Terms & Conditions
EGE KIRI NURSERY INC. – DISTANCE SALES
AGREEMENT
1. PARTIES
Seller:
Title: EGE KIRI NURSERY INC.
Address: Tahılpazarı Mah. 471 Sk. No: 5, 07010 Muratpaşa / ANTALYA – TURKEY
Tel: +90 531 266 96 93 E-mail: info@egekiri.com Mersis No: 110650
Recipient:
Name-Surname / Title: [RECIPIENT NAME]
Address: [RECIPIENT ADDRESS] Phone: [RECIPIENT PHONE] Email: [RECIPIENT E-MAIL]
TOPIC 2
2.1. This contract regulates the rights and
obligations regarding the sale and delivery of saplings, seeds, seedlings,
ornamental plants and similar products that are the subject of the order placed
electronically by the buyer via the www.egekiri.com website.
This agreement has been prepared in accordance
with the provisions of Consumer Protection Law No. 6502 and the Distance
Contracts Regulation published in the Official Gazette dated November 27, 2014.
The parties to this agreement declare that they accept legal responsibilities
for the ordering, payment, delivery, right of withdrawal, returns, warranty,
and data protection of the products subject to this agreement, within the scope
of the aforementioned legislation.
The Buyer accepts and declares that he/she is
subject to the provisions of this agreement for every order made through the
www.egekiri.com website, that he/she has read and understood the content of the
agreement before ordering and that he/she has approved it electronically.
2.2. The BUYER accepts and declares that
he/she is informed about all preliminary information such as the basic
characteristics of the products subject to sale, sales price, payment method,
delivery conditions and right of withdrawal, that he/she confirmed this
information electronically and then ordered the product, in accordance with the
provisions of this contract.
2.3. The preliminary information form and
invoice available on the website www.egekiri.com are integral parts of this
agreement.
2.4. The BUYER declares that he/she has read
and is aware of the basic characteristics of the products specified in the
contract, the sales price, payment method and all preliminary information
regarding delivery and has given the necessary confirmation electronically.
2.5. This contract shall enter into force upon
the BUYER's electronic approval of the product order.
3. DELIVERY OF THE PRODUCT, PLACE OF
PERFORMANCE OF THE CONTRACT AND METHODS OF DELIVERY
The product requested by the BUYER will be
delivered to the delivery address provided by the BUYER via the SELLER's
contracted cargo company. If the delivery address is outside the cargo
company's delivery area, the BUYER is responsible for picking up the product
from the relevant cargo branch. The SELLER cannot be held responsible for any
delays or problems that may arise from this situation.
4. DELIVERY COSTS AND PERFORMANCE
4.1. Delivery costs are the responsibility of
the BUYER unless otherwise stated. If the BUYER is not present at the address
at the time of delivery, delivery of the product to the specified address is
sufficient. The SELLER is deemed to have fully fulfilled its obligation.
4.2. If the product is to be delivered to a
person or organization other than the BUYER and that person refuses delivery,
the SELLER cannot be held responsible. The costs of waiting for the product at
the cargo company or returning it to the SELLER are the responsibility of the
BUYER.
4.3. Delivery will be made after the payment
for the product is transferred to the SELLER's account. The product will be
delivered to the cargo company within 3 business days at the latest.
4.4. If the product cannot be delivered due to
force majeure (adverse weather conditions, transportation interruption, stock
out, etc.), the BUYER will be notified. The BUYER may cancel the order, request
a replacement with a similar product, or request a postponement of delivery. In
case of cancellation, the paid amount will be refunded within 10 days.
4.5. If the product price is not paid for any
reason or is cancelled in bank records, the SELLER is relieved of its
obligation to deliver the product.
5. BUYER'S DECLARATIONS AND COMMITMENTS
5.1. The BUYER shall inspect the contractual
product before receiving it and shall not accept from the cargo company any
damaged or defective product such as broken, crushed, torn packaging, etc. The
product received shall be deemed to be undamaged and intact. The BUYER is
responsible for the careful preservation of the product after delivery.
