phone:
Email:

 

Article 4- Contract Date and Force Majeure

The contract date is ../../…., the date the order was placed by the buyer.

Situations that did not exist or were unforeseen on the date of signing the contract, developed outside the control of the parties, and made it impossible for one or both parties to partially or completely fulfill their obligations and responsibilities under the contract, or to fulfill them on time, will be considered as force majeure (Natural disaster, war, terrorism, rebellion, changing legislative provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.). The party experiencing the force majeure shall immediately and in writing notify the other party.

No liability shall arise for the parties due to their inability to perform their obligations during the continuation of the force majeure. If this force majeure situation continues for 30 (thirty) days, each party shall have the right to terminate unilaterally.

Article 5- Seller's Rights and Obligations

5.1. The Seller accepts and undertakes to fully fulfill the obligations imposed on it by the contract, except in cases of force majeure, in accordance with the provisions of Law No. 4077 on Consumer Protection and the Regulation on Distance Contracts.

5.2. Persons under 18 (eighteen) years of age cannot shop at bademagarden.com. The Seller will rely on the buyer's stated age in the contract. However, the Seller cannot be held responsible in any way due to the buyer incorrectly stating their age.

5.2. http://www.bademagarden.com is not responsible for price errors arising from system errors. Accordingly, the seller is not responsible for promotional or price errors that may arise due to interventions in the website from the system, design, or illegal means. The buyer cannot claim rights from the seller based on system errors.

5.3. Shopping can be done at http://www.bademagarden.com with credit card (Visa, MasterCard, etc.) or bank transfer. Orders for which a transfer is not made within three days from the order date will be canceled. The time when orders are processed is not the moment the order is placed, but the moment when the necessary collection is made from the credit card account or when the money transfer (EFT) reaches the bank accounts. Payment methods such as cash on delivery or postal order, carried out without consulting customer services, are not accepted.

Article 6- Buyer's Rights and Obligations

6.1. The Buyer accepts and undertakes to fully fulfill the obligations imposed on it by the contract, except in cases of force majeure.

6.2. The Buyer, by placing an order, is deemed to have accepted the provisions of this contract and undertakes to make payment in accordance with the payment method specified in the contract.

6.3. The Buyer accepts and declares that they have clear, understandable information, suitable for the internet environment, regarding the seller's name, title, full address, telephone, and other access information, the basic characteristics of the product subject to sale, the sales price including taxes, payment method, delivery conditions and costs, all preliminary information related to the product subject to sale, the use of the "right of withdrawal" and how this right will be used, official authorities to which complaints and objections can be submitted, etc., from the http://www.bademagaraden.com website, and that they have confirmed this preliminary information electronically.

6.4. In connection with the previous article, the Buyer declares that they have read and understood the information regarding www.bademagarden.com's order/payment/use procedures, which contain the product order and payment conditions, product usage instructions, precautions taken against possible situations, and warnings, and that they have provided the necessary electronic confirmation.

6.5. If the Buyer wishes to return the purchased product, they accept and undertake to return the original invoice and delivery note to the Seller.

Article 7- Order/Payment Procedure

Order:

The total TL amount (including VAT) of the products added to the shopping cart (total installment amounts in installment transactions) is processed via the POS of the relevant bank card after being approved by the buyer.

Any disruption in the process or problems that may arise with the credit card are communicated to the buyer using one or more of the telephone/fax/e-mail channels specified in the contract. If necessary, the buyer may be asked to contact their bank. The time when orders are processed is not the moment the order is placed, but the moment when the necessary collection from the credit card account is made or when the money transfer (EFT) is determined to have reached the seller's accounts.

Exceptionally, in case it is understood that the product subject to the contract cannot be supplied for a justified reason and/or a stock problem is encountered, the buyer is immediately and clearly informed, and if they approve, another product of equal quality and price can be sent to the buyer, or according to the buyer's wish and choice; another new product can be sent, the entry of the product into stock or the elimination of other obstacles preventing delivery can be waited for, and/or the order can be canceled.

In cases where it becomes impossible to fulfill the delivery obligation of the product subject to the contract, the buyer is informed of this situation, and the total amount paid and any documents that put the buyer into debt are returned to them within ten days at the latest, and the contract is canceled. In such a case, the buyer will not have any additional material and moral damage claims against the seller.

Payment:

At http://www.bademagarden.com, cash transfer order options are offered to buyers who do not want to use credit card information on the internet. For payment by transfer, the buyer can choose the most suitable bank and make their transfer. If an EFT has been made, the date of receipt by the account will be taken into consideration. When making a transfer and/or EFT, the "Sender Information" must be the same as the Invoice Information and the order number must be written.

If, after the delivery of the product, the relevant bank or financial institution does not pay the product price to the Seller due to unauthorized persons unfairly or unlawfully using the Buyer's credit card in a way not attributable to the Buyer's fault, the Buyer is obliged to send the delivered product back to the Seller within 10 days. In such cases, shipping costs are borne by the Buyer.