5.2. The BUYER accepts that delivery made to
the address he has indicated and to the person present at this address during
delivery will be deemed to have been delivered to him.
5.3. If the right of withdrawal is to be
exercised, the product must not be used and must be returned with the invoice.
If the original invoice is not sent, VAT and any other legal obligations, if
any, cannot be refunded to the BUYER.
6. SELLER'S DECLARATIONS AND COMMITMENTS
6.1. The SELLER is responsible for delivering
the contractual product intact, complete, in accordance with the specifications
specified in the order and with warranty documents and user manuals, if any.
6.2. If the product in question is to be
delivered to a person or organization other than the BUYER, the SELLER is not
responsible if this person or organization does not accept the delivery.
6.3. SELLER accepts that BUYER has the right
of withdrawal within 14 (fourteen) days from the date of receiving the product
or signing the contract, without giving any reason and without paying any
penalty.
6.4. The product price will be refunded to the
BUYER within 10 (ten) days at the latest after the declaration of withdrawal
reaches the SELLER and the product is returned.
6.5. If the product cannot be delivered due to
reasons such as stock out, production difficulties, logistical problems, or
force majeure, the SELLER reserves the right to supply the BUYER with another
product of similar quality and price . This will be notified to the BUYER and
their approval will be obtained. If the BUYER does not wish to receive the
product, they may cancel the order and the payment will be refunded.
7. RIGHT OF WITHDRAWAL
7.1. The BUYER may exercise the right of
withdrawal within 14 (fourteen) days from the date of delivery without giving
any reason and without paying any penalty. Returning the product before the
right of withdrawal expires is sufficient.
7.2. To exercise the right of withdrawal, the
product must be unused, unopened, undamaged, and in resalable condition. The
original invoice must be returned along with the product. If the original
invoice is not returned, VAT and any other legal obligations will not be
refunded.
7.3. The notification regarding the right of
withdrawal must be sent in writing to the SELLER and the product return process
must be initiated. The SELLER will refund the product price within 10 days of
receiving the notice of withdrawal.
7.4. The right of withdrawal cannot be
exercised for the following products:
- Products that can spoil quickly or expire,
- Products specially prepared in line with the BUYER's requests
(e.g. saplings with personalized labels or names, special mix seeds,
etc.),
- Products that are not suitable for return due to hygiene reasons,
- Damages caused by reasons such as seasonal and live products
(saplings, seedlings, etc.) not being kept due to their nature are not
included in the scope of withdrawal.
7.5. If the product to be returned is
defective, the shipping costs will be covered by the SELLER. For returns made
outside of the right of withdrawal, the shipping costs will be the
responsibility of the BUYER.
8. RETURN CONDITIONS
8.1. For product returns based on the right of
withdrawal or any other reason, the product must be returned complete and
unused in its original packaging. The product must be packaged to prevent
damage during transport, and the original invoice must be included.
8.2. For returns made under the right of
withdrawal, the shipping costs will be covered by the BUYER. However, if the
product is defective, the shipping costs will be paid by the SELLER.
8.3. All information regarding the return
process is provided on the "Returns and Exchanges" page of the
website www.egekiri.com. The BUYER declares that he/she has read and accepted
this information before initiating the return process.
9. SPECIAL PROVISIONS REGARDING LIVE
PRODUCTS
9.1. Seedlings, saplings, seeds, and similar
living products require special care, climate, soil, irrigation, fertilization,
and pruning conditions. Since these conditions are under the control of the
consumer, the SELLER assumes no responsibility for the success or performance
of the products.
9.2. A loss rate of up to 5% is considered
normal for saplings and seedlings planted during the winter (dormant) period.
If more than 5% loss occurs within 45 days of the start of vegetation, the
BUYER must notify the SELLER in writing. If the SELLER is found to be at fault
upon inspection, a replacement product will be sent.
9.3. The conformity of the ordered products in
terms of type, species, and disease is under the SELLER's guarantee. In the
event of a faulty delivery or disease, the SELLER will either send a
replacement product as compensation or refund the price of the product. The
BUYER cannot make any other request other than the return of the replacement
product or the return.
10. PROTECTION OF PERSONAL DATA
10.1. Personal data provided by the BUYER to
the SELLER is processed only for the purpose of order processing, product
delivery and after-sales services.
10.2. SELLER collects, stores, processes and,
when necessary, destroys the personal data of the BUYER in accordance with all
relevant legislation in force, especially the Personal Data Protection Law No.
6698 (KVKK).
10.3. Personal data will not be shared with
third parties, sold, or used for commercial purposes without the BUYER's
explicit consent. However, sharing may be done within the framework of legal
obligations and in accordance with the requests of authorized public
institutions and organizations.
10.4. The BUYER may exercise its legal rights
regarding its processed personal data from the SELLER, which is the data
controller under the Personal Data Protection Law; access to, correction of,
deletion of, and destruction of personal data if the purpose of processing
ceases, etc. It may submit these requests in writing or through the
communication channels specified on the SELLER's website.
10.5. For all details and rights regarding
personal data, you can review the Privacy Policy link at www.egekiri.com.
11. DISPUTE RESOLUTION
11.1. Consumer Arbitration Committees and
Consumer Courts at the BUYER's or SELLER's place of residence are authorized to
resolve any disputes that may arise from the implementation of this contract,
within the monetary limits determined by the Ministry of Customs and Trade.
11.2. The BUYER undertakes to first contact
the SELLER and seek a solution in case of any dispute regarding the product or
service purchased.
11.3. BUYER and SELLER agree that Turkish Law
will be applied in resolving disputes.
12. ENFORCEMENT
12.1. The BUYER declares that he/she has read
and accepted this agreement electronically and consents to all its provisions.
This agreement shall enter into force on the date it is approved electronically
by the BUYER.
Seller: EGE KIRI
NURSERY INC.
Buyer: [BUYER NAME]
Date: [Contract Approval Date]
RISK STATEMENT TEXT
With respect to all information contained
herein, you expressly, unconditionally and irrevocably accept all the following
terms:
ACCESS PROHIBITED FROM RESTRICTED AREAS
You acknowledge that access to this document
may not be legal for citizens of certain countries or categories of citizens.
If you access or read this document is restricted by applicable law, you are
solely responsible for accessing it. This document does not constitute an
investment offer, securities solicitation, or advisory service for individuals
located within the Republic of Turkey.
FOR INFORMATION PURPOSES
This document is prepared for informational
purposes only, and no warranty is made. No express or implied warranty is made
regarding the accuracy, completeness, timeliness, or non-infringement of
third-party rights of the content. EGE KIRI FİDANCILIK A.Ş. and its employees
cannot be held responsible for any direct or indirect damages arising from any
actions taken based on the information provided in this document.
IT IS NOT AN INVESTMENT OFFER
This document has not been prepared for the
purpose of selling, offering to the public, or marketing any investment
instrument. It is strongly recommended that you seek independent advice before
making any investment decisions.
IT IS NOT LEGAL OR FINANCIAL ADVICE
Nothing contained herein constitutes legal,
financial, tax, or other professional advice. You should conduct your own
research and ensure you comply with all applicable local regulations before
investing.
NON-BINDING
This document is not considered part of any
binding contract. All contracts for the sale of products or services are
governed by separate documents.
LEGAL RISKS AND REGULATIONS
This document has not been reviewed by any
regulatory authority and has not been prepared in accordance with the
regulatory framework of any country. Current or future regulations may
adversely affect the applicability of the plans contained in this document.
MARKET RISK
Unexpected developments can occur in the
agriculture and plant sales sector due to changes in market conditions (such as
climate, costs, and demand). These variables can affect your investment
decisions.
OTHER PROVISIONS
While EGE KIRI FİDANCILIK A.Ş. will do its
best to implement the plans, objectives, and strategies contained in this
document, it is not obligated to implement all of them. Forward-looking
statements are merely predictions and carry the risk that they may not
materialize.
By reading this document, you accept all terms
and risks involved.