If the Buyer has chosen to pay by credit card, the BUYER accepts, declares, and undertakes that they will separately confirm the relevant interest rates and default interest information with their bank, and that the provisions regarding interest and default interest will be applied within the scope of the "Credit Card Agreement" between the Bank and the BUYER in accordance with the current legislation.

Article 8- Shipment/Delivery Procedure

Shipment:

Upon payment, the service is sent to the buyer's address.

For credit card payments, approval is given automatically. For transfer option, the service is delivered when payment confirmation is received from the bank.

Article 9- Product Return and Right of Withdrawal Procedure

Product Return:

The buyer has the right to withdraw from the contract without giving any reason and without paying any penalty within seven days after receiving the goods. In accordance with the general communiqué of tax procedure law no. 385, in order for return transactions to be made, the buyer must send one invoice belonging to the seller, delivered with the goods, to the seller. The right of withdrawal period begins from the day the goods are delivered to the buyer. The return shipping cost of the returned product or products must be borne by the buyer.

The right of withdrawal does not apply to goods prepared in accordance with the buyer's wishes and/or explicit personal needs.

If the buyer exercises their right of withdrawal, the seller shall return the total amount received and any documents that put the consumer into debt, without any charge to the consumer, within ten days at the latest from the date the invoice containing the withdrawal notification reaches them along with the product.

The decrease in the value of the received goods or the existence of a reason making the return impossible does not prevent the exercise of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the consumer's fault, the consumer must compensate the seller for the value of the goods or the decrease in their value.

The general return period for any product mistakenly purchased is 7 days. Within this period, returns of products whose packaging has been opened, used, damaged, etc. are not accepted. Returns must be made with the original packaging.

In cases where any opening, deterioration, breakage, damage, tearing, use, and other similar situations are detected in the mistakenly purchased product and its packaging, and if the product cannot be returned in the state it was delivered to the buyer, the product will not be taken back and its price will not be refunded.

For product returns, the situation must first be communicated to customer services. Information about sending the product as a return is communicated to the customer by the seller. After this conversation, the product should be delivered to the seller via the Cargo company that delivered it to the buyer's address, along with the invoice containing the return information. If the returned product received by the seller meets the conditions specified in this contract, it will be accepted as a return, and the refund will be made to the buyer's credit card/account. No refund will be made until the product is returned. The time for refunds made to credit cards to be reflected in credit card accounts is at the discretion of the relevant bank.

If the purchase was made with a credit card and in installments, the credit card refund procedure will be applied as follows: If the Buyer requested to purchase the product in installments, the Bank makes the refund to the buyer in installments. After the Seller pays the full product price to the bank in a single payment, to prevent the parties involved in the refund of installment purchases made through bank POS from being disadvantaged, the requested refund amounts are transferred to the cardholder's accounts by the Bank again in installments. The installment amounts paid by the Buyer until the sales cancellation, if the refund date and the card's statement dates do not coincide, will be reflected as 1 (one) refund to the card each month, and the Buyer will receive the installments they paid before the refund for as many months as the number of installments they paid before the refund, after the sales installments are finished, and these amounts will be deducted from their current debts.

In case of return of goods and services purchased with a card, the seller cannot make a cash payment to the buyer due to the agreement made with the Bank. The member business, i.e., the seller, will make the refund through the relevant software when a return transaction occurs, and since the member business, i.e., the seller, is obliged to pay the relevant amount to the Bank in cash or by set-off, cash payment cannot be made to the buyer in accordance with the procedure detailed above. The credit card refund will be made by the Bank in accordance with the above procedure after the buyer pays the price to the Bank in a single payment.

Article 10-Warranty

Products used and cleaned in accordance with the instructions for use are guaranteed for 1 year against all manufacturing defects under the conditions specified below: The seller's warranty liability is only valid for consumers covered by Law No. 4077. For commercial transactions, the provisions of the Turkish Commercial Code will apply.

Article 11- Confidentiality

The information provided by the Buyer in this contract and the information provided to the seller for payment will not be shared with 3rd parties by the seller.
The seller may disclose this information only within the scope of administrative/legal necessity. The seller may provide the requested information to the relevant authority if it possesses it, including any judicial investigation for which the research authority has been documented.

Credit Card information is never stored; Credit Card information is only securely transmitted to the relevant banks during the collection process to obtain authorization and is deleted from the system after authorization.
Buyer's e-mail address, postal address, and telephone number are used by the seller only for standard product delivery and notification procedures. Campaign information, new product information, and promotional information may be sent to the buyer after their approval at certain times.

Article 12- Authorized Courts and Enforcement Offices in Case of Dispute

In case of disputes arising from the application of this contract, Consumer Arbitration Committees up to the value announced by the Ministry of Industry and Trade every December, and Consumer Courts in the residence of the Buyer or Seller are authorized.

In case of order placement, the Buyer is deemed to have accepted all terms and conditions of this contract. …/…/